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August 18, 1998

CONTENTS:

- Copernicus sun-theory book stolen (Daily Telegraph)
- Re: Copernicus sun-theory book stolen
- Re: Copernicus sun-theory book stolen
- Auction Law and Practice - Seminar in London Sept 10 1998
- Museum damaged Parthenon sculptures (Miami Herald)
- NZ police recover stolen Tissot painting
- U.S. will try to catalog art treasures stolen by the Nazis
- Degas settlement lands in uncharted territory
- Library Flooding damages more than 50,000 library documents
- [Fire Safe Heritage]: Star Spangled Banner



Copernicus sun-theory book stolen (Daily Telegraph)

A RARE book by the Polish astronomer Nicolaus Copernicus published in 1543 has been stolen from a library in Ukraine. Alexei Onishenko, director of the National Vernadsky Library in Kiev, said there were only eight or 10 known copies of On the Revolutions of the Heavenly Spheres. Copernicus defied Christian doctrine in the book by proposing that the sun, rather than the earth, was the centre of the universe. Mr Onishenko said: "A reader took the book out to read on Wednesday, said he was going out for a smoke and just disappeared with it."

From: Owen Gingerich ginger@cfa.harvard.edu
To: securma@xs4all.nl
Subject:

Re: Copernicus sun-theory book stolen (Daily Telegraph)

> Copernicus sun-theory book stolen (Daily Telegraph)
> A RARE book by the Polish astronomer Nicolaus Copernicus published
> in 1543 has been stolen from a library in Ukraine.
This is a very tempting title to steal because copies go for at least $200,000 these days. It is also a very dangerous title to steal because I have detailed descriptions of 260 copies of the first edition and 300 copies of the second. Two copies of the second edition that have recently come on the market turned out to be stolen (from Brno, Czech Republic, and St. Petersburg, Russia) and are in the process of being returned. OWEN GINGERICH

From: Owen Gingerich ginger@cfa.harvard.edu
To: securma@xs4all.nl
Subject:

Re: Copernicus sun-theory book stolen (Daily Telegraph)

Attn Tom Cremers: you may distribute this to your security net along with my previous message. OG

For several decades I have been working on an annotated census of the 16th-century copies of Nicolaus Copernicus' De revolutionibus (1543 and 1566), so that knowledgeable dealers generally consult with me if a copy is offered to them. A year ago a dealer sent me for inspection a nice copy of the second edition. There was an erased library stamp on the title page, and one word of the Latin inscription blacked out with a magic marker. With my ultraviolet lamp I easily read the stamp as Brno, but I realized in retrospect that I could also easily have identified the book with a few Latin words from the inscription and a computer search of my data base. It took only 36 hours working with the e-mail to establish that the book had been returned by the Brno University Library (where it had been kept during the Communist regime and where I had seen it originally) to the local Augustinian Monastery (where Gregor Mendel had once been Abbot) and to establish that the book has not been deaccessioned or sold by the monastery. More recently I was advised of another second edition being offered in Germany, and a few key words of annotation sufficed to show that it was a copy from the Pulkovo Observatory Library in St. Petersburg. The Pulkovo Observatory Library suffered a disastrous arson fire something over a year ago, and apparently someone thought that the inventory of the library was now so incomplete that a missing book would be presumed lost in the fire. The copy is now in the hands of the international police awaiting further investigation. At least two other copies of the first edition, besides the one just reported from Kiev, are missing and have not turned up on the rare book market. By the way, I am keen to learn of locations of this book that might have been overlooked in the census. OWEN GINGERICH



From: Antony F Anderson antonya@ANTONYA.ACE.CO.UK
Subject:

Auction Law and Practice - Seminar in London Sept 10 1998

Art & Law: 'AUCTION LAW AND PRACTICE' -
Half day Seminar on Auction Law and Practice at Incorporated Society of Valuers and Auctioneers in LONDON September 10 1998 at 2.00 P.M. See Institute of Art and Law Website STOP PRESS at:
http://www.pipemedia.net/ial
The auction house is the setting for a great many sales of art and antiquities. And yet, how many of us can say that we fully understand the law which applies to such sales? In this seminar a number of experts will seek to unravel some of the complexities of the law relating to auctions.- Outline of the Law relating to Auctions- The Impact of th e European Union on Auction Houses - Auction Houses' Standard Conditions of Business and the Unfair Contract Terms Legislation - Good Faith and the Auction House -Legal Scenarios and Discussion.
CONTACT:
Institute of Art and Law
BANK CHAMBERS
121 LONDON ROAD
LEICESTER
UK LE2 0QT
ial@pipemedia.co.uk
Tel/Fax: +44 (0)116 255 5146/1782
IAL Web Page
http://www.pipemedia.net/ial
Antony Anderson
antonya@antonya.ace.co.uk
antony.anderson@onyxnet.co.uk


Museum damaged Parthenon sculptures (Miami Herald)

By T.R. REID; Washington Post Service

LONDON -- In all the sordid annals of imperialistic plunder, there probably has never been a snatch so brazen or a prize so precious as the glorious collection of statuary that was ripped from the walls of the Parthenon, the masterwork of Greek antiquity and the cornerstone of classical art. The majestic marbles, so supple and lifelike that the very stone seems to breathe, were taken from the Athenian temple in 1801 by a rich British traveler and diplomat, Lord Elgin (pronounce it, please, with a hard ``g'') and hauled to London, where they still reside in a massive gallery at the British Museum. Britain has brushed aside repeated appeals for their return, arguing that the curators in London are best equipped to protect these priceless treasures of human creativity. But secret documents that have just become public show that the British actually caused ``substantial and irreparable damage'' to the Parthenon sculptures in the 1930s. And then Britain's fine-arts establishment launched a coverup operation, both literally and figuratively, hiding the evidence and filling in the priceless marble carvings with colored wax. The furor over this famous museum display has prompted new questions about other museums around the world -- including the Smithsonian in Washington -- that feature art treasures lifted from their native lands.

`History has been lost'

When historian William St. Clair revealed the damage and the coverup last month in a new edition of his standard work, Lord Elgin and the Marbles, the Greek government dispatched George Papandreou, son of the late prime minister Andreas Papandreou, to examine the sculptures personally. ``History has been lost,'' the envoy declared as he left the museum here. ``We would like these statues back.'' The British press has responded with characteristic jingoism. ``Woe, woe, woe, sings the chorus,'' the Daily Telegraph said in a mocking editorial. ``But it makes no difference to the British Museum's right of possession.'' Britain's disputed right of possession to the work of Phidias, Periclean Athens' greatest sculptor, dates to the war-scarred years at the end of the 18th Century. The Ottoman Empire controlled most of Eastern Europe, including Greece, but the Ottoman Turks feared an ambitious French soldier named Napoleon. Turkey was eager to curry friendship with Napoleon's strongest enemy, Britain. And thus, when the seventh Earl of Elgin, a Scottish lord who served as envoy to the Ottoman ruler, showed up in Athens with cutting tools and ox carts in 1801, the Turks looked the other way as he hauled off huge sections of the marble friezes and statues that graced the Parthenon, the perfectly proportioned temple that Pericles built on the Acropolis around 440 B.C.

Most famous exhibit

The Elgin Marbles were put on display here in 1816 and have been the most famous exhibit in the British Museum ever since. The ancient carvings convey a vast range of action and emotion with the clarity of photographs. The head of the horse that pulls the chariot of the moon goddess Selene, for example, perfectly depicts the flared nostrils, the bulging eyes and the gaping mouth of an exhausted animal gasping for breath. It is, art critic Boris Johnson says, ``the ur-horse, the archetype in Western art.'' In 1936, a rich benefactor of the museum, Lord Duveen of Millbank, offered to pay for a new gallery to house the statues and friezes. Duveen mistakenly thought that the Parthenon marble had once been pure white, so he hired industrial cleaners to scrape and sand the 2,500-year-old sculptures in a futile effort to remove their honey-brown tint.

Serious mistake made

By the time this work was stopped, in 1939, it was clear to curators that a serious mistake had been made. A study committee concluded that ``the damage cannot be exaggerated.'' But it also decided that ``a public statement need not be made.'' Instead, historian St. Clair said, the museum coated some of the scraped marbles with a brownish wax to approximate their historic patina. The British Museum has responded to St. Clair's new book with a statement saying he exaggerated the damage. In any case, it says, ``most of the patina . . . was already lost'' before the 1930s ``over-cleaning.'' The museum, for its part, has been taking steps to deal with international demands for return of the Parthenon marbles. The gallery once called Elgin Hall has been renamed ``The Sculptures of the Parthenon.'' Late last month, two impressive new galleries were opened using scale models, videos and computer graphics to describe the work of Phidias and his magnum opus, the Parthenon. The Greek government, in the midst of a 25-year effort to restore the Parthenon, has used the British Museum's embarrassment to step up its demand for the return of the sculptures. Because of air pollution in Athens, the Greeks do not plan to put the marbles back on the open-air temple. ``We will put them in a museum at the foot of the Acropolis,'' said Nicos Papadakis, of the Greek Embassy here. ``And that is vastly different from having them in some city museum 3,000 miles away.''


NZ police recover stolen Tissot painting

01:56 a.m. Aug 17, 1998 Eastern

AUCKLAND, Aug 17 (Reuters) - A NZ$2 million (US$1 million) painting stolen at gunpoint from an Auckland gallery eight days ago has been recovered, police said on Monday. The painting, ``Still on Top'' (1874) by James Tissot, was stolen by a gunman who burst into the central Auckland Art Gallery, cutting the picture from its frame. Police said the painting had been damaged and that a man had been arrested and charged with aggravated robbery. It had been recovered from under a bed in a farm cottage near Port Waikato, south of Auckland. Gallery director Chris Saines said he was pleased to have the painting back but was ``shocked'' at its condition. ``Stolen paintings can go to ground for decades and, while I was always confident that the police were going to do everything possible to recover the Tissot, we have all been surprised by the speed and efficiency of the recovery,'' he said. James Tissot was a 19th century French painter and etcher, famous for a series of watercolours illustrating the Bible.
Copyright 1998 Reuters Limited.



U.S. will try to catalog art treasures stolen by the Nazis

The U.S. government's next step in its drive to restore to Holocaust survivors or their families assets looted by the Nazis will be to host an international conference on art in late November in Washington. Paintings, jewelry, rare books and manuscripts, as well as non-bank assets like insurance policies, bonds and shares will be discussed. Last week, Swiss banks' agreed to pay $1.25 billion to Holocaust survivors to compensate them for the wartime assets of their lost relatives. Undersecretary of State Stuart Eizenstat said last week that the conference would look at guidelines already developed by U.S. museum directors to check on the provenance of art works, identify looted art and to compensate owners or heirs. The issue of stolen artworks was brought to the fore last January when two paintings by Austrian artist Egon Schiele, on loan to the New York Museum of Modern Art, were impounded in Manhattan after local descendants of Jewish Holocaust victims claimed the works were stolen from their relatives during World War II. France is believed to have up to 2,000 paintings of doubtful origin in its museums and is to set up a new commission of inquiry. Russia provides a bigger headache. Soviet troops took copious amounts of art from Germany at the end of the war. But despite government promises of cooperation, it still holds that all art taken from Germany is legitimate booty.
1998 Philadelphia Newspapers Inc.



Degas settlement lands in uncharted territory

BY KEVIN M. WILLIAMS STAFF REPORTER

The compromise that ended the legal wrangling over ownership of a Degas pastel stolen from a Jewish family by the Nazis was simple and elegant. But will it be precedent-setting? ``Both sides spent a ton of money,'' said Nick Goodman, one of the plaintiffs in the lawsuit. ``It was a terrible waste, in a way,'' Goodman continued. ``We're hoping this could be a landmark case that would show other families one way to do it, so that they don't have to go through what we did.'' In the agreement announced Thursday, Nick and Simon Goodman along with their aunt, Lili Gutmann, settled the dispute with Chicago businessman Daniel Searle. At issue was the undisputed rights to ``Landscape With Smokestacks,'' an 1890 pastel monotype by Edgar Degas. Third-party evaluators will appraise the painting, and the average of their numbers will be figured as the work's actual value. The Art Institute of Chicago will purchase the Goodman family's share for half of that amount. Searle will donate his share to the museum, of which he is a trustee. The bottom line is both sides avoid a protracted legal battle that would have far outstripped the cost of the painting. The Goodmans get cash, probably in the neighborhood of $450,000 to $500,000. Searle gets a tax writeoff. And the Art Institute, which advised Searle in the initial purchase of the Degas, makes a coveted addition to its already extensive Degas holdings for half-price. Goodman vs. Searle is one of the first cases involving allegedly stolen Nazi art to be settled, but whether it has implications beyond the parties involved remains to be seen. ``I'm certainly hoping that it does,'' said Thomas Kline, one of the Goodman family's attorneys. ``I represent a number of other art theft victims, and there has to be a certain level of goodwill in working these things out.'' ``I can't see how this is some sort of pattern,'' said Howard Trienens, an attorney for Searle. ``It's just another way of doing it. The parties could also have agreed to send it out to auction, and split the proceeds.'' Unlike jury settlement cases where damage amounts can be awarded and compromise judgments can be reached, ownership of a painting is cut-and-dried. One side gets it, the other side doesn't. And in Goodman vs. Searle, the issues were clouded by intentions and claims of diligence. When the suit was filed in July, 1996, the Goodmans claimed that ``Landscape'' had been stolen from a Paris warehouse, where it had been sent for safekeeping by their ancestors, Friedrich and Louise Gutmann, who later perished in concentration camps. Searle contended that the Degas, purchased in 1987 for $850,000 from New York art dealer Margo Schab, was always in plain view. The work had been exhibited and published in a number of catalogs. Had the Goodmans' five-decade search been sufficiently thorough, ``Landscape'' could easily have been found, Searle argued. Searle also claimed that ``Landscape'' was sent to Paris not for safekeeping, but for sale by a family that needed money. Searle's claim makes the resolution of this case particularly ironic, with heirs of the Gutmanns completing the circle of intent by selling their share of the work to the Art Institute. The sale proceeds, to be split three ways among the plaintiffs after legal costs are settled, won't be enormous by any means. ``The appraisers will probably come to a value of about $850,000,'' said R. Stanley Johnson, a Chicago gallery owner. ``Searle bought it at a time when values were very high in the art market. At that price, he probably overpaid for it. Its current value is probably what it would have been anyway, after all of the market fluctuations.'' Ultimately, it is safe to say that when viewers see the work, which goes on display Oct. 9, few will have any idea of the effort and expense that went into the attribution plate that will read: ``Purchase from the collection of Friedrich and Louise Gutmann and a gift of Daniel C. Searle.''



Library Flooding damages more than 50,000 library documents

By ERICA NOONAN; Associated Press Writer

BOSTON (AP) - Worried Boston Public Library officials didn't have to finish calculating the damage done by this weekend's flood to know the cleanup would be a long and difficult one. Early Sunday morning, a ruptured water main sent tens of thousands of gallons gushing into the basement of the Boylston Street institution, damaging or destroying more than 50,000 documents from the collection of the nation's oldest public library, officials said. The water surged into the library's oldest section, known as the McKim Building, after an underground 42-inch-wide iron water pipe burst shortly after midnight. Custodians tried to stem the rising tide with mops and vacuums. But the library's basement quickly became submerged, with as much as 4 feet of water flooding some areas of the marble-tiled subterranean hallways. Water also spilled into the library's main building, leaving about 4 inches of water in basement areas there. "This is very frustrating," said Boston Mayor Thomas M. Menino, who surveyed the damage Sunday. "This is the gem of our library system and the best public research library in the country." Because water had completely flooded some stairwells, library officials were not able to get close enough to gauge the full extent of the damage late Sunday. They said casualties could include government documents, topographic maps, patent indexes, periodicals, furniture, microfiche machines and other computer equipment. Most of the documents believed affected were neither priceless nor irreplaceable, officials said. But the destruction dealt a blow to the 6 million-volume institution that houses New England's most complete public collection of government documents. Library supervisor Katherine Dibble said she was concerned about a sound archive room containing more than 200,000 recordings, many of which were one-of-a-kind LP records. "I'm also worried about mold and fungus from the dampness," she said. "The water can damage books even if they don't get wet." Dibble said the library's most precious possessions - including 3,300 volumes that belonged to John Adams, a solid gold medal that belonged to George Washington and a page from a 548-year-old Guttenberg Bible - were unharmed on upper floors of the building. The 150-year-old library, which did not have scheduled hours on Sunday, was expected to be shut at least through today. Financial damage estimates were still incomplete on Sunday. The flooding also closed surrounding streets and halted inbound MBTA service at Copley Square. Public works officials were investigating the cause of the water main break. The pipe - which dates back to 1895 - had undergone restoration 10 years ago, said Janet Mainiero, a spokeswoman for the Boston Water and Sewer Commission. Mainiero estimated it would take several days to fix the pipe, but said water service would not be seriously affected. She also said area residents may notice discoloration of their water from rust, but that the water is safe for drinking. AP-ES-08-16-98 2101EDT



From: Jack Watts firesafe@middlebury.net
Subject:

[Fire Safe Heritage]: Star Spangled Banner

The following is a brief summary of an article to be published in an SFPE periodical this fall. It is by Michael J. Rzeznik, P.E., a fire protection engineer with Gage- Babcock & Associates, Inc. Later this year, our nation's most famous flag, a 185-year- old, 34-by-30-foot, 150-pound icon, will be taken down from its two-story alcove in the National Museum of American History for its first thorough cleaning and refurbishing in 34 years. The Star Spangled Banner will be rolled up and taken to a specially installed laboratory. By next year, the public will be able to watch the delicate cleaning and mending. Specialists will lie on a small movable gantry bridge to do the work. The lab will incorporate a wide array of mechanical, electrical, security and fire protection features. Fire detection be accomplished through use of aspirating system. This system will use three thresholds to sound a pre-discharge alarm: shut down local air-handling units, release door hold open appliances and close smoke dampers. Cross zoned standard smoke detectors will complete the automatic sequence and discharge the agent, unless the sequence is interrupted by depressing an abort switch or overriding an alarm at the releasing panel. A halocarbon suppression system was designed for the space. Existing automatic sprinklers will be renovated and used as a backup system. The Star Spangled Banner is to be rehung, probably in 2001, in what may be the largest museum showcase in the world. It will be climate controlled, will have special lighting, and parts of these fire protection systems will be reused to protect the flag in its new case.




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