Austrian Government Plans to Auction Remnant of Unclaimed Works of Art Stolen by the Nazis, Mostly F

The Austrian government, almost 40 years after the end of World War II, plans to auction what it says is the remnant of unclaimed paintings, sculptures and other works of artistic or cultural value stolen by the Nazis, mainly from Jewish owners.

The proceeds of the auction will be distributed among various organizations of victims and survivors of the Nazi era, though in what proportion has not been said. The Ministry for Cultural Affairs expects the auction to start at the end of this year, but no date has been set.

Much controversy surrounds this development. The Austrian authorities maintain that the most valuable of the works of art looted by the Nazis already have been returned to their former owners or to their rightful heirs. But the authorities have been accused of foot-dragging, general sloppiness and inadequate distribution of lists of art works that remain to be claimed.

Until recently, secrecy surrounded the 3,900 unclaimed works stored by the government in a 17th century former Carthusion monastery in the town of Mauerbach, just outside Vienna. Art experts and others were admitted a few weeks ago to inspect the collection and found it to be mediocre — confirming the general impression gained when the government first published an inventory in 1969.

SOME ARE IN STATE MUSEUMS AND EMBASSIES

The paintings were said to be second and third rate works by minor artists, some wrongly attributed to better known artists. But about 466 works, said to be of much greater value, were removed from Mauerbach some time ago and are now displayed at State museums or hang in various Austrian embassies abroad.

A spokesman for the Ministry of Research and science, which has jurisdiction over Austrian museums, said recently that the works removed from Mauerbach would be included in the auction. But the Minister of Science and Research, Heinz Fischer, said in a later interview that he believed it would be “useful to the community” if those objects remained in the State museums.

The Committee for Jewish Claims on Austria, an affiliate of the Conference on Jewish Material Claims Against Germany in New York, has urged the Austrian government to abstain from auctioning unclaimed or heirless Jewish property and utilize such assets for programs benefitting Jewish victims of Nazi persecution.

VALUE ESTIMATED AT SOME $250,000

An Austrian art journalist has estimated the value of the unclaimed paintings and other objects at about 5 million Schillings ($250,000). The various organizations of surviving Nazi victims have not yet agreed on how the proceeds of the auction will be distributed.

Talks are being held with the Jewish community which wants to use its share primarily for a Jewish home for the aged, virtually all of whose residents are Nazi victims.

No government official has disclosed how many paintings have been returned to their rightful owners. Dr. Albert Schmidt, head of the Finanzlandesdirktion, the internal revenue service, is quoted as saying that only “a very few were given back.”

Claimants had to prove in court that they were the original owners or the owners’ heirs. About 200 hearings were held, but they were given low priority by the courts and the frequent changes of judges dragged out the proceedings. According to some sources, no more than 50 paintings were returned as a result of the hearings; the rest became possessions of the State.

According to Art News magazine, published in the U.S., which carried out a 10-month investigation, one claimant received his property on condition that it revert to the State on his death; another received one very valuable painting back but was given only a one-third interest in a second painting of similar value; one claimant was awarded a half interest in a painting by a 17th century Dutch master confiscated from his family in 1938 and was ordered by the court to pay storage charges.

PROCESS BEGAN FOUR DECADES AGO

The auction, whenever it is held, will culminate a tortuous process that began four decades ago. Immediately after the war, the occupying powers in Austria–U.S., Soviet Union, Britain and France — began the return of art treasures looted by the Nazis from Jews. More than 10,000 paintings, sculptures, carpets, books and other valuables were restored to the original owners or their heirs.

But when the Austrian authorities took over administration of the country in 1955, the process slowed down. In 1969, the Austrian Parliament passed a law that transferred all unclaimed art objects to the State. A deadline was set for 1970–later extended to 1972–for the owners to come forth with proof of their claims.

Andrew Decker, writing in Art News, sharply criticized the Austrian government for limiting the publication and circulation of its inventories. The authorities said the lists of unclaimed items were sent to all Austrian embassies and were published in the press, including Aufbau, the German-language newspaper in New York widely read by refugees from the Nazis.

The idea to auction unclaimed items surfaced in 1980, the 25th anniversary of the Austrian State Treaty. It was supported by the then Chancellor Bruno Kreisky and his Minister for Science and Culture, Hertha Firnberg. But the project was shelved until June, 1984, when a group of organizations, including the Jewish community, the Organization of Former Concentration Camp Inmates, the Socialist Freedom Fighters and others petitioned the Chancellor, the Minister of Finance and the Minister of Science and Research to hold an auction and give them the proceeds.

In mid-July, 1984, Minister of Science and Research Fischer ordered preparations to be made for an auction. This includes a new inventory and estimate of value of the remaining objects. According to the Jewish community, the new lists and estimates will be published before the final sale.