News Page of the Antique Tribal Art Dealers Association,Inc. (ATADA)

Recently, we and some other experienced dealers have been shown textiles done in a Navajo style and pattern, supposedly from the 1875 - 1940 time period. These textiles can pass as Navajo in a photograph or from a distance, and in many cases even contain lazy lines, but upon closer inspection there are technical elements that identify them as being neither Navajo nor antique.

Many of the weavings that have come on the market recently have been copied from books, with pieces from the William Randolph Hearst collection and from Navajo Pictorial Weaving 1880 - 1950, the book by Campbell and Kopp, being particularly well represented. They are usually copied with very small differences but the major details are the same as in the published images. Many have originally surfaced on internet auction sites before passing into the antique American Indian art mainstream through people who, in many cases, are unaware of the problem.

Navajo-style weavings done by other cultural groups are not a new phenomenon, but the recent introduction of textiles from Eastern Europe and other overseas areas has been troubling. Some of these pieces, such as the Teec Nos Pos style weavings sold in some retail outlets in the Southwest, are marketed as non-Indian and are perfectly acceptable as derivative contemporary rugs. The copies we have seen recently, however, are being sold as genuine antique Navajo pieces, sometimes by people who do not know any better.

Without exception, the wool used in these weavings is a very hard and scratchy type that has none of the smoothness of typical Navajo wools but is more suggestive of a kilim type. There are other more technical aspects that are inconsistent with older Navajo weavings, and we would be happy to discuss these differences with ATADA members.

If these forgeries enter the mainstream market under the guise of genuine antique Navajo textiles, a great deal of harm will be done to a robust and vibrant market and to the textile dealers who market the real antique pieces.

We ask that all of our fellow dealers keep an eye out for these non-Navajo weavings and try to make sure they are sold as what they truly are. These forgeries are virtually impossible to discern from a photo or on line image. Always obtain a written guarantee of authenticity on every purchase or have them inspected by a knowledgeable expert PRIOR to purchase. The Department of the Interior or the FBI are probably the appropriate government agencies to contact in regard to any perceived improprieties in regard to the authenticity of any article represented as being of Native American manufacture.

Steve Begner, Turkey Mountain Traders

Tyrone Campbell, Tyrone D. Campbell, Inc.

Mark Winter, Historic Toadlena Trading Post

Stolen Artifacts Recovered

On February 1, 2003, a collection of 36 major Plains Indian artifacts was stolen in Colorado. On February 4, a notice and photos were posted on the ATADA Theft Alert page. On March, 24, 2003 we received the following e-mail from the owner alerting us to the fact that these artifacts have now been recovered -

From: A Colorado Collector

To: Webmaster@ATADA.org

Date: Monday, March 24, 2003, 2:01:44 PM

Subject: Artifacts recovered

===8< ==============Original message text===============

Dear Arch,

The saga of the 36 stolen artifacts we listed with you earlier in February has had a wonderful turnabout. THEY HAVE BEEN RECOVERED. The case is still in process, but at least the objects are safe. The whole episode has been traumatic to say the least but the wonderful spirit and work of ATADA brought us a little peace of mind and hope amidst it all. I also believe that the community of dealers and associates helped initiate the turn of events.

Would you be able to place a large notice to members on the site to let them know the items have been recovered? How do you suggest this appear?

Perhaps you could keep the photos with a large type stamp over them saying recovered. You are the webmaster so I will leave that up to you. I do know that members have studied these items and put great effort towards their return for which we are eternally grateful.

As always, anonymity is of highest concern. David Cook, David Fine American Art, is still the contact on this matter.

You and ATADA confirm that there is no substitute for good people, and that our friends and colleagues in this world of Native American Art are a family. Thanks so much. I will be in touch as the story unfolds. So far, we are incredibly LUCKY.

Sincerely, A Colorado Collector

==============End of original message text===========

For more details and photos of the recovered items, please check our Theft Alert page.

Thank You from Fruitlands Museums

Fruitlands Museums

102 Prospect Hill Road,

Harvard, Massachusetts 01451

www: http://www.fruitlands.org

On behalf of the Fruitlands Board of Trustees, I would like to thank you for your most generous donations of $1,000 in support of the Native American collection. Our new Indian Museum exhibit Objects & Meaning is a resounding success. Members and visitors have made it a point to tell me, " This exceeded our expectations and the exhibit was beautifully presented" and " The voices add such depth while inviting us to respond also." Mike Volmar continues to offer creative solutions - from the interpretive kiosk to improved storage - that allow us to maximize the reach of this important and popular collection. Again, thank you for your generous support of Fruitlands Native American collection. Sincerely yours, Dennis F. Murphy III, President
Board of Trustees Mr. Murphy added a hand-written note next to his signature: " The most precious gifts are unexpected."

Thank You from Newcomb High School

Barbara Thomas of Newcomb High School on the Navajo Reservation sent this letter thanking ATADA for our $1,000 donation to the school's weaving program. ATADA has an annual giving program Newcomb High was one of the 2002 recipients. Here is the text of the letter:

Dear ATADA:

I would like to thank you on behalf of our student(s) at Newcomb High. We have been pleasantly surprised at the support our weaving program has received from the students, the school, the parents, the community, and many benefactors such as you. Your generous donation of $1,000 is the largest gift we have received and we appreciate it so much.

Our weaving program is growing every year. Two years ago it started when I took a weaving class at the UNM Gallup campus. Some of the girls in my art class decided they wanted to weave too, so I would come to school every Monday and tell them what I had learned on Saturday. It was fun and several wanted to take weaving as a class the next year so we started a class of nothing but weaving. It was successful, so this year we added a class and Mark Winter helped me find Rose Blueeyes to help us with the finer points. The quality of the rugs has really gone up and now she is teaching to card wool and spin it in the traditional way. We even went on two field trips to shear sheep. The sheep's owners gave us the wool for helping them shear, and the students enjoyed it very much, though it was a lot of work. We hope to continue this project and see it grow in the future. It is very satisfying to see the students continuing their tradition, and they also have a lot of pride and satisfaction in themselves. The older people in the community are very proud of them also as many people here have not continued this tradition and there is concern that eventually no one will weave anymore. We hope our project will be part of a solution to that concern.

Thank you again.

Sincerely,

Barbara Thomas

News Flash - Treaty Expires!

On Apr. 9, 2002, the Bilateral Agreement on Archaeological & Ethnological Materials between the US and Canada expired and was not renewed. It was announced in a one line notice on a chart on the CPAC website http://exchanges.state.gov/education/culprop Thanks to everyone for a job well done!

From the President...

Most of you are already familiar with the Kornwolf legal case, in which Tim Kornwolf pleaded guilty to charges of offering for sale Indian items containing feathers protected under the government's eagle and migratory bird acts. These items had been in his family's possession since well before the enactment of the " feather laws."

It is the intention of Kornwolf and his attorney to appeal the case to the United States Supreme Court. The ATADA Executive Committee strongly supports this appeal process and feels this case to be the best opportunity to overturn what has long been a nightmare for dealers and collectors of antique tribal art.

Many of you have already contributed money to this battle. This time, ATADA is asking for a donation of an item of American Indian art which will be auctioned as part of the Allard Auction on August 10 and 11 at La Fonda Hotel in Santa Fe. We request that all items have a combined retail value of not less than $1,000. Because ATADA now qualifies as a charitable foundation, all donations are tax deductible. Our goal is to raise between $50,000 and $80,000 to help cover the legal expenses incurred in the appeal process.

Please help us protect the future of collecting and dealing in antique tribal art.

Christopher Selser

ATADA Executive Committee Meeting Minutes

February 21, 2002

San Rafael

Present:

Bob Bauver

Merrill Domas

Roger Fry

Bob Gallegos

Toby Herbst

Alice Kaufman

Ramona Morris

Chris Selser

Terry Schurmeier

Marti Struever

Arch Thiessen

Kornwolf appeal status and fund raising auction for follow-up appeal:

Roger Fry told the committee that the court's prior decision had been upheld " in view of the Allard case which the Supreme Court addressed in 1979." The Court of Appeals, Fry said, was leaving it up to the Supreme Court to reverse their 1979 decision. " The case needs to go forward," Fry said, which, iof course, costs money. " Even if the Supreme Court doesn't take the case," he added, " the issue is still spotlighted, and then it will be up to the legislature." Bob Gallegos said that Doug Allard will help ATADA raise money for the Kornwolf defense by allowing ATADA to benefit their legal defense fund by selling 75 - 100 lots (each with a $1,000 minimum value) at his August 10 - 11 auction at La Fonda in Santa Fe. These contributions will be tax-deductible. " We must continue to go through the legal process," said Fry. " We'll have no other opportunity in our lifetimes."

Josh Baer update:

Chris Selser told us that Josh's trial date had been postponed, and that an article about the case had appeared in the Albuquerque Journal on February 18. He also said Josh was hoping to settle out of court.

UNESCO Canada/US treaty meeting

Ramona Morris told us about her testimony at the UNESCO Canada/US treaty meeting in Washington DC. Her testimony and her comments on the meeting are in this issue of the Newsletter. Bob Gallegos reminded the Executive Committee that ATADA can be a thorn in the government's side, and that they think we are a large and powerful association. " Let's build our membership to 1,000," he said.

Possible recipients for ATADA scholarship and museum endowment

Bob Bauver discussed possible recipients for ATADA scholarship and museum endowment. Now that ATADA has legal charitable status, all donations are tax-deductible, and ATADA can give to individuals and to non-501-C-3 entities. For this reason, it was proposed and passed that ATADA shift its scholarship and endowment funds to the Foundation account. Possible endowment recipients mentioned included the Fruitlands Museum in Massachusetts and the Wisconsin State Historical Society. Additional candidates have been proposed since the meeting. Bob Bauver and Marti Struever will discuss and decide.

Full Member vs. Associate privileges

Bob Bauver also discussed Full Member vs. Associate privileges for the board to approve and to print in the Newsletter (lists of membership priviliges follow these minutes).

Future ads in American Indian Art and The World of Tribal Arts magazines?

Future ads in American Indian Art and The World of Tribal Arts magazines were also discussed. It was decided that Toby Herbst and Alice Kaufman would create a half-page ad for American Indian Art.

Newsletter on the Web?

Arch Thiessen asked it portions of the Newsletter could be supplied to him in advance of publication for the website, which will happen.

ATADA Foundation

An ATADA Foundation report and meeting with Foundation board members Chris Selser, Bob Gallegos, Bob Bauver and Roger followed the general meeting.

ATADA Membership Privileges

Full

Associate

Receive Newsletter Receive Newsletter

Listed in Directory (with business specialties, etc) Listed in Directory (name and address only)

Listed on website (with photo, business specialties, website link, email link, etc.) Listed on website (with name and address only)

Collection insurance coverage Collection insurance coverage

Inventory insurance coverage No inventory insurance coverage

Voting privileges in ATADA elections No voting privileges

Eligible to be on board of Governors Not eligiblt to be on board of Governors

Eligible to serve on committees Eligible to serve on committees

Eligible to chair committees Eligible to chair committees

May contribute to resource archive May contribute to resource archive

May exhibit at any ATADA-sponsored
event May exhibit at any ATADA-sponsored
event

May use ATADA logo on advertising,
letterheads, etc. May not use ATADA logo

Bob Bauver reviews Cindra Kline's new book on Navajo Spoons

Navajo Spoons: Indian Artistry and the Souvenir Trade, 1880s - 1940s by Cindra Kline (Museum of New Mexico Press, Santa Fe, 2001)

Since John Adair's landmark study on Navajo and Pueblo silversmiths in the late 1930s, there have been a number of overviews written on the subject. Spanning the history of the craft from its nineteenth century beginnings to the current present of those writings, these studies have traced the major stylistic changes and forms for the periods they cover. Complete as these efforts have been, by the enormity of their scope, certain areas have at times only been given passing notice.

At this point in the ongoing study of the art and history of the region, it is necessary to focus attention on specifics. Cindra Kline's new book on Navajo spoons does just that. Regarded as purely tourist items, early Navajo silver spoons were largely ignored by the serious scholars and aficionados of the craft. The fact of the matter is that this is exactly the case. Navajo spoons were the native version of the souvenir spoons so avidly sought out by travelers caught up in the spoon collecting mania of the late nineteenth and early twentieth centuries. Made at the same time and by the same techniques as the prized bracelets and concho belts, these spoons hold the same place in the history of the art as does the more highly respected jewelry.

Researching examples in private and museum collections throughout the country, Cindra provides the reader with a history of the object from its naive beginnings and traces spoons through half a century of development, ending just before World War II. Illustrated with many previously unpublished photos, the highly imaginative aspect of these spoons is well documented.

The book also contains a substantial body of well-researched facts and information, making it an excellent addition to the library of both the advanced and beginning collector.

Bob Bauver

Web Committee Report

Check your e-mail address and web site URL. In the next few weeks, the annual ATADA Directory will be published. We take corrections from the Directory and make the same changes to the web page listings. If there is an error in the directory, it will also appear on the web site. As many e-mail addresses have changed recently, please be sure that you report your current e-mail address and web site URL to ATADA this year.

Early in 2001, we completed our project of posting the articles contained in past ATADA Newsletters on our Resource Archives page. We are actively searching for additional articles that may be of value to the collecting public that would be appropriate to add to this page. We would welcome contributions by members, either in the form of older articles or new, unpublished material. Please bring these to the attention of Alice Kaufman.

The ATADA Calendar page has been expanded to include more listings. If you have a favorite show, auction, or sale that is not listed, please bring the omission to the attention of Alice Kaufman.

We are actively soliciting suggestions for improvements to the ATADA website. Suggestions are welcome at any time.

Arch Thiessen, Web Committee Chair

Legal Committee Report - The Kornwulf Case

Members of the Antique Tribal Art Dealers Association know that the United States government has taken the position that it is illegal to buy or sell antique American Indian artifacts containing the feathers of eagles or other migratory birds even if the feathers came from birds many years before they were first subject to federal protection. This has been the firm position of the government ever since the Secretary of the Interior won a case in 1979 against Doug Allard and other dealers in the Supreme Court called Andrus v. Allard.

In the Allard case the Supreme Court interpreted the Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act to prohibit all purchases and sales of the feathers and other parts of the birds no matter when taken. The Court recognized that Congress in the legislative history of the acts did not explain why it was taking such draconian actions. Justice William Brennan, writing for the Court, speculated that Congress might have been concerned that unscrupulous dealers would pass new eagle feathers off as old feathers without detection and thereby create incentives to kill the protected birds.

The Supreme Court in Allard acknowledged that Congress could have chosen means to protect eagles and other migratory birds that were less burdensome on the owners of antique Indian artifacts than a total ban on sale, such as requiring documentation and appraisal of feathered artifacts. But the Court concluded, " Congress was free to choose the method it found most efficacious and convenient."

The Supreme Court in the final pages of its opinion considered whether its interpretation of the two statutes resulted in the government taking private property for public use without compensation in violation of the Fifth Amendment to the Constitution. The Court concluded that any monetary loss was one that the dealers would have to bear as good citizens and there was no obligation of the government to compensate them.

Over two decades have passed since the 1979 Allard decision. During that period the Supreme Court has changed its approach to " takings" of private property by government regulation. The Supreme Court is no longer as deferential, as it was in Allard, of governmental regulations that destroy the economic value of private property. The Fifth Amendment is now understood to require that the law " substantially advance" the government's objective, not simply that it be efficacious and convenient. The Supreme Court has further held that, even if the law meets the " substantially advance" test, the law is unconstitutional if it destroys the economic value of the private property (unless the property is a " nuisance," which is clearly not the case with antique Indian artifacts). The prohibition of the sale of antique artifacts destroys their economic value when there are no realistic alternative uses of the artifacts that are income-generating.

Justice Brennan in his Allard opinion mentioned the idea that a dealer might display the artifact in a museum for an admission fee. This, however, is not at all realistic. This sets the stage for the Kornwolf case. Timothy Kornwolf of Stillwater, Minnesota, was prosecuted under the Eagle Protection Act and the Migratory Bird Treaty Act for selling an American Indian headdress and a Sioux dance shield, both containing golden eagle feathers, to an undercover agent for the government.

The headdress and shield were collected by Tim's great uncle about 1904 when he worked for Buffalo Bill's Wild West Show. Tim executed an affidavit under oath that stated that his great uncle gave him the two artifacts before the golden eagle came under federal protection in 1962 and that no feathers had been replaced or added to the objects since he came into possession of them. Tim further offered the testimony of his mother and a brother should the government have any doubt about these matters. Tim's statements were corroborated by the government's undercover tape that recorded, unbeknownst to Tim, his description of the collection of the shield by his great uncle.

In advance of trial, Tim made a motion through his attorney to dismiss charges against him on the basis that the Eagle Protection Act and the Migratory Bird Treaty Act, as applied to him in this criminal prosecution, were unconstitutional because they " took" his property without compensation in violation of the Fifth Amendment.

After the district judge denied that motion, Tim pleaded guilty to violations of the two statutes on condition that he have the right to challenge the constitutionality of the two statutes on appeal. Tim was then found guilty of committing felonies and was sentenced to three years probation (including 180 days of home confinement). The sentence was stayed pending his appeal. Robert T. Haar, an attorney in St. Louis, was retained by Tim to handle his appeal Mr. Haar is a former editor-in-chief of the Yale Law Journal and was a clerk to Justice William Rehnquist in the term before the Allard case was decided. His specialties include white collar criminal defense and appellate practice.

The Antique Tribal Art Dealers Association, members and friends of ATADA, and friends of Tim Kornwolf have financed the cost of the appeal. The U.S. Court of Appeals for the Eighth Circuit announced its decision on Tim Kornwolf's appeal on January 16, 2002. The Court affirmed Tim's criminal convictions. The Court held that the 1979 Supreme Court decision in Allard was " directly controlling" so it did not need to examine whether the prosecution of Tim was consistent with recent Supreme Court takings cases. In applying Allard, the Court of Appeals quoted another Supreme Court case (Agostini v. Felton decided in 1997), " If a precedent of this [Supreme] Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to this Court the prerogative of overruling its own decisions."

The next step is filing what is called a " petition for a writ of certiorari" with the U.S. Supreme Court, which requests the Court to review the decision of the Court of Appeals. While in the Court of Appeals Mr. Haar argued on behalf of Tim that the facts of his case differed from those of the dealers in Allard and therefore that case did not " directly control."

The petition to the Supreme Court will likely confront Allard head-on. It will argue that the Supreme Court should review Kornwolf because it will provide the Court with the opportunity to reconsider and overrule Allard. Whether the Supreme Court will grant the requested writ of certiorari, and give plenary review to the Kornwolf case, is discretionary with the Court. Only a limited number of petitions are granted by the Supreme Court each year. If the Supreme Court declines to review the case, that will mean as a practical matter that dealers and collectors of antique tribal art will have to " live with Allard" into the foreseeable future. Thus, Kornwolf is an extraordinarily important case to all persons who want to see Allard overruled.

Funding the Appeal - Auction/Contributions- ATADA Foundation Established

The Mountain States Legal Foundation filed an amicus (friend of the court) brief in support of Tim in the U.S. Court of Appeals. It made the point that this is public interest litigation relating to the fundamental right to sell private property. The ATADA Foundation has now been formed. Like the Mountain States Legal Foundation, it is a Section 501(c)(3) charitable organization under the Internal Revenue Code. While payments to ATADA are business expenses for dealers, contributions to the ATADA Foundation are charitable contributions for both collectors and dealers. It is hoped that the ATADA Foundation, through the contributions of dealers and collectors, will be able to provide funding for the Supreme Court phase of the Kornwolf case.

The expenses of the Kornwolf case have exceeded $80,000 at the Court of Appeals phase. Most of the payments have been to the Haar & Woods law firm for legal services, including legal research, preparation and filing of motions and briefs, and the oral argument of the case in St. Paul, Minnesota. The bulk of the expenses have now been paid, except for about $10,000. In addition, in mid-2001, when ATADA did not have the funds, a collector who wishes to remain anonymous advanced $25,000 with the hope that would later be reimbursed if Tim's appeal is ultimately successful. It is estimated that the expenses of the certiorari stage in the Supreme Court will be about $30,000. This includes legal research, preparation of the petition for a writ of certiorari, printing and filing of the petition, and efforts to persuade other organizations to prepare and file (at their own expense) amicus briefs in support of Tim's petition.

The Mountain States Legal Foundation has already indicated that it expects to file an amicus brief. Other organizations are being contacted. If the Supreme Court denies the writ of certiorari, expenses will stop at that point. If the Supreme Court grants the writ of certiorari (which we hope), it is difficult to predict the expenses for legal research, preparation and printing of the record and briefs, and the cost of oral argument in Washington, D.C. The costs are roughly estimated at about $60,000 at this time.

This would finally be the setting to argue that Allard must be overruled. The Kornwolf appeal to the Supreme Court is probably the last opportunity that ATADA, the ATADA Foundation, dealers, and private collectors will have to clearly demonstrate to the Supreme Court why it should overrule Allard. When all is considered, this is an ideal case with strong facts. If the understanding of the law is not changed, the Allard interpretation of it will be in place, as it is now, for the foreseeable future. It is our belief that, even though the costs are substantial, the prospect of overruling Allard, and allowing trade in antique eagle-feathered items, justifies this expense and effort. At the very least these issues will be clarified, which is essential.

ATADA is seeking contributions from both dealers and collectors to support this effort. Checks, the amounts of which are tax deductible, may be sent payable to the ATADA Foundation, Inc., to our treasurer, Bob Gallegos, at the ATADA offices.

In addition, ATADA is planning an auction, through the auction services of Doug Allard, who has agreed to place from 75 to 100 objects donated by ATADA members and friends, in his August 2002 Santa Fe auction, held in conjunction with the shows which take place in Santa Fe in August of each year. Doug has asked that each lot have a value of $1,000 or more although it may be made up of more than one piece. These objects will be catalogued and sold as part of the high quality American Indian auction which Doug will hold at the La Fonda Hotel.

Please contact Bob Gallegos with objects you are willing to contribute to this cause, and make arrangements to have them sent to Bob as soon as possible. This can only be successful if everyone participates.

This major fund raising effort is important to all of us. As has been said, the Kornwolf case represents an unique opportunity which we have now, as dealers and collectors, to fully address and change the laws relating to the sale of eagle feathers. Finally, as said above, although we are optimistic about a favorable outcome at the Supreme Court, even something less than that will represent a clarification of these laws which we desperately need.

Thank you in advance, on behalf of the ATADA Board and the Foundation Board.

W. Roger Fry, Richard and W. Edwards, Jr. ATADA Legal Committee _________________________________________________________________

Please donate items to be sold at the ATADA benefit auction. The ATADA auction is part of the August 10 - 11 Allard Auction at La Fonda Hotel in Santa Fe. We ask that your donations have a retail value of at least $1,000. All donations are tax-deductible as a charitable gift. The proceeds will go to ATADA's legal defense fund and will be used for the Tim Kornwolf appeal.

Draft ATADA Letter to UNESCO Cultural Property Advisory Committee

Cultural Property Advisory Committee

Cultural Property

Department of State

Room 247, Annex 44,

301 4th Street SW

Washington, DC 20547

To the Cultural Property Advisory Committee:

The members of the Antique Tribal Art Dealers Association are in favor of protecting cultural properties worldwide, but vigorously oppose the renewal of the existing trade agreement between Canada and the United States, which is an extenuation of the UNESCO treaty, until a workable solution is designed and accepted by all of the countries that have significant art markets. Otherwise, the burden falls disproportionately on our shoulders. We urge the Cultural Property Advisory Committee to advise Congress not to renew the current agreement.

ATADA's members are art dealers who buy, sell and collect the material covered in this proposed agreement, which includes virtually all Inuit, Subarctic, Plateau, Plains, Woodland and Northwest Coast Native archeological and ethnological works dating from 10,000 BC to the recent past. But there is no real evidence for current looting in Canada.

These objects have been bought, sold and traded for centuries. In fact, there is substantial trade in ethnological material of Canadian origin in England, Belgium and Switzerland and other countries, so prohibiting the materials from entering the U.S. would not stop global trade in these objects. In addition, even experts, including ATADA members, often cannot determine whether certain Native American objects --- especially Alaskan and Canadian Arctic objects -- originate in the U.S. or Canada.

As well as affecting ATADA members' businesses and freedom to trade, renewing the agreement will have a direct negative effect on scientific, cultural and educational activities in the United States. It has been suggested that it is possible that the Canadian government is using this agreement to keep goods out of the U.S. in order to reduce competition among dealers, collectors and museums so as to limit the cost of these goods to Canadian museums, and not to return these items to Native tribes. Once again, for these reasons, ATADA is against the renewal of the Cultural Property Implementation Act, and urges the Cultural Property Advisory Committee to advise Congress to take an enlightened and realistic view of these matters and vote against CPIA.

Sincerely,

Christopher Selser

President, Antique Tribal Art Dealers Association

California Bill AB 978 May Set Dangerous Precedent

California Bill AB978 is being considered by the California Legislature. This bill may call for repatriation of American Indian artifacts that were originally sold as art and crafts to tourists. ATADA member Russell Kloer explained this bill at the ATADA General Meeting in Santa Fe on August, 15, 2001. By unanimous acclamation, the membership requested that the ATADA Board of Directors write letters to the California Legislators in order to inform them of the danger to museum and private collections should this bill become law. All serious collectors should inform themselves of this situation. Interested persons may check www.sen.ca.gov for details and write to members of the legislature whose e-mail addresses are given on this site.

ATADA Group Insurance Established

ATADA is pleased to announce that it has a comprehensive group insurance plan available to dealers and/or collectors who are full members or associates of the organization. These plans offer many benefits at very competitive rates. In particular, coverage is better and rates are lower than a typical homeowner's policy. If you are interested in the insurance available to different classes of members, please see our Membership Information page. For details of group insurance rates, please contact the ATADA Executive Director, Alice Kaufman at Alice@ATADA.org, fax 415-927-3717 attn: Alice Kaufman, or phone 415-927-3717.

If you are interested in becoming a member of ATADA or in information about the benefits and conditions of membership, please visit our Membership Information page.

Native American Organizations Chosen to Receive Funds

Recipients of ATADA's annual scholarship and museum awards were chosen at the organization's recent board meeting. The board voted unanimously to donate a $1,000 scholarship award to the California Basketry Association, Nevada City, California, and to award $600 to the Museum of the Red River in Idabel, Oklahoma.

Every year, ATADA (the Antique Tribal Art Dealers Association) donates scholarship and museum awards to organizations that further the artistic and cultural education of Native Americans. The funds for the awards are generated by members' dues and donations.

ATADA was formed in 1988 to represent professional dealers in antique tribal arts, to promote the trade in tribal arts, to educate others in the important and valuable role that collectors have played in preserving tribal arts and to establish ethical standards for the profession, including guarantees of authenticity of the items ATADA members sell. It is also ATADA's goal to enhance its members' awareness of the sensitivities of extant tribal peoples concerning antique objects in the trade that may relate to current religious practices. ATADA's membership includes many of the leading dealers and collectors in the field.

ATADA Gift to the Museum of the Red River

At its meeting in early 2000, the ATADA Board of Directors authorized a donation of $600 to the Museum of the Red River from the Museum Endowment Fund. The thank you letter from Museum Director Henry Moy is posted below.

ATADA Gift to the California Indian Basketweavers Association

At its meeting in early 2000, the ATADA Board of Directors authorized a donation of $1000 to the California Indian Basketweavers Association from the Museum Endowment Fund. The thank you letter from Chairperson Jennifer Bates is posted below.

ATADA Website Foils Peddlers of Stolen American Indian and Tribal Art

" Web Sites Make It Hard to Peddle Hot Renoirs," read the headline of Mindy Sink's June 22 New York Times article in the weekly Circuits section, but the article actually focused on stolen American Indian art, and prominently featured ATADA's Theft Alert page on www.atada.org. The printed version of the story featured an image of the Theft Alert page itself, which included the ATADA logo, and the online version had two links to the site. Portions of the article are excerpted below.

. . .

" The price was just too good to be true," the article began. " When a man came into Lewis Bobrick's gallery in Denver recently trying to sell antique Navajo rugs for next to nothing, Mr. Bobrick worried that the rugs might be stolen. While the man waited in his store to see if there was a buyer for the unique rugs, Mr. Bobrick went to the Antique Tribal Art Dealers Association Web site (www.atada.org), where photographs and descriptions of stolen tribal artifacts can be posted.

" 'I was just really suspicious they were stolen,' Mr. Bobrick said of the rugs, which were potentially worth thousands of dollars. Mr. Bobrick's suspicions were confirmed when he learned through the site that the rugs had been stolen from a gallery in Arizona two weeks earlier. Although the man left the store before Mr. Bobrick could call the police, Mr. Bobrick made calls to other gallery owners in the area, and the man was arrested at another gallery.

" Jamie Kahn, co-director of David Cook Fine American Art in Denver, used the site last fall when two men tried to sell Navajo rugs to her at a low price. 'It's definitely the first place I go if someone comes into our shop and there is something fishy about the deal,' Ms. Kahn said. 'We always ask the source of the objects. If they are evasive or don't seem to know the value, then we become suspicious.'

" Theft of artwork, artifacts and antiques is an international problem and not, of course, limited to tribal works. Other less specialized sites offer similar theft-alert services..."

Ms. Sink goes on to describe www.artloss.com and www.fineanddecorativeart.com, two other theft-alert sites, as well as several government sites belonging to the FBI and Interpol. At the end of the article, Ms. Sink returns to the subject of American Indian art thefts.

" While no single Indian-art theft can match the Gardner Museum robbery in magnitude," she writes (stolen paintings from the Isabella Stewart Gardner Museum in Boston are posted on the FBI's site), " there are plenty of smaller thefts noted on the tribal art dealers' site. The list includes images and descriptions of Hopi bowls and jars stolen from a California museum, Navajo rugs stolen from a residence in Wyoming, photogravures by the Indian photographer Edward Curtis missing from a gallery in Washington and dozens of other American Indian collectibles.

" Although the Antique Tribal Art Dealers Association (ATADA) is a membership organization, any individual or business can post a notice about lost or stolen goods, and officials at the site have previously posted notices on behalf of the Zuni Pueblo in New Mexico and the Hopi Indians when they learned of thefts of tribal art.

" There is no fee to post a theft alert on the site, and a gallery owner in New Mexico who lost goods to thieves last month said that was quite a saving.

'We spent about $800 to make some color brochures that we could give out,' said the theft victim, Al Anthony Jr., owner of the Adobe Gallery in Albuquerque. 'It didn't cost anything but a little time to post the pictures on our own site or Atada.' "

. . . To see ATADA's current list of stolen American Indian and Tribal Art, go to the ATADA Theft Alert page.

Tribal Art Dealers Give the Gift of Reading to Pueblo Children

A gift of $1,000 was given to Santo Domingo Pueblo (near Santa Fe, New Mexico) by the Antique Tribal Art Dealers Association (ATADA) for the purpose of purchasing books for the pueblo's new library. Funding had not been made available to the pueblo.

When ATADA president Robert Bauver explained the situation to ATADA board members, they agreed to raise and donate $1,000, which was used as an unrestricted gift to the pueblo.

In a letter thanking Robert Gallegos, ATADA's treasurer, who presented the gift, the principal and librarian of Santo Domingo School wrote, " Now with your donation, we are purchasing books that the kindergarten through third grade and Special Needs students will be able to read and enjoy. This cannot help but increase both their reading enthusiasm and test scores. We thank you for this thoughtful community support."

" ATADA is always looking for ways to increase contact and understanding with native groups," Robert Bauver says. " Our recent donation to the Santo Domingo library created just such a contact. It is our belief that furthering this practice will be to the benefit of all."

...

Thank You Letter from Santo Domingo Schools

ATADA Scholarship Fund

To further understanding and to promote greater awareness in the Native American community itself, in 1997, ATADA established a scholarship for Native American students of Native American art history. In that year the scholarship was used to send a student to the biennial Native American Art Studies Association conference in Berkeley, CA. This conference is a forum where scholars and students present the results of current research in traditional and contemporary Native American art, often outlining the content of major forthcoming publications.

ATADA Donations to Scholarship Fund are Appreciated!

" NAASA members are encouraged to make donations to the NAASA scholarship fund. Board members contribute to this fund to enable Native American artists, scholars and students to attend each conference. Two generous donations this year should inspire other NAASA members to help out. The Antique Tribal Art Dealers Association (ATADA) has donated $500. The ATADA membership comprises dealers, collectors and scholars who believe that research and dialogue are crucial for the understanding of both traditional and contemporary Native American arts. The Wheelwright Museum has also contributed $500. The Wheelwright has been a consistent and generous contributor to the NAASA scholarship fund. Send your donations to Bill Mercer, Portland Art Museum, 1219 S.W. Park Avenue, Portland, Oregon, 97205..."

Reprinted from Native American Art Studies Newsletter, Volume XI, No. 3.

New NAGPRA Issues Maillist Established

NAGPRA-L

The purpose of this list is to facilitate the discussion of issues related to the 1990 legislation, the Native American Graves Protection and Repatriation Act (NAGPRA). The list is maintained by Katherine Jones-Garmil, Assistant Director, Peabody Museum of Archaeology and Ethnology, Harvard University, 11 Divinity Avenue, Cambridge, MA 02138. Opinions expressed in postings to the list are not necessarily those of Ms. Jones-Garmil or the Peabody Museum. At this time the list is unregulated. The list is open to anyone interested in the issues surrounding this legislation.

If problems are encountered in posting to the list or for further information, contact Katherine Jones-Garmil at: garmil@fas.harvard.edu

NAGPRA-L:

A Message from Norman Hurst

The last issue of the Newsletter amentioned a NAGPRA Mailing List. Please note that this list, NAGPRA-L, is an electronic mail or e-mail list to which all interested parties may subscribe and post. It already includes hundreds of individuals with many different views and questions about NAGPRA and a host of related topics, regional, national and international.

If you have e-mail and would like to subscribe or send a message to the list, you will need to do the following: - Send a message to majordomo@world.std.com - with the following text: subscribe nagpra-l {your e-mail address}.

To post a message to the list, send a message to nagpra-l@world.std.com. Please include the subject of the message as well as your name or signature file.

Whether you want to participate in the often lively exchanges of opinion, or simply monitor the proceedings, this is an excellent way to stay in touch and keep abreast of happenings in many locales.

- Norman Hurst

Stanford University Museum of Art Reopened

Repairs of damage incurred to the Stanford University Museum of Art during the Loma Prieta earthquake have been completed and the museum, under the new name of the Iris & B. Gerald Cantor Center for Visual Arts, will be open in time for visitors to the Tribal art shows in San Francisco and Marin in February, 1999. The hours are 11 to 5, Wed-Sun, and til 8 on Thur. Admission is free. Four separate galleries, each circa 1500 sq. ft., for Africa, Oceania, Native America, and Ancient Americas. A grand old building, handsomely renovated, a handsome new wing, lots of good art from everywhere, and a very good cafe. Ruth K. Franklin, Curator, phone 650-725-0465, fax 650-725-1652.

Supreme Court Refuses to Review Challenge to Eagle Protection Law

By GINA HOLLAND

The Associated Press

WASHINGTON - The Supreme Court passed up a chance Monday to reconsider a law intended to protect eagles - but that also stops sales of ancient Indian headdresses and other artifacts. For 40 years the government has barred people from selling parts of bald or golden eagles, and the law survived one challenge to the high court. The latest case, involving an antique Sioux dance shield and headdress, asked whether a family heirloom can be sold if it was acquired before the ban began. Justices declined, without comment, to review it. Timothy Patrick Kornwolf was prosecuted for selling artifacts, which he said a great uncle obtained in 1904 while working for Buffalo Bill's Wild West Show. His attorney, Robert T. Haar, asked the Supreme Court to " restore fairness and justice to owners of antique Indian artifacts who play an important role in preserving this country's Native American heritage." Kornwolf's case turned on whether the 1962 Eagle Protection Act resulted in an unconstitutional "taking" of his property. The act bans selling parts of bald or golden eagles without a permit. Kornwolf's case is different than the one settled in 1979 because Kornwolf obtained the artifacts long before the law was passed. The 56-year-old from Stillwater, Minn., received three year's probation for violating federal eagle and migratory-bird protection laws. The shield, for which he was paid $7,000 in 1999, contained eight golden eagle feathers. He received $5,000 as a down payment for the headdress from an undercover law officer working with the U.S. Fish and Wildlife Service. An appeals court had ruled against Kornwolf, citing concerns that any exception could be used by people trying to pass off new feathers as old ones. " The purported justification for criminalizing this most basic of commercial transactions is protection of the living golden eagle, yet the feathers that are an integral part of this property are from birds which died a century ago," Kornwolf's lawyers told the Supreme Court. The Bush administration said in its filing that Kornwolf could have sued the government for compensation instead of trying to sell the things illegally. Administration attorneys also said the items were not worthless because they could be put in an exhibit, with a fee to see them. The case is Kornwolf v. United States, 01-1534.

On the Net: Supreme Court: http:www.supremecourtus.gov/

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Receive Newsletter	Receive Newsletter
Listed in Directory (with business specialties, etc)	Listed in Directory (name and address only)
Listed on website (with photo, business specialties, website link, email link, etc.)	Listed on website (with name and address only)
Collection insurance coverage	Collection insurance coverage
Inventory insurance coverage	No inventory insurance coverage
Voting privileges in ATADA elections	No voting privileges
Eligible to be on board of Governors	Not eligiblt to be on board of Governors
Eligible to serve on committees	Eligible to serve on committees
Eligible to chair committees	Eligible to chair committees
May contribute to resource archive	May contribute to resource archive
May exhibit at any ATADA-sponsored event	May exhibit at any ATADA-sponsored event
May use ATADA logo on advertising, letterheads, etc.	May not use ATADA logo