ࡱ> WYV5@`bjbj22"bXX.H `(c" $R <8Qcc8T Pkh0II"Ir  88$ Restitution of Books at the Jewish Museum in Prague the Kartagener Case as an Example As a result of complicated historical events, there are books in our collections that did not originally belong to the Jewish Museum in Prague (hereafter the Museum). This is why, in 2001, the Museum launched an extensive and long-term project Identifying the Original Owners of Books. For more on the composition and putting together of the book collection, see: Buek, M.: Identifying Owners of Books Held by the Jewish Museum in Prague in Vitalizing Memory: International Perspectives on Provenance Research (Washington 2005) and Buaek, M.:  Identifikace povodnch vlastnko knih vkni~nm fondu }idovskho muzea vPraze in Budoucnost ztracenho kulturnho ddictv [The Future of the Lost Cultural Heritage] (Prague 2007). Also see Braunov, A., The Origin of the Book Collection of the Library of the Jewish Museum in Prague in Judaica Bohemiae XXXVI and the catalogue for the exhibition at the Robert Guttmann Gallery, Hope is on the Other Page (Prague 2007). The first phase of the provenance research was carried out between May 2001 and October 2003. During this phase, 80,527 books were examined, of which nearly 34,000 contain owner records (of individuals or institutions). For more on the details of the research, see the afore-mentioned papers. The project continued with the second phase, which was launched inMay 2008 atthe SpoYilov (Prague) depository, where books that were shipped to the Museum from the Terezn ghetto after the WW II are kept. These books were catalogued there by a special work group (the Talmudkommando), which marked them with the letters Jc; according to this mark, we can now place these books in a historical context. Research is being undertaken in a similar way as was done in the first phase, but now once a week rather than everyday. To date, 5,798 of the approximately 30,000 books have been examined; 4,982 of these contain owner records. About4,700 of these books belonged to institutions, only about 280 to individuals. The latter are those who can put forward a restitution claim, provided they meet the Terms for the filing of claims for the restitution of books from the library collection of the Jewish Museum in Prague which were unlawfully seized from natural persons during the period of Nazi occupation (hereafter the Terms), which came into effect inJuly 2007. The full wording of the Terms is available on the Museums website at  HYPERLINK "http://www.jewishmuseum.cz/cz/czczrestit.htm#6" http://www.jewishmuseum.cz/cz/czczrestit.htm#6. As of 16 June 2009, a total of 38,961 entries have been placed in the database; of these, 26,744 are marked as belonging to institutions and 12,743 are marked as belonging to individuals. I would now like to mention a specific case where books have been returned to the original owners or their heirs on the basis of provenance research. It was only after the adoption of the Terms that the Museum could register a claim from the descendants of Naftali Zvi Kartagener for the return of books originally owned by Mr. Kartagener. The heirs first contacted the Museum inthe 1990s, when Mr. Kartageners daughter asked the library staff whether books belonging to her father were in the Museums book collection. In the period before 2001 it was not possible to answer questions concerning the origin of the books. As the collection was not fully accessible, it was practically impossible to research it. Provenance research began only after quality depositories had been built, and this resulted in a database of the original owners of books. We respond to questions concerning the presence of books belonging to specific persons in our collections on the basis of information included in the database. If such books are found, a report is drawn up for the Restitution Commission, which, subsequent to the request being approved, recommends that the restitution claim be registered and presents it to the Administrative and supervisory boards for approval. The claim is positively evaluated if the Terms are met. In the Kartagener case, the restitution claim was for five books and was registered on 7 June 2007. After a period of one year, the Terms were met and Mr. Kartageners books were handed over to his heirs in September 2008. The list of restituted books is available on the Museums website at:  HYPERLINK "http://www.jewishmuseum.cz/cz/czczrestit.htm#8" http://www.jewishmuseum.cz/cz/czczrestit.htm#8 From the Museums perspective, these are not rare books whose restitution significantly hampers the quality of the library collection. However relevant such a perspective may seem to the Museum, it is not taken into consideration in connection with restitution. Each restitution claim is evaluated in a comprehensive way. Rare printed books and rare editions are the only items that we try to keep in our collections, but this is a matter of agreement between the restituent and the Museum, which always fully respects the decision of the new owner. In connection with the afore-mentioned case, I would now like to touch upon the most basic and most frequent problems that we can encounter when dealing with restitution claims. If an heir requests that we carry out provenance research, it is always beneficial if we have available more detailed information about the person in question, the places of residence or the signature of the owner. A clear restitution claim is not even proved by a correspondence of names, if no further accurate information is known. We encounter such cases most frequently with German names. In order to prevent a breach of the property rights of another owner, we cannot put such a book forward for restitution if we are not certain that the individual in question can be demonstrably identified. This is why we prefer to keep such a book in our collection withan awareness that it cannot be proved who the original owner is. We opt for the same procedure for books whose last owner cannot be reliably determined. In many books, the names of two or more people are included in an owner record. In such instances, it is not within the Museums scope to determine the name of the very last owner from whom the book was confiscated. Such an instance occurred in the Kartagener case. As part of our provenance research, we identified a total of 13 books where N.C. Kartagener appeared as an owner. It was possible to clearly identify Mr. Kartageners ownership of only five of these books. The name of another owner appeared in the other books, which is why they remained in our collection and were not restituted. The problem in identifying names is something we encounter with hand-written marginal notes or signatures. Oftentimes, the records pertaining to ownership are illegible, the handwriting cannot be deciphered and the form of the name cannot be accurately determined. In such cases, the owner remains unidentified in the database, although the language of the record and any legible information are included in a note. In the future, such books will be included in the unrestitutable category and will be kept in the Museums care. As ofthe 15th of June 2009, we have been unable to identifythe owners of 579 books. As is known, the Museum restitutes only objects or books that were owned by individuals prior to confiscation. A legal framework has not yet been put in place for the restitution of items to foreign corporations, which means that these items also remain in the Museums care. When carrying out provenance research, we do not take into consideration the presence of an owner record by an individual person if there is also a record of the book in question by an institution. In the database of owners we only add an entry on the institution, which may in the future prove acquisition of the book. The records in the Museums wartime (German) catalogue which are related to objects and books are of importance when determining the provenance of books that were acquired during the World War II. If a record in this catalogue includes the name of an organization or association as its provenance rather than the name of a person, the Museum regards the book as the property of an institution rather than an individual, even though the owner record clearly refers to a private person. Despite the supposition that the owner probably left the books with a particular institution for safekeeping and that this institution later, during liquidation, had to hand them over to the Museum, the rule is that the items shall remain in the Museums care if ownership by an individual cannot be fully proved. After the Museum was privatized in 1994, all the assets of the inter-war Jewish organizations in Bohemia and Moravia were transferred to the Federation of Jewish Communities in the Czech Republic, which is their legal owner. The items registered in the Museums collections are in its care. As for the future, the question is whether and how the ascertained information will be made available to the general public. The Museum certainly expects to havea website presentation of its database of original owners, but the specific form of such a presentation has not yet been determined. The project is still ongoing, which is why the information is not yet publicly available; in response to queries, however, we check the current database and look up the relevant information, which serves as documentary material in the event of restitution. The database of owners was originally created using Microsoft Access. The appearance of the original database and the work on it have also been presented to specialists at conferences and at a workshop in the Museums Library. After lengthy considerations, however, it was decided that this database was unsuitable for the requirements of future website presentations. The technical processing and editing of data was not only time-consuming, but above all expensive. The possibility of using the Aleph electronic library system, which is in use at the Museum, was then offered. Aleph was developed inIsrael and enables the processing of Hebrew books, which is ideal for the Museum in view of its focus. This system is used by many public and specialist libraries in the Czech Republic and abroad and it is easy to search and share information about books using its online database. We intend to make use of this service particularly when entering information about books that will be part of a record pertaining to ownership. The entries can be supplemented by illustrations, which we plan to add to owners (scans of stamps, signatures and ex-libris, etc.) but also to the actual books (title pages). The original database was transferred to the Aleph system by members of the Library staff. For restituted books, the entries have been completed and supplemented by all the data and illustrations that we are presenting here for clarification. For the time being, the other entries include information about the location and registration of the relevant items, the name of the owner and the kind of the ownership. Obviously, the entire project is very expensive, time-consuming and labour intensive. In the first years, the Museum fully covered all the expenses associated with the project. For the ongoing part of the research (books fromTerezn), we have managed to gain financial support from the Conference on Jewish Material Claims against Germany, Inc. New York. 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