Tag: Norman Rockwell

Was Lassie on Edward Hopper’s mind in 1939, too?

Posted on by Catherine

Illustrations: The short story, Lassie Come-Home by Edward Knight with illustrations by Arthur D. Fuller*, was an instant must-read-and-share when it was first published in the popular magazine, The Saturday Evening Post on December 17, 1938. Edward Hopper painted Cape Cod, Evening in 1939. *The illustratorโ€™s signature is tough to read without the credit beneath the byline. (Scroll down to see and read the story pages or to print a PDF. It’s a great read!)

You may know the memorable and unbreakable bond of the boy and his dog which Lassie Come-Home describes, and the small and epic journeys.

The short story, Lassie Come-Home by Edward Knight with illustrations by Arthur D. Fuller, was an instant must-read-and-share when it was first published in the popular magazine, The Saturday Evening Post on December 17, 1938.

Edward Hopper painted Cape Cod, Evening in 1939.

The short story is set in England and opens with a small family of three in recurring and searing pain: Two parents who have fallen on hard times and are under great emotional strain struggle to comfort their only child because they sold the family dog. Their beautiful collie, “Lassie”, is so devoted to their son, the dog runs away from the new owner straight back to the boy over and over again. Under the circumstances, any and every solution is untenable. His parents’ misplaced anger, adult exchanges, and silence confuse the boy. Their anguish and love is palpable.

Out of desperation, Lassie is removed to Scotland which they believe will be an insurmountable distance to cover.

It’s not. And no wonder a legend is born!

The first Lassie novel was published in 1940. Swift adaptations followed. It’s easy to see how the story resonated with American audiences during the Great Depression, even perhaps the great American artist, Edward Hopper.

If not Lassie herself, it’s tempting to consider the intergenerational communication and couple dynamics explored in Knight’s story as themes Hopper noticed, too.

“…Then they heard his opening of the door and the voice stopped and the cottage was silent. That’s how it was now, the boy thought. They stopped talking in front of you. And this, somehow, was too much for him to bear. He closed the door, ran out into the night, and onto the moor, that great flat expanse of land where all the people of that village walked in lonesomeness when life and its troubles seemed past bearing…”

Lassie Come-Home, Edward Knight, The Saturday Evening Post, 1938 Dec. 17

Both used punctuation in titles. Knight offset the story’s title with a vital hyphen, Lassie Come-Home (command-comfort) that might have caught Hopper’s attention. Hopper used commas often for emphasis–as in Cape Cod, Evening.

Beyond the Great Depression, 1938 may have appeared especially distant, simpler, on first pass. Yet, with international tensions rising year by year and the horrors of WWI just a generation past, neither 1938 nor 1939 were simple. Jan Struther, another UK author, broached topics of peacetime, lengthy stasis, and looming loss in the popular Mrs. Miniver pieces, published in The Times London newspaper (1937-39 ), at the same times as Lassie. Reader’s Digest distribution was international beginning in 1938.

In Cape Cod, Evening 1939, Hopper’s dog reacts, hears something, like a whippoorwill, or so the story goes. (Lloyd Goodrich’s Hopper bio, 1971; also Gail Levin, 1995) Levin’s book takes time to introduce the reader to Hoppers’ friends, and so we understand the grief from the loss of their friend Harriet Jenness who died “in early July of 1939. It was she who had firmed up the Hoppers’ courage to build in the first place and provided a roof till theirs was done.” (Levin, 1995.)

Cape Cod, Evening is constantly changing because it’s laden with enigmatic motifs. It’s late summer and fall. Unsettling and calm. Are the man and woman taking a momentary break together (as with the son and father walking in the Lassie story) or engaged in a forced desist (as with the parents going silent in the Lassie story)? Active fight or passive summer ennui? And what about that evergreen Hopper forest at the edge? Is it a cool and reachable retreat? Are the trees leaning, falling? Is the sea of dry grass sunlit and waving or scorched and still? And why no path? The man and woman are lost in thought. Worried? Families will have to have difficult conversations. Some won’t return. And what about the significance of that star dog with the striking fur?

Hopper was 35 at the onset of WWI, registered, but not called for duty. He was 57 in 1939.

1939

Edward Hopper paintings dated 1939: Bridle Path (Bruce Museum of Art, CT), Ground Swell ( NGA collection), Cape Cod, Evening (NGA collection), and New York Movie (MoMa). As a group, they make a strong case that Hopper was thinking about 1939 in 1939.

World War Two

Edward Hopper and Jo Hopper were on the Cape when war broke out.

On August 29, 1939, friends dropped by their summer home in Truro and Jo Hopper noted in her diary how the woman said, “…Sheโ€™d been to England last week. Said they all prepared for warโ€”everyone has his funkhole ready for an air raid.” On August 30 she added “E.” went to town on errands and picked up a magazine:

“Augu. 30. Still raining. After lunch E. went to P.O. & bought back kerosene, Readers Dig, postcard from Ginny at fair + the note from D R.โ€”to see us Sept. 18 at 11. Onion soup & banana salad for lunch & tummy ache over dishes. E. so tired. Standing up at canvas. Canvas seems standing still. But Iโ€™ve seen that happen before…”

Josephine N. Hopper, Aug. 30, 1929 diary page. Provincetown Art Museum Collection, 2016. “Donation by Laurence C. and J. Anton Schiffenhaus in honor of their mother Mary Schiffenhaus (a close and personal friend of Josephine and Edward Hopper)”

On September 1, 1939 Germany invaded Poland, and England and France declared war on Germany just two days later.

On September 3, Jo mentions art and war :

“…Eโ€™s 2 canvases*. Sailboat without sky as yet. Tonight Bertha Frank & Edgar Cobb came up to say good bye for the season. Everyone else in Truro had their supper dishes washedโ€”but we hadnโ€™t begun yet. E. was still working when they arrived. Heโ€™s been plenty interrupted today. We didnโ€™t swimโ€”it looked so cold. Ginny said not cold but very dirty + water full of pink jelly fish.

So war is declared today & yesterday we saw that over into Poland. E. had a Times yesterday & we saw that. How Nat. news dwarfs everything. Why Pittsburgh festivities. Why anything. E. said he could drive an ambulance. I hope not. We most of everything need to get well…”

Josephine N. Hopper, Sept. 3, 1939. *Ground Swell and Cape Cod, Evening

star dogs

Examples of dogs in famous visual arts and letters abound before Lassie. During WWI, the soon to be famous german shepherd puppy Rin Tin Tin was rescued from the battlefield by Lee Duncan, and brought back to the United States. He was trained exceptionally well then on a hunch for the Silent Movie era. The original Rin Tin Tin’s first Hollywood movie was a bit part in 1922. He starred in so many box office hits, when he died in 1932 his death ‘stopped the presses’. Generations of Rin Tin Tin descendents followed, representing his public legacy if not his agility and acting chops. Other shepherds were used in later vehicles. For more about Rin Tin Tin’s global fame and impact and Duncan’s life–he did not trademark the name– see Susan Orleans biography, Rin Tin Tin: The Life and the Legend. (Also her short piece The Dog Star, New Yorker, Aug. 2011 and a preview excerpt NY Times Oct. 2011.) I doubt Hopper would add a German Shepherd in a 1939 painting.

And before Rin Tin Tin? There would be no Dorothy without Toto. Frank Baum wrote the The Wizard of Oz in 1900. The production of the movie adaptation made news ahead of its release August 29th, 1939. (It failed to earn a profit until re-releases decades later.)

Jack London’s Buck in The Call of the Wild debuted in 1903.

The Whitney Museum holds an early portrait drawing by Edward Hopper (1882-1967) of a contented dog–framed in a doghouse door naturally–dated 1893.

Edward Hopper Cape Cod, Evening 1939 was acquired by the National Gallery of Art in 1982.

Beach Grass, architecture, Color, composition, And…

I think about Wyeth and Chase a lot when I look at Hopper’s Cape Cod, Evening. Same when I encounter any one of the three.

Wyeth

A decade after Cape Cod, Evening, American artist and fan of Hopper, Andrew Wyeth, completed Christina’s World, 1948 (Museum of Modern Art, New York).

William Merritt Chase

Dry grass dunes and vegetation in the Hamptons on Long Island by American artist William Merritt Chase, art world famous in his day, and one of Hopper’s esteemed fine art professors. Photos: C. Ryan. Installation views from the William Merritt Chase exhibition at the MFA in 2017. Shinnecock Hills of Southampton seen in two works: Bayberry Bush 1895 (Parrish Art Museum) and Seaside Flowers (Crystal Bridges) The photo with the supercharged green is how it’s often depicted, but not how I experience this Chase series in person. (Chase painted a bevy of great dogs in other works.)

The Saturday Evening Post

The Saturday Evening Post’s tag line “Founded 1728 by Benj. Franklin”

Select to enlarge pages and pinch or zoom. PDF below. Lassie Come-Home by Edward Knight with illustrations by Arthur D. Fuller. The Saturday Evening Post. December 17, 1938

The issue also featured a Norman Rockwell on the cover, a serialized Agatha Christie installment, an investigative long read about universal healthcare– illustrated with a Farm Security Administration (FSA) photograph by Arthur Rothstein in Arkansas, circa 1935–and several classic ads. New Yorkers Jo and Ed Hopper did not eat at home much, and when they did…beans were a big draw. The prominent full page color Heinz ad was on the inside cover of this issue. I do not know the illustrator of the Gulfpride Oil ad, but it’s great. For more information about the FSA and Arthur Rothstein with a timeline continue reading here ; for more about Roy Stryker & the origins of the FSA and Gordon Parks continue reading here; and for more about the FSA and Howard Liberman continue reading here.

-by Catherine Ryan

cryanaid.com Edward Hopper All Around Gloucester

**First published 8/26/2023 on the occasion of National Dog Day. August 26 is International Dog Day. **

Was Lassie on Edward Hopper’s Mind in 1939, too by Catherine RyanDownload

Was Lassie on Edward Hopper’s mind in 1939?

Posted on by Catherine

**August 26 is International Dog Day**

Illustrations: The short story, Lassie Come-Home by Edward Knight with illustrations by Arthur D. Fuller*, was an instant must-read-and-share when it was first published in the popular magazine, The Saturday Evening Post on December 17, 1938. Edward Hopper painted Cape Cod, Evening in 1939. *The illustratorโ€™s signature is tough to read without the credit beneath the byline. (Scroll down to see and read the story pages or to print a PDF. It’s a great read!)

You may know the memorable and unbreakable bond of the boy and his dog which Lassie Come-Home describes, and the small and epic journeys.

The short story, Lassie Come-Home by Edward Knight with illustrations by Arthur D. Fuller, was an instant must-read-and-share when it was first published in the popular magazine, The Saturday Evening Post on December 17, 1938.

Edward Hopper painted Cape Cod, Evening in 1939.

The short story is set in England and opens with a small family of three in recurring and searing pain: Two parents who have fallen on hard times and are under great emotional strain struggle to comfort their only child because they sold the family dog. Their beautiful collie, “Lassie”, is so devoted to their son, the dog runs away from the new owner straight back to the boy over and over again. Under the circumstances, any and every solution is untenable. His parents’ misplaced anger, adult exchanges, and silence confuse the boy. Their anguish and love is palpable.

Out of desperation, Lassie is removed to Scotland which they believe will be an insurmountable distance to cover.

It’s not. And no wonder a legend is born!

The first Lassie novel was published in 1940. Swift adaptations followed. It’s easy to see how the story resonated with American audiences during the Great Depression, even perhaps the great American artist, Edward Hopper.

If not Lassie herself, it’s tempting to consider the intergenerational communication and couple dynamics explored in Knight’s story as themes Hopper noticed, too.

“…Then they heard his opening of the door and the voice stopped and the cottage was silent. That’s how it was now, the boy thought. They stopped talking in front of you. And this, somehow, was too much for him to bear. He closed the door, ran out into the night, and onto the moor, that great flat expanse of land where all the people of that village walked in lonesomeness when life and its troubles seemed past bearing…”

Lassie Come-Home, Edward Knight, The Saturday Evening Post, 1938 Dec. 17

Both used punctuation in titles. Knight offset the story’s title with a vital hyphen, Lassie Come-Home (command-comfort) that might have caught Hopper’s attention. Hopper used commas often for emphasis–as in Cape Cod, Evening.

Beyond the Great Depression, 1938 may have appeared especially distant, simpler, on first pass. Yet, with international tensions rising year by year and the horrors of WWI just a generation past, neither 1938 nor 1939 were simple. Jan Struther, another UK author, broached topics of peacetime, lengthy stasis, and looming loss in the popular Mrs. Miniver pieces, published in The Times London newspaper (1937-39 ), at the same times as Lassie. Reader’s Digest distribution was international beginning in 1938.

In Cape Cod, Evening 1939, Hopper’s dog reacts, hears something, like a whippoorwill, or so the story goes. (Lloyd Goodrich’s Hopper bio, 1971; also Gail Levin, 1995) Levin’s book takes time to introduce the reader to Hoppers’ friends, and so we understand the grief from the loss of their friend Harriet Jenness who died “in early July of 1939. It was she who had firmed up the Hoppers’ courage to build in the first place and provided a roof till theirs was done.” (Levin, 1995.)

Cape Cod, Evening is constantly changing because it’s laden with enigmatic motifs. It’s late summer and fall. Unsettling and calm. Are the man and woman taking a momentary break together (as with the son and father walking in the Lassie story) or engaged in a forced desist (as with the parents going silent in the Lassie story)? Active fight or passive summer ennui? And what about that evergreen Hopper forest at the edge? Is it a cool and reachable retreat? Are the trees leaning, falling? Is the sea of dry grass sunlit and waving or scorched and still? And why no path? The man and woman are lost in thought. Worried? Families will have to have difficult conversations. Some won’t return. And what about the significance of that star dog with the striking fur?

Hopper was 35 at the onset of WWI, registered, but not called for duty. He was 57 in 1939.

1939

Edward Hopper paintings dated 1939: Bridle Path (Bruce Museum of Art, CT), Ground Swell ( NGA collection), Cape Cod, Evening (NGA collection), and New York Movie (MoMa)

As a group, they make a strong case that Hopper was thinking about 1939 in 1939.

Edward Hopper and Jo Hopper were on the Cape when war broke out.

On August 29, 1939, friends dropped by their summer home in Truro and Jo Hopper noted in her diary how the woman said, “…Sheโ€™d been to England last week. Said they all prepared for wayโ€”everyone has his funkhole ready for an air raid.” On August 30 she added “E.” went to town on errands and picked up a magazine:

“Augu. 30. Still raining. After lunch E. went to P.O. & bought back kerosene, Readers Dig, postcard from Ginny at fair + the note from D R.โ€”to see us Sept. 18 at 11. Onion soup & banana salad for lunch & tummy ache over dishes. E. so tired. Standing up at canvas. Canvas seems standing still. But Iโ€™ve seen that happen before…”

Josephine N. Hopper, Aug. 30, 1929 diary page. Provincetown Art Museum Collection, 2016. “Donation by Laurence C. and J. Anton Schiffenhaus in honor of their mother Mary Schiffenhaus (a close and personal friend of Josephine and Edward Hopper)”

On September 1, 1939 Germany invaded Poland, and England and France declared war on Germany just two days later.

On September 3, Jo mentions art and war :

“…Eโ€™s 2 canvases*. Sailboat without sky as yet. Tonight Bertha Frank & Edgar Cobb came up to say good bye for the season. Everyone else in Truro had their supper dishes washedโ€”but we hadnโ€™t begun yet. E. was still working when they arrived. Heโ€™s been plenty interrupted today. We didnโ€™t swimโ€”it looked so cold. Ginny said not cold but very dirty + water full of pink jelly fish.

So war is declared today & yesterday we saw that over into Poland. E. had a Times yesterday & we saw that. How Nat. news dwarfs everything. Why Pittsburgh festivities. Why anything. E. said he could drive an ambulance. I hope not. We most of everything need to get well…”

Josephine N. Hopper, Sept. 3, 1939. *Ground Swell and Cape Cod, Evening

star dogs

Examples of dogs in famous visual arts and letters abound before Lassie. During WWI, the soon to be famous german shepherd puppy Rin Tin Tin was rescued from the battlefield by Lee Duncan, and brought back to the United States. He was trained exceptionally well then on a hunch for the Silent Movie era. The original Rin Tin Tin’s first Hollywood movie was a bit part in 1922. He starred in so many box office hits, when he died in 1932 his death ‘stopped the presses’. Generations of Rin Tin Tin descendents followed, representing his public legacy if not his agility and acting chops. Other shepherds were used in later vehicles. For more about Rin Tin Tin’s global fame and impact and Duncan’s life–he did not trademark the name– see Susan Orleans biography, Rin Tin Tin: The Life and the Legend. (Also her short piece The Dog Star, New Yorker, Aug. 2011 and a preview excerpt NY Times Oct. 2011.)

And before Rin Tin Tin? There would be no Dorothy without Toto. Frank Baum wrote the The Wizard of Oz in 1900. The production of the movie adaptation made news and was released August 29th, 1939. It failed to earn a profit until re-releases decades later.

Jack London’s Buck in The Call of the Wild debuted in 1903.

The Whitney Museum holds an early portrait drawing by Hopper of a contented dog–framed in a doghouse door naturally–dated 1893.

Edward Hopper Cape Cod, Evening 1939 was acquired by the National Gallery of Art in 1982.

Beach Grass, architecture, Color, composition, And…

I think about Wyeth and Chase a lot when I look at Hopper’s Cape Cod, Evening. Same when I encounter any one of the three.

Wyeth

A decade after Cape Cod, Evening, American artist and fan of Hopper, Andrew Wyeth, completed Christina’s World, 1948 (Museum of Modern Art, New York).

William Merritt Chase

Dry grass dunes and vegetation in the Hamptons on Long Island by American artist William Merritt Chase, art world famous in his day, and one of Hopper’s esteemed fine art professors. Photos: C. Ryan. Installation views from the William Merritt Chase exhibition at the MFA in 2017. Shinnecock Hills of Southampton seen in two works: Bayberry Bush 1895 (Parrish Art Museum) and Seaside Flowers (Crystal Bridges) The photo with the supercharged green is how it’s often depicted, but not how I experience this Chase series in person. (Chase painted a bevy of great dogs in other works.)

The Saturday Evening Post

The Saturday Evening Post’s tag line “Founded 1728 by Benj. Franklin”

Select to enlarge pages and pinch or zoom. PDF below. Lassie Come-Home by Edward Knight with illustrations by Arthur D. Fuller. The Saturday Evening Post. December 17, 1938

The issue also featured a Norman Rockwell on the cover, a serialized Agatha Christie installment, an investigative long read about universal healthcare– illustrated with a Farm Security Administration (FSA) photograph by Arthur Rothstein in Arkansas, circa 1935–and several classic ads. New Yorkers Jo and Ed Hopper did not eat at home much, and when they did…beans were a big draw. The prominent full page color Heinz ad was on the inside cover of this issue. I do not know the illustrator of the Gulfpride Oil ad, but it’s great. For more information about the FSA and Arthur Rothstein with a timeline continue reading here ; for more about Roy Stryker & the origins of the FSA and Gordon Parks continue reading here; and for more about the FSA and Howard Liberman continue reading here.

-by Catherine Ryan

cryanaid.com Edward Hopper All Around Gloucester

**First published 8/26/2023 on the occasion of National Dog Day. August 26 is International Dog Day. **

Was Lassie on Edward Hopper’s Mind in 1939, too by Catherine RyanDownload

Summer twinkle: Blue sky, paper lanterns and some enchanted evenings. Fireworks. Rockport Illumination 2023

Posted on by Catherine

Reminder! Rockport’s annual Illumination is Saturday, August 12, 2023. 9pm Fireworks. Flyer below.

photos: paper lanterns downtown Rockport, Senior Center, Post Office, Library, storefronts, porches, Dock Square

As pretty as a picture! Perhaps Rockport Art Assoc and Cape Ann Museum can hang a selection to time with the annual Rockport Illumination (from their collections and new work by living artists responding to the art, illumination, and the summer celebration).

And the Mystery Buyer of Berkshire Museum Shuffleton’s Barbershop by Norman Rockwell is…Lucas Museum of Narrative Art

Posted on by Catherine

No surprise! Here’s the Lucas Museum of Narrative Art press release about the Berkshire Museum deaccession. George Lucas already paid a record breaking price– 46 million–back in 2013 for Saying Grace, one of his numerous major Rockwells. Shuffleton’s Barbershop could have surpassed that price; the market won’t know unless Lucas opts to sell it at a public auction some future date.

1950 Norman Rockwell syaing grace

(photo above – Norman Rockwell, Saying Grace,ย collection Lucas Museum Narrative Art)

Thirteen more Berkshire Museum works (including another Rockwell Blacksmith’s Boy – Heel and Toe) will be sold at Sotheby’s auctions beginning May 14, 2018:

  • John La Farge, Magnolia, 1859โ€“60. Estimate $200,000โ€“300,000.
  • Charles Franรงois Daubigny, Paysans allant aux champs (Le Matin). Estimate $70,000โ€“100,000.
  • Henry Moore, Three Seated Women, 1942. Estimate $400,000โ€“600,000.
  • Alexander Calder, Double Arc and Sphere, executed circa 1932. Estimate $2,000,000โ€“3,000,000. (*oddly just one of a site specific commisioned pair for the Berkshire Museum)
  • Francis Picabia, Force comique, 1914. Estimate $800,000โ€“1,200,000.
  • Adriaen Isenbrant, The Temptation of Adam and Eve. Estimate $150,000โ€“200,000.
  • William Bouguereau, The Newborn Lamb, 1873. Estimate $1,500,000โ€“2,000,000. (**November cover lot pulled from sale last fall)
  • Alberto Pasini, Faubourg de Constantinople, 1877. Estimate $700,000โ€“1,000,000.
  • Adriaen Isenbrant, The Flight into Egypt. Estimate $150,000โ€“200,000.
  • William Bouguereau, Les deux sล“urs, 1884. Estimate $2,000,000โ€“3,000,000.
  • Norman Rockwell, Blacksmith’s Boy โ€“ Heel and Toe, 1940. Estimate $7,000,000โ€“10,000,000.
  • Frederic Edwin Church, Valley of Santa Isabel, New Granada, 1875. Estimate $5,000,000โ€“7,000,000.
  • Rembrandt Peale, George Washington. Estimate $200,000โ€“300,000.
  • Norman Rockwell, Shuffletonโ€™s Barbershop, 1950. Acquired privately by a nonprofit American museum.
  • (the Vuillard and 25 more aren’t listed at this time)

sothebys berkshire museum may 2018.jpg

press release from Lucas Museum APR 11, 2018

Lucas Museum of Art.jpg

Lucas Museum Announces Acquisition of Norman Rockwellโ€™s ‘Shuffletonโ€™s Barbershop’

Museum ensures iconic masterwork remains in public view

Los Angeles, CA (April 11, 2018)ย โ€“ The Lucas Museum of Narrative Artย today announced the acquisition ofย Norman Rockwellโ€™s masterworkย Shuffletonโ€™s Barbershop. The 1950 painting, which had been in the collection of the Berkshire Museum in Pittsfield, MA, has been the subject of considerable attention in recent months.

โ€œAs a museum dedicated to celebrating visualย storytelling, we are honored to become the public steward of this major work,โ€ said Donย Bacigalupi, Founding President of the Lucas Museum. โ€œNorman Rockwellย is one of our nationโ€™s most important storytellers, and this cultural treasure will continue to be seen and enjoyed by the public in an American museum, where it will be a source of inspiration for generations to come.โ€

The Lucas Museum recently broke ground and launched construction in Los Angeles, and is expected to open to the public in 2022.ย 

Shuffletonโ€™s Barbershop, revered as one of the most iconic works of Rockwellโ€™s storied career, will join an expansive collection of works by the artist, includingย Saying Graceย (1951) andย After the Promย (1957).ย 

These works will be featured prominently on public view to allow museum visitors to explore the power and importance of visual storytelling. The Lucas Museum will engage visitors of all ages in educational programs that highlight prominent examples of narrative art in a variety of mediums, periods and cultures.ย 

With the acquisition, the Lucas Museum announced a cross-country partnership wherebyย Shuffletonโ€™sย Barbershopย will be on long-term loan to the Norman Rockwell Museum in Stockbridge, Massachusetts, for public display commencing later this year and extending into 2020. The Lucas Museum will also explore opportunities to loan the painting to other museums in Massachusetts and elsewhere in order to maximize public access to this beloved work of art.

โ€œWe are immensely grateful to the Lucas Museum of Narrative Art for ensuring that Norman Rockwell’s masterpieceย Shuffleton’s Barbershopwill continue to be available to and enjoyed by the public. We thank the Museum for generously loaning the painting to the Norman Rockwell Museum while the Lucas Museum is under construction in Los Angeles,โ€ stated Laurie Norton Moffatt, Norman Rockwell Museum Director and CEO. โ€œIt is especially meaningful for the people of Berkshire County who will have the opportunity to enjoy this masterpiece for a few more years, knowing that it will remain in the public realm. We look forward to continuing to work with our friends at the Lucas Museum to create educational opportunities and appreciation of the narrative art of illustration, including ongoing collection-sharing.” Continue reading “And the Mystery Buyer of Berkshire Museum Shuffleton’s Barbershop by Norman Rockwell is…Lucas Museum of Narrative Art” →

What a low blow: Justice Lowy clears contested Berkshire Museum art for auction

Posted on by Catherine

Justice Lowy’s JUDGEMENT was released April 5, 2018.ย The Museum may sell Shuffleton’s Barbershop, and — via Sotheby’s– the remaining 39 works free of any restrictions.

“The museum has satisfied its burden of establishing that is has become impossible or impracticable to administer the Museum strictly in accordance with its chartiable purpose, thus entitling the Museum to relief under the doctrine of equitable deviation. Accordingly the court allows the Museum’s request for equitable relief to sell the designated artwork.”

Screenshot_20180405-151807~2.png

Justice Lowy MEMO OF UNDERSTANDING

page 1 MEMO OF UNDERSTANDING Justice Lowy Berkshire Museum and AGO April 5 2018

Reaction from Sotheby’s Auction House:

โ€œWe are very pleased that the court approved the agreement reached between the Berkshire Museum and the Massachusetts Attorney General. We look forward to working with the museum to ensure a bright future for the people of Pittsfield and Western Massachusetts.โ€ Judge Lowy’s decision came in just in time to meet the auction’s press deadline clearing for art sales this spring, else sales would have been pushed back till the fall at the earliest. The catalogue pages are ready from last fall’s prep.

Reaction fromย Elizabeth McGraw, President, Berkshire Museum Board of Trustees:

โ€œThis is great news for the people of Berkshire County and everyone who visits the Berkshire Museum for one-of-a-kind experiences in history, art, and science. We recognize this decision may not please those who have opposed the museumโ€™s plans. Still, we hope people will be able to move forward in a constructive way to help us secure and strengthen the future of this museum, at a time when our community needs it more than ever. โ€œ

Reaction from Save the Art – Save the Museum (STA-STM)

โ€œSave the Art-Save the Museum continues to oppose the sale of the Berkshire Museumโ€™s art treasures and its unrestricted use of the resulting funds. We also regret the judge’s disregard of the public trust in which the museum held its collections. The impending sale will not only diminish Pittsfield as a city claiming to be of cultural import to Berkshire County, but will reverberate destructively for years through collections similarly held in trust throughout the state and country. As a group, we will make a more detailed statement after meeting in person to consider the loss to our community and its impact.โ€

Patiner flight into egypt featured in 1953 article celebrating Berkshire Museum 50th celebration
1953

Have a look back at an inspiring 1965 Berkshire Eagle profile about Berkshire Museum Director Stuart C. Henry, and an earlier feature from theย Berkshire Evening Eagle, publishedย Thursday, Aug. 20, 1953, heralding the Berkshire Museum’s 50th anniversary. Both convey the museum’s seamless blend of high art, science, community and education.

I wonder what happened to theย marble swans over the Berkshire Museum elliptical pool designed by A. Sterling Calder, father of the sculptor, Alexander Calder, and resident of Richmond, Massachusetts, less than 20 minutes away from Pittsfield?ย  Continue reading “What a low blow: Justice Lowy clears contested Berkshire Museum art for auction” →

Berkshire Museum art case: Mass Supreme Court Justice Lowy allows third amicus brief

Posted on by Catherine

Amy Stewart, Second Assistant Clerk for theย โ€ŽMassachusetts Supreme Judicial Court for the County of Suffolk,ย confirms that Justice Lowy has allowed a third Amici Curiae filed by Martin Gammon related to the Berkshire Museum case. Gammon has a new book coming out “Deaccessioning and its Discontents: A Critical History,” (Cambridge, MA: MIT Press, 2018). He has long art world experience, and is an antiques roadshow appraiser and a former director of Museum Services at Bonhams auction house. Although he is opposed to the current deaccession agreement reached by the Attorney General and the Trustees of the Berkshire Museum, and backs off from the panic, Gammon articulates some sell-off, specifically:

“Consequently, if the court were to warrant a limited sale of the European and non-Western works, and that in turn proves to be insufficient for supporting operations in the course of time, then the trustees could then petition the court and consider some of the core American works for potential sale, but then they should be offered in a collaborative process through the auspices of the AAMD to other public institutions first, as the likelihood of another museum willing to acquire them is high, and they would in most cases remain in the public trust.”

Gammon underscores the irregularity of any deaccession planning with no curators on staff as is the case with the Berkshire Museum. One of the paintings Gammon muses a curator may have considered selling was the now infamous cover lot yanked back on the eve of the Sotheby’s November 21, 2017 sale:ย LOT 18 L’Agneau Nouveau (The Newborn Lamb), oil on canvas, presale estimate 1.5 to 2 million)

x Bouguereau LOT 18 Berkshire Museum Bouguereau featured on the cover of the Sotheby's catalogue 70 lots Nov 21 sale L'Agneau Nouveau-Ne THE NEWBORN LAMB oc 65 x 34 est 1500000 to 2mil

A poignant counter perspective was expressed in a Letter to the Editor on March 13, 2018: Crane gifts to museum would be painful loss, (aka “beyond the Rockwells) byย David Peter Moser,ย a former resident of Pittsfield who benefited from amazing enrichment programs developed between the museum and community organizations

To the editor:
I am saddened by the potential loss of Berkshire County’s cultural assets, those being the gifts Zenas Crane made during his lifetime to his Berkshire Museum. Often overlooked in the press are those gifts associated with former Massachusetts governor and senator Winthrop Murray Crane, subject to being deaccessioned for cash. Governor (1900-1903) and senator (1904-1913), Winthrop Murray Crane and his family also donated works that are among the 40 to be sold, acquired over the last century as his heirs wanted to honor their direct ancestors and the mission of the Berkshire Museum. A native son of Dalton, both businessman and statesman, Winthrop Murray Crane is equally revered as part of this area’s proud heritage.ย Sen. Crane’s wife, Josephine Boardman Crane, and daughter, Louise Crane, gave art treasures either directly or through their nonprofit foundations. Louise Crane had no descendants.

Works include: William-Adolph Bouguereau’s “La Bourrique/The Horseback Ride;” Girolamo Troppa’s “Apollo and Satyr;” Thomas Wilmer Dewing’s “Two Ladies in a Drawing Room/The White Dress;” George Henry Durrie’s “Hunter in Winter Wood;” Adriaen Isenbrandt’s “Adam and Eve/The Temptation;” Augustus Saint-Gaudens’ “Diana of the Tower; ” Henry Moore’s “Three Seated Figures;” Edward Vuillard’s “Deux femmes dans un interieur;” and Edwin Lord Weeks’ “Indian Prince, Palace of Agra.”

The Josephine and Louise Crane Foundation, now located in Falmouth., has assets of over $70 million and gave $500,000 during the 2007 Berkshire Museum Capital Campaign. Attempts to reach out to the Winthrop Murray Crane ancestors regarding their feeling towards the Berkshire Museum’s intended renovation plans and deaccessioned artworks have gone unanswered.

As an aside, I thank Josephine Boardman Crane for also establishing the Junior Naturalist Program at the Berkshire Museum, which was an important part of my childhood learning experiences growing up in Pittsfield during the 1970s with Woody Bousquet and Thom Smith. My experiences, enhanced by visits to the Berkshire Museum as well as later hiking excursions through the hills of the Catskills and Berkshires with Woody, compelled me to study art history in college at Tufts University. Memories of the paintings by Hudson River School artists’ depictions of our beloved mountain ranges remain clear.ย Science, nature, history and art interconnected through paintings โ€” treasures “once” known at the Berkshire Museum in Pittsfield.“- David Peter Moser

Moser was compelled to detail the strong accession stories and local community support for the Berkshire Museum 39– the works of art off the beaten press path. Justice Lowy asked about them, too.

Gammon filed one day ahead of the March 20th public hearing where parties and amici presented oral arguments. Although Gammon will not have an opportunity to present oral argument,ย  Justice Lowy willย read and consider this file along with all the other documents. No further information is available at this time.

AMY STEWART FANTASTIC Boston MA John Adams Courthouse -Berkshire Museum deaccession case oral arguments before SJO Justice Judge Lowy_Mar 20 2018 _102144 ยฉ catherine ryan (17).jpg

03/28/2018ย  ย  ย  #24ย  ย Notice to counsel/parties regarding paper #18 file

MOTION For Leave To File A Brief Of Amicus Curiae filed by Martin Gammon. (No Certificate of Service included). (3/27/18: “Per the within, Motion is ALLOWED WITHOUT HEARING” (Lowy, J.))

Justice Lowy to Berkshire Museum Attorney Lee at Massachusetts Supreme Court: โ€œSo in other words, I have to tell you, Iโ€™m watching two different movies.โ€

Posted on by Catherine

In 2017, the Berkshire Museum was sued multiple times because of the possible sales of 40 works of art at public auctions. The art has long left the building. The winning consignor, Sotheby’s auction house, received all property prior to the 2017 public announcement from museum leadership blowing its “New Vision” horn. The art remains on hold at Sotheby’s.

At high noon on March 20, 2018, in Courtroom 2 of the John Adams Courthouse in Boston, Massachusetts, Justice David Lowy presided over the ongoing Berkshire Museum deaccession litigation. Four attorneys, two for each side, were summoned before the Massachusetts Supreme Court to argue positions. Justice Lowy began the hearing by addressing the elephant in the room. He announced that because the Attorney General Office and the Berkshire Museum, former adversaries, petitioned the court together for necessary relief, he thought it was important to hear opposing views. Therefore, he invited amici to present their arguments, too.

(A third amicus brief by a former director of Museum Services at Bonhams auction house, Martin Gammon,ย  has since been filed and is under review.)

Naturally, this hearing was welcome news for opponents of the museum’s plans to liquidate a priceless core collection in favor of a makeover, still reeling from their perception that the Attorney General abdicated mightily February 9, 2018. Trustees, who believe the museum is broke and will shutter any day if not for this new strategy, were disheartened but determined.

Justice Lowy made the stunning announcement upfront that restrictions do apply, and are a given. The Office of the Attorney General (AGO) and the Supreme Court agree about standing.ย The museum maintains it has the right to liquidate.ย The only way that any art can be sold is if the legal contracts pertaining to the Berkshire Museum’s charter and mission and provenance for the art are abandoned because the museum successfully conveys its pending demise. Then it gets a do-over. The legal term is cy pres (pronounced say, pray. I prefer pray stay!)

IF sold, Norman Rockwell’s Shuffleton’s Barbershop, which has crystal clear provenance, was estimatedย  to fetchย  the highest price at auction. Inexplicably, the petition before the court boasted of a breezy compromise between the AGO and Berkshire Museum: an anonymous museum will purchase the painting for 1)an undisclosed price (I guarantee that it’s less than public auction), 2) promises a temporary display in Massachusetts, at the Norman Rockwell Museum, and 3)eventually feature it as part of the mystery museum’s permanent collection. Where is the museum? What is the sale price and terms? If its destiny is beyond a Massachusetts border, why isn’t the Commonwealth protecting its resources?*

*Which museum committed funds forย Shuffleton Barbershop ย and can afford to pounce and avoid driving up the price at auction? Perhapsย Crystal Bridges Museumย backed by Wal-Mart heiress, Alice Walton, could strike again. Norman Rockwell is already represented in its collection. Is it worth it to add another? The Lucas Museum of Narrative Art could be a contender. George Lucas boasts an impressive Rockwell collection, including ideal examples with cinematic connections or narratives, like the stunning study for charwomen (in movie theater). Is that enough representation to let it go were Berkshire Museum Rockwells cleared to sell?

The other works of art could be sold, or not.ย One doesn’t get the impression that the AGO was stepping in for the underdog.ย Leave it to Norman Rockwell to capture the attention of a busy world to illustrate a simple maxim: do the right thing. If legal manuevering is necessary, like crazy zoning variances for unfair construction, most collections will be at a disadvantage. It’s up to the Massachusetts Supreme Court to remedy this balderdash & betrayal else risk breaking the bank of non profits across the country.

Justice Lowy asked that the attorneys focus their arguments on selling with restrictions: “Is it necessary and impossible or impracticable for the Museum’s charitable mission to continue?”ย All parties stuck to this request, and to their filed briefs more or less. I tried to capture word for word the moments when Justice Lowy interrupted rote statements.ย Justice Lowy has made no decisions, yet. Eventually, he will decide whether to allow the parties’ petition, deny it, or reserve and report which means bringing the case back to the full court.

Proponents side or Opponents side?

Upon arrival, where to sit at the courtroom felt like where to sit at a wedding.ย The Berkshire Museum Trustees, Director Van Shields, and those in favor of the Berkshire Museum deaccession sale sat together on the left side of the courtroom. Opponents, numbering 2:1, sat in the center, off to the right, and spilled into the hall. With every available chair claimed some were left standing in the back.

TRUSTEES few smiles - Boston MA John Adams Courthouse -Berkshire Museum deaccession case oral arguments before SJO Justice Judge Lowy_Mar 20 2018 _102144 ยฉ catherine ryan (12)
Berkshire Museum Trustees March 20, 2018 at Massachusetts Supreme Court (front row far left Director Van Shields seated next to Trustees Chair Elizabeth McGraw)

Up first – Attorney Nicholas M. O’Donnell

of Sullivan & Worcester LLPย law firm and Erika Toddย on behalf of ‘Berkshire Museum Member Plaintiffs’: James Hatt,ย  Kristin Hatt,ย  and Elizabeth Weinbergย 

ATTORNEY O'DONNELL AMICUS GOES FIRST Boston MA John Adams Courthouse -Berkshire Museum deaccession case oral arguments before SJO Justice Judge Lowy_Mar 20 2018 _102144 ยฉ catherine ryan

O’Donnell excerpt- “Massachusetts stands alone, this decision puts Massachusetts alone …That this court, this petition, this hearing, may be the ONLY obstacle left to account for this action should be unimaginable. IF a conclusory report of operational deficits can support the liquidation for the sale…Make no mistake, I say the art market is watching–”

Justice Lowy cut in- “Maybe they are. I’ve certainly read your key points, Maybe not. Systemic issues that flow from this are not my focus…”

Continue reading “Justice Lowy to Berkshire Museum Attorney Lee at Massachusetts Supreme Court: โ€œSo in other words, I have to tell you, Iโ€™m watching two different movies.โ€” →

Doors open for #BerkshireMuseum case John Adams Courthouse

Posted on by Catherine

People are streaming in and filling seats like guests at a wedding– proponents of the sale like Berkshire Museum director Van Shields and Trustees are seated together on the left.

Attorneys greet and shake hands like team captains before a big game.

IMG_20180320_112505.jpg
Continue reading “Doors open for #BerkshireMuseum case John Adams Courthouse” →

Berkshire Museum court case today – order for oral arguments as follows

Posted on by Catherine

John Adams Courthouse Superior Court Boston MA_20180301_ยฉ C Ryan (8)_105946 (1)

Courtroom 2 at John Adams Courthouse is quiet now but come noon today the Berkshire Museum deaccessionย  art case will have it’s next day in court, this time the highest in the Commonwealth.

Attorneys for Parties (The Trustees Berkshire Museum and Massachusetts AGO) vs. Amici (Patti and Hatt groups) will present as follows:

Amici will go firstย  Tom Patti and Hatt groups, then AGO, and Trustees last. Justice Lowy can decide to allow the patries’ petition, deny it, or reserve and report which means bringing the case back to the full court.

Continue reading “Berkshire Museum court case today – order for oral arguments as follows” →

Breaking News: This isn’t just another lost cause- Justice Lowy has scheduled a Hearing for Berkshire Museum litigation

Posted on by Catherine

John Adams Courthouse Superior Court Boston MA_20180301_ยฉ C Ryan_105912

Huge step and opportunity. Justice Lowy has scheduled a hearing on Tuesday March 20 for counsel and parties! High noon. This is not to the full court; first stop is before the Single Justice. Justice Lowy has allowed 10 minutes each for oral argument.

Catch up on the case Continue reading “Breaking News: This isn’t just another lost cause- Justice Lowy has scheduled a Hearing for Berkshire Museum litigation” →

What will Justice Lowy decide and the room where it happens | Last stop for Berkshire Museum docket SJ-2018-065 at John Adams Courthouse #BostonMA Supreme Court

Posted on by Catherine

John Adams Courthouse Superior Court Boston MA_20180301_ยฉ C Ryan (9)
Front entrance John Adams Courthouse, Boston, MA. The Berkshire Museum case is under review by Supreme Court Justice Lowy

How did the Berkshire Museum brouhaha wind up in the highest court under SJO (Single Justice) review by Justice David A Lowy?

The Berkshire Museum in Pittsfield, Massachusetts, deemed it necessary to alter an original historic building and sell off its priceless core art collection in order to build a dream and survive. This controvertial move garnered attention and divided opinion.ย  The Trustees of the Museum explained that they hired a consultancy firm which confirmed this new direction (“New Vision”), via extensive public outreach* no less, so what gives? (*22 focus groups involving over 200 people is hardly extensive.) Opponents cried, “Foul!”, and pointed out questionable and perhaps shady fodder, i.e. would museum members and the Berkshire community have voted YES had they been told that the best works from the permanent collection must be sold off to make it happen? Also, the art was consigned to Sotheby’s June 13, 2017, but the Trustees altered the museum’s Charter after the consignment date and only then informed the “public”.ย  Timing is everything. There was even an infamous email with a ‘loose lips sink ships’ subject line.ย  We know these details because of dogged reporting by the The Berkshire Eagle, notably Larry Parnass, and a wide network. The story is urgent and compelling, the art world equivalent of a Spotlight-All the President’s Men-Pentagon Papers type investigation.

The first auctions were slated for November 2017.ย Shuffleton’s Barbershop by Norman Rockwell was to have been the Berkshire Museum star lot. Its presale estimate alone was 20 to 30 million. By the Fall of 2017, the museum was hit with multiple lawsuits, sued by the Massachusetts Office of the Attorney General, Norman Rockwell descendants, and various plaintiffs. Eventually, all were folded into #TeamAGO vs. the Berkshire Museum. On November 8th, the Lower Court ruled in favor of the Museum, clearing the legal right of way to auction. The Attorney General Office appealed to the State’s supreme judicial court to block the sale for more time to evaluate and investigate the case. Attorneys for the Museum fought that request vigorously, but were denied. On November 10, 2017, the AGO procured an injunction from Judge Trainor of the Massachusetts Appeals Court, scuttling any scheduled auction prior to December 11, 2017. Allowances for extensions to build the case were granted.ย On February 5th, the AGO switched teams and filed jointly with its former adversary, the Berkshire Museum, petitioning the court to apply cy pres and maintaining its opinion that indeed all the art is restricted:

“As detailed elsewhere (e.g., in its filings in the litigation referenced above) the AGO believes that all of the works of art deaccessioned and proposed for sale are subject to one or more restrictions that limit the Museumโ€™s ability to proceed with its planned sale and use of proceeds to fund an endowment, pay for operating expenses and fund renovations. The Museum continues to believe no restrictions (beyond the Museumโ€™s charitable purposes) apply.”

This alliance left many scratching their headsย  and interested parties formerly #TeamAGO adrift. Although the Rockwell plaintiffs backed off and dropped their case, law firms Sullivan & Worcester andย  Foley Hoag withย Barker, Epstein & Loscocco solicited amicus status on behalf of their clients.

Sullivan & Worcester Berkshire Museum
Sullivan & Worcester blog post about their position

Immediately, the AGO and the Berkshire Museum filed opposition papers. They weren’t persuasive. The Justice granted the participation of the law firms which means that the SJ-2018-065 docket was vastly enlarged and enlightened on February 27, 2018, and I had to see. And share. (Although everything I was looking for and questioned was not there.) The attorneys disagree with the AGO and Berkshire Museum proposal, and request oral argument. The AGO and Museum responses were filed after I visited. Justice David A Lowy will make that decision. He can act on filed papers related to Docket SJ-2018-065, order a hearing, or pass the case back to the full court. What will he do?ย I’m crossing fingers that arguments will be heard, and with the full court (which meets the first week each month and is open to the public), especially after I considered the material in person.ย  The Berkshire Museum could inspire a Frank Capra-esque courtroom movie treatment one day.

In the meantime, the art remains in Sotheby’s possession and the auction house stands down as the case is sorted. The docket includes Sotheby’s contract.

For armchair lawyers and detail detectives: I offer a blizzard of documents, on the eve of the next Nor’Easter blizzard and hope I’ve peaked your interest. (Leaving my analysis aside for now.)ย  Scroll past this post’s “read more” indicator to see interior architectural photos I took of the stunning John Adams Courthouse, and to read some of the complete and unfiltered new filings and documents related to the Berkshire Museum case, specifically-

  • AMICI CURIAE Sullivan & Worcester LLPย law firm on behalf of ‘Berkshire Museum Member Plaintiffs’: James Hatt,ย  Kristin Hatt,ย  and Elizabeth Weinberg, filed Feb 26 2018, case SJ-2018-065 (52 pages)
  • AMICUS CURIAE Foley Hoag andย Barker, Epstein & Loscoccoย – attorney Michael B Keating of Foley Hoag with attorney Daniel Epstein of Barker, Epstein & Loscocco on behalf of clients: Tom Patti, who completed two commissioned installations for the Berkshire Museum entrance and reception areas–spaces that will be gutted if the historic building is disfigured for the New Vision; Marilyn Holtz Patti – resides and works in Berkshire County as does Tom Patti; Jean Rosseau and Jonas Dovydenas- residents of Stockbridge and Lenox; James Lamme, resident of Egremont; and Donald MacGillis, resident of Pittsfield, MA. (21 pages)
  • Sotheby’s Contract with the Berkshire Museum (9 pages)
  • Affidavit from Dan Monroe, Director of the Peabody Essex Museum opposed the Berkshire Museum sale (4 pages)
  • Massachusetts Cultural Council (MCC) provided major facility funding since 2000. Some related construction was completed by a board member and warrants scrutiny
  • links to prior GMG Berkshire Museum posts

Interior views John Adams Courthouseย 

John Adams Courthouse Superior Court Boston MA_20180301_ยฉ C Ryan (2)
The John Adams Courthouse Great Hall is stunning. On the right side in this photos is a Daniel Chester French gilded sculpture of Rufus Choate

 

Continue reading “What will Justice Lowy decide and the room where it happens | Last stop for Berkshire Museum docket SJ-2018-065 at John Adams Courthouse #BostonMA Supreme Court” →

Massachusetts Attorney General assent letter for Berkshire Museum battle

Posted on by Catherine

Here’s the complete official doc while awaiting Single Justice ruling. More to come.

Assent to Plaintiff's Motion for entry of Judgement Feb 9 2018.jpg

EXHIBIT A

Letterhead MA AGO Berkshire Museum decision.jpg

VIA EMAIL February 9, 2018
William F. Lee, Esq. WilmerHale 60 State Street Boston, MA 02109
Re: Sale of Works of Art by Trustees of the Berkshire Museum
Dear Attorney Lee,

Thank you for your and the Trustees of the Berkshire Museum’s (the “Museum”) continued cooperation while the Attorney General’s Office (“AGO”) investigated the proposed sale of 40 of the Museum’s most valuable works of fine art in order to fund a “New Vision.” As the AGO indicated to the Museum last September, after reviewing the proposed sale of all 40 items and planned use of proceeds ($76 million or more based on auction estimates), the AGO concluded that the objects that have been deaccessioned and offered for sale are subject to restrictions that prohibit the Museum from selling them in the manner proposed absent court approval lifting or modifying the restrictions. As we have also discussed, and as we outline further in this letter, while we continue to believe that these restrictions apply, the investigation has led us to agree with the Museum that it would be impracticable for the Museum to continue its operations without a sale, subject to, however, certain guidelines. Therefore, the AGO is prepared to support the Museum in its request to the Supreme Judicial Court for approval to sell up to 40 items subject to certain agreed-upon sale parameters.

Proposed Sale:
The Museum first provided notice of the planned sale on June 22, 2017. The notice indicated that the Museum was proposing to sell 40 works of fine art from its collection in order to fund a “New Vision,” which will include the creation of a $40 million “endowment” and dedicate $20 million to facilities upgrades and repairs. Over the course of further communications with the AGO pertaining to the AGO’s investigation, the Museum asserted that it is in dire financial need and requires a significant capital infusion in order for the Museum to be able to continue to fulfill its charitable mission. Further, the Museum asserted that the only way it could achieve that necessary capital infusion was by selling the identified 40 of works of fine art from its permanent collection. The Museum stated that it had come to this decision as part of a two-year process undertaken by the Board of Directors to consider alternative directions for the Museum that would create a more sustainable financial future for the Museum.

-page 2 of 5-

AGO Investigation:
Upon receipt of the Museum’s June 22, 2017 notice letter, the AGO undertook a careful investigation of the Museum’s plans. As part of this review, the AGO requested and reviewed over 2300 documents bearing on the Museum and its Board’s decision-making process as well as donor intent and restrictions on objects donated or bequeathed to the Museum. These documents included, inter alia, board materials, minutes and agendas, committee materials, meeting minutes and agendas, board retreat materials. Museum policies and procedures, other internal Museum and board communications, files associated with each of the artworks that the Museum plans to sell, archival director files, and other historical files. The AGO also interviewed Museum employees, board members, and third party witnesses regarding, inter alia, the Museum’s history, the Board’s efforts to date to stabilize the Museum’s finances, the Board’s decisionmaking process related to deaccessioning and selling art from its collection, the Museum’s consideration of alternatives to selling art to revitalize the Museum, the intent of donors, and employee experience at the Museum.

In addition to the AGO’s review of documents and interviews with witnesses, the AGO also worked to understand all components of the Museum’s decision. In doing so, the AGO consulted with and relied on experts to provide the AGO with information regarding museum industry best practices, the Museum’s finances, and the impact of a decision to deaccession and sell art from a museum’s permanent collection.

The AGO is charged with review of the proposed sale for compliance with charities law, including an assessment of such factors as whether there are any restrictions that limit or prohibit the Museum from selling the chosen objects and whether, if such restrictions exist, it is impossible or impracticable for the Museum to fulfill its charitable mission and meet the intent of the donors without seeking court approval to lift or amend those restrictions. A summary of our conclusions related to this part of our review is described below.

1. Restrictions On The Works of Art Proposed for Sale
As detailed elsewhere (e.g., in its filings in the litigation referenced above) the AGO believes that all of the works of art deaccessioned and proposed for sale are subject to one or more restrictions that limit the Museum’s ability to proceed with its planned sale and use of proceeds to fund an endowment, pay for operating expenses and fund renovations. The Museum continues to believe no restrictions (beyond the Museum’s charitable purposes) apply. In light of certain findings from the AGO’s investigation described below, and in an effort to avoid unnecessary expenditure of charitable and government resources on litigation to determine which view of the restrictions would ultimately be found to be legally correct, the AGO and the Museum have agreed on a framework for requesting authorization for a sale under specific conditions. First, all of the 40 works of art identified for sale have been, until recently, part of the Museum’s permanent collection. These works of art constitute most of the monetary value of the Museum’s fine art collection and have historically been devoted to fulfilling the art component of the Museum’s three-part mission. The Museum has also long represented itself to donors and the public as an art museum (even though not solely an art museum). Further, the Museum policies and professional affiliations in place at the time the objects were selected for deaccessioning reflect a commitment by the Museum to hold its art for art puiposes, and

Continue reading “Massachusetts Attorney General assent letter for Berkshire Museum battle” →

Cy pres and money: Berkshire Museum #AGO greenlight sale & cue up Massachusetts SJO

Posted on by Catherine

Detail from Norman Rockwell Blacksmith's Boy Hell and Toe for Nov 1940 Saturday Evening Post, Collection Berkshire Museum to be sold at Sothebys

Cy pres petition it is! The Berkshire Museum had to demonstrate dire financial need to modify any restrictions on charter or mission, like selling its priceless art core and renovating its landmark building else risk withering and shuttering. Well, the museum has succeeded to the next round according to its website.ย Here’s their summary of the agreement between the Berkshire Museum and the Attorney General Office that was sent to the Single Justice Court. I have not seen a release from the AGO, yet. I’ll link to the actual document(s) soon.

Generally after a filing is ready to be reviewed, there are a couple of route options for a Single Justice. The SJO can act on the filed papers, order a hearing, or pass it back to the full court. What will the SJO decide with this one?

The Museum’s summary reads like a slam dunk for the Berkshire Museum New Vision position. An unnamed American Museum will acquire Norman Rockwellย Shuffleton’s Barbershop at an undisclosed price (which should have been negotiated high enough to cover all fundraising goals if it was to happen at all. Public auction would have gone higher.) Regardless, whatever sale price was set, that purchase does not preclude further sales according to the light conditions. I suspect that’s to appease Sotheby’s, in possession of all the art and waiting for this to sort out.

Sotheby’s would rather auction that Rockwell. The Rockwell family is not part of this agreement, and was waiting to review the papers as it impacts their suit vs. the museum.

Which museum committed funds for Shuffleton Barbershop and can pounce? Lucas Museum of Narrative Art could be a contender: George Lucas and Steven Spielberg are major Rockwell collectors.ย  Perhaps Crystal Bridges Museumย backed by Wal-Mart heiress, Alice Walton, strikes again. Both were two likely clients at Sotheby’s, too. The reputation and value of the art targeted for sale will continue to rise. Legal firms, auction houses, and collectors are poised and AGOs across the country are trending pro boards and trustee, since 2000.ย The leadership at the Berkshire Museum failed to raise its own money for its new vision, was unable to brand despite possessing masterpieces, celebrate its landmark building, and imagine innovative science and history programming built around Calders and Rockwells. Let’s give them more money and the art, too?

I wonder if there is a percentage of SJO decisions opposing agreements like this one, overturning a lower court ruling and now a proposed agreement with the AGO-state? The February 5th joint statement confirmed that the Berkshire Museum and AGO were at an impasse related to standing. Come on SJO!

Berkshire Museum summary of agreement filed with MA AGO to Single Justice

shuffleton-s-barbershop-1950read the summary Continue reading “Cy pres and money: Berkshire Museum #AGO greenlight sale & cue up Massachusetts SJO” →

Breaking news: #BerkshireMuseum investigation- Unopposed Motion as Attorney General Maura Healey requests a one week extension

Posted on by Catherine

The Arc and the Quadrant by Alexander Calder, collection of Berkshire Museum-- first public commission for Calder, a pair of sculptures for niche alongside museum theater
Alexander Calder’s first public sculpture commission was for the Berkshire museum (two sculptures for site specific niches alongside the theater)

Today, January 29, 2018 was the next milestone in the ongoing battle over the Berkshire Museum’s quest to deaccession. Attorney General Maura Healey (AGO) filed a request to push the AGO status report deadline to February 5, 2018.ย  And the “Defendant- Apellant, Berkshire Museum, does not oppose.”ย 

“Unopposed Motion for Extension of Deadlines
The Substituted Plaintiff-Appellant Attorney General Maura Healey (โ€œAGOโ€) hereby requests a oneย week extension of the deadlines set by this Court onย ย January 12, 2018, such that the preliminary injunction and stay of the trial court proceedings entered on
11/10/17, as well as the AGOโ€™s deadline for filing a status report regarding the status of the investigation, are continued to February 5, 2018. Counsel for Defendant-Appellant Trustees of the Berkshire Museum has informed the undersigned that Defendant-Appellant does not oppose the relief sought herein.” –ย Respectfully submitted, Dated: January 29, 2018

MA Appelate Court dockets RE#28: The preliminary injunction and stay of the trial court proceedings entered on 11/10/17 are continued to January 29, 2018. The Attorney General’s Office shall file a status report on, or before, January 29, 2018, regarding the status of the investigation or within 5 days of the completion of the investigation, whichever is earliest. (Trainor, J.) *Notice/attest/Agostini, J. – Dated:ย January 12, 2018ย 

LIVE: James Prendergast Library only sold 3 at Sotheby’s! Rockwell fetches 6.2 million

Posted on by Catherine

Christie’s and Sotheby’s held dueling LIVE auctions on November 21, 2017. Christie’s American sale offered 93 lots resulting in $34,131,500 total sales, nearly 7x the total sales of Sotheby’s which featured less than 67 lots because the Berkshire Museum lots were pulled from the sale. Sotheby’s* failed to sell more than 1/2 of the first 45 lots. I’ll update after the sales have ended. *Sotheby’s sale is now closed. The auction house sold just 34 of 67 lots, total salesย  (including Buyer’s Premium) were $5,858,250. Christie’s sold 72 of 91 lots today.

It turns out that the James Prendergast Library deaccession (see prior GMG post) would have made more money and kept the art in Jamestown if they had not brought the art to market at Sotheby’s. Here are the three ofย  nine paintings to find collectors; two went under estimate.

SOLD $320,000 under estimate
SOLD $55,000 under estimate
SOLD $32,000 over estimate

 

One of Sotheby’s best lots today was a Dame Laura Knight which sold for $560,000, right within its estimate range.

dame laura knight BRIT 1877-1970 The Fairground Penzance ca 1912 oc 55 x 75 sotheby's last sold in 1983 est 400 to 600000.jpg

Hammer prices unless otherwise indicated:

Christie’s Lot 15 Norman Rockwell What Makes it Tick, aย 1948 oil on canvas, sold for 6.2millionย  (just above its pre sale high estimate, 4 million to 6 million) which came to $7,287,500 after buyer’s premiums were factored. Rockwell’sย Returning from Camp fetched 1.9 million. A Winslow Homer Tynemouth watercolor fetched a hammer price of $170,000, above its presale estimate range of 100,000-150,000. The Martin Johnson Heade failed to sell; the Milton Avery self portrait went for $45,000 at the gavel drop; and the Paul Manship sculpture was unsold, bidding failing to climb past $240,000 (pre sale estimate was $300,000 to $500,000.)

Norman Rockwell. Girl Returning from Camp. 1940. Christie’s presale estimate is 2 million – 3million
Milton Avery, Self Portrati and Still Life (a double sided work) oil on board, ca.1930s, 20 in x 15 in (Christie’s presale estimate is $60,000-$80,000)

 

Berkshire Museum on hold, but James Prendergast Library a go

Posted on by Catherine

On November 21, 2017, Sotheby’s (New York) will be holding a European sale and Christie’s (New York) will be holding an American sale. Both auctions feature works by artists with ties to Gloucester and neighboring shores, among them:

Christies Martin Johnson Heade 1819 to 1904 Haystacks oc 1878-1892 est 120 to 180000
Martin Johnson Heade (1819-1904) Haystacks, 1878-1892, oil on canvas, (Christie’s presale estimate $120,000-$180,000)

Paul Howard manship 1885-1966 Lying Doe cas 1932 est 300 to 500000
PAUL MANSHIP (1885-1966), Lying Doe, ca. 1932 (Christie’s presale auction estimate $300,000-$500,000)

There are a few Norman Rockwell works, including the classic What Makes it Tick (The Watchman), a 1948 commission for the watchmakers of Switzerland, oil on canvas. Christie’s presale estimate is 4 million – 6 million.ย Christie’s is offering a Cecilia Beaux 1916 portrait in its American online auction, ending tomorrow as well. It’s titled Mrs. Albert J Beveridge (Catherine Eddy/Lady Primrose) and measures 57 x 38. Bids open at $12,000 on this Beaux.

NORMAN~1.JPG

Milton Avery, Self Portrati and Still Life (a double sided work) oil on board, ca.1930s, 20 in x 15 in (Christie’s presale estimate is $60,000-$80,000)
Cecilia Beaux, 1916 portrait of Mrs. Albert J Beveridge Christie’s online American auction ends Nov 21 2017 bids open at $12,000
Norman Rockwell. Girl Returning from Camp. 1940. Christie’s presale estimate is 2 million – 3million

 

Sotheby’s Nov 21 Auction a tale of two AGOs

The Berkshire Museum story has several updates. As a reminder, the Massachusetts Appeals Court ruled last week that the Berkshire Museum could not sell its artworks on consignment with Sotheby’s until the courts settle. The Berkshire Museum is pushing for an accelerated court case. They have issued a press release which I’ve posted below the break. One trustee has quit in protest of the Museum’s intent to sell. The Massachusetts Attorney General office filed responses. It’s been reported that the AG is repeating unanswered requests for archives, financial papers and other material as well as questions related to museum contruction projects completed by another board member (speculating unconfirmed reports of conflict of interest.) Official filings and documents from both sides have been shared with media outlets. The injunction decision impacted Sotheby’s American and Impressionism & Modern art sales last week, and its European sale tomorrow only in that there are fewer lots for sale.ย The cover of tomorrow’s European sale catalogue featured a Berkshire Museum painting, Lot 18 now unavailable.

x LOT 18 Berkshire Museum Bouguereau featured on the cover of the Sotheby's catalogue 70 lots Nov 21 sale L'Agneau Nouveau-Ne THE NEWBORN LAMB oc 65 x 34 est 1500000 to 2mil.jpg
Sotheby’s lists Lot 18 as “upcoming” sale. Bouguereau L’Agneau Nouveau (The Newborn Lamb) oil on canvas, 65 in x 34 in (Sotheby’s presale estimate 1.5million to 2 million)

 

Additional Sotheby’s Berkshire Museum lots described as “upcoming”, on hold till the courts decide:

 

Sotheby’s European sale features fine art consigned from another public repository: the James Prendergast Library, Jamestown, NY. Unlike the Berkshire Museum, the libraryย attempted to maintain its collection, but was unsuccessful. It did not receive as much press as the Berkshire Museum brouhaha. The New York Times ran a story this weekend, too little too late for any with aims to hold on. According to the article, the library had even lined up angel collectors willing to buy the great works to ensure they remained in Jamestown, NY.

“Some critics of the sale are particularly upset that the library rejected a plan by two art patrons, Cathy and Jesse Marion of Houston who had proposed keeping the collection in Jamestown by buying about 40 of the works for $1.2 million and finding a new home for them in the city.”ย 

The New York State Attorney General’s office declined this proposal, instead requiring that the library sell at public auction.

“Mr. Rankin said the library had to pass on that offer because the New York State attorney generalโ€™s office, which oversees nonprofit organizations, had objected to a private sale without testing whether the paintings might actually bring in more if sold through public auction.”

The library founders made careful selections amounting to an encyclopedic world tour of artists and contemplative, dreamy scenes to enrich the experience of patrons of all ages. They are fascinating together.ย I love this beguiling and chatty magpie narrative!

James Prendergast Library Jehan Georges Vibert Le Nouveau commis oil on panel est 30 to 40000
James Prendergast Library collection: Jehan Georges Vibert Le Nouveau commis oil on panel. Sotheby’s Eurpean pre sale estimate is $30,000- $40,000

 

More works to be sold at Sotheby’s to benefit and from the James Prendergast Library collection

 

Continue reading “Berkshire Museum on hold, but James Prendergast Library a go” →

$400,000,000 Leonardo da Vinci Salvator Mundi record price at Christie’s Auction tonight!

Posted on by Catherine

250px-Leonardo_da_Vinci_or_Boltraffio_(attrib)_Salvator_Mundi_circa_1500

Confidence was in the room for the Leonardo da Vinci (1452-1519), Salvator Mundi, painting which climbed from a starting bid of $75,000,000 to $400,000,000 (hammer price) at Christie’s Contemporary art sale Wednesday, November 15, 2017. The Mona Lisa value has climbed tonight as well.

The buyer’s premium for Salvator Mundi will bring the sale to $450,312,500.

Hammer price is the highest bid announced by the auctioneer just before the gavel drops. Additional charges include fees such as buyers premium, taxes, etc added to the hammer price.

Prior record private sales for a William de Kooning (Interchange)ย and Paul Gauguin (Nafea Faa Ipoipo)ย reached 300 million. This Christie’s auction sale is public.

The da Vinci was the 9th lot in a sale featuring 58 lots. Prior to the da Vinci excitement a Kerry James Marshall did quite well.

Live Sale still in process. Hammer prices so far

1B Adam Pendleton $180,000
2B Philippe Parreno $420,000 (est $250,000-$350,000 )
3B Kerry James Marshall $4.2 million (est. 1-1.5 million)
4B Frank Stella $3.2 million (est 2.2 – 2.8 million)
5B Eva Hesse $900,000 (est $800,000-$1.2 million)
6B Rothkoย  $28.5 million (est $25 million – 35 million)
7B Bourgeois $7.5 million (est $10 million-$15 million)
8B Vija Celminsย  $3,500,000 (est $1,500,000-2,500,000)
9Bย  ย LEONARDO DA VINCI
10B Jean Michel Basquit PASSED
11B Keith Haring sold $3,500,000
12B John Currin PASSED
13B Andy Warhol sold $56,000,000

28B Milton Avery Pale Field, Dark Mountain 1959 approx 40 x 54 oilย  hammer price was $1,300,000

Milton Avery.jpg

 

 

 

 

 

Sotheby’s auction tanked as Berkshire Museum art yanked & Paul Manship sculpture soared past estimate

Posted on by Catherine

The November 13, 2017 evening art sales –counting buyers’ premiums–totaled nearly $500,000,000ย  between two major NYC auction houses:ย Sotheby’s American Art sales wereย $19,407,375 andย Christies Impressionism and Modern Art sales were $479,000,000 million.

The Sotheby’s sale was unusual because 7 of its 84 star lots were withdrawn just before the auction, a result of the Berkshire Museum litigation. (The combined conservative value of potential sales for the museum lots was $30,000,000 at the low presale estimate range. If the art is sold in the future its value will be more because of the increased familiarity.) Other Sotheby’s lots went unsold.ย Two Norman Rockwell works surpassed their estimates.ย  Of note for Gloucester artists fans, Paul Manship’s sculpture heavily surpassed its estimate. One Milton Avery sold within its estimate range while a second went unsold. There was a selection of original and rare Paul Manship sculpture for sale in Gloucester this summer (here’s the link).

Manship sold above estimate.jpg
detail of Paul Manship (1885-1966)ย ย Diana, 1921, which sold for $975,000 at Sotheby’s on November 13, 2017ย ย (hammer Price with Buyer’s Premium) Sotheby’s presale estimate was $400,000-$600,000

Christies sale night had several surprises including records for Leger ($71,000,000)

Christies Leger record breaker Fernand Lรฉger (1881-1955), Contraste de formes, 1913. 36โ…œ x 28โ…ž in (92.4 x 73.2 cm). Sold for $70,062,500 in the Impressionist & Modern Art Evening Sa

and a gorgeous Vuillard,

Vuillard

and big bidding for Van Gogh ($81,000,000 million).

Vincent van Gogh (1853-1890), Laboureur dans un champ, painted in Saint Rรฉmy, early September 1889. 19โ…ž x 25ยฝ in (50.3 x 64.9 cm). Sold for $81,312,500 in the Impressionist & Modern

Christies superstar Fall lot is still to come and in all the news: Salvator Mundiย –attributed to Leonardo da Vinci– will be sold in the contemporary sale alongside Warhol tomorrow. It’s been for sale since it was rediscovered in the oughts, but no museum purchased it and experts debate its hand and condition. The opening bid for the “lost Leonardo” will be $100,000,000. A Jean Michel Basquit sold for $110,500,000 last May. Christie’s marketing hype video “The Last da Vinci…”

 

 

Return of the Magnificent 7: Healy halts Sotheby’s from selling Berkshire Museum art

Posted on by Catherine

For now, PASS!

On Friday November 10, 2017, Massachusetts Attorney General Maura Healy responded to Judge Agostini’s November 7th decision greenlighting Sotheby’s sale. The Massaschusetts AGO appeal reversed the decision, ultimately procuring an injunction from Judge Trainor, Massachusetts Appeals Court.ย This 11th hour move will not be the last word on the case, though it scuttles any scheduled sale prior to December 11 (with allowances for extensions to build the case.)

Meanwhile, on Monday, November 13, 2017, collectors can purchase Martin Johnson Heade’s Crimson Topaz Hummingbirds and 76 major American paintings at Sotheby’s. The Sotheby’s sale originally featured 84 lots.ย Norman Rockwell’s Shuffleton’s Barbershop, and 6 more of the Berkshire Museum 40, will not be sold, yet.

No bidding No sales for these 7 Berkshire Museum Sotheby’s lot 10 – lot 16:

Berkshire Museum Albert Bierstadt Connecticut River Valley Claremont NH Sothebys Lot 15
Albert Bierstadt Connecticut River Valley Claremont NHย  temporarily remaining collection Berkshire Museum

Berkshire Museum Augustus Saint Gaudens Diana of the Tower 1899
Augustus Saint Gaudns Diana of the Towerย  temporarily remaining collection Berkshire Museum

Berkshire Museum George Henry Durrie Hunter in Winter Wood Sothebys lot 11
George Henry Durrie Hunter in Winter Wood temporarily remaining collection Berkshire Museum

Berkshire Museum John La Farge Magnolia Sotheby's Lot12
John La Farge Magnoliaย  temporarily remaining collection Berkshire Museum

Norman Rockwell Blacksmith 1940 Berkshire Museum potential Sothebys sale
Norman Rockwell Blacksmith’s boy 1940

Berkshire Museum Thomas Wilmer Dewing The White Dress Sotheby's Lot 13
Thomas Wilmer Dewing The White Dressย  temporarily remaining collection Berkshire Museum

shuffleton-s-barbershop-1950

Martin Johnson Heade Crimson Topaz Hummingbirds Nesting near a Palm tree o c 13 x 11 ca1865 est 150 to 200 thousand Sothebys
This one you can buy; it’s not from the Berkshire Museum. Martin Johnson Heade Crimson Topaz Hummingbirds Nesting near a Palm tree oil on canvas, 13 x 11, ca1865, Sotheby’s presale estimate is $150,000 to $250,000. Heade painted Newburyport and area great salt marsh scenes

Continue reading “Return of the Magnificent 7: Healy halts Sotheby’s from selling Berkshire Museum art” →

Attorney General APPEALS @BerkshireMuseum Judge Agostini decision, & Sotheby’s sale is HALTED

Posted on by Catherine

INJUNCTION!

Shuffleton sleuthing
Sotheby’s catalogue entry for Norman Rockwell Shuffleton’s Barbershop

 

Massachusetts Attorney General Maura Healy responded Friday November 10, 2017

Appeal trail underway then Injunction granted for Monday’s Sotheby’s sale

  1. 11/10/2017ย ย Motion for stay under M.R.A.P. 6(a) filed by Maura Healy.
  2. 11/10/2017ย Memorandum of law in support filed for Maura Healy
  3. 11/10/2017ย Record Appendix Volume I filed by Maura Healy
  4. 11/10/2017ย Record Appendix Volume II filed by Maura Healy
  5. 11/10/2017ย IMPOUNDED Record Appendx filed by Maura Healy
  6. 11/10/2017ย Response to Motion to Stay, filed by Tom Patti, Tom Patti Design LLC.8
  7. (none)
  8. 11/102017 Motion to exceed page limit filed for Trustees of Berkshire Musuem by Attorney William Lee.
  9. 11/10/2017 Opposition to Motion to Stay, filed by Trustees of Berkshire Musuem.
  10. 11/10/2017 Supplemental Record appendix filed for Trustees of Berkshire Musuem
  11. 11/10/2017ย ORDER: The motion for a stay pending appeal pursuant to Mass. R. App. P. 6(a) from the November 7, 2017, order of the Superior Court denying the request for a preliminary injunction, is allowed. The Attorney General’s Office shall forthwith file a notice of appeal in the Superior Court if it has not already done so. The Attorney General’s Office shall file a status report on or before December 11, 2017, regarding the status of the appeal. (Trainor, J.). Notice/attest/Agostini, J.
  12. 11/10/2017 ORDER: After reviewing the parties’ submissions, the request for a preliminary injunction prohibiting the defendant, Trustees of the Berkshire Museum from selling, auctioning, or otherwise disposing of any of the artworks that have been listed for auction commencing on November 13, 2017, is allowed. The balance of the risk of irreparable harm to the petitioner and the respondent in light of each party’s chance of success on the merits weighs in favor of the petitioner. Packaging Industries Group, Inc. v. Cheney, 380 Mass. 609, 615-617 (1980). The injunction shall expire on December 11, 2017. Prior to the expiration of the injunction, the Attorney General’s Office may move to extend the injunction with a date certain by which the investigation will be completed. (Trainor, J.). Notice/attest/Agostini, J.

This 11th hour move is not the last word on the case.ย  Stay tuned!

On Monday, November 13, 2017, collectors CAN purchase Martin Johnson Heade’s Crimson Topaz Hummingbirds from Sotheby’s.

But not Norman Rockwell’s Shuffleton’s Barbershop, or any of the Berkshire Museum 40, for now.

Martin Johnson Heade Crimson Topaz Hummingbirds Nesting near a Palm tree o c 13 x 11 ca1865 est 150 to 200 thousand Sothebys

Continue reading “Attorney General APPEALS @BerkshireMuseum Judge Agostini decision, & Sotheby’s sale is HALTED” →