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From:
Andy Finch <[log in to unmask]>
Reply To:
Museum discussion list <[log in to unmask]>
Date:
Fri, 13 Feb 1998 10:55:23 -0500
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I thought the list might be interested in the U.S. House of
Representatives Banking Committee hearing on museums and Nazi loot,
which happened yesterday morning.

The first panel included four museum directors -- Philippe de Montebello
(Met), Rusty Powell (National Gallery of Art), Glenn Lowry (MoMA) and
Jim Wood (Art Institute of Chicago).  Steve Weil, senior emeritus
scholar at the Smithsonian, and Ori Soltes, director, B'nai Brith
Klutznick National Jewish Ronald Leonard Lauder, who chairs both MoMA
and the World Jewish Congress art restitution project, and a
representative from the Art Dealers Assocation.

Although members of Congress often don't get it, we were lucky (IMHO)
that Jim Leach of Iowa served as chair.  He realizes that museums aren't
simply places where pretty things hang on the wall, but that research
and scholarship are integral to their mission as well.  This was
important because Montebello made the point that we don't research
provenance simply to establish title (as one does with a house or car)
but also to learn more about the object, which helps establish both
value and meaning.  In other words, contrary to assertions that we "look
the other way," we actually try to find out as much as we can.  Wood
said that while no claims have been lodged against AIC, "that doesn't
diminish our concern about what we don't know."

To make a long story short, the directors all basically said that they
don't condone possession of stolen art, that they are sensitive to the
tragedies involved, and that they are members of a task force formed by
AAMD to look into mechanisms (such as improved data bases for research,
arbitration panels to deal with actual claims, etc.) to deal with the
issues.  Three of them also noted that not a single claim has been
lodged against their museums; the fourth (the Met) has had two claims
related to WWII but neither involved Jewish families.

The art dealer stated that only four cases have been litigated in the
U.S. and that three of them involved looting by U.S. soldiers.  This
caused consternation among the Congresspeople -- "We don't want to talk
about that!"

However, they did want to talk at length about the superiority of
American law, ethics, and museology vis a vis the rest of the world.
(Foreign friends:  please don't blame me, I am only the messenger.)
There were several suggestions that we (i.e., the U.S.) try to get other
countries to adopt our legal principles with regard to stolen property.
NOTE:  in the U.S., a thief cannot pass good title to stolen property,
whereas in various other countries, a good faith purchaser is protected
from claims by the former owner/victim.  Sen. D'Amato suggested that we
make NATO membership for Poland, Czech Republic and Hungary contingent
on some action on this issue (I'll try to get the direct quote if
anybody is interested).

The bottom line is that the Members of Congress continually
congratulated the museum directors on their good faith, their efforts,
their willingness to confront problems directly, etc., etc., etc.  They
compared them favorably to the Swiss banks and foreign insurance
companies, etc., etc.  The museum directors accepted the praise
graciously but carefully avoided direct or indirect criticism of their
foreign counterparts.

Members of Congress who either made statements or asked questions
included Leach, Rick Lazio (NY), Carolyn Maloney (NY), Charles Schumer
(NY), Gary Ackerman (NY), John LaFalce (NY), and Joe Kennedy (MA).  If
any of you want more info on actions/statements of these members,
contact me off-list.

All in all, quite a show.

Andy Finch
AAM Government Affairs
NOT AN OFFICIAL COMMUNICATION
Andy Finch
AAM Government Affairs
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202-289-9125
FAX 289-6578

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