Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Art Stolen by Nazis 'Cannot Be Returned'
Scotsman ^ | Sat 28 May 2005 | KAREN MCVEIGH

Posted on 05/31/2005 12:22:05 AM PDT by nickcarraway

IT WOULD be illegal for the British Museum to return art- works looted by the Nazis to a Jewish family, despite its "moral obligation" to do so, a High Court judge ruled yesterday.

Vice-Chancellor Sir Andrew Morritt ruled that the British Museum Act - which protects the collections for posterity - cannot be overridden by the ethical merit of a claim involving plundered art.

The heirs of the art's original owners, Dr Arthur Feldmann, a Czech lawyer, and his wife Gisela, who died at the hands of the Nazis, said they were "very upset" at the ruling.

They called on the government to introduce legislation that would allow the pieces - four Old Master drawings stolen from the family home in Brno by the Gestapo in 1939 - to be returned to them swiftly.

Lawyers for the British Museum, which had agreed in principle three years ago to the restitution of the drawings to the family, also said they were "disappointed" by the outcome of the test case.

Lord Goldsmith, the Attorney General, had asked for clarification of the law after warning that if a moral obligation to restore such objects could override the act, it might allow Greece to reclaim the Elgin Marbles.

However, the judge said this case would have no implication for other claims.

Anne Webber, the co-chair of the Commission for Looted Art in Europe, which is representing Dr Feldmann's heirs, said the ruling had "prolonged the agony of a family who have already suffered".

She said: "The looting of these drawings was over 60 years ago, the claim was three years ago and the British Museum acted with alacrity. They never expected it would take so long.

"The family are very upset by the outcome but nevertheless they have confidence in the British Museum's commitment to restitution. The government needs to move swiftly."

The museum's trustees had asked the Attorney General if they had permission to return the artworks under the terms of the Snowdon principle - a legal test that permits charities to give back items judged wrong to keep.

Ms Webber said the ruling was significant for all claimants of looted art from the Nazi era, as it set aside any possibility of restitution being achieved without further legislation.

Sir Andrew said in his judgment that neither the Crown nor the Attorney General had any power to dispense with "due observance" of acts of parliament.

A spokesman for the Department of Culture, Media and Sport said: "We welcome clarification in this important area, which will contribute to our consideration of a Spoliation Advisory Panel recommendation that the Secretary of State consider legislation to return the spoliated items.

"The case confirms that legislation is necessary. We will now look urgently at this issue."

Dr Feldmann was tortured and murdered by the Nazis and died in prison.

Mrs Feldmann died at Auschwitz, but their children survived.

The drawings, for which the museum paid a total of nine guineas in 1946 at auction, are now estimated to be worth £150,000.


TOPICS: Business/Economy; Constitution/Conservatism; Crime/Corruption; Culture/Society; Extended News; Foreign Affairs; Germany; Miscellaneous; News/Current Events; United Kingdom
KEYWORDS: art; donutwatch; grandtheft; limeythieves; nazi; spoilsowar
Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-80 next last
To: libertylover
"Change the law regarding stolen Nazi art so that the law is in accordance with the "moral obligation"."

Exactly right, LL, and do not legislate from the courtroom. Yes, the artworks should be returned to the Feldmann family. No, the court should not violate the law as written.

21 posted on 05/31/2005 6:02:16 AM PDT by Savage Beast (The Left IS the Dark Side.)
[ Post Reply | Private Reply | To 12 | View Replies]

To: cyborg
If I found out I had something of value that was stolen, I would give it back.

And if it was your private property, you would be free to do that. But this is public property. The British Museum should not be free to do whatever they want with the items in their possession.

22 posted on 05/31/2005 6:04:59 AM PDT by gridlock (ELIMINATE PERVERSE INCENTIVES)
[ Post Reply | Private Reply | To 18 | View Replies]

To: gridlock

I honestly don't get how you can advocate the museum keeping someone's stolen property. That's amazing.


23 posted on 05/31/2005 6:08:19 AM PDT by cyborg (I am ageless through the power of the Lord God.)
[ Post Reply | Private Reply | To 22 | View Replies]

To: muawiyah

Newsflash the marbles were on the walls of the acropolis, elgin had his henchmen chisel them out.


24 posted on 05/31/2005 6:10:13 AM PDT by longtermmemmory (VOTE!)
[ Post Reply | Private Reply | To 9 | View Replies]

To: cyborg

The argument of museums in general is that if you keep stollen or looted property long enough you get to keep it.

If the original owner dies, then the museum inherits the stollen items.

They do not live by the practice/law of a thief can never pass clear title to personal property.


25 posted on 05/31/2005 6:12:09 AM PDT by longtermmemmory (VOTE!)
[ Post Reply | Private Reply | To 23 | View Replies]

To: longtermmemmory

Wow that's amazing. I didn't know that. I still think they should do the right thing and return it.


26 posted on 05/31/2005 6:14:15 AM PDT by cyborg (I am ageless through the power of the Lord God.)
[ Post Reply | Private Reply | To 25 | View Replies]

To: gridlock

They are not "their" items. They are stollen. If someone obtains/ buys your stollen car, it does not make it mine. It just makes it a YOUR car in possession of someone else. You have the ownership right to YOUR car.


(otherwise bank robbers get to keep the cash.)


27 posted on 05/31/2005 6:16:31 AM PDT by longtermmemmory (VOTE!)
[ Post Reply | Private Reply | To 22 | View Replies]

To: cyborg

If you gave back all the "stolen" property in the British Museum, you would have a lot of empty rooms with mismatched paint rectangles on the walls and velvet ropes around bare spots on the floor. Everything was "stolen" at one point or another, depending on how you look at it.

The British Museum saved certain artworks from oblivion in the chaos of Post-War Europe. This is what they should have done. They were not stealing, they were conserving.


28 posted on 05/31/2005 6:17:43 AM PDT by gridlock (ELIMINATE PERVERSE INCENTIVES)
[ Post Reply | Private Reply | To 23 | View Replies]

To: gridlock

You said: But this is public property. The British Museum should not be free to do whatever they want with the items in their possession.

This art is in the public possession, but it is not public property. If the property was stolen, it can never be validly conveyed to anyone by the thief, or those to whom the thief sold it. I have only been practicing law for 17 years, but I don't think you can convey greater title to property than you have. If I am not mistaken (and I may be, wouldn't be the first time, for sure), stolen property is recovered from pawn shops all the time, and the pawn shops are not paid for it. They have to go after whoever pawned the goods. The British public never had, and doesn't now have, clear title to these works of art, IMHO.


29 posted on 05/31/2005 6:18:33 AM PDT by NCLaw441
[ Post Reply | Private Reply | To 22 | View Replies]

To: cyborg
How long will it be necessary to return property. I assume that the British Museum purchased the art. If Germany would of one the war it surely would not be given back. War has always had it rape and pillage. When are we going to start paying the slaves.
30 posted on 05/31/2005 6:23:17 AM PDT by chas1776
[ Post Reply | Private Reply | To 26 | View Replies]

To: longtermmemmory
If someone obtains/ buys your stollen car, it does not make it mine. It just makes it a YOUR car in possession of somone else. You have the ownership right to YOUR car.

I am pretty sure that if somebody stole my car today, my grandchildren would not be able to sue to get it back in 2065. Statutes will have run, after all.

What we are talking about here is the British Museum wanting to "give back" public property because it would make them feel better to do it. They have no legal obligation to do so, so they should not be able to convert a public asset into a balm to make themselves feel better.

If the Queen wants to write these folks a cheque for $250,000, I am sure she'll never miss the money.

31 posted on 05/31/2005 6:24:58 AM PDT by gridlock (ELIMINATE PERVERSE INCENTIVES)
[ Post Reply | Private Reply | To 27 | View Replies]

To: gridlock

different statute of limitations regardless.


Stollen is stollen. The fact the person bought stollen property only puts them in the same shoes as the thief.

In the case of the Greek Marbles, returning the 90 stones would actually settle title to HUNDREDS of other pieces in the British Museum since as part of the deal the Greeks would relinquish any claims to all of those.


32 posted on 05/31/2005 6:35:46 AM PDT by longtermmemmory (VOTE!)
[ Post Reply | Private Reply | To 31 | View Replies]

To: longtermmemmory
In the case of the Greek Marbles, returning the 90 stones would actually settle title to HUNDREDS of other pieces in the British Museum since as part of the deal the Greeks would relinquish any claims to all of those.

If the Greeks want them, they can come and get them. They may have to fight their way through a couple hundred thousand British troops, however.

If the museums are not allowed to purchase items at post-war garage sales, how will these items ever be conserved? What is the public policy benefit of consigning these items to oblivion?

Besides, I don't know of any Statutes of Limitations on anything besides murder that lasts for 65 years. After a certain amount of time passes (and it varies from jurisdiction to jurisdiction, to be sure) title will revert to the possessor. Obviously, this is the case here. That is why the items cannot be returned under British law.

I would take it a step further and say that the "moral obligation" that these folks are beating there breasts over is poppycock, as well. The British Museum did nothing wrong here, and they don't owe anything to anybody. If these items had not been conserved by the British Museum, they would almost certainly have been lost forever. The person who bought them had the knowledge to recognize them, and did the work necessary to procure them. The British Museum has preserved them for all these years. It is altogether right and proper that they be allowed to keep them.

33 posted on 05/31/2005 6:47:04 AM PDT by gridlock (ELIMINATE PERVERSE INCENTIVES)
[ Post Reply | Private Reply | To 32 | View Replies]

To: muawiyah
This family knows very well that the British Museum is holding its property.

See my tagline.

34 posted on 05/31/2005 6:49:21 AM PDT by A. Pole (Mikhail Gorbachev: "If people don't like Marxism, they should blame the British Museum.")
[ Post Reply | Private Reply | To 9 | View Replies]

To: longtermmemmory
A Venetian General, however, fighting the Turks, had blown them off the walls years before.

For Lord Elgin to chisel them off the walls, he'd have to have put them back up!

Additional "marbles" were found in the area that'd probably been removed in the days when the building was kept as a mosque, a Christian church, or whatever.

35 posted on 05/31/2005 7:14:01 AM PDT by muawiyah (q)
[ Post Reply | Private Reply | To 24 | View Replies]

To: Savage Beast

The Rosetta Stone got broken up anyway.


36 posted on 05/31/2005 7:16:27 AM PDT by muawiyah (q)
[ Post Reply | Private Reply | To 19 | View Replies]

To: gridlock
Our family operated an international export business whereby artistic baskets woven in the form of animals were sent to Europe and retailed through Jewish and Gypsy merchants all over the place.

The Nazis wiped out the business.

No doubt there were bank accounts, but the family lost track of them. I keep my eye on all this stuff.

37 posted on 05/31/2005 7:18:09 AM PDT by muawiyah (q)
[ Post Reply | Private Reply | To 20 | View Replies]

To: nickcarraway

Maybe so many Jews will stop calling for disarming the masses. Maybe they will realize that they should defend themselves and their pproperty in the first place.


38 posted on 05/31/2005 7:21:13 AM PDT by shellshocked (They're undocumented Border Patrol agents, not vigilantes.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: gridlock; longtermmemmory
I am pretty sure that if somebody stole my car today, my grandchildren would not be able to sue to get it back in 2065. Statutes will have run, after all.

The marbles are a dramatically different issue, and your car will likely be junk in 2065. If someone steals the artwork off your wall, in most states the statute of limitations (3-7 years) will kick in when the identity of the then current "owner" is known and you've made a request for it's return, which the new "owner" denied. Your grandchildren will be able to sue, though it's unlikely high profile art will remain under cover that long. Most likely it will leave the US.

39 posted on 05/31/2005 7:22:00 AM PDT by SJackson (I don't think the red-tiled roofs are as sturdy as my asbestos one, Palestinian refugee)
[ Post Reply | Private Reply | To 31 | View Replies]

To: dennisw; Cachelot; Yehuda; Nix 2; veronica; Catspaw; knighthawk; Alouette; Optimist; weikel; ...
If you'd like to be on or off this middle east/political ping list, please FR mail me.
40 posted on 05/31/2005 7:25:00 AM PDT by SJackson (I don't think the red-tiled roofs are as sturdy as my asbestos one, Palestinian refugee)
[ Post Reply | Private Reply | To 39 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-80 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson