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Did the Nazis Force an Art Sale? The Question Lingers 88 Years Later. – The New York Times

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The case of Curt Glaser, an art historian who sold his collection before fleeing Germany, illustrates how differently museums can respond to similar restitution claims.

The Nazi authorities removed Curt Glaser from his post as director of the Berlin State Art Library in April 1933 because he was Jewish. He was also evicted from his home and, the following month, sold most of his art collection at two auctions.

Since 2007, 13 private collectors or institutions — including the Dutch Restitutions Committee, the Prussian Cultural Heritage Foundation in Berlin, the Museum Ludwig in Cologne and the city of Basel — have concluded that Glaser sold his collection in May 1933 as a result of Nazi persecution, and agreed to either return or pay some compensation to his heirs for art he sold that wound up in their collections.

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But the Metropolitan Museum of Art and the Museum of Fine Arts, Boston have repeatedly rejected the heirs’ claims for paintings that were sold at the same auctions. They argue there is not enough evidence that Glaser sold under duress.

The disparity in the decisions highlights how, 76 years after World War II ended, the criteria for determining whether a work of art that changed hands during the Nazi persecution of Jews should be returned still remains a matter of debate.

Both the Met and the Museum of Fine Arts have a record of recognizing claims on art sold under duress. The Met has settled eight claims for art looted by the Nazis or sold under duress since 1998, when the United States endorsed the international Washington Principles, which called for “just and fair” solutions in handling claims for looted art. In 2009, the Terezin Declaration, also approved by the United States, specified that this requirement also applied to sales under duress. The Museum of Fine Arts has previously settled heirs’ claims for 13 objects sold under duress.

But in the cases of two works sold at a May 9, 1933 auction — Abraham Bloemaert’s 1596 painting “Moses Striking the Rock,” which is owned by the Met, and Joachim Anthoniesz Wtewael’s “Actaeon Watching Diana and Her Nymphs Bathing” from 1612, which is owned by the Museum of Fine Arts — the museums have taken a position at odds with other institutions who held Glaser works from that sale.

The Dutch Restitutions Committee, for example, returned a painting to Glaser heirs in 2010, determining that the sale of the work at the May 9 auction “can be considered involuntary.” The committee concluded it was “likely that Glaser was not able to freely dispose of the proceeds from the auctions” but “probably had to use them to fund his escape to the United States.”

Glaser fled Germany two months after the sale. He died in New York in 1943.

The Metropolitan Museum of Art said it had investigated and did not find compelling evidence that Glaser had been forced to sell Abraham Bloemaert’s “Moses Striking the Rock," a painting from 1596 now in its collection.
Metropolitan Museum of Art

The complexities in evaluating art sales more than 80 years after the fact mean diverging views can emerge. “It can be very difficult to determine whether a sale was under duress or not,” says Friederike von Brühl, a Berlin-based lawyer specialized in art law. “In practice, we are looking at numerous criteria: Was the purchase price adequate? Was the seller free in spending the proceeds? When exactly was the sale?”

For Agnes Peresztegi, a lawyer and the former president of the New York-based Commission for Art Recovery, the situation highlights the limited state support for claimants in the U.S. “In Europe, it is often the culture ministry or a commission that makes the decision,” she said. “In the U.S., it’s all private. The current possessor is the decision maker. Museums are free to reject or fight claims and there is no one to tell them this is wrong. For many claimants, lawsuits are prohibitively expensive, especially for lower value works.”

The Met takes the view that Glaser didn’t sell under duress. “After years of careful research and consideration, the Museum continues to stand by its assertion that ‘Moses Striking the Rock’ was not unlawfully appropriated, and belongs at the Met,” a spokesman for the museum wrote in an email.

The MFA said in an emailed statement that “there is no disputing that Curt Glaser lost his position at the Kunstbibliothek and the residence that went with it due to racial persecution.” However, it argued that his decision to sell the art may also have been influenced by his personal life. Glaser’s first wife, with whom he had built the collection, had died in 1932.

The museum added “there is nothing to indicate that Glaser did not receive or could not have accessed the proceeds from the auctions, nor that he was under financial duress.” The price paid for the Wtewael was “fair and consistent with those for other Dutch Mannerist paintings,” it said.

In an earlier claim, the United Kingdom’s Spoliation Advisory Panel ruled against restituting eight drawings to the heirs in 2009. It said Glaser’s decision to sell the works was informed by a number of factors and the price he got was fair.

Born in Leipzig in 1879, Glaser began his career as an art critic, became a purchaser for the Royal Gallery of Prints in Berlin and was appointed director of the city’s Kunstbibliothek, or art library, in 1924. At regular Monday art salons, he and his wife entertained artists and intellectuals in their apartment in the 1920s. He counted Edvard Munch and Ernst Ludwig Kirchner among his friends.

But when Adolf Hitler’s government passed a law removing Jews and political opponents from the civil service in 1933, Glaser was forced from his post and auctioned most of his art collection, library and furnishings. The first sale, held at the Internationales Kunst- und Auktions-Haus on May 9, 1933, was followed by a second, two-day sale at the Max Perl auction house in Berlin on May 18 and 19. The market was depressed. The curator Otto Fischer, in a report to the Basel Art Commission about his acquisitions at the second auction, said prices were “not exactly rock-bottom” but nevertheless “low.”

Museum of Fine Arts, Boston

In 2020, some 12 years after it had rejected a claim by the Glaser heirs, the city of Basel agreed to pay them an undisclosed sum on the basis of a review of the case. In return, the city’s Kunstmuseum kept works on paper estimated to be worth more than $2 million by artists including Munch, Kirchner, Henri Matisse, Max Beckmann, Auguste Rodin and Marc Chagall.

The city said Glaser “held an exposed position at the time the National Socialists seized power and was the target of the unjust regime.” The persecution he suffered was “the reason why Curt Glaser emigrated and on 18-19 May 1933 auctioned off a considerable portion of his artworks.” But in contrast to the Dutch position, it argued that full restitution “is not an appropriate solution” because “it would be too one-sided.”

Both American museums offered to label the works to acknowledge Glaser’s contribution to art history. In a letter this year to a lawyer for the family, the Met said its label would also recognize that Glaser “lost his position due to the anti-Semitic policies of the newly elected Nazi government.” It added, though, that the label would say the sale of his collection “may be attributed to both the political situation in Germany and to personal factors.”

Glaser’s family reject the suggestion that his wife’s death motivated him to sell. The Met and the MFA “are putting forward a counternarrative and want to argue on a speculative basis about Glaser’s psychology instead of talking about the material facts and historical circumstances for all Jews at that time,” Paul Livant, Glaser’s great-nephew and one of his heirs, said.

David Rowland, the New York lawyer who represents the Glaser heirs, agreed, describing the situation as “restitution roulette” — the chances of success hinge as much on where the art has landed as on the merit of their case, he said.

“How is it that the Dutch, the Swiss and the Germans found that the sales were made under duress, but the Met and MFA did not?” he asked. “A physical confiscation by the Nazis is not necessary for the Washington Principles to apply and for a ‘just and fair’ solution to be warranted.”

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McPherson Library art opening

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The new exhibition explores relationships and togetherness

Photo by Manmitha Deepthi.

Photo by Manmitha Deepthi.

When you walk into the McPherson Library, your first thought would rarely be about the art that’s displayed beneath it. However, tucked in the lower level is the Legacy Maltwood Gallery, a space dedicated to artists and their works.

On Nov. 25 the McPherson Library held an opening reception for Shaping Relations, Tethered Together, a new collection of art housed in the Legacy Maltwood Gallery that explores relationships and togetherness.

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The event celebrated the exhibition by emerging Edmontonian curator Mel Granley. They are Metis on their mom’s side and a fourth generation Ukrainian settler on their dad’s side. The UVic alumni, now works as a guest curator at the Art Gallery of Greater Victoria.

The event began with Granley reading their curatorial statement. They spoke about how relationships hold an important place in every individual’s life. Shaping Relations, Tethered Together aims to explore this by highlighting BIPOC work, experiences, and relationships.

The exhibition was originally curated for the First People’s House in 2019, however it was delayed until early 2020 and then again due to the pandemic. Three years later, Granley was finally able to see their first show open.

A lot of the art in the exhibition is from the Legacies collection which belongs to the university. The collection includes a variety of mediums and is interdisciplinary in nature. The works range from ceramics, a video piece, and charcoal work to prints, posters, and a magazine.

Rain Cabana-Boucher, whose art is included in the exhibition, also spoke at the event. Cabana-Boucher is a Michif and British artist from Saskatoon and a recent recipient of the Takao Tanabe Prize for emerging British Columbian painters.

Cabana-Boucher’s piece French Exit was made in April 2021. The charcoal piece is about losing community spaces during the pandemic. The work was inspired by one of many parties that Cabana-Boucher attended at a friend’s apartment, where a lot of her friends during university met and interacted. These were queer parties where everyone knew each other and created a safe space. In the piece, Cabana-Boucher wanted to convey the longing she felt for those places and the feeling of isolation that queer people and everyone experienced during the beginning of the pandemic.

Granley and Cabana-Boucher also spoke about the relationship between an artist and a curator and the possibility for a power imbalance between them. The curator is an arbitrator of whose art is shown, yet their relationship is mutually beneficial. Maintaining relationships with artists is essential for curators to showcase art to their community. As well, working together to apply for grants and supporting each other has helped both Granley and Cabana-Boucher to grow in their own careers as curator and artist respectively.

Before the reception came to an end, Granley invited the crowd to ask questions. One attendee asked, “When you were looking through the collection, what were you looking for? What was attracting you to different pieces?”

“I was looking for what I can see and perceive as relationships,” Granley responded. “The show is filtered through my bias of what a relationship is.” They explained that with around 20,000 pieces in the Legacy database, finding BIPOC artists to feature in the collection was a challenge. “[They] have a lot of colonial remnants in them so it is difficult to unravel all the layers of the museum,” Granley said. They tried to not only find relationships but celebrate BIPOC relationships in a non-voyeuristic way. As a result, many BIPOC works were included without labels. Granley felt it was important to avoid imposing their voice on the work, since they can’t speak to where the artists are coming from or why they made the work.

Granley also talked about an upcoming exhibition called Symbiosis that they are working on at the Art Gallery of Greater Victoria. The collection is all about mushrooms and will open in late March of 2023.

Cabana-Boucher also has a new show in the works for next year as part of her residency at the Polygon Gallery in North Vancouver. She is also an artist in residence at the Contemporary Art Gallery of Vancouver which is a research-based residency for which she is working on a podcast.

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Forgeries, frauds and Canada’s great fake art debate

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Jon Dellandrea’s new book, The Great Canadian Art Fraud Case: The Group of Seven & Tom Thomson Forgeries, was published this fall.Handout

This is a tale of two shabby containers: one a six-quart basket, the other a broken-down bankers box.

The six-quart basket belonged to Miss Winnifred Trainor of Huntsville, Ont. It held a dozen or so small paintings that were unsigned but had been given to her by her very close friend Tom Thomson.

Review: Buyer beware: Book warns Group of Seven forgeries might resurface

She kept them in the basket inside a steamer trunk on the second-floor of an old home on Minerva Street. She did not have running hot water or a proper heating system, yet she would never part with any of the paintings during her long life, which ended in 1962.

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Whenever she travelled to visit relatives in upstate New York, she would carry the six-quart basket across the street to the house of Miss Addie Sylvester, the town’s night Bell operator. Addie would stash them behind her wood stove.

Fortunately, these national treasures never caught fire.


The bankers box belongs to Jon Dellandrea of Toronto. He has spent a lifetime collecting Canadian art and publishing articles on fakes and forgeries. The box was found at a city art dealer and contained paintings and journals of William Firth MacGregor (no relation), an obscure artist who came to Canada from Scotland and failed to make his intended mark on the Canadian art scene. While his brother Charles became a successful portrait painter, Willie found no success at all as a landscape painter and turned to teaching art in Ottawa and Vancouver until he vanished.

But that is not to suggest that “Willie” MacGregor did not have an impact – at times a major one – on Canadian art.

In 2016, Dellandrea had been offered the contents of the box at a modest price but had turned it down. He couldn’t stop wondering about the contents, however – Who was this person? – and finally his wife, Lyne, sent him back to the dealer to buy the box. “If you don’t,” she told him, “you’re going to drive me crazy.”

He returned with the box and began picking through it. He was particularly taken with multiple miniature paintings by MacGregor that he thought were rather well executed. Some time later, he found himself at Waddington’s, the prestigious Toronto art auction house, where a painting entitled Study for Spring Thaw, signed by Clarence A. Gagnon and dated 1909, was up for sale, the estimated value $700 to $1,000.

“It was like seeing a ghost,” Dellandrea recalls.

He returned home, dug through the MacGregor box and found a miniature almost exactly the same as the larger painting on sale. (“I have a very good visual memory,” he says.) When he took the miniature to the auction house, the “Gagnon” was immediately removed as a fake. “They of course did the right thing,” says Dellandrea. The coincidence led to Dellandrea’s new and excellent book, The Great Canadian Art Fraud Case: The Group of Seven & Tom Thomson Forgeries, published this fall.

Jon Dellandrea is a Canadian author and art historian.Doug Nicholson/Handout

Dellandrea believes the art market is easily open to fraud. “I have long held the view that the art world is a crazy, illogical enterprise that seeks out, creates, and then celebrates a small group of ‘stars’ who are worshipped to the exclusion of artists of equal or greater talent,” he writes in his book. “Individual collectors fall prey to buying art from a name-brand artist, focusing on the signature at the bottom (or top) of the canvas rather than the quality of the art. This collective impulse to worship the stars typically has a distorting effect on the art market around the world, as it does in Canada.”

One such celebrated artist would be J.E.H. MacDonald, Thomson’s friend and a founder of the Group of Seven. At an auction held 60 years ago this month, 15 oil sketches were being offered in his name. Respected Toronto Star art critic Elizabeth Kilbourn challenged the auctioneer, standing up at one point and shouting, “They’re not J.E.H. MacDonald and you know it!”

The art dealer responded by saying that “An auctioneer’s job is to sell what is sent to him” – and the house cannot be expected to guarantee the authenticity of every painting it sells.

Thus began the great fake-art debate in Canada. Writing in Maclean’s in December, 1962, Robert Fulford contended that “… a great many who believe they own distinguished art are actually in possession of nearly worthless junk.”

Much of Dellandrea’s book concerns a dramatic Toronto court case from the early 1960s, when two shady dealers were charged and convicted of selling forgeries of Canada’s most-famous artists. A great many of those forgeries had been painted by Willie MacGregor.

In the winter of 1963, the Toronto Telegram put on an “art authentication night” at a downtown hotel, where 18 of the nearly 80 paintings brought in were declared fake by a panel of experts, including Group of Seven member A.J. Casson (who was himself a consultant in the court case).

Many powerful people were upset to have been duped, but those familiar with the art world were not surprised. As Sara Angel, executive director of the Art Canada Institute, says in a note for Dellandrea’s book, “… for decades scholars, auction houses, galleries and museums have turned a blind eye to felonies in plain sight.” The preliminary inquiry that began in November, 1962, ended on March 4, 1963, with the two shady dealers pleading guilty. They received jail terms of one and two years.

Willie MacGregor, a witness in the case, was critical to the great deception. MacGregor, who split his time between Algonquin Park and an apartment on Toronto’s Church Street, would paint pictures from books supplied by one of the dealers and thought he was just doing cheap copies that would be sold as such. He signed none of them, yet, when forged, signatures would appear. The dealers had even created two facsimiles of “TT” stamps that Thomson’s friends had created for his many unsigned works.

“There are more Tom Thomson paintings out there than he could possibly have painted in his lifetime,” says Dellandrea.

Before Casson’s death in 1992, he was interviewed extensively by artist Alan Collier; the interviews filled an entire box of tapes that Casson’s daughter, Margaret Hall, kept and gave to Dellandrea.

“We could have found another 500,” Casson believed, adding that he thought that “Willie knew what was going on, but he was smart enough that he never signed anything.”

Dellandrea disagrees. “I don’t think he knew, for a couple of reasons,” he says. “He was certainly not party to a conspiracy. He was never charged.” MacGregor would get a few dollars for his paintings, unaware that they might be sold for upward of $1,000 – big money for an artist in the early 1960s. The judge decided he was an “innocent victim.”

“He was penniless,” says Dellandrea. Willie MacGregor was later taken in by a family and lived on Toronto Island, in obscurity. He died in 1979 and is buried in Toronto’s Mount Pleasant Cemetery.

“Virtually no one has any recollection of the scandal,” says Dellandrea. He believes such fraud still goes on: “It’s everywhere. Absolutely everywhere.”

To wit: Dellandrea found an A.Y. Jackson canvas on sale earlier this year for $40,000. He went to examine it and subsequently informed the dealer that he was “100 per cent certain it was a fake.”

“They would not listen to me,” Dellandrea says.

Dellandrea maintains that the large, well-known auction houses are “absolutely fastidious about providence and authenticity.” His advice: Stay away from the smaller houses that deal only partly in art – “and never, ever buy off eBay.”


What, then, of that six-quart basket of Tom Thomson sketches?

They were not signed but were given, in person, to Winnie Trainor, who would never part with them and would eventually leave them to a nephew in the United States.

Dellandrea says there is a genuine Tom Thomson coming up in an early December auction at Cowley Abbott Fine Art in Toronto. He has no doubt it is a legitimate Thomson. The house catalogue estimates it will go for between $1.2- and $1.5-million.

Today, that six-quart basket would be worth around $18-million.

To a woman with no running hot water.

And only a creaky space heater to carry her through the winter.

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Paired exhibitions showcasing Sask. art history at MacKenzie Art Gallery

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A set of connected exhibitions opening at the MacKenzie Art Gallery are offering a window into a “critical moment” of Saskatchewan art history in the 1950s.

The two shows, titled Anthony Thorn: A Portrait, 1927–2014 and Ten Artists of Saskatchewan: 1955 Revisited, have been curated in tandem by head curator Timothy Long and open at the gallery on Thursday.

Long began conceptualizing the retrospective on Thorn first, after receiving a large number of works from the private collection of art dealer Tony Colella, including art and essays from Thorn’s later years.

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“It’s one of those opportunities we have to look back and observe a lifetime of achievement, from very early days to a painting that was sitting on his easel at the time when he died,” Long said.

Thorn is a nationally renowned abstractionist whose career began in Regina, where he was born, before continuing in B.C. as he forged a path through the evolution of Canadian contemporary art.

“He was an artist who was attached to his studio, attached to representational practices, at a time when abstraction was in its ascendancy,” Long said.

“His independence of thought really went against the grain.”

Conceptualizing Thorn’s ties to his home province led Long to thinking about the show that introduced Thorn to Saskatchewan audiences as an emerging artist: an exhibition in 1955 titled Ten Artists of Saskatchewan.

The show debuted just two years after the MAG opened, as the first public art gallery in Saskatchewan, including Thorn and other artists who would go on to similar successful prominence like Dorothy Knowles and members of the Regina Five Ken Lochhead, Arthur McKay and Douglas Morton.

Long has revived this past show, re-collecting works as close to those featured in the original show as possible, to “recreate the feel of that exhibition” in Ten Artists of Saskatchewan: 1955 Revisited.

“I’m always thinking about how to tell the story of art in this province,” Long said, about the idea.

The collection partners with the exploration on Thorn’s career, tethered by a painting titled “Moses Diptych,” which was included in the original 1955 Ten Artists show.

“Moses” is from a period when Thorn worked under Mexican muralist David Alfaro Siqueiros, before it became part of a travelling art show program in Regina the 1960s. Long had it restored specifically for the exhibition.

“It’s like a time capsule of art in Mexico City in 1955. The image of Moses — he looks like Che Guevara holding the Ten Commandments in one hand, but that hand is a fist that’s punching into the future. It’s an incredible painting.”

The MAG is approaching 70 years since opening doors, and Long said these shows are an “opportune time” to consider how contemporary art in Saskatchewan has evolved.

Historically, the ’50s were something of a precursor era, as many artists from this time are better known for works from the ’60s and ’70s, the later years of their careers.

It’s a decade that “hasn’t received a lot of attention, in terms of our history,” but Long feels offers insight into how these artists existed and grew together, as a group.

“Saskatchewan artists weren’t breaking new ground, at that point, but this was an important foundation for what they would explore in future years,” he said.

“Artists don’t work in isolation; they look at what each other and others are doing in their community, and so you get a sense of the shared effort to become modern, in terms of art in the province.”

In tying together the shows, the hope is audiences will get a sense of the province’s history, through the lens of Thorn, who revelled in the craft and had a penchant for retrospection.

“He really was an artist who followed his own internal vision, and spent more time looking back than forward,” Long said. “As we’re looking back at history, we’re looking at an artist who himself is always looking back, seeing what can be recovered, what can be brought forward from a very long history of art.”

The shows will be accompanied by a free talk on Thorn’s life and career with art historian and curator Ihor Holubizky on Saturday afternoon.

lkurz@postmedia.com

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