Norton Simon "Adam and Eve" Head Back to the Courtroom

Lucas Cranach the Elder, Adam and Eve, about 1530. Norton Simon Museum

A new lawsuit seeks return of Lucas Cranach the Elder's Adam and Eve diptych from the Norton Simon Museum. Though the Ninth U.S. Circuit Court ruled in the museum's favor in 2018, new California and Federal laws are more favorable to claimants of Holocaust-era loot.

Both sides in the new suit agree that Hermann Göeing seized Adam and Eve from Jewish dealer Jacques Goudstikker's holdings. Beyond that, the story is complicated, involving a rival claim for restitution (likely fraudulent) and the fact that the Goudstikker heirs did not accept an earlier restitution deal from the Dutch government. 

The new suit is being brought by the Jewish Federation-Council of Greater Los Angeles, which acquired the right to sue from Goudstikker heir Marei von Saher. The NSM insists that its title is valid and that "we will continue to make these important artworks accessible to the public."

Comments

Anonymous said…
The tide has turned since 2018. It is very unlikely that The NSM will keep the Cranachs. I consider myself lucky to have seen them during an exhaustive restoration at the Getty. As with all Adam and Eve paintings, I always point out the figure's navels. If they have navels, then they must've had been born with umbilical cords. Therfore, they can not be the first humans.
Point taken. But that assumes this German Renaissance artist would have had the anatomical insight or interest to have realized such an orthodox variation.
Anonymous said…
I didn’t realize that the previous claim was considered fraudulent - is that a reference to the Russian Reoluvtion? My understanding was that the owner previous to Goudstikker claimed (rightly) that the paintings had been looted during the Russian Revolution and were stolen property when Goudstikker acquired them. US courts have chosen to recognize some looting claims and ignore others (the Russian Revolution being one that is not recognized), but I assumed, with so many competing claims of looting, that the courts had chosen to let this one be.

It’s always struck me as odd how these things shake out - Napoleon’s loot has largely stayed in France but other looted works, even from hundreds of years ago, have been returned. There’s a lovely display of turned ivory in Florence proudly claimed as the spoils of war, for example. I’m all for restituting art looted during the holocaust, but it does strike me that as odd that we seem to have drawn a line at 1933 for some reason. Probably something to reconsider. And in the particular case of the Cranachs at the Norton Simon museum, things are so muddled in this particular case that the best solution seems to be to keep them on public display instead of putting them in a billionaire’s Swiss vault.
My limited knowledge of pan-European campaigns for restitution of art heritage from post-Napoleonic Wars France is that France retained many paintings because their countries of origin couldn't bother to take them back. Many monumental spoliated altarpieces were retained by France, some because their return was too costly, or because of condition issues.
I may be misinformed.
Assuming, arguendo, that my historical take is a given, then these aggrieved states would have ceded their restitution claims prospectively. Book closed.
Anonymous said…
If the critical legal question now becomes "who originally owned the piece?" The answer is not Goudstikker. To be sure, the Nazi's stole the paintings from him. But Goudstikker in turn stole the paintings from the Stroganoffs.

Goudstikker bought the paintings at an auction of art works confiscated by the Soviet government. If changes in federal law no longer allow the use of the Act of State defense to circumvent property claims, then with this painting one declares an open season on "originality." Likewise, the Norton Simon should argue in court that the Jewish Federation itself is making a claim on behalf of a thief. What better subjects to end up in "limbo" than the progenitors of "original sin," Adam and Eve?

... In my opinion, all of the legal wrangling diminishes the true value of the work. You never look at it the same way. Moreover, the work never ends up where it belongs. Felt the same way about Klimt's Portrait of Adele. Adele (herself) wanted it to end up at the Galerie Belvedere. But it too became the subject of a restitution claim which darkened its destiny, ending up finally in the greedy and tacky hands of the Lauders.

--- J. Garcin
Anonymous said…
The original terms of the settlement that ended the Napoleonic Wars called for France to keep the works Napoleon had looted. At first, there was a consensus among the other European powers that taking the works back would destabilize the new government.

That consensus changed after Napoleon escaped exile and was finally defeated at Waterloo. Everyone came a-knocking.

But Denon (the first Director of the Louvre) tried to keep the stuff anyway. There are stories that he refused to come to the door. Seems in character, but what is more in character is that he (Denon) was an aesthete who could make convincing arguments about art. For example, he convinced the Italians that Veronese's Wedding Feast, a very large painting, was too fragile to move again. For their part, the Italians did not think the "primitive" paintings that Napoleon looted were important enough to take back. Of course, Denon had no interest in educating them.

To be clear, what happened here was not restitution in the contemporary sense. The restitution was not a legal matter. The various European powers showed up at the Louvre to reclaim what was theirs. If they showed up with military support, the claims were difficult to refuse. The Italians sent the sculptor Antonio Canova to negotiate. He brought no military support. Eventually, he got some assistance from British and Prussian solders who forced open the doors of the Louvre.

--- J. Garcin
Re "Adele (herself) wanted it to end up at the Galerie Belvedere.":
That is not germane..she never held title.
Re "What better subjects to end up in "limbo" than the progenitors of "original sin," Adam and Eve?":
That's clever.
Re "But it too became the subject of a restitution claim which darkened its destiny, ending up finally in the greedy and tacky hands of the Lauders.":
...and now into the loving arms of the Met.
The afterlives of fine art, to my mind, can cloud but not diminish their innate beauty.
Anonymous said…
She did not pay for the painting
But the painting would not exist without her.
Had she survived her illness, perhaps her husband and relatives would have respected her wishes.

--- J. Garcin
Re "She did not pay for the painting
But the painting would not exist without her.":
Therein lies the distinction between philosophy and law.
Anonymous said…
Forgot to add... Unfortunately, under the terms of the Lauder gift, the Met cannot permanently remove the Portrait of Adele from the tacky townhouse which the Lauder's repurposed as a museum. The awful Ronald Lauder (the guy who encouraged Trump's imperial ambitions towards Greenland ) made sure of that. Adele's sad fate is sealed.

--- J. Garcin
Anonymous said…
Okay, this blog entry is about the Simon, but it is mentioned by the reviewer:

Michael Kimmelman, New York Times:
Design-wise, the museum’s galleries seem an afterthought, its circulation, a puzzle. But this is one you won’t want to miss. Both surgically somber and proudly over the top, the Lucas is a weird kind of wonderful and an instant city landmark.

By destiny I didn’t just mean that Lucas is synonymous with Hollywood. I mean that Los Angeles is also home to the Getty, the Huntington, the Norton Simon, the Hammer and the Broad. Vanity museums, some of the most memorable on the planet, have been a big part of what makes the city’s cultural landscape so lively, diverse and deep.

A curator told me he has heard people compare the building to a sneaker. I’ve heard Angelenos talk about a mountain suddenly rising in South L.A., and, of course, an Imperial Star Destroyer. It’s as svelte as an F1 car.

But it’s a safe bet that millions of children raised on their phones — who couldn’t care less about the definition of narrative art — will embrace the museum. They’ll whoosh up and down the tubular glass elevators, run under the hanging gardens and across lawns devised by Mia Lehrer’s landscape team at Studio-MLA.' And be wowed by Ma’s architecture. Who knows, some of them may even be inspired to put down those phones and pick up a pencil to draw. [End quote]


The serious art aficionado won't be into the contents of the Lucas, and I've heard some people complain that because it's not the real thing the museum's gallery with projections of the Sistine Chapel, etc, and reproductions of Louvre-type work is a letdown.

However, I also recall the time years ago when the young boy of a family near the entry of the demolished Ahmanson Gallery wailed that he didn't want to visit LACMA.

And with contemporary art, generally always very abstract (or "even my kid can do that"), non-representational or overly stylized in a "hipster" manner, a lot of people who like throwing stones do tend to live in glass houses.
Anonymous said…
Donna, NY Times: I lived 90 miles from LA for years and last visited the city I don't know how many years ago because of awful traffic, poor air quality, and not feeling sure of my safety. What a shame, given the amazing cultural offerings.

Dennis, NY Times: The Lucas museum looks cool, but ultimately it's not that important to Chicago's vibe. Congratulations to L.A. for working towards being more than 500 square miles of traffic.

Kris, Chicago, NY Times: What a hideous eyesore of a vanity project. I am glad this monstrosity didn’t end up on Chicago’s glorious lakefront!

William Boardman, Chicago, NY Times: Spectacularly ugly, thankfully we ran them out of Chicago. It is even uglier than out current football stadium.

LMTy, Virginia, NY Times: A spaceship? Hardly. From the aerial views it would appear a gigantic Hoka sneaker has landed, sole-side up.

David, Canada, NY Times: It might tip the balance of wanting to include LA as part of a drive down the west coast. It would be nice if the author included how accessible it is: is there safe local parking, subway connections? Last time my son visited Oakland, his rented car was smashed and he lost his passport. A mess. Security is my concern when driving, parking in the USA.

Aco, Southwest, NY Times: What a loss for Chicago. The Friends of the Park organization that nixed the plans for this museum in Chicago really did the people of Chicago a disservice. It would have been a great addition and added to our economy and culture (and lakeshore). With Friends like these, who needs enemies.

NB, Virginia, NY Times: San Francisco’s loss. Sometimes the City behaves like a timid small town. The Treasure Island location (not the Presidio) would have been great. LA, which once seemed a soulless sprawl, is now a cultural destination. I’ll put this one on my list.

Harmon Smith, NY Times: Beautiful building, but Lucas’ collection of art is what I’m ready to see. His focus collecting art that was consumed by the masses — comic books, graphic novels, illustrations etc. is novel. Most museums feature only “precious” items, originally designed for an elite class, in their collections.

Mark, Chicago, NY Times: What a choke for Chicago. "Friends of the Parking Lot" effectively saved a pot-holed ridden parking lot. Nothing screams "beautiful access to nature" like hot concrete in July full of leaked car oil…. That being said, I always thought the actual contents of the museum was more appropriate to LA than Chicago.

JDT, Los Angeles, NY Times: Give me weird and out of the box over generic and terrible boxy buildings any day. I'm quite excited to take my Star Wars-loving boys to Lucas Museum. It's worth noting that this fall the space shuttle exhibit will open at the nearby Science Center. And the Geffen Galleries at LACMA are a truly inventive approach to museum-going--while some may find it too unconventional in its approach to gallery space, to me it is absolutely delightful.

just a gardener, Tuttles Grove, NY Times: Upon looking at the image of the museum I wonder how they get the lawn mowers up there to mow and how maintenance people access the site. Maybe they use goats like Al Johnson's Swedish Restaurant in Sister Bay Wi.

Anonymous said…
John, NY Times: Hmm. Sounds like an art museum where the building is the only real art. Vanity museum, indeed.

Kathy Celer, Wisconsin, NY Times: I lived in Chicago when this was proposed and shot down there. All I can say is, thank you, LA, for taking this off our hands.

Pk, Atlanta, NY Times: Wonderful to see more art galleries! Art lifts the soul and gives us momentary respite from troubling times. I applaud the bold, organic architecture. I’m disheartened at all the cynicism in the comments. This space was a parking lot. Now it is an art gallery, free to teens and locals. Maybe its art will inspire people to do more sit on their computer and be negative.

Stephanie Jackson, Philadelphia, NY Times: This looks a heck of a lot more nourishing for the local community than a gated asphalt parking lot. Museums should be about curiosity, wonder, joy and connection, and this looks like it fits the bill. Putting it on Treasure Island would have been absurdly inaccessible.

terry brady, new jersey, NY Times: Seems a nice fit for Los Angeles and extension, personality. The idea that nothing can be out of place in L.A., given its heterogeneous neighborhoods and asphalt-and-concrete automobile artery system, is that passing traffic makes anything stationary look mammoth. The kids in the free pass neighborhood might be paid to bring their skateboards inside and punctuate the stillness and silky-smooth innards of the exhibits.

Sarah, NYC, NY Times: Took me a minute to see a sneaker but now it's all I see

Tom J, Berwyn, IL, NY Times: If his museum had this cool design instead of the ugly lakefront volcano he proposed in Chicago, it might have been built here years ago.

Carol, Atlantic Beach: @Tom J I’m not sure this current look would fit in Chicago. I thought Chicago lost big when rejecting the museum but when I look at this it’s probably better in LA.

Jimmy Steel, New York, NY Times: If there were ever a reason for someone from New York to plan a trip to Los Angeles, this is it. I would love to visit the Lucas Museum!

Sandy Kaz, SE PA, NY Times: @Jimmy Steel We will be visiting from a Philly suburb. It does to CA what the Whitney did to Manhattan years ago.

Dd, LA, NY Times: …did you see the Batman costume hanging next to a painting of dogs playing poker? Maybe some criticism is warranted

Jack B, NY Times: @Tomato The art maffia is irrelevant outside their insular cocoon. The so called “arbiters of good taste” live a life looking in mirrors without seeing themselves. The artists and art are just seen as a vehicle to invite to their dinner parties until the next ones come along.
Re your "Unfortunately, under the terms of the Lauder gift, the Met cannot permanently remove the Portrait of Adele from the tacky townhouse which the Lauder's repurposed as a museum.":
We disagree on the definition of tacky.
I don't mind if Lauder conditioned the transfer of the works on staying a 5-minute stroll away. The immediate issue is the fact that this building was designed as a home..how will inevitable added crowding be tenable?
Luckily, I suspect that most MMA visitors have little interest in modern Austrian and German art..as they have little interest in some of the museum's other world-class holdings, such as Chinese or Ismamic art, for example. So that's one small mercy. Visitors may just skip the Neue satellite..we can dream.
Who knows..in a century, maybe the Met could absorb the Frick, the Morgan?
Anonymous said…
If one of the Simon's artworks is up for debate (legal or otherwise), another matter would be why LACMA doesn't own this (ie, a lithographed copy)? Or does it?

https://www.artsy.net/artwork/pablo-picasso-60-years-of-graphic-works-lacma-bl-1302-czw-53

I recall Calder doing work for the museum's opening in 1965, but I don't recall Picasso doing a similar thing, apparently a year later