Introduction
* * *
The Fuehrer has modified the position, duties and authorities of the Reich Protector in Bohemia and Moravia upon the appointment of the new Reich Protector. The Reich Protector is the representative of the Fuehrer in his capacity as Chief of State ... It is his function to confirm the members of the government of the Protectorate, to appoint, dismiss and retire the German civil servants. He exercises the power to grant pardons and to quash legal proceedings except in cases before the Military and SS Police Courts.
TRANSLATION OF DOCUMENT 1375-PS
Castle Krakow 25 Jan. 1940
Minister President Field Marshal Goering Deputy for the Four-Year Plan
The Commissioner General for the General-gouvernement Poland
STRICTLY CONFIDENTIAL
S B 1/40
I To the Director of the Service Agency for the Four-Year Plan Major General Buehrmann or representative in Krakow Lenartovicza 13
For the execution of the task of systematically placing the economic strength of the General-gouvernement, within the framework of the Four-Year Plan, in the service of the German defense industry, I give the following
Directives
1. In view of the present requirements of the Reich for the defense industry, it is at present fundamentally impossible to carry on a long-term economic policy in the General gouvernement. Rather, it is necessary so to steer the economy of the General gouvernement that it will, in the shortest possible time, accomplish results representing the maximum that can be gotten out of the economic strength of the General gouvernement for the immediate strengthening of our capacity for defense.
2. In particular the following performances are expected of the total economy of the General gouvernement:
a. Intensification of agricultural production esp. in the larger farms (above 100 ha.) and a planned distribution of the food-stuffs to be requisitioned in order to fill the requirements of the troops, units, and service agencies as well as of the native population, which are not yet fully covered by the present production.
b. Fullest exploitation of the forests, in temporary disregard of forest conservation principles, so as to deliver to the Reich approx. 1 million fm sawmill lumber, 1. 2 million fm of mine timbers and up to 0.4 million rm of fiber wood.
c. Stepping-up of the raw material production in the industrial sector, in particular: in the extraction of iron ores and pyrites in order to cover the local needs of the smelting plants operated in the General gouvernement; in petroleum extraction; in order to cover the militarily most important requirements of the General gouvernement and to export the greatest possible quantities to the Reich; in the chemical industry (nitrogen, phosphate) to provide for the fertilizer requirements of agriculture in so far as they can be covered in the General gouvernement;
d. Exploitation, if necessary also partial expansion, of the industrial capacity existing in the General gouvernement, in order to execute as rapidly as possible the Wehrmacht orders to be placed by the Reich in the General gouvernement while maintaining production of those products which are absolutely vital for the running of the economic machinery in the General gouvernement even if the strictest standards are applied;
e. Maintenance of the productive capacity of those plants to which Wehrmacht orders have not yet been assigned but which are chosen as replacement plants for militarily vital factories which have been or will be evacuated in the Reich;
f. Stripping and scrapping of those plants which have neither been made into armament plants nor declared to be replacement plants, as well as of destroyed buildings;
g. Supply and transportation of at least 1 million male and female agricultural and industrial workers to the Reich--among them at least 7500 000 [sic] agricultural workers of which at least 50% must be women--in order to guarantee agricultural production in the Reich and as a replacement for industrial workers lacking in the Reich.
3. In order to attain the expected performances, provision is to be made:
a. that the organizational measures for increasing agricultural production and for the building up of the live stock, extraordinarily depleted by the war, are implemented by the insurance of the seed and fertilizer supply--if necessary by imports from the Reich--; by sufficient supplies of agricultural machinery from local production in the General gouvernement; by a planned development of the water economy which should be simultaneously designed for the requirements of the waterways and of the power supply;
b. that all uneconomic consumption of wood be avoided and that the shipment of the quantities to be delivered to the Reich is insured;
c. that within the framework of the stepping-up of the industrial raw material production the following are guaranteed: financing through the most extensive possible utilization of the credit system existing in the General gouvernement; procurement of the necessary mining and drilling equipment, the supplying of the workers with the food and articles of clothing absolutely essential for the maintenance of their full efficiency; the shipment, especially of mineral oil, to the Reich;
d. that in engaging the industrial capacity of the General gouvernement with armament orders from the Reich the following be coordinated:
nature and volume of the orders
location and capacity of the plants
raw material requirements and coverage the latter as far as possible out of raw material stocks existing in the General gouvernement--
requirements and provisioning of workers means of transport for delivery of materials and dispatch of finished products;
pre-financing of wages in the General gouvernement and transfer of the proceeds from the Reich;
e. that exact investigations be made in order to determine the plants which are either required for filling the armament orders or continue to work for the supplying of the General gouvernement with absolutely vital goods, or are being maintained as replacement plants, or are to be stripped and scrapped; and that the putting into operation or continued operation of the plants be uniformly regulated and made subject to permit;
f. that in order to insure the necessary supply of Polish workers in the Reich the labor offices harmonize the recruiting with the labor requirements in the General gouvernement; that the shipment will take place early enough to be completed in the course of April; that the transfer of savings of these workers be regulated who came to the Reich merely as migratory workers.
4. For the uniform orientation of the total economy of the General gouvernement towards the tasks now to be accomplished the following additional measures are to be taken:
a. In the food supply of the population it must under all circumstances be seen to it that the persons working in plants vital to life and armaments will maintain their efficiency while the rest of the population will have to remain restricted to a minimum ration as long as the food shortage lasts.
b. Any production which, on the basis of raw materials important for armament, is directed towards objects which in the framework of the present plan are not vital, is to be ruthlessly discontinued in so far as it will not be possible to switch it over to sufficiently abundant Ersatz materials and other materials (e.g. by producing wooden shoes while simultaneously prohibiting the production of leather shoes and boots for the native population). For the rest, all raw material saving decrees prohibitions of production and shipment and orders valid in the Reich are to be carried through in the Generalgouvernement at least to the same degree as is done in the Reich.
c. The shipment of raw materials to the Reich is to be limited to those amounts not absolutely needed in the Generalgouvernement to guarantee militarily vital production. The right of disposing of the stocks of raw materials, half-finished and finished goods in the Generalgouvernement is reserved to your service agency. For the better regulation of supply small amounts of valuable raw materials will be brought into collection depots from scrapped plants and from smaller depots.
d. The supplying of militarily vital plants with coal and the filling of the most urgent coal requirements of the population are to be guaranteed by agreements with the proper Reich agencies.
e. The collection of leather and old material [Erfassung] and the gathering of scrap are to be pushed forward according to plan. In view of the especial conditions in the Generalgouvernement, Jewish dealers who can be freed for this purpose from forced service etc., may also be engaged.
f. A transport plan will be drawn up in agreement with the transportation authorities with the object of bringing transport desires into line with transport possibilities and to arrive at priority scale which will then be made the basis of all further planning.
g. Price and wage regulations, currency protection and credit policy will be harmonized in closest accord between the agencies concerned with the object of creating stable conditions as an indispensable prerequisite for any economic planning.
h. In order to gain a conception of the presumable shape of the payment transactions between the Reich and the General-gouvernement, a payment balance sheet is to be drawn up as soon as it is possible to see to what extent armament orders from the Reich can be filled in the General gouvernement.
5. I reserve the right to issue further basic instructions.
Copy of the present is being sent to the subordinate service agencies as well as to the Commander in Chief East, the Chief of the Armament Inspectorate Upper-East, the Military Commander in Krakow and the Bank Director of the Emission Bank in Poland with the request that the service agency for the Four-Year Plan be supported in every possible way in the execution of its tasks.
(signed) Dr. Frank Certified
(signed) Ministerialkanzleiobersekretaer als Kanzleivorsteher
TRANSLATION OF DOCUMENT 1376-PS
1940 REICHSGESETZBLATT, PART I, PAGE 778 20 May 1940 Nr 87
Decree of the Fuehrer of 18 May 1940 on the Execution of Power by the Government in the Lowlands
In order to secure public order and public life in the Dutch territories taken under the protection of German troops, I decree:
Paragraph 1
The occupied Dutch territories will be subordinated to the "Reichs Commissioner for the Occupied Dutch territories." His seat will be The Hague. The Reichs Commissioner is protector of the interests of the Reich and will represent the supreme power of the government within the civil sphere. He will be directly subordinated to me and will receive directives and orders from me.
Paragraph 2
The General military commander in the Netherlands will exercise military sovereign rights, his demands within the civilian sphere will be carried out by the Reichs Commissioner. He has the right to order the measures which are necessary for the execution of his military mission and for military security. The same right belongs to the supreme commanders of the branches of the armed forces.
Paragraph 3
The Reich Commissioner may use German Police forces to carry out his orders. The German Police forces are at the disposal of the German military commander insofar as the military necessities require this and if the missions of the Reichs Commissioner permit it.
Paragraph 4
For the execution of his orders and the functioning of the administration the Reichs Commissioner may make use of the Dutch authorities.
Paragraph 5
1. The law which was formerly valid remains in force, in as much as it is compatible with the occupation.
2. The Reichs Commissioner may enforce law by decree. The ordinances will be proclaimed in the "Ordinance for the occupied Dutch territories."
Paragraph 6
I appoint Reichs Minister Dr. Arthur Seyss-Inquart to be Reich Commissioner for the occupied Dutch territories.
Paragraph 7
Regulations for the execution and completion of this decree will be issued according to my directives for the civilian sphere by the Reich Minister and Chief of the Reich Chancellory and for the military sphere by the Chief of the supreme command of the armed forces.
Paragraph 8
This decree will be enforced as soon as and insofar as I shall cancel the order given to the Supreme Commander of the Army for the exercise of the complete power.
Fuehrer's Hqs. 18 May 1940
The Fuehrer, Adolf Hitler
The President of the Cabinet Counsel for the defense of the Reich, Goering, Field Marshal
The Reich Minister and Chief of the Reich Chancellery, Dr. Lammers
The Chief of the Supreme Command of the Armed Forces, Keitel
The Minister of Foreign Affairs, von Ribbentrop
The Reich Minister of the Interior, Frick.
TRANSLATION OF DOCUMENT 1377-PS
1938 REICHSGESETZBLATT, PART I, PAGE 111
5th February 1938 Decree concerning the leadership of the Armed Forces--
4th February 1938
From now on I take over directly the command of the whole Armed Forces.
The Armed Forces Office with its functions as Supreme Command of the Armed Forces, hitherto within the Reichs War Ministry, will come directly under my command and as my military staff.
At the head of the staff of the supreme command of the Armed Forces is the former Chief of the Armed Forces department as "Chief of the supreme command of the Armed Forces". He is equal in rank to a Reichs Minister.
At the same time, the supreme command takes the responsibility for the affairs of the Reichs Ministry of War, and by my order the chief of the supreme command of the Armed Forces exercises the authority formerly belonging to the Reichs Minister.
It is the supreme command of the Armed Forces' duty to carry out in peace time, in accordance with my instructions, the preparation of the defense system of the Reich.
Berlin, 4 February 1938.
The Fuehrer and Reichs Chancellor ADOLF HITLER
The Reichs Minister and Chief of the Reichs Chancellery
DR. LAMMERS
The Chief of the Supreme Command of the Armed Forces
KEITEL
* * * * *
REICHSGESETZBLATT, 5th February 1938
Decree concerning the setting up of a secret cabinet council of 4th February 1938.
To advise me in conducting the foreign policy I am setting up a secret cabinet council.
As president of the secret cabinet council, I nominate: Reichsminister Freiherr-Von Neurath
As members of the secret cabinet council, I nominate:
Reichsminister of the Exterior Joachim von Ribbentrop
Prussian Prime Minister, Reichsminister of the Air, Supreme Commander of the Air Forces, General Field Marshal Hermann Goering
The Fuehrer's Deputy, Reichsminister Rudolf Hess
Reichsminister for the enlightenment of the people and of propaganda, Dr. Joseph Goebbels
Reichsminister and Chief of the Reichs Chancellery Dr. Hans-Heinrich Lammers
The Supreme Commander of the Army, General Walter von Brauchitsch
The Supreme Commander of the Navy, Grand Admiral Dr. (honorary) Erich Raeder
The Chief of the Supreme Command of the Armed Forces Lt. Gen. Wilhelm Keitel
The current affairs of the secret cabinet council are handled by the Reichsminister and Chief of the Reichs Chancellery.
Berlin, 4 February 1938.
of the Reichs Chancellery
ADOLF HITLER
The Reichsminister and Chief of the Reichs Chancellory
DR. LAMMERS
TRANSLATION OF DOCUMENT 1381-PS
The Representative of the Reich Ministry for the Occupied Eastern Territories with the Headquarters of Army Group North
December 1942 SECRET [Rubber Stamp]
Political and Economic Problems of the Military and Civil Administration of the Occupied Eastern Territories.
Introduction: The author of this report as representative of the Reich Ministry for the Occupied Eastern Territories with the Headquarters of Army Group North had the possibility to become acquainted with all questions of administration and economy in the Eastern area. An information trip also brought him to the
Army Area B (Donetz) Army Area Don Army Area Crimea Army Area A (Caucasus) into the General Commissariat Dniepropstrovsk into several District Commissariats.
Conferences took place with all commanders of these army areas, the chiefs of staff, the chiefs of the departments VII, the chiefs and experts of the economic inspectorates and numerous economic teams and with field and local commanders.
In the field of civil administration, conversations were held with the competent experts as well.
Result: Necessity for our Present Eastern Policy.
Reasons: 1. The military results of the fighting of this year in the Eastern area is the fact that the fighting power of the Bolshevist army has not been broken yet. One must count on a prolonged duration of the war.
2. The size of the occupied territory results in a noticeable lack of security troops as well as fighting troops. The necessity of the military commitment of the Slav becomes apparent more and more, whether it be for the combatting of partisans and in the police service, or whether it is for use at the front even as will be necessitated by future developments.
3. The war economic importance of the Occupied Eastern Territories increases with the duration of the war. The last inhabitant of the country, able to work, must be utilized in agriculture or in war economic factories. His existence must be assured. Losses of a large number mean damage for the front which cannot be repaired.
4. As in all great wars of all times, one must also reckon with military reverses in the East. In retaining our present Eastern policy, we stand before the danger that one day the dissatisfaction of the population will find an outlet in a general uprising, whereby the supply for the front would be endangered most seriously.
5. It is the opinion of all military commanders as well as of the leaders of the civil administrative areas, to whom the reporter was able to talk, that the present Eastern policy must undergo a fundamental change in its basic points.
The following are the most important problems:
I. The Food Problem
The food rations granted to the Russian rural population do not constitute the assurance of their existence, but only a vegetating for a limited duration. One can never expect the necessary cooperation for the Armed Forces from a population who does not know whether it will still be alive tomorrow, who thus must expect death by starvation and who lived in the Bolshevist period--with the exception of the year 1933, with its bad harvest--better than today. The military dangers described at the beginning increase with the deterioration of the food basis; the tendency to support the partisans increases; the desire to experience again the former Bolshevist conditions comes to the foreground even in those who refute the system ideologically.
The rations allotted at present, which in practice are for the most part not issued complete, are as follows:
(Appendix A 3a)
City and Country: The following food situation prevails: The rural populations, although it has to hand over more today than in Bolshevist times, still goes rarely hungry. No matter whether it was in the time of the Mongol rule, or in Tsarist or Bolshevist times, they were always exploited, and they know methods of secreting food items, which guarantee them food despite of all controls. Today they are even able to deliver at least the most necessary things to the urban population through the black market. The German administration will never be able to develop a system which will enable a 100% seizure of products on Russian territory. The territory is too large for this, and the number of the appointed agricultural leaders is too small.
However, should one of the periodical bad harvests occur in Southern Russia within the next years, as last in the year 1933, then the present lack of reserves would result in a catastrophe in the Eastern territory, the effects of which would be unpredictable for the food situation in the rest of Europe.
The food question in the Eastern territory today is an urban problem. As already explained in the beginning, we must free ourselves completely from the attitude which we maintained at the time, that there were too many people in the territory, and that their extermination would mean a blessing to Germans! The German Armed Forces in the East live on the work performance of the cities there. Complaints about the lack of workers after the execution of the Sauckel action are common.
If we continue to maintain our present attitude, it will be the combat soldier who will pay with his blood for this mistake.
Generally there is no famine yet in the cities at present. The reporter was even able to establish in a city like Kharkov, which had been embattled to the finish, that the food situation is better than in the past year. This condition can be traced back to the fact that the urban population, which for the most part has been living in cities of industrial areas for only one or two generations, has relatives in the country by whom it is supplied with food items in exchange for consumer goods.
Nutrition--Nomadic Movement--Utilization of Labor.
He who flies over or rides through the occupied Eastern area today will notice crowds of people moving along the roads; there are hundreds of thousands of them, and according to the estimate of experts, their number often may reach a million. These crowds are on the move, either to look for food, or vice versa, to bring food to the cities in order to sell it.
The exchange of food items/consumer goods, which thereby is reached between city and country, is vital in the cities in view of the food supply which is insufficiently controlled by the German administration. Suggestions to suppress this self-support of the urban population radically are unbearable, because this would result in starvation of the urban population, causing decreased work performance and finally a revolutionary attitude.
Loss of Working Power
On the other hand, however, a tremendous amount of valuable working power is being lost for a certain time to the utilization of labor through the nomadic movement.
The conclusion therefore is: First securing of livelihood for the important war economically urban population and their relatives, and only then suppression of this self-support. But not vice versa.
Because of reasons of the utilization of labor therefore, all preparatory measures must be taken without delay in order to guarantee sufficient supplies for the urban population of the occupied Eastern territory which is important to the war economy.
The Family Problem
This must also include members of the family, because the male Slav worker like the female Slav worker will starve or practically give up the food to which they are entitled or even the cooked food which is being furnished in the factory mess halls, in order to save their children, parents, or other relatives from starvation.
The claim, that there are not sufficient food items on hand for this subsistence is countered by the fact that by way of the nomadic movement into the rural areas and the black market in the cities, food is supplied which until now has prevented specific signs of starvation on a larger scale.
The Occupied Eastern Area no Surplus Territory.
Despite this the realization that contrary to propagandistic claims the Ukraine as well as the areas of the Caucasus and the remaining Eastern area are not yet surplus areas at present, from which Germany and the rest of Europe could already be fed tomorrow. The truth is that the additional subsistence of Western Europe today can only result in the risk that the Eastern territory will become refractory tomorrow as a result of its present delivery quota, which has been increased considerably in comparison to the Bolshevist period and that simultaneously part of the urban population, which is indispensable for the war economic tasks will approach a slow ebbing of strength, if not even death of starvation.
Ukraine Industrial Area without Agricultural Surplus
The large number of publications, which are being distributed at present in Germany about the Eastern territory, are copies of obsolete or uncontrolled figures from Tsarist or Bolshevist times, which lack any knowledge of fact. As every expert will have to realize, the truth in the Ukraine is that a situation has been created by the Bolshevist industrialization and by the accumulation of giant urban populations in the Don- and Donetz areas, which consumed the agricultural surpluses, which were at hand during the Tsarist period for the overwhelming part in their own territory.
Exchange Trade A Regulator
A part of the food of the cities is being procured through the black market, which for the most part is barter trade. First of all it is a regulating factor. In the Bolshevist era the urban population was better supplied with consumer goods because of relatively higher wages at the expense of the Sochos- and Kolchos peasants. Today these consumer goods are wandering to the country as barter goods for food.
Dangers of the Black Market Prohibition.
The black market has been completely outlawed in individual area as in the Army Area North [XVIII.AOK], in Pleskau and, as the commander of Army Area Don has informed the reporter, in Transnistria, which had been ceded by Rumania.
All these prohibitions had a completely negative result. The goods disappeared from the markets, trading was continued in uncontrollable backyards, and the urban population lacked the most important food items. With a readmission of the markets, these dangerous symptoms vanished.
Black Market Prices
Following are some examples of black market prices in the occupied Eastern territories:
In Areas of the Caucasus 1 Egg RM 1.-- 1 lb. Butter RM 15.-- - 20.-- 1 ltr milk RM 2.60 - 3.40 100 gr. tea RM 20.-- - 40.-- 1 apple RM 1.-- 1 chicken RM 9.-- - 10.-- 1 lb. meat RM 5.-- 1 winter overcoat RM 600.-- 1 pr. shoes RM 200.-- - 300.-- In the city of Kharkov: 1 ltr milk RM 3.-- - 4.-- 1 kg tea RM 1000.-- 1 piece wartime soap RM 7.-- - 8.-- 1 ltr Vodka RM 70.-- 1 cigarette RM -.30 1 pr shoes RM 400.-- - 500.--
In regard to all these prices, however, it must not be forgotten that the majority of the scales being executed by means of barter.
The Armed Forces And Increases in Prices
Besides the lack of consumer goods, the German soldier is also responsible for the outrageous prices, because by uncontrollable means he is obtaining funds from home besides his pay, which in army of a million men add up to an imposing sum. Every expert of the conditions knows that the doughboy will today pay any price, because the additional food items are more import to him than money. The suggestion, made to the reporter by various economic inspectorates, that the soldier in future should receive no Reichskreditkassenscheine, but shall receive a type of substitute money for purchasing in post exchange [Marketendereien], can only then be carried out, if the post exchanges can offer to the soldier additional food items, which he would otherwise obtain in the black market.
The opportunity for the combat soldier to acquire additional food items or to purchase them for the homefront must not be hampered, it must not be forgotten, that this combat soldier decides the war.
The Combat Soldiers as the Bearer of Useful Barter.
It is therefore regrettable, that town commanders often punish the soldier severely, who exchanges tobacco goods or minor items of consumer goods which he receives from home, for food items with the local population. It has to be considered that the consumer goods in question are in most cases rubbish of the German household, items which can be foregone by the homefront, but which such as needles, twine, pocket knives, nails, combs, etc., are necessary in the eastern territory and bring good will. The combat soldier, who carried out this barter, procures additional food for the front and/or to the homefront, and at the same time supplies to the East the most necessary consumer goods, which cannot be supplied in general today by German authorities.
For these reasons, the market activity in Russian towns must be retained despite all mentioned disadvantages.
Price Ceiling in the Black Market.
In order not to let the prices rise beyond all limits it is recommended to have a certain control, a price ceiling which equals the present average price; however an experiment which was executed in various towns, is not recommended for imitation, whereby merchandise which was not sold on the market by evening, is confiscated and sold at the local average price.
Establishment of a Central Food Administration.
Despite all this, market dealing can not be a solution. The food supply must be assured by the German administration. Two ways constitute the solution.
1. Further expansion of the factory kitchens
2. Mass introduction of community kitchens.
This system was built up during the Bolshevist period in a form, which an unbiased reporter must describe as exemplary. For instance, there was in the town of Simferropol, in the Crimea, during the Bolshevist period a food trust which supplied 23 mess halls and 15 factory kitchens, by which 50,000 of the town's 140,000 inhabitants were fed. Breakfast, lunch and supper were served and could be eaten right there and then, or were taken home. The appearance of the population and its physical condition at the time of conquest of the territory proved that the food was sufficient. A system of feeding to the population was carried out here, which is also going into effect in Germany in numerous labor camps, and factory canteens, etc., but in its present stage does not yet approach the Bolshevist system.
The Example Simferopol
A Kriegsveraltungsrat, who came from the Arbeitsfront took over these institutions in the town of Simferopol to a certain extent and operated them according to the necessities and conditions of the present. This organization appears to be so successful that its general introduction into the towns of the occupied East must be thought over in manner and extent.
At first, this system is marked that only a single German administrative official can be in charge of the entire system without any further German help.
A Main Food Administration was established for the whole Crimea. The native town administrations supplied the collaborators of this organization, which, in Simferopol alone, runs today 12 mess halls and 49 factory kitchens, in which you can eat lunch or take it to your home. Those working for the German Armed Forces and also some of their relatives, a total of approximately 30,000 persons of the 70,000 inhabitants of the town, are fed. There is mostly soup, vegetables, sometimes fish and meat from deceased animals.
However the distribution of the allocated bread coupons frequently runs up against difficulties, since the bread supply is especially difficult in the Crimea. On the other hand an information service of the Food Administration itself is excellently organized; it consists of native residents, who immediately report, if spoiled, but still edible food from army stores, in the case of small truck farm vegetables etc. can be procured. Furthermore each deceased horse or cow within the territory of the town or its vicinity is reported immediately and examined for suitability.
A special control section of the Food Administration inspects the mess halls, doctors make spot checks of the quality of the food offered. In this case also, native help is used. Further sections of the Main Food Administration are the mill sections, which is in charge of the processing of grain. The section for the issuing of bread and food coupons, the bread baking and trading section etc. A procurement section which has to secure the release coupons from the competent German authorities and must look further for food, and call for it with its own vehicles, is in charge of the procurement of merchandise. All big consumers, such as hospitals, schools etc., have to submit monthly reports of supply requirements. Procurement takes place according to a common plan, so that the German agricultural leadership is not hampered by numerous individual requests.
This example must be imitated in its magnitude. In the field of food, the organizing capabilities of the Eastern population must be used, thus relieving simultaneously the German administrative apparatus.
The example Simferopol proves that we have to use the Slav in the huge Eastern territories for the organization of food, since he is always in the position to discover possibilities of procurement which we cannot do because of insufficient help. Self administration, which goes as far as possible, in the field of food for the urban population is necessary.
No Schematic All-inclusive Ruling of Fundamental Directives.
On account of the gigantic delivery quota of corn, meat, poultry, eggs, oil, to the German Reich, it is obviously not possible in the near future to guarantee to the urban population in the East a 100% supply of food. In addition, as already explained, there is still a great deal of food in the hands of the farmers and of some urban residents which is beyond our control. Thus schematic ruling would therefore lead to the result that the Russian towns would receive food which could be spared in an emergency at the expense of the German and/or the Western European territories. Thus the final conclusion can only be this that at the moment, a general systematic ruling which guarantees the minimum subsistence level of the entire population cannot be carried out in the occupied Eastern territories. On the other hand, the responsible leaders of the occupied territories must immediately receive the authority through directives from competent authority, that they can take immediate measures there, where serious dangers arise in the food situation of those natives employed in the war economy with freedom of decision and responsibility to exceed the presently authorized rations, which secure the minimum subsistence level and prevent the described dangers (loss of Man Power, Anti-German, and Pro-Bolshevist attitude). This system, which gives to the responsible administrative employee freedom of action and which has primarily been developed and tried by the English administration, based on hundred years of experience must be introduced more and more in the German work in the Eastern area. Basic decisions from central authorities, which can be of unforeseen consequence, should only be decided upon then, if the measures have proved themselves by experiments in a partial sector of the area.
II. The Position Agricultural
The food political situation which may become important during the coming year, even for the Reich and the whole of Europe, is opposite to the demand to procure sufficient food for people working in town in essential industry.
The following spot checks of the various Eastern territories give an approximate picture of the situation:
Caucasus
Economic Inspectorates established generally a surplus of farm products for the Reich can not be expected from the Caucasian area. At best, some cattle, sunflower seeds, wool and cowhides could be delivered.
As far as grain is concerned, it must be expected that there will not be enough in many cases for the supply of the local population until the next harvest. For example, details from the District Voroschilovsk (Stavropol): the territory covers approximately 540,000 hectars, 60,000 hectars of which are steppe.
The total area, growing wheat was 70,000 hectars, 10,000 hectars of which were destroyed by the Bolshevists. Of the total area growing oats, approximately 50% of 8000 hectars are destroyed and full of weeds. Of 17,000 hectars of barley, 4,000 hectars are destroyed. 8,000 hectar of meadow could not be mowed. The total cultivated area amounts to only 50-60% to that of 1940. Reason: lack of fuel and labor.
In the District Patigorsk, the conditions are still less favorable.
The example of the development of the Sovchos Semlianskaia near Voroschilovsk is also informative. According to this, there were the following during the Bolshevist time at this Sovchos:
104 horses presently 41 104 cows presently 60 32,000 sheep presently 8,899
5,561 double hundredweights of barley and fodder are required to keep the present livestock, 650 double hundredweights are available. Reason: 180 hectars of 750 hectars of wheat were destroyed by the Bolshevists. 360 of 475 hectars of barley are lost, since it could not be cut in time because of lack of gasoline, tractors, scythes, and man power; 20 hectars of oats are completely lost. 5 of 18 tractors are still on hand. 5,000 of the 8,899 sheep mentioned above must be surrendered to the Armed Forces in the near future.
Crimea
The result of the harvest is 191,969 tons of grain. 109,620 tons are needed for seed grain, 55,739 tons for fodder and 129,503 for food. Accordingly, there is a deficit 81,126 tons of grain in the Crimea. Added to this is a poor harvest of potatoes.
Territory Kharkov
In the territory of Kharkov (Army B) the delivery of cattle to the front has been so large, that only young cattle is still on hand. Thousands of hectars of the best soil could not be cultivated because there were no draft animals.
Ukraine
The total result of the harvest is worse than last year. In detail, the delivery quota calls for: 600 ltr. milk from each dairy cow at a price of 7 Pfg. per liter (during the Bolshevist period it was 90 ltr. at price of 15 Kopeken). Every liter delivered voluntarily exceeding this was paid with 3 Rbl. Because of the high delivery quota of more than 3 million tons of grain from the whole Ukraine it looks as follows in some of the districts of the country.
Rural District Wynica: The harvest gave winter wheat:
82 982 double hundredweights ------ 55 900 double hundredweights must be surrendered 25 906 double hundredweights are required for feed grain.
This leaves 11,176 double hundredweights for feeding the population, which are by no means sufficient.
In the General Commissariat Shitomir about 28% of the livestock has to be consigned. Normally it would be 18%.
General Commissariat Dniepropetrovsk.
The presumed consignment of grain amounts to a total of 490,000 tons of the total crop of 820,000 tons. Thereby the population receives only 65 kg. per capita of which 30 kg. already were distributed.
26% of the total arable land is used for winter grains. Of that, 30% are good, 30% are spotted, and 40% did not come up at all.
The difficulties of cultivation are very great because of the shortage of tractors, fuel, and labor. Thus for 100 hectars 23-25 laborers are regularly required, but today only 13-14 are available. There are only 4-6 horses to 100 hectars. But the cow teams requires a greater number of laborers.
The consignment of live stock amounts to 50% of the stock. There are numerous cases where the farmer has to deliver his dairy cow, his only real property from the Bolshevik period.
III. The Agrarian Reform
The agrarian reform up to now has been carried out in a different manner in the various occupied territories. While the "Kalchos" were divided and the land given to the farmers for cultivation in the north and the center, not much was changed in the Bolshevistic conditions as such in the South, especially the Ukraine. The creation of agricultural cooperatives up to volume of 10% of the total agricultural area can not be considered as a basic change of the system.
It must be admitted that in the south with its strongly industrialized giant estates a slower pace is advisable in the division of the estate. The danger of a decrease in production in cases of a quick division would be present.
Conception of the Cossacks-Atamane.
In addition, another fact has to be taken into consideration, which is that old "Atamanen" have found in the Cossack areas for instance that only old Cossacks were capable of managing an individual farm. The young generation is partially so used to industrial agriculture that before all a certain re-education is necessary.
Also in carrying out of the new agricultural reform a general solution, as already mentioned, must not be striven for from the beginning; rather the return to individual farming must be carried out with consideration of economic and political points of view resulting from the particular situation in a particular region of the tremendous Eastern Area.
Special Arrangements in the Agrarian Reform.
The efficient German administrative expert must have the possibility of experimentation and his successes and his failures must become the basis for final decision of the central office.
The discussion, which the reporter was able to have with the specialists concerned in the entire eastern areas, resulted in the following proposed solution:
The Russian farmer is without exception land hungry and an opponent of the "Kalchos system." He desires private property of land, even though of limited extent. In contrast to the worker and intellectual he is the most honest opponent of the Bolshevik system. If tomorrow he is denied his property, then we shall lose the east economic and political power with which we could build up the Eastern Area.
Land Distribution According to Merit.
The demand to immediately allot to all farmers, land as private property, is in spite of these political points of view, of course unfeasible for the present.
First of all those farmers respectively their families, who themselves or whose sons have earned special merit in war economy in the fight against partisans, or today or tomorrow at the front, must receive self-sufficient individual farms.
Although later the distribution of land must be carried out in a generous manner without the qualifying clauses used today.
The greatest part of the agricultural region in the East must, because of the political reasons mentioned, as time goes on, become the property of farmer families in order to create a stratum of satisfied farmers as sure counter-weight against possible revolutionary ambitions of labor and intelligentsia in this manner.
State Farms and Farmer's Land
Besides these farmers' lands, a great number of state farms should be created by the taking over of the Sovchosen and/or the creation of new estates whose production would have to deliver the excess of agricultural products necessary for Europe.
IV. The Slav as Worker
Necessity of Realistic Policy
As initially pictured, every member of the rural population less means a weakening of the labor power as well as fighting power of the Reich. All occurrences of the recent past prove that there is no room for ideologies at this time. Where this demand is not heeded because of ideological reasons, for the sake of future problems, where the law of the best utilization of man-power is violated, the objection of the soldiers as well as that of responsible civil servants arises with justification. Thus we hear again and again from leading Germans in the East, the regret expressed that we learn too little from the English, who--under the cover of long term policy--act on the basis of the needs of the hour, while we antagonize people in the East and cause the greatest difficulties in reconstruction only in order to proclaim distant aims, whose accomplishment is in no way certain, but which come about on its own accord after a victory.
He who just like the reporter, has gone through English schooling and knows the English manner of treating foreign peoples, can only confirm that the greatest mistake of our entire Eastern policy is to be found in this field. First of all we have to win the war. Having won it, we can shape the area as we see fit. Every proclamation of an aim that repulses those who are of the most use for us in the Eastern area today, which makes them resent the German leadership, is, from a soldier's point of view, a mistake which has to be continually rectified by the commitment of German blood.
Thus the Project Sauckel as earned out in the Eastern area has caused unrest and dissatisfaction which is the equivalent of a lost battle, though without doubt it was the final means to cover the requirements for workers of the German economy.
Dangerous Excesses.
But the executing agencies have committed errors which should have been avoided: De-lousing of Russian girls by men, taking of nude photographs in forced positions, locking female doctors in cars in order to make them available to the transport leaders, transporting of shackled girls in shirts through Russian localities to the railroad, etc.... (The complete material has been channeled through the proper army regions to the OKH.)
Important Imponderables.
It is of course correct to consider these things without sentimentality. In spite of that the results of such errors must not be overlooked. Before everything, the treatment of the Eastern workers in the Reich is decisive. According to all previous reports the results in household and in agriculture are good; in industry bad. The fact that male and female workers housed in camps have no leave, that exercise of religion etc., in contrast to conditions in the Russian territories, is prohibited, leads the population of the occupied Eastern territories to the conclusion that the Slav is treated and utilized as a slave. The result is that when today a commission for the hiring of labor for the Reich appears in a region, everybody, as far as possible, flees into the woods.
Our propaganda, which attempts to influence the East by an expenditure of millions of Marks and irreplaceable paper, and also by the employment of valuable manpower, which is lost to the Armed Forces, must evaporate into thin air under these circumstances.
Attitude of the Eastern Peoples Important.
The Slav will formulate his opinion and attitude on the basis of his experiences in the Reich. Here comes the decision, whether millions of Slavs will reconstruct under German domination and leadership willingly or whether they, filled with hate, will seek every opportunity to destroy this domination, since their conditions make a worthwhile existence impossible.
The attitude, still present today occasionally in some places, to treat the Slav as a slave, whereby beatings are the best means of education, must be corrected by immediate orientation, and that the maltreatment concerned must be stopped at once by the severest threat of punishment.
Despite all terror during the Bolshevist period, the social aid measures for the Russian worker and his family were considerably better than is assumed in Germany--as has been proven in the meantime by unbiased investigations. In addition a purposeful meaning of his work in the realm of the community is given to him by unrelenting and refined propaganda. One must have much understanding for this, and it is by no means easy to win this people for us. Whoever represents the opinion that the attitude of this people is unimportant, sins against the German armed power in the face of the war economic and also future military indespensability of the Eastern peoples and calls for the danger that most valuable, forever irreplaceable German blood must be sacrificed in addition.
Methods of the Utilization of Labor.
The utilization of labor of the Slavic workers can be carried out best in similarity to the Bolshevist example, as various experiments which the reporter could observe, prove.
The Successes in Dniepropetrovsk.
Model successes have been achieved by Commissioner General Selzner in Dniepropetrovsk. The Russian worker, who practically has been primarily an armament worker for years, works according to the group piecework system. Not the individual performance, but that of the group was decisive. This system, the advantages of which are apparent, must be retained and introduced generally. Furthermore, the punitive system for contract violators or workers who violate the work discipline is ideal. At first, a reprimand is given or a monetary fine imposed. In case of repeated violations, additional duty [Dienstverpflichtung] with exact orientation about further punitive measures is another disciplinary procedure.
Educational Work Camps.
The severest punishment is confinement in a educational work camp. The maximum length of punishment here is 6 months. Such camps are in all District Commissariats, sometimes installed as mobile camps and made available to the Organization TODT. In the camps, all beatings and all corporal punishment are forbidden altogether, out of principle.
Coordination of Utilization of Labor and Food.
The work is carried out in groups, as in the group piecework. In case of full work performance, the convicts receive Armed Forces rations, diluted three times. If the group of ten men produce in their work performance only 50% of the quota, their food is diluted six times, and they receive 50% less bread. The results are marvelous. The amount of punishment decreases constantly, work performance increases, the morale of the workers is good, considering the circumstances.
Bonus System.
The Bonus system proves itself in case of the Eastern workers, industrial workers as well as farmers. Thus in the District Dniepropetrovsk, especially good results were achieved in the delivery of sunflowers, when 1 kg oil was made available to the farmer for every 100 kg of seeds delivered.
An especially attractive bonus is the distribution of tobacco. In several districts, the tobacco, allocated to certain armament and/or war economic plants, is distributed equally up to 90% to the workers, whereas the remaining 10% * * *
V. Salary, Money, Market--Price Problem
The salaries which are being paid at the present time in the Eastern area are so low, in comparison to the general market prices, that they are of absolutely no value: Actually, in the entire section, there exists no salary problem at all, but merely a food problem. It is impossible to raise the salaries in order to thereby make it possible for the workers to purchase the most essential consumer goods. There is enough money. The reporter experienced repeatedly that for example, porters, unskilled laborers, etc., were in possession of such amounts of money as no German General possessed. A raise of salaries would only constitute a swelling of the circulation of a medium of exchange and a further price increase.
Comparison with the Japanese Experience in China.
In the entire Eastern Area, prices are being paid today for food and consumer goods which are actually inflationary. The reporter, who before the war, in 1939 had the assignment to conduct the same investigations on the Chinese-Japanese battle front, today in the Eastern area can only determine that the German administration is repeating the same mistakes which Japan had previously exercised in the occupied Chinese territory.
Combining the Reichs-kreditmark with the Ruble.
The greatest financial mistake which we could have made was to combine the Reichsmark, respectively the Reichskreditmark with the Ruble, similarly as Japan had done with its leveling, in connection with the Chinese dollar, until after severe set-back, it was at last recognized that this had been the greatest mistake which could have been made at all by the Japanese financial policy.
The Reichskreditmark, which, not only in the Eastern, but also in other occupied territories, is the medium of exchange which the combat soldier accepts as standard salary, is today actually of inflationary value. Her fate depends on the Ruble, which is entirely beyond our control. Today there is no German office which could determine in which amounts the Ruble is circulating, which amounts, thru robbing of the inhabitants, have come into additional circulation at the Finance Offices and which amounts are brought in by the Bolshevists through the Front, into the occupied territory.
We therefore made the same mistake with the same repercussion. Just as Japan, after several years of the Chinese-Japanese war, decided to withdraw from the former use of enemy currency, we too shall have to take that step. The quicker this happens, the better it will be.
The Karbovanetz Experiment.
The introduction of the Karbovanetz in the Ukraine, put through as an attempted solution, must be recognized as such, although it, as local experts of the Reichscommissariat themselves confirm, was a useless attempt. It is so because a partial solution is senseless in the huge Eastern Area and the Karbovanetz is meaningless as long as the other immense territories retain the Ruble.
The attempt was also doomed to failure because currency problems can only be solved together with the consumer goods problem. One can determine and control mediums of exchange; nothing is changed in the price fixing, as long as not even a half way satisfactory consumers goods offer opposes the continuous flow of mediums of exchange to the working country--and city inhabitants.
The currency political experiment, taken as a whole, must therefore be considered as a failure in the Ukraine. It has only brought unrest to the people. Above all, the fact that large banknotes are not redeemable in Karbovanetz, has resulted in the transport of money into the other sections, where the notes are changed into small coins.
Central Solution of Currency Problem.
This case proves particularly well that such efforts towards solution should be conducted only centrally, never locally. This example is further proof that, as all the General officers of the Army sector and Army groups had informed the reporter the greatest danger in the Eastern area was the lack of a central leadership in the Civilian Administration.
VI. Care of the sick--Self Aid Service
With a view to the aim, that is to say, the maintenance of the able-bodied person, the most important beside the sustenance, is the care of the sick and the safeguarding of those people who through lengthy illness have become unfit for work.
In some Army sectors, in the meanwhile, precautions for the care of the sick have been taken, and it is true, not only in the interest of the country inhabitants working for the German Armed Forces, but above all, in recognition of the Russian Psyche, for their families as well. The measures, carried out in this sense in the various Army sectors, must be taken over in general.
The lack of medicinal items, in the entire Eastern Area, is particularly catastrophic. The number of hospitals, doctors and medical personnel is fairly adequate, despite the abductions during the retreat of the Bolshevists. In order to uphold the standard of the people, for the purpose of war economic and military utilization, you must however work primarily for the accumulation of medicines for the entire Eastern territory.
Exemplary Solution in the Northern and Central Army Sector
Of particular importance is the so-called Self Aid Service, which represents a special measure of the first order for the entire Russian area and which expects to lift the social calibre of the peasantry in the Northern and Central Army Sector. It is necessary to spread this organization to all other occupied territories.
As the reporter was able to determine, on the basis of intensive investigations, particularly in this field, measures were taken during the Bolshevistic period, which on the average, correspond to the German conditions. The partially carried out and proposed emergency measures for further accomplishments correspond of course in no way to the former Bolshevistic and other accomplishments as customary in Germany today. They have in fact the exclusive aim to keep the most important portions of the Eastern Nations alive and capable of working for the German Armed Forces and the sustenance of the German people.
VII. The School System
The viewpoint represented up to now by numerous German offices in the Eastern area, that the Slavic person should be kept in a condition which could not be primitive enough, cannot practically be carried out. All Military posts, all Civilian Administrative offices, with which the reporter spoke on this problem took the viewpoint that the front, like the German war economy, was in need of a worker's replacement, which could not be supplied by 3rd or 4th grade primary schools.
No Breeding of Superfluous Intelligentsia.
Without exception, the viewpoint is taken, of course, that it would be wrong to heed a Russian intelligentsia, which without possibility of commitment, dissatisfied and without work, tomorrow would have to become the bearer of National, Revolutionary and Panslavic ideas. It is here important to keep a proper plan in mind. To point here to India, to England's faulty policy, is premature. The reporter had the opportunity to study the English colonial policy in India. It is true that the English, out of consideration for later working possibilities, make it possible for every Hindu to study at any desired school or college. In this manner, a Hindu proletarian intelligentsia was created. However--on the other side of every propaganda--one must admit today that, as the result of this English policy, today, in the darkest home of the Empire, one cannot speak of serious uprisings in India and that the Indian economy is working one hundred percent for the British war.
The British Experiences.
It is, however, not decisive as was sometimes believed, if a young native inhabitant in a subordinate section has a college education or is illiterate, but decisive is the fact whether this person is satisfied with the extensive utilization of labor and thereby actually is the best collaborator of the ruling people, or if he, regardless of what educational class he belongs to, dreams only of the downfall of this ruling class. The fact that England, as the third people after the Greek and Roman Empire has succeeded on the basis of a century-long experience of her colonial statesmen to gain supporters for herself among the best of the conquered peoples is the basis of the rule of the British Isle.
The German Language in the East.
If we are prohibiting today the learning of the German language in the occupied Eastern territories, then this is considered only a sign of weakness, not that of strength. Military detachments told the reporter that they were in many instances asked by the natives why their children were not allowed to study the German language. The Russians concluded from this that the Germans intended to leave the Eastern territory in the shortest possible period of time. Throughout the existence of world history, the conquered have learned the languages of the ruling peoples. This law of nature cannot be changed.
Today it is actually so, that--contrary to the order of the Ministry for the East-German is being learned and taught everywhere. Especially exemplary is the settlement at Selzner in the General Commissariat Dniepropetrovsk, where in the professional schools all professional and technical expressions are taught to the apprentices right away in the German language.
Replacement [Nachwuchs] of Specialists.
Aside from the general school education the question of specialist training for industrial use plays the decisive part at present. Here also the way and manner is exemplary in which the solution is being executed in the General Commissariat Dniepropetrovsk with an inclination toward Bolshevist examples.
This concerns handicraft schools with attached retraining shops, which are connected with practical work in the factory.
The youths between the ages of 14-16 years, who have left school, attend a training course in industrial preparatory school, which lasts two months, after having taken a capability examination with the employment office. Then follows practical work in a factory; duration 6 month. This is followed by another training course of 2 month. After every attendance of a semester the youth advances into the next higher wage class. Altogether 12-16 months of training are given.
The system turns out useful specialists within the shortest period of time, even though they are not painstaking craftsmen. The continuation of this method is to be urgently recommended in view of the mobilization of labor, and if possible it should be executed by a central order for the remaining occupied Eastern territories.
In Dniepropetrovsk itself especially good participants of the training courses are finally taken over after the Germans example into an apprenticeship of three years' length, where their final training takes place under German supervision.
Retraining in Critical Professions.
With the same system the unskilled workers who were left behind by the Bolshevists are being retrained in the critical professions: metal craftsmen, construction craftsmen, carpenters, and stone cutters. Further schools for car mechanics, tractor drivers, etc., have been established and schools for other professions are being planned.
Medical and Legal Replacement Necessary.
Besides this special training for industrial use a thorough training of the young generation also in the medical, veterinary, and legal fields is necessary. Because we need the Slav as a peasant and worker and tomorrow as a fighting soldier, in order to maintain ourselves against the whole world, it is necessary that especially in the medical field the required education for the maintenance of the population, whose life and work is necessary for our front. The impetus is the greater, because already today the time has arrived, when Ukrainian and/or Russian doctors are working in the Reich itself as assistant doctors in German hospitals because of the lack of doctors and thereby represent to the leading doctors a more valuable help than the inexperienced young German generation.
The Rising Generation of Farmers.
Just as important is the rising generation of farmers. In reality, in the East, the Specialist Officers [Sonderfuehrer] who cultivated at home 10 Mozgen, does not manage half a dozen communal farms [Sovchose] and state farms [Kolchose] with a total of a hundred thousand hectars, but the problems of such agricultural installations are mastered by the Bolshevist agronomist subordinate to the former, who has received a preliminary training during the Bolshevist period in order to manage huge industrialized agricultural installations.
Basic Meaning of the School Problem.
However, the question of schools, apart from all practical aspects of the rising generation of workers is urgent for us, also for propagandistic considerations. All efforts of the reporter to determine which apart from the practical social measures of Bolshevism, of the number of Moscow's ideological propaganda slogans has developed actually the strongest public appeal, yield the following unmistakable picture:
The entire population of the Soviet Union, even as far back as the most remote village--despite all terrors--had the conviction that each and every one carries the marshal's baton in his knapsack. Every farmer's son, every worker's child actually had every opportunity for advancement in the countless schools of the Soviets. There was no village in which one or more farmer families could not state proudly that their daughter or their son is an engineer or a doctor or chief agronomist or Commander of the Red Army, etc. There was an unusually broad middle strata of Soviet intelligentsia, whose highest aspiration was the continuation of education, the breaking into the scientific world.
As a sole sample taken at random the Sovchos Semlianskaia near Voreschilovsk is mentioned. The following comprise the administration of this State property; a director with a monthly salary of 1000 Rubles, his deputy 600 Rubles, another agronomist for special assignments with 600 Rubles, two agronomists for sheep with 450 Rubles each, the chief animal agronomist with 850 Rubles, two animal specialists with 450 Rubles each, the veterinary with 750 Rubles, two assistants with 450 Rubles each, the chief shepherd with 350 Rubles, the bookkeeper with 750 Rubles, his deputy with 500 Rubles, three more bookkeepers with 350 Rubles each.
Such a staff of "these of the intelligentsia" [Intelligenzlern] administred 20,000 hectars with 605 workers, including the members of the family.
The crass transition from the Bolshevist propaganda of the "ascent" [Aufstieg] into the intelligentsia to our method of closing all schools is perhaps the very measure which is the most dangerous for our domination in the East.
Theater and Film
In the same connection the theater and film question is important. The incident in Kiev is well known, where, after the presentation of a revue under German stage-direction with nude girls, etc., although subdued but completely unmistakable protest reactions by the native inhabitants were the result. The Russian and the people of the East area influenced by him, still considered the theater as an educational institution. They expect either education or a political tendency in the sense of training. In the serious theater, every activity of amusement appears to them as a sacrilege and consequently our revues and soldier shows as a barbaric action against culture.
It is similar with the motion pictures. After the appearance of the first German entertainment films, for a long time the native public vainly racked its brains over their tendency. All German offices, all interpreters, all native inhabitants who were linguists were overwhelmed with pertinent questions. Apparently the peasants agreed on the solution that all German films, which, as is known, take place in an atmosphere of luxury essentially have a marked tendency to glorify capitalism and its outward forms.
Accordingly, it is vital to exercise the greatest caution and tact in the selection of films for the Eastern area. It is best to exhibit cultural films, which are received with the greatest elucidation.
VIII. The Judicial Problem
Collegiate Courts or Single Judges
In various army areas, as well as in the Reich Commissariat Ukraine, a legal code have been created for the arbitration of civil court disagreements. As for details, the opinions differ. In the Army Area North and in Army Area Center, collegiate courts have been set up. In the Ukraine, the point of view is taken that the single judges are better, because the Slav has the tendency to evade the responsibility. There were endless proceedings in the collegiate court without the possibility of arriving at a clear-cut judgment, but the single judge is forced to pronounce a sentence on his own responsibility. This shortens the proceedings and is more favorable in its consequences.
Trained Jurists
The experience and conclusion that only trained jurists are fit for this judicial office is general and unmistakable. This conclusion is general. It was explained especially clearly in the General Commissariat, Dniepropetrowsk by the highest judge, who is continually traveling in the country and is professionally best equipped to judge the situation. This example also proves that the 3 year elementary school [Grundschule] in the Eastern area is unfeasible.
In the necessary clarification of the legal code the inheritance law (testaments) and marital law in particular are very urgent.
IX. Unified Leadership.
The complaint of all military offices as well as numerous civil administration offices is that today the Ministry for the East is not uniformly decisive in the Eastern area, but that a half dozen other offices act independently. In the appendix a chart of the structure of Army Group A is included which shows how many and what offices work on their own responsibility, outside of the proper military administration in its sphere.
Of course, this independence of individual offices gives them an extraordinary striking power, but in the long run this division of authority cannot be kept up. Even if the mentioned offices retain their general independence in the future, it must by all means, be achieved that the commander of the army areas are given the authority to delegate to all these offices the tasks designated for the individual commitments after previous consultation. Every military and civil leader with final responsibility in the Eastern area is weakened in his authority and thus also in view to the achieving of his aims by the fact that there are today, a half dozen officers which act independently in his sphere without having to subordinate their own interests to the overall interest of the particular sector. This division of jurisdiction is the same over-bureaucratization which we justly criticize in our enemies and which the Fuehrer has often enough branded as the cause of the weakening of our effort.
It will have to come that the highest leadership issues directives which are decisive for the civil as well as military administrative districts, whereby a basic law, according to an English model, has to be considered always: first of all experiments are made, and only then, after examination of the experiences, will the final decisive orders be given by the central office. This knowledge of leadership from century old experience, as possessed by the British Empire must finally be taken over by the proper central administrative authorities in Berlin.
X. Administrative Experiment Areas.
The Army Area, respectively Army Group A (Caucasus) have organized experimental areas of the administrative type, and namely one in the territory of the Cuban-Cossacks around Unmanskaia, which includes six regions with a population of about 150,000 each, the other one in the area of the Karatschaier.
The two closed settlement groups of the Karatschaier are led by a committee of the eldest, each consisting of 8 of the noblest persons of the tribe, who are directly subordinated to the local commander in an advisory capacity.
The cooperative [Kolchos] land is divided up, and given to the farmers as their property. The old farmland from the Bolshevist period is tax-free, taxes are levied for the new.
In the experimental area of the Cuban-Cossacks, the role of the local commander is changed. Six regions are concentrated under one field commandant. The District Ataman is subordinated to the field commandant in an advisory capacity.
Furthermore, a special economic liaison staff has been created which is directly subordinated to the economic inspectorate Caucasus. The county Agricultural Supervisor [Kreislandwirt] must turn to him. The regional agronomist is also subordinate directly to the liaison staff.
The attempts to carry out a certain amount of self administration deserve the highest attention in the framework of the reconstruction policy in the East. We must learn from experiments. Whatever proves itself here must be exercised again tomorrow in the best suited areas, perhaps in the Ukraine, then again in parts of districts.
XI. Realist-Political Leadership of the Peoples in the Eastern Area.
An ideological goal must be given to the peoples of the Eastern area, where already today and tomorrow even more the last inhabitant is used for essential agricultural or war economic task, above that where his use in military combat, whether it is against partisan or directly on the front has already begun. As long as no such goal is in front of the eyes of the Slav, we must expect that all forces, organized in the meantime, will turn against the German leadership in case of a military reverse, with which a far sighted policy always must count upon.
Never in world history was there such a condition, whereby a large people respectively several large peoples gave their entire working power and their blood in military commitments without knowing what results they can achieve by this for themselves, their children and their children's children. The fact that we do not recognize this thesis of experience of history will cost us tomorrow the blood of hundreds of thousands of German soldiers. There is no General of the German Armed Forces today who has any understanding that we believe to be able to dominate the Slavs without consideration of this fact.
Self Administration
This impression of the Eastern peoples that their work and military utilization in the German service is meaningful, can only be achieved by giving them self administration in a national-political respect as a goal. Secret slogans can actually never be kept secret, that is known. Today, the conviction is at large all through the Eastern area that Germany has the intention to put the Slav on the same level as the Negro; that the Slav must be biologically exterminated at the first possible moment, that at best he would be all to seek his livelihood beyond the Ural mountains.
This knowledge constitutes the greatest danger for the German leader who wants to organize the Russian area. Already the fact that the marked conviction in the Eastern area is generally known and widespread today, means a weakening of the war economic and soldierly potential of the Slav, such as no partisan propaganda could achieve to such an extent.
Primacy of War Necessities
All of these projects exist beyond any ideological attitude. The military and war economic necessities are the only guides. If we forsake them, then the German soldier at the front will have to pay for our political errors in disposition with his blood.
We must build, by taking only those measures, beyond all ideology, which may be suitable after a victorious peace, which are useful in furthering the working and soldierly commitment of the Slav in our interest and thereby conserve German working power and German blood, and bring German victory closer.
* * * * *
Appendix A Daily Food Rations in the Occupied Eastern Territories. (in grams)
-------------------------+--------+-------+------+----------+---------- | | | | Prepared | Consumer Class | Bread | Meat | Fat | Foods | Potatoes -------------------------+--------+-------+------+----------+---------- _In the Towns of Army | | | | | Area A (Caucasus)_ | | | | | | | | | | Normal Consumer | 215 | -- | -- | -- | -- | | | | | Worker for the German | | | | | Armed Forces | 345 | 28.5 | 10 | -- | -- | | | | | Very Heavy Worker for | | | | | the German Armed | | | | | Forces | 428 | 43 | 14.3 | -- | --
In some villages potatoes and vegetables are missing altogether.
-------------------------+--------+-------+------+----------+---------- In the Ukraine (without| | | | | legal claim) | | | | | | | | | | Unemployed | 215 | 14.3 | -- | -- | 286 | | | | | Families of those working| | | | | for German interests | 215 | 14.3 | -- | 71,5 | 286 | | | | | Workers for the German | | | | | Armed Forces | 286 | 28.6 | -- | 71,5 | 355 | | | | | Very Heavy Workers for | | | | | the German Armed | | | | | Forces | 355 | 42.8 | -- | 355(?) | 355
These rations were issued hardly anywhere until now; especially the first two groups mentioned have not received these rations in most cases.
-------------------------+--------+-------+------+----------+---------- _In the Towns of the | | | | | Crimea_ | -- | -- | -- | -- | -- | | | | | Workers for the German | | | | | Armed Forces | 300 | -- | -- | 71,3 | -- | | | | | Families | 200 | -- | -- | -- | -- | | | | | Children under 14 | 100 | -- | -- | -- | -- | | | | |
According to the importance of the factory, 3-5 grams of sunflower oil is distributed daily.
Appendix A--Continued
----------------------------+-------+------+------+----------+--------- | | | | Prepared | Consumer Class | Bread | Meat | Fat | Foods | Potatoes ----------------------------+-------+------+------+----------+--------- _In the Towns of the General| | | | | Commissariat | | | | | Dniepropetrovsk_ | -- | -- | -- | | -- | | | | | | | | (Oil)| | | | | | | Normal Worker | 250 | -- | 6 | 50 | -- | | | | | Heavy Worker for the | | | | | German Armed Forces | 300 | -- | 6 | 50 | -- | | | | | Very Heavy Workers for | | | | | the German Armed | | | | | Forces | 400 | -- | 15 | 50 | -- | | | | | Miners | 700 | -- | 20 | 100 | -- | | | | | Women and Children | 250 | -- | -- | -- | -- ----------------------------+-------+------+------+----------+---------
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PARTIAL TRANSLATION OF DOCUMENT 1383-PS
Excerpt from Transcription of a Stenographic Report of Discussion of the Current Military Situation--dated 12 December 1942--[Pages 65 and 66.]
Jodl: The Military Commander of France reports: The number of those French workers who were deported into the Reich since 1 June has now passed 220,000. There are, in round figures, 110,000 specialists in Berlin. An agreement has been successfully concluded with the French Government about cession of an oil refinery with a capacity of 1/2 million tons. More than that, the French Government has agreed to furnish other installations if need be.
(Reading)
There is nothing else to report from France. The sending away of the 121st and 304th was good. One already more than 50 trains, the other about 46 trains.
Down there in the Balkans a clean-up campaign is under way in Jajce. Where the opponent has retreated, he is being pushed. Those mountains here are quiet. At * * * across the demarcation line, have thrown back the enemy. Here he has attacked very hard, left 37 dead. People are continuously being arrested in Belgrade. One can say that every day between 15 and 30 Mihailovic followers are being shot.
Up here where the Italians have started to withdraw, the pressure has already become somewhat livelier. Here are concentrations,--here is where once in a while the railways are being destroyed, and also in this area where the pressure of the enemy against this contemplated Italian line is increasing.
Down here another clearing action by the Italians is now in swing.
In Finland everything is quiet, also after these fake attacks day before yesterday.
PARTIAL TRANSLATION OF DOCUMENT 1384-PS
Conference of the Fuehrer with General Field Marshal Keitel and General Zeitzler on 8 June 1943 at the Berghof-- Extract from stenographic notes.
[Page 6] The Fuehrer: * * * I can only say: we will never build up a Russian army, that is a phantom of the first order. Before we will do so, it will be much simpler if I get the Russians as workers in Germany; that is much more decisive. I don't need a Russian army which I have to strengthen with German corset stays through and through. It serves my purpose if I get Russian workers instead. Then I can release the Germans and reeducate the Russians. For us the most successful thing lies in the production of the Russian workers who are employed in Germany; of course, we have to feed them in a different way if we thrust a maximum amount of work upon them.
* * * * *
[Page 12] He said: Here, I lose 500,000 Jews. I must take them away, because the Jews are the element of revolt. But in my area, actually, the Jews were the only tradesmen. Now they want to set up high schools and grammar schools, thereby building here, a national Ukrainian state, that should in the future, fight against Russia. I am not even in a position to have the worker, who must work here, have his boots repaired. I can't do that because the tradesmen are no longer here. The Jews are all gone. What is more important, that I train the Ukrainians how to mend boots, or that I send them high schools so that they can build up the Ukrainian state?
* * * * *
[Page 25] Keitel: Now about the employment of people from deserters camps.
Fuehrer: I am of the opinion that they should be transferred to Germany and used there. They are prisoners of war. If I only could transfer 30, 40 or 50,000 men to the commissioner for coal production! But then they will have to be treated really in a decent way.
Zeitzler: I have set as my goal that they should become decent workers in Germany. We can't do much with deserters at the front. I can commit a few of them as volunteers for replacements. But the majority should go to Germany as workers in order to release Germans.
Fuehrer: I can only say: if we do not straighten out our coal affairs, the moment will arrive when I shall not be able to produce either ammunition or explosives anymore, nor will we be able to build submarines. This will happen in 100 other fields too. It is idiotic. But the moment will arrive. It is already tragic when the Italians come and ask us why do we not deliver this or that. I have to deliver it. We cannot, because we haven't got enough coal. That is sloppy, of course.
TRANSLATION OF DOCUMENT 1386-PS
1936 REICHSGESETZBLATT, PART I, 378 Law concerning the granting of amnesty of 23 April 1936
The Reich government has decided to enact the following law, which is announced hereby.
Par. 1
1. Amnesty is granted for punishable acts which the perpetrator has committed in his eagerness to fight for the National Socialist ideal. Excluded are intentional offences through which death of a human being has resulted; excluded also are acts, the motives and nature of which show base intentions of the perpetrator.
2. Sentences which through the punishable acts described in Par. 1, are recognized to be legal and are not yet carried out when this law goes into effect, will be remitted. Pending prosecution will be put off if the act has been committed before 20 April 1936; new prosecutions will not be established.
Par. 2
Amnesty is also granted for other punishable acts, under the provisions of the following regulations:
1. When this law goes into effect, sentences recognized as valid, but not yet carried out, will be remitted, if they consist of not more than one month imprisonment and/or a fine (the latter may be changed into one month imprisonment). If on account of several separate actions, a total fine is imposed, amnesty is only valid if the fine does not go over the limit described in section 1; when this law goes into effect, the same rule applies when several legal convictions are combined into one.
2. Pending prosecutions for offences, committed before 20 April 1936, will be put off if no higher punishment or combined punishment, of one month and a fine, can be expected. New prosecutions will not be established.
Par. 3
1. In addition to #1 and #2, when this law goes into effect, fines and imprisonment not exceeding 6 months either separately or both together recognized to be valid but not yet carried out, or which are still imposed for acts committed before 20 April 1936, will be remitted conditionally if they apply to:
1. Punishable acts against the law concerning treacherous attacks against the State and Party and for the protection of the party uniforms of 20 Dec. 1934 (Reichsgesetzblatt I, page 1269) with exception of offences against section 3 and section 5, chapter 1--as well as punishable acts against section 134 a and b and section 130 of the penal code.
2. Insults against the Fuehrer and Reichs Chancellor and other leading personalities of the state or the NSDAP, as well as other insults or physical injuries resulting from political arguments (sections 223, 223a of the penal code), and punishable remarks of dissatisfaction according to section 360 No. 11 of the penal code.
2. The same applies to punishable acts against section 330a of the penal code dealing with punishable acts as described in section 1 No. 1 and 2.
3. The fine will be remitted under the condition that the perpetrator does not commit a crime or a deliberate offence for a period of 3 years following the granting of the conditional amnesty.
Par. 4
The Reichsminister of Justice will issue the necessary regulations for the execution of this law.
Par. 5
The law goes into effect on the day following the publication. Berlin 23 April 1936
The Fuehrer and Reich Chancellor Adolf Hitler The Reich Minister of Justice Dr. Guertner
TRANSLATION OF DOCUMENT 1388-PS
1933 REICHSGESETZBLATT, PART I, PAGE 479
Law concerning confiscation of Property subversive to People and State of 14 July 1933
The Reich Government has enacted the following law which is hereby promulgated:
The provisions of the Law confiscating Communist Property of 26 May 1933 (RGBl I, 293) are applicable to assets and interests of the Social Democratic Party of Germany and their welfare and affiliated organizations and also to assets and interests which are used or destined to promote Marxist or other activities found by the Reich Minister of the Interior to be subversive to people and state.
Berlin, 14 July 1933 The Reich Chancellor Adolf Hitler The Reich Minister of the Interior Frick
TRANSLATION OF DOCUMENT 1388-A-PS
1933 REICHSGESETZBLATT, PART I, PAGE 479 Law Against the New Establishment of Parties July 14, 1933
The German Government has enacted the following law, which is herewith promulgated:
Art. 1
The National Socialist German Worker's Party [Nationalsozialistische Deutsche Arbeiterpartei] constitutes the only political party in Germany.
Art. 2
Whoever undertakes to maintain the organizational structure of another political party or to form a new political party will be punished with penal servitude up to three years or with imprisonment of from six months to three years, if the deed is not subject to a greater penalty according to other regulations.
Berlin, den 14 Juli, 1933. The Reich Chancellor Adolf Hitler The Reich Minister of the Interior Frick The Reich Minister of Justice Dr. Guertner
TRANSLATION OF DOCUMENT 1389-PS
1935 REICHSGESETZBLATT, PART I, PAGE 769 Law creating Reich Labor Service of 26 June 1935
The Reich Government has decided to enact the following law which is hereby made public:
Chapter I
Labor Service of the Reich
Article 1
1. The Reich Labor Service is a service of honor for the German people.
2. It is the duty of all young Germans of both sexes to serve their nation within the Reich Labor Service.
3. It is the task of the Reich Labor Service to educate the German youth in the spirit of National Socialism for the community of the nation and the true conception of labor, particularly to inspire them with the necessary respect for manual labor.
4. The purpose of the Reich Labor Service is the execution of work for the common benefit.
Article 2
1. The Reich Labor Service is subordinated to the Reich Ministry of the Interior. The Reich Labor leader rules under its jurisdiction over the Reich Labor Service.
2. The Reich Labor leader is at the head of the Reichsleitung of the Labor Service. He dictates its organization, decides about the mobilization of labor and directs training and education.
II. The Labor Service Duty of the Male Youth
Article 3
1. The Fuehrer and Reich Chancellor determines the number of the eligible recruits for every year and decides about the length of service.
2. The service starts at the minimum completed age of 18 and ends with the maximum completed age of 25.
3. As a rule, the eligible recruits will be called for labor duty in the year of completion of their 19th year.
4. Voluntary admission at an earlier age is possible.
5. Prison terms of more than 30 days will have to be made up for by the recruits and volunteers of the Reich Labor Service, if their offense does not make necessary their dismissal from the Reich Labor Service, according to Article 16.
Article 4
The eligible recruits for labor will be conscripted by the "Ersatzdienststellen of the Reich Labor Service."
Article 5
1. The following are excluded from the Reich Labor Service:
a. ex-convicts,
b. who is not in possession of the civic rights,
c. who comes under the regulations of security and correction according to Article 42a of the penal code,
d. who has been expelled from the National Socialist Party because of dishonorable activities,
e. who has been condemned by the court because of activities against the State.
2. The Reich Minister of the Interior can make exceptions concerning Part 1, letters c and e.
3. Labor Service recruits who have been declared unworthy to occupy public offices can only be called, after the time of the loss of that honor, determined by the verdict, has elapsed.
Article 6
1. Persons who are completely unfit for labor service will not be conscripted for same.
2. Labor Service recruits residing abroad or intending to go abroad can be exempted from the fulfillment of labor service for up to two years, in exceptional cases even permanently, but in any case only as long as they stay abroad.
Article 7
1. Not eligible for labor service are persons of non-aryan descent or who are married to a person of non-aryan descent. The ruling of the Reich Minister of the Interior as in Article 1, part 3 of the Reich Law for Civil Servants, dated 8 August 1933 (RGBl I, 575), determines who is to be considered of non-aryan descent.
2. Non-aryans who have been declared worthy for armed service [wehrwuerdig] according to Article 15, part 2 of the Armed Service Law [Wehrgesetz] can also be accepted for labor service. They cannot occupy superior positions in the labor service, though.
Article 8
Eligible labor recruits can be deferred from labor service for up to 2 years, in the case of vital professional reasons up to 5 years.
Chapter III
The Labor Service Duties of the Female Youth
Article 9
The rules concerning the labor service of the female youth will be a matter of special legislation.
Chapter IV
Duties and Privileges of the Members of the Reich Labor Service
Article 10
1. The following are members of the Reich labor service:
a. The cadre,
b. The conscripted recruits,
c. The labor service volunteers,
2. People can be hired by contract for certain functions of the interior service.
Article 11
1. The cadre consist of the leaders and office holders according to plan (T.O.) as well as the candidates for these offices. The regular leaders and office holders work for the Reich Labor Service on a professional basis.
2. The leader candidate has to sign up for at least ten years of continuous service and must prove his aryan descent, before he can be promoted to a regular leader [Truppfuehrer-sergeant]. He must also have accomplished his military service.
3. Regular leaders and office holders must absolutely resign at a certain age limit.
4. Civil servants of other administrations who are transferred to the Reich Labor Service retain their claim concerning their financial privileges which they acquired prior to their transfer.
5. The Fuehrer and Reich Chancellor nominates and dismisses the members of the Reich Labor Service from the rank of major [Arbeitsfuehrer] and up. The other members of the Reich Labor Service are nominated and dismissed by the Reich Minister of the Interior on the proposal of the Reich Labor Leader [Reichsarbeitsfuehrer]. He can confer this authority onto the Reichsarbeitsfuehrer.
Article 12
1. A regular Fuehrer or office holder can be dismissed from the service in any of these instances:
a. in justified cases on his own request,
b. if he does not possess any more the necessary physical and mental capacities to carry on in his job, and if the recovery of these capacities cannot be expected within a year, according to a certificate of a doctor of the labor service.
c. if his superior decides that he does not possess the necessary qualifications any more to carry on in his office.
2. Subsequent discovery of reasons for inadmissibility to the Reich Labor Service according to Articles 5 and 7 will result in immediate dismissal.
3. The intention of dismissal is, in the cases of part 1, letters b and c, to be made known 3 months in advance to the members of the cadre with more than 5 years of service and 1 month for the other members, with the motivation of dismissal. No previous notification of dismissals are necessary in all other cases.
Article 13
The membership of the Reich Labor Service lasts from the day of admission or conscription [Gestellungstag] until the end of the day of discharge.
Article 14
Membership of the Reich Labor Service does not constitute a work and service relationship in the sense of labor rights and social security as put down in Article 11.
Article 15
The members of the Reich Labor Service come under the penal regulations of the Reich Labor Service.
Article 16
1. Labor service recruits and volunteers can be released before the end of their term in the following cases:
a. on their request, if a reason for deferment, according to Article 8 came into existence after induction.
b. if they are no longer in the possession of the physical or mental capacities necessary for the performance of the service.
2. A premature dismissal of labor service recruits and volunteers must be ordered in the case of subsequent discovery of reasons for inadmissibility to the Reich Labor Service according to Articles 5 or 7.
Article 17
1. Members of the Reich Labor Service who belong to the National Socialist Party, cannot participate in the activities of the Party or its sub-divisions.
2. In order to acquire and to exercise membership of any kind of organization as well as in order to form any kind of organization within or without the Reich Labor Service, the members of the Reich Labor Service must first obtain the authorization of the Reich Labor Service. The acquisition of membership of the National Socialist Party does not necessitate an authorization.
Article 18
The members of the Reich Labor Service must obtain an authorization in order to get married.
Article 19
The members of the Reich Labor Service must obtain an authorization in order to carry on a trade, for themselves and the members of their household, as well as in order to accept a paid, supplementary occupation.
Article 20
1. The members of the Reich Labor Service can refuse the position of a guardian, trustee, foster-father and supporter as well as any honorary occupation in the service of the Reich, country, community or the party.
2. An authorization is necessary for the acceptance of such a function. It can only be refused in vital cases.
Article 21
Members of the Reich Labor Service are entitled to free medical treatment and care in the case of sickness and accidents, according to special regulations.
Article 22
The salaries of the members of the Reich Labor Service are handled by the wage regulations of the Reich Labor Service.
Article 23
1. Financial claims resulting from the participation in the Reich Labor Service come under the regulations applicable to civil servants of the Reich. The highest authority in the spirit of these regulations is the Reich Labor Leader.
2. The decisions of the Reich Labor Service concerning the induction (Articles 5, 6, 7), deferment (Article 8) and dismissal (Articles 12 and 16) are binding for the courts. The same applies to decisions about temporary relief of duty.
Article 24
The protection of the incapacitated in performance of the service and the personnel release after at least ten years of service and their survivors is regulated by the Reich Labor Protection Law [Reichsarbeitsdienstversorgungsgesetz].
Article 25
1. The Fuehrer and Reich Chancellor or his appointed representative office can authorize the departing members of the Reich Labor Service to wear the Reich Labor Service uniform until further notice.
2. This privilege is ordinarily only granted after at least 10 years of honorable service.
V. Final Instructions
Article 26
The legal and administrative regulations necessary for the execution and completion of this law will be issued by the Reich Minister of the Interior.
Article 27
1. This law becomes effective the day of its publication.
2. The Reich Minister of the Interior is authorized to determine at a later date for the effectiveness of various regulations of this law.
Berlin, 26 June 1935 The Fuehrer and Reich Chancellor Adolf Hitler The Reich Minister of the Interior Frick
TRANSLATION OF DOCUMENT 1390-PS
1933 REICHSGESETZBLATT, PART I, PAGE 83
Decree of the Reich President for the Protection of the People and State of 28 February 1933
In virtue of Section 48 (2) of the German constitution, the following is decreed as a defensive measure against Communist acts of violence, endangering the state:
Article 1
Sections 114, 115, 117, 118, 123, 124, and 153 of the Constitution of the German Reich are suspended until further notice. Thus, restrictions on personal liberty, on the right of free expression of opinion, including freedom of the press, on the right of assembly and the right of association, and violations of the privacy of postal, telegraphic, and telephonic communications, and warrants for house-searches, orders for confiscations as well as restrictions on property, are also permissible beyond the legal limits otherwise prescribed.
Article 2
If in a state the measures necessary for the restoration of public security and order are not taken, the Reich Government may temporarily take over the powers of the highest state authority.
Article 3
According to orders decreed on the basis of Article 2, by the Reich Government, the authorities of states and provinces [Gemeindeverbaende], if concerned, have to abide thereby.
Article 4
Whoever provokes, or appeals for or incites to the disobedience of the orders given out by the supreme state authorities or the authorities subject to them for the execution of this decree, or the orders given by the Reich Government according to Article 2, is punishable--insofar as the deed is not covered by other decrees with more severe punishments--with imprisonment of not less than one month, or with a fine from 150 up to 15,000 Reichsmarks.
Whoever endangers human life by violating Article 1, is to be punished by sentence to a penitentiary, under mitigating circumstances with imprisonment of not less than six months and, when violation causes the death of a person, with death, under mitigating circumstances with a penitentiary sentence of not less than two years. In addition the sentence may include confiscation of property.
Whoever provokes or incites to an act contrary to public welfare is to be punished with a penitentiary sentence, under mitigating circumstances, with imprisonment of not less than three months.
Article 5
The crimes which under the Criminal Code are punishable with penitentiary for life are to be punished with death: i.e., in Sections 81 (high treason), 229 (poisoning), 306 (arson), 311 (properties), 324 (general poisoning).
Insofar as a more severe punishment has not been previously provided for, the following are punishable with death or with life imprisonment or with imprisonment not to exceed 15 years:
1. Anyone who undertakes to kill the Reich President or a member or a commissioner of the Reich Government or of a state government, or provokes to such a killing, or agrees to commit it, or accepts such an offer, or conspires with another for such a murder;
2. Anyone who under Section 115 (2) of the Criminal Code (serious rioting) or of Section 125 (2) of the Criminal Code (serious disturbance of the peace) commits the act with arms or cooperates consciously and intentionally with an armed person;
3. Anyone who commits a kidnapping under Section 239 of the Criminal Code with the intention of making use of the kidnapped person as a hostage in the political struggle.
Article 6
This decree enters in force on the day of its promulgation. Berlin, 28 February 1933.
The Reich President von Hindenburg
The Reich Chancellor Adolf Hitler
The Reich Minister of the Interior Frick
The Reich Minister of Justice Dr. Guertner
TRANSLATION OF DOCUMENT 1391-PS
1934 REICHSGESETZBLATT, PAGES 605-607, 12 July 1934.
Statute of the Academy for German law.
Par. 1
It is the task of the Academy for German Law to further the rejuvenation of the Law in Germany. Closely connected with the agencies competent for legislation, it shall further the realization of the National Socialist Program in the realm of the Law. This task shall be carried out through well-fixed scientific methods.
The academy's task shall cover primarily:
1. The composition, the initiation, judging and preparing of drafts of law.
2. The collaboration in rejuvenating and unifying the training in jurisprudence and political science.
3. The editing and supporting of scientific publications.
4. The financial assistance for research and work in specific fields of Law and Political Economy.
5. The organization of scientific meetings and the organization of courses.
6. The cultivation of connections to similar institutions in foreign countries.
Par. 2
For the execution of its task, the Academy may set up special committees handling particular cases. These committees shall have as members outstanding specialists in jurisprudence and practice of the Law as well as experts in Economic Affairs. As a rule, a respectable member of the Academy, shall be the chairman of Committees. The President of the academy shall receive reports on the results of the work done by the committees.
Par. 3
The organs of the Academy are:
1. The President,
2. The Board of Directors.
Par. 4
In addition to the responsibilities fixed by the Law, the President shall have to carry out the following duties.
1. The internal control of the Academy particularly the fixing and distribution of the various duties and the forming of committees and the appointment of the chairman and members of the committees.
2. The draft of the budget of the Academy, the rendering of the account and the administration of the property.
3. The nomination and the dismissal of members.
4. The appointment of his deputy, of the members of the Board of Directors and of the Treasurer--all from among the members of the Academy.
5. The changing of the statutes.
In case the President is unable to carry out his duties, they will be carried out by his deputy.
A change of the statutes and the nomination of the President's deputy requires the confirmation of the competent Ministers of the Reich. As for the draft of the budget, and the rendering of the account, the provisions contained in Art. 9 to 12 shall be applied.
Par. 5
The Board of Directors shall support and advise the President; it shall discuss the budget and make a preliminary examination of the rendering of the account.
Par. 6
The academy consists of:
1. ordinary,
2. extraordinary,
3. supporting,
4. corresponding members.
Par. 7
Members are nominated for a term of 4 years. The number of ordinary members is not to exceed 300.
The ordinary members are compelled to participate in the meetings of the Academy and, according to rules set forth by the President, to cooperate in accomplishing the goal of the Academy.
Par. 8
The financial administration of the Academy will be handled by the treasurer. Current administrative matters will be handled by a director who will have a contract with the Academy.
Par. 9
It shall be up to the President to plan the budget before the beginning of each fiscal year [Rechnungsjahr]. This draft shall show and adjust all receipts and expenditures to be expected during the fiscal year--separated according to purpose and valuation. Only those expenditures are authorized which, after careful verification, are necessary for the completion of the tasks which the Academy is to fulfill according to Law or Statute.
Before being put into effect, the budget-plan shall be discussed by the Board of Directors.
Par. 10
The consent of the competent Ministers of the Reich is required for the budget plan. The Reich Minister of Justice shall receive it at a date set forth by him but not later than one month before the beginning of the new fiscal year.
Par. 11
The President shall have to account for all receipts and expenditures at the end of the fiscal year. This account shall be checked by the Board of Directors and passed on by it, with adequate comments, to the Reich Minister of Justice.
Par. 12
As for the drafting and execution of the budget, for financial administration and for bookkeeping as well as for the accounting, auditing and certification of accounting, the regulations of the Reich budget apply.
TRANSLATION OF DOCUMENT 1392-PS
1936 REICHSGESETZBLATT, PART I, PAGE 933
Law on the Hitler Youth 1 December 1936
The future of the German Nation depends on its youth, and the German youth shall have to be prepared for its future duties.
Therefore the Government of the Reich has prepared the following law which is being published herewith:
Art. 1
All of the German youth in the Reich is organized within the Hitler-Youth.
Art. 2
The German Youth besides being reared within the family and school, shall be educated physically, intellectually, and morally in the spirit of National Socialism to serve the people and community, through the Hitler Youth.
Art. 3
The task of educating the German Youth through the Hitler Youth is being entrusted to the Reichs-Leader of German Youth in the NSDAP. He is the "Youth Leader of the German Reich". The position of his office is that of a higher governmental Agency with its seat in Berlin, and is directly responsible to the Fuehrer and Chancellor of the Reich.
Art. 4
All regulations necessary for the executions and completion of this law will be issued by the Fuehrer Chancellor of the Reich.
Berlin, 1 December 1936
The Fuehrer and Chancellor of the Reich Adolph Hitler The Secretary of State and Chief of the Reichchancellery Dr. Lammers
TRANSLATION OF DOCUMENT 1393-PS
1934 REICHSGESETZBLATT, PART I, PAGE 1269
Law on treacherous Acts against State and Party, and for The Protection of Party Uniforms of 20 December 1934
The Government of the Reich has decided to enact the following law, which is published herewith:
Chapter I
Article 1
1. Unless heavier punishment is sanctioned under the authority of a law previously established, imprisonment not to exceed two years shall be imposed upon anybody deliberately making false or grievous statements, fit to injure the welfare or the prestige of the government of the Reich, the National Socialist Workers Party or its agencies. If such statements are made or circulated in public, imprisonment for not less than 3 months shall be imposed.
2. Anyone committing the offense insolently and carelessly shall be punished with imprisonment not to exceed 3 months or with a fine.
3. If the offense is directed solely against the prestige of the NSDAP or its affiliated agencies, the offender shall be prosecuted only with the consent of the Fuehrer's deputy or of agencies authorized by him to initiate the prosecution.
Article 2
1. Anyone who makes or circulates statements proving a malicious, baiting or low-minded attitude towards leading personalities of the State or the NSDAP, or towards orders issued by them or towards institutions created by them--fit to undermine the confidence of the people in its political leadership--shall be punished with imprisonment.
2. Statements of this kind which are not made in public shall warrant the same punishment--provided the offender figures on his statements being eventually circulated in public.
3. The offender shall be prosecuted only by the order of the Reich Minister for Justice; in case the offense was committed against a leading personality of the NSDAP, the Reich Minister for Justice shall issue the order in agreement with the Fuehrer's Deputy.
4. The Reich Minister for Justice in agreement with the Fuehrer's Deputy shall determine who is to be regarded as a leading personality as specified in (1).
Article 3
1. Anyone who commits or threatens to commit a punishable act, or who is wearing the uniform or an insignia of the NSDAP, or carries it on his person without being a member of the NSDAP or its affiliated agencies and therefore being entitled to do so, will be punished with forced labor or in minor instances with imprisonment not to exceed 6 months.
2. Anyone who commits the offense with the intention to stir up unrest or to sow fear or terror in the population, or to create difficulties for the German Reich with a foreign power, shall be punished with forced labor not to exceed 3 years or with forced labor for life or in particularly grave cases with death.
3. According to this law, a German national may be punished also if he has committed the offense in a foreign country.
Article 4
1. Anyone who for the sake of a material advantage or for political ends poses as a member of the NSDAP or its agencies, shall be punished with imprisonment not to exceed 1 year plus a fine or either one.
2. The offender shall be prosecuted only in agreement with the Fuehrer or with those authorized by him.
Article 5
1. Anyone who manufactures, holds in stock, sells or otherwise brings on the market Party uniforms, parts of Party uniforms, textiles, flags or insignias of the NSDAP, its affiliated agencies or organizations, without the permission of the treasurer of the Reich, shall be punished with imprisonment not to exceed 2 years.
2. Anyone who has in his possession Party uniforms and insignias without being a member of the NSDAP or its affiliated organizations, or without being entitled to possess them for any other reason, shall be punished with imprisonment not to exceed 1 year. Anyone who wears any of the above mentioned items, shall be punished with imprisonment not to exceed 1 month.
3. To be put on a par with Party uniforms, parts of Party uniforms and insignia are those uniforms, parts of uniforms and insignias which can easily be confused with them.
4. The uniforms, parts of uniforms, textiles, flags or insignias in question shall be confiscated. In case no particular person can be prosecuted or condemned, the confiscation shall take place all the same--provided conditions justify it.
5. The confiscated items shall be turned over to the Reich Treasurer of the NSDAP or to those agencies appointed by him, for future use.
6. The prosecution of the offense and the confiscation (#4, section 2) can only be undertaken in agreement with the Fuehrer's Deputy or agencies authorized by him to handle this matter.
Article 6
According to the rules set forth in this law, anyone who has obtained membership of the Party through false pretenses is not a member of the NSDAP, its affiliated agencies or organizations.
Article 7
The Fuehrer's Deputy, in agreement with the Reich Minister for Justice and of the Interior, shall issue the necessary regulations for the execution and completion of Articles 1 to 6.
Chapter II
Article 8
1. The regulations set forth in this law, with the exception of Article 5 (1) apply accordingly to the "Reichsluftschutzbund", the "Deutschen Luftportverband", in agreement with the Reich Minister for Air, and by the Minister of the Interior for the Voluntary Labor Service and the "Technische Nothilfe".
Chapter III
Article 9
Article 5 (1) will become valid on 1 February 1935. The other rules set forth in this law will become valid one day after their publication; the law on treacherous acts against the Government of the National Revolution from 21 March 1933 (RGBl I, page 135) as well as article 4 of the law on the "Reichsluftfahrtverwaltung" from 15 December 1933 (RGBl I, page 1077) are obsolete.
Berlin, 20 December 1934
The Fuehrer and Reich Chancellor Adolf Hitler
The Reich Minister for Justice Dr. Guertner
The Fuehrer's Deputy and Minister without portfolio R. Hess
The Minister of the Interior Frick
also for the Reich Minister for Air
TRANSLATION OF DOCUMENT 1394-PS
1933 REICHSGESETZBLATT, PAGE 723, Art. 1-3, 13 October 1933
Law to guarantee Public Peace
The Reich Government passed the following law, which is published herewith:
Art. 1
1. With death or, as far as a more severe punishment is not provided, with a life-term in the house of correction or with up to fifteen years in the house of correction will be punished:
1. Whoever undertakes to kill a judge or a public prosecutor or an official, entrusted with tasks of the political, criminal, railroad, forest-custom-protective or security police, or a member of the Armed Forces or of the Storm columns (inclusive Stahlhelm) or of the Schutzstaffeln of the NSDAP, a (trustee) agent of the NSDAP, or a member of the German Air-Sport organization, out of political motives or on account of their official activity, or whoever incites to such a killing, whoever volunteers or accepts such an offer, or whoever agrees on such a killing with another person;
2. Whoever undertakes to kill a magistrate or juryman on account of his activity as magistrate or juryman, or a witness or an expert on account of testimony given in fulfillment of his duty as witness or expert, or whoever invites to such a killing, whoever volunteers, accepts such an offer, or whoever agrees on such a killing with another;
3. Whoever produces, circulates or for the purpose of circulation holds in readiness abroad printed matter in which the facts of high treason are substantiated (Art. 81 to 86 Criminal Code), or otherwise commits the crime of High-treason;
4. Whoever undertakes to import printed matter, as mentioned in No. 3, knowing of its high treasonable contents, for distribution at home, or who distributes such printed matter, after its import; or who furthers at home a crime of high treason, committed abroad.
2. The regulations in Art. 86a Criminal Code about confiscation and rendering useless will be employed accordingly.
Art. 2
With house of correction up to five years will be punished whoever undertakes to import printed matter with intention of distributing it for purposes endangering the country, in which are substantiated the facts:
1. of a punishable crime in accordance with the law forbidding the (new) organization of parties of 14 July 1933 (Reich Law-Publication I, page 479) or
2. of a punishable invitation or provocation according to Art. 110 to 112 Criminal Code or
3. of a punishable untrue report, in accordance with Art. 3 of the Reich President's decree to prevent treacherous attacks against the government of the national revolution of 21 March 1933 (RGBl. I, page 135).
Art. 3
For the crimes mentioned in Art. 1 and 2, the special courts, established according to the decree of the Reich government of 1 March 1933 (RGBL I, p. 136) are competent; insofar as the competence of the Supreme Court Reich court and the court of appeals [Oberlandesgericht] is not proven.
TRANSLATION OF DOCUMENT 1395-PS
1933 REICHSGESETZBLATT, PART I, PAGE 1016, 1 Dec. 1933
Law to secure the unity of Party and State, 1 Dec. 1933
The Reich government has decided on the following law which is announced herewith:
Par. 1
1. After the victory of the National Socialist revolution, the National Socialist German Labor Party is the bearer of the concept of the German State and is inseparable from the state.
2. It is a corporation in public law. Its organization will be determined by the Fuehrer.
Par. 2
The deputy of the Fuehrer and the Chief of Staff of the SA will become members of the Reich government in order to insure close cooperation of the offices of the party and SA with the public authorities.
Par. 3
The members of the National Socialistic German Labor Party and the SA (including their subordinate organizations), as the leading and driving force of the National Socialist State will bear greater responsibility toward Fuehrer, people and state.
2. In case they violate these duties, they will be subject to special jurisdiction by party and state.
3. The Fuehrer may extend these regulations in order to include members of other organizations.
Par. 4
Every action or neglect on the part of members of the SA (including their subordinate organization) attacking or endangering the existence, organization, activity or reputation of the National Socialistic German Labor Party, in particular any infraction against discipline and order, will be regarded as a violation of duty.
Par. 5
Custody and arrest may be inflicted in addition to the usual penalties.
Par. 6
The public authorities have to grant legal and administrative assistance to the officers of the Party and the SA which are entrusted with the execution of the jurisdiction of the Party and SA.
Par. 7
The law regarding the authority to inflict penalties on members of the SA and SS, of the 28 April 1933 (RGBl p. 230) will be invalidated.
Art. 8
The Reich Chancellor, as Fuehrer of the National Socialistic German Labor Party and as the supreme commander of SA will issue the regulation necessary for the execution and augmentation of this law, particularly with respect to the organization and procedure of the jurisdiction of the Party and SA. He will determine the time at which the regulations concerning this jurisdiction will be effective.
Berlin, 1 Dec. 1933
Reichs Chancellor Adolf Hitler
The Reichs Minister of the Interior Frick
TRANSLATION OF DOCUMENT 1396-PS
1933 REICHSGESETZBLATT, PART I, PAGE 293
Law concerning the confiscation of Communist property of 26 May 1933
In order to prevent for all times property in the service of communist activities to be used subversively to the State, the Reich Government has enacted the following law, which is hereby promulgated.
Section 1
1. The highest provincial authorities [obersten Landesbehoerden] or offices designated by them may confiscate on behalf of the province, assets and interests of the Communist Party of Germany and their welfare and affiliated organizations [Hilfs- und Ersatzorganisationen] and also assets and interests used or destined for the promotion of communistic activities.
2. The Reich Minister of the Interior may request the highest provincial authorities to take measures under (1).
Section 2
Section 1 is not applicable to assets which have been rented or delivered under reservation of ownership rights, unless the lessor or the deliverer intended to promote communistic activity by the surrender of property.
Section 3
Interests in confiscated assets shall become extinct. However, existing rights in land are not affected by the confiscation of real property; the confiscating authorities may declare such right extinct, where the payment of proceeds can be considered as an intention to promote communistic activities.
Section 4
In order to prevent hardships, creditors affected by the confiscation may be satisfied from proceeds of the confiscated assets.
Section 5
Where measures, according to the spirit of Sections 1 and 3 were taken, prior to the effective date of this law, they may be ratified by the authorized office under Section 1, pursuant to the provision of this law.
Section 6
Measures under Sections 1, 3 and 5 become effective upon delivery of the order to the affected party upon the promulgation of the order.
Section 7
No compensation is granted for measures taken under Sections 1, 3 and 5.
Section 8
The Reichs Minister of the Interior is authorized to issue legal and administrative regulations for the administration and enforcement of this law.
Berlin 26 May 1933
The Reich Chancellor Adolf Hitler
The Reich Minister of the Interior Frick
TRANSLATION OF DOCUMENT 1397-PS
1933 REICHSGESETZBLATT, PAGE 175, Art 1-18, 7 April 1933.
Law for the Reestablishment of the Professional Civil Service 7 April 1933
The Reichsgovernment has enacted the following law, which is hereby proclaimed:
Art. 1
1. For the reestablishment of a national professional civil service and for the simplification of administration, officials may be discharged from office according to the following regulations, even when the necessary conditions according to the appropriate law do not exist.
2. Officials, as used in this law, means immediate [unmittelbare] and mediate [mittlebare] officials of the Reich, immediate and mediate officials of the federal states [Laender], officials of communes [Gemeinde] and communal associations, officials of public legal corporations as well as institutions and undertakings placed upon the same status as these public legal corporations (Third decree of the Reichspresident for the safeguarding of business and finance of 6 October 1931-RGBl. I P. 537, 3rd part, Chapter V, Section I, Art. 15, subparagraph 1). The stipulations apply also to employees of agencies supplying social insurance, who have the rights and duties of officials.
3. Officials as used in this law also includes officials in temporary retirement.
4. The Reichsbank and the German State Railway Co. are empowered to make corresponding regulations.
Art. 2
1. Officials who since 9 November 1918 have attained the status of officials without possessing the required or usual preparation or other qualifications are to be dismissed from service. Their former salaries will be accorded them for a period of 3 months after their dismissal.
2. A right to waiting allowances, pensions, or survivors pension and to the continuance of the official designation, the title, the official uniform and the official insignia is not possessed by them.
3. In case of need a pension, revocable at any time, equivalent to a third of the usual base pay of the last position held by them may be granted them, especially when they are caring for dependent relatives; reinsurance according to the provisions of the Reich's social insurance law will not take place.
4. The stipulations of Section 2 and 3 will receive corresponding application in the case of persons of the type designated in Sec. 1, who already before this law became effective had been retired.
Art. 3
1. Officials, who are of non-aryan descent, are to be retired; insofar as honorary officials are concerned, they are to be removed from official status.
2. Section 1 is not in effect for officials who were already officials since 1 August 1914, or who fought during the World War at the front for the German Reichs or who fought for its allies or whose fathers or sons were killed in the World War. The Reichsminister of the Interior can permit further exceptions in understanding with the appropriate special minister or the highest authorities of the federal states in the case of officials abroad.
Art. 4
Officials, whose former political activity does not offer a guarantee that they at all times without reservation act in the interest of the national state can be dismissed from service. For a period of 3 months after dismissal they are accorded their former salary. From this time on they receive 3/4 of their pension and corresponding survivor's benefits.
Art. 5
1. Every official must allow himself to be transferred to another office of the same or equivalent career, even into such a one having less rank or regular salary--reimbursement for the prescribed costs of transfer taking place, if the needs of the service require it. In case of transferment to an office of lower rank and regular salary the official retains his previous official title and the official income of his former position.
2. The official can, in place of transfer to an office of lesser rank and regular income (section 11) demand to be retired.
Art. 6
For the simplification of administration officials can be retired, even if they are not yet unfit for service. If officials are retired for this reason, their places may not be filled again.
Art. 7
1. Dismissal from office, transfer to another office and retirement will be ordered by the highest Reichs or federal state agency which will render final decision without right of appeal.
2. The dispositions according to Art 2 to 6 must be made known at the latest by 30 Sept 1933 to those affected. The time can be shortened by agreement with the Reichsminister of the Interior, if the appropriate Reichs or federal state agency declares that the measures authorized in this law have been carried out.
Art. 8
A pension will not be granted to the officials dismissed or retired in accordance with Art 3 and 4, if they have not completed a term of service of at least 10 years; this applies also in the cases in which according to the existing stipulation a pension is already accorded after a shorter term of service. Articles 36, 47 and 49 of the Reichs officials' law, the law of 4 July 1921 on increased computation of time in service accomplished during the war (RGBl p. 825) and the corresponding provisions of federal state laws remained unchanged.
Art. 9
1. In the calculation of length of service valid for pension purposes, excepting time of service accrued in their last employment, only a term served in the Reichs, Federal State, or communal service according to the existing regulations may be credited to officials dismissed or retired according to Articles 3 and 4. Also accrediting of this length of service is only permissible, if it bears some relationship in preparation or career to the position last held; such a relationship of lower career to a higher one is to be regarded as an orderly promotion. If the official would have obtained a higher pension by the addition of later years of service to time served in an earlier position regularly obtained by qualifications and preparation, the ruling more favorable to him takes precedence.
2. The implementative regulations govern the calculation of time served with public corporations and with institutions and undertakings placed upon the same basis as these public corporations.
3. Accreditation and certification of time served valid for pension purposes, which conflict with the carrying out of the provisions of Section 1, are nullified.
4. In the case of officials of the Reich and of public corporations, institutions, and agencies under the supervision of the Reich, the Reichsminister of the Interior in agreement with the Reichsminister of Finance can mitigate hardships; the highest federal state authorities can do the same in the case of other officials.
5. Sections 1 to 4 as well as Article 8 will also be applied to such officials who already, before this law came into effect, were retired either permanently or temporarily upon whom Articles 2 to 4 would have been applied if the officials had been still in service at the time this law came into effect. The new accrediting of time of service valid in the calculation of pensions and the accrediting of pensions and of waiting allowances must, at the latest, take place on 30 Sept 1933 with effect as of 1 Oct 1933.
Art. 10
1. Guiding principles, which are established for the amount of pay for officials will be based upon the calculation of service remunerations and pension. In case decisions by the competent authorities on the applying of the guiding principles do not yet exist, they are to be issued without delay.
2. After decisions by the competent authorities concerning the application of the guiding principle have been made, if officials are found to have received higher remunerations than are due them according to the decisions, they then have to reimburse the surplus amounts received since 1 April 1932 at the pay office where the payments were given out. The argument of no longer existing enrichment (Articles 812vBGB and subs) is excluded.
3. Subsections 1 and 2 are valid also for persons who have been retired inside of one year before this law became effective.
Art. 11.
1. If, in the accrediting of pay-seniority of officials who leave the service on account of Articles 3 and 4, employment outside of the Reichs, Federal State, or communal service has been calculated, then the pay-seniority is to be newly calculated. Therein only an employment in the Reichs, Federal State, or communal service, or according to the implementative regulations, in the service of public corporations and institutions and undertakings equivalent to the former may be accredited. Exceptions can be permitted by the Reichsminister of the Interior in agreement with the Reichsminister of Finance for Reichs officials; for other officials, by the highest federal state authorities.
2. If a new accrediting of pay-seniority according to Section 1 comes into consideration, then in the case of officials retired or dismissed according to Articles 3 and 4, the new determination of pay-seniority will be carried out in conjunction with the determination of the pension amount.
3. The same is valid for the persons named in Article 9, Section 5.
Art. 12.
1. The salaries of Reichsministers appointed since 9 Nov 1918, which are not calculated according to the provisions of Articles 16 to 24 of the Reichsminister law of 27 March 1930 (RGBl I P. 96) are to be newly calculated. In the new calculation, the above-mentioned provisions of the Reichsminister law are to be applied as if they had been already in effect at the time of the Reichsminister's dismissal from office. According to this law, excess payments received since 1 April 1933 are to be paid back. The argument of no longer existing enrichment (Article 812 and subs BGB) is inadmissible.
2. Section 1 will receive application upon the members of the federal state government appointed since 9 Nov 1918 with the provision that in place of the Reichsminister law the corresponding provisions of the federal state law will be in effect; however, payments may only be made to the amount which results from the application of the fundamental principles of Articles 16 to 24 of the Reichsminister law.
3. The new calculation of payments must take place before 31 December 1933.
4. Retroactive payments will not take place.
Art. 13.
The survivors payments will be calculated with corresponding application of Articles 8 to 12.
Art. 14.
1. Against the officials who have been dismissed or transferred upon the authority of this law, the institution of civil service punishment proceedings on account of misdemeanors committed while in office with the object of cancellation of pension, survivors benefits, designation of office, title, official uniform and insignia. The institution of the proceedings must take place on 31 December 1933 at the latest.
2. Section 1 is also valid for persons who within one year of the date that this law becomes effective have been retired and upon whom the Articles 2 and 4 would have been applied, if these persons had still been in service when this law came into effect.
Art. 15.
The provisions concerning officials will be applied in an appropriate manner to employees and workers. The implementative regulations govern detailed application.
Art. 16.
If unreasonable hardships occur in the carrying out of this law, then higher payments or transition money may be granted in accordance with the general regulations. The decisions in this matter will be made by the Reichsminister of the Interior in agreement with the Reichsminister of Finance in the case of Reichs officials, in other cases by the highest federal state authorities.
Art. 17.
1. The Reichsminister of the interior will issue in agreement with the Reichsminister of Finance, the necessary regulations for the execution and carrying through of this law and the general administrative provisions.
2. If necessary the highest federal state authorities will issue supplementary regulations. In this matter they must confine themselves to the framework of the Reichs regulations.
Art. 18.
With the expiration of the periods established in this law, the general provisions valid for the professional civil services will be again completely valid, without prejudice to the measures taken on the basis of this law.
Berlin, 7 April 1933
The Reichschancellor Adolf Hitler
The Reichsminister of the Interior Frick
The Reichsminister of Finance Count Schwerin von Krosigk
TRANSLATION OF DOCUMENT 1398-PS
1933 REICHSGESETZBLATT, PART I, PAGE 433
Law to Supplement the Law for the Restoration of the Professional Civil Service of 20 July 1933
The Reich government has enacted the following law, which is hereby promulgated:
The Law for the Restoration of Civil Service from 7 April 1933 (RGBl I, page 175) is supplemented as follows:
1. The following is added to Article 2:
Article 2a
1. Officials, who have belonged to the communist party or to communistic auxiliary or collateral organizations, or otherwise have been active in furthering the aims of Communism, are to be discharged. Discharge is not necessary for (a) officials, who before 30 January 1933 joined a party or an organization, which has placed itself behind the government of the national revolution, and (b) officials, who have distinguished themselves exceptionally in the national movement.
2. Officials, who in the future are active for Marxism (Communism or Social-Democracy) are to be discharged.
3. The following are the bases on which officials are discharged: Sec. 1,--Sec. 2,--Art. 2, Sec. 1, sentence 2--Secs. 2 and 3.
Berchtesgaden, 20 July 1933
The Reich Chancellor Adolf Hitler
For the Minister of the Interior: The Reich Minister of Finance Count Schwerin von Krosigk
The Reich Minister of Finance Count Schwerin von Krosigk
PARTIAL TRANSLATION OF DOCUMENT 1400-PS
1933 REICHSGESETZBLATT, PART I, PAGE 433
Law Changing the Regulations in regard to Public Officers, June 30, 1933
2. Article 1a
1. Only such persons may be appointed Reich officials who possess for their career the prescribed education or customary training or who have special qualifications for the office about to be given, and who guarantee that they will support the Reich at all times without reservation.
2. Women may only be appointed Reich officials for life when they have completed the 35th year.
3. Anyone of non-Aryan descent, or married to a person of non-Aryan descent, may not be appointed a Reich official. Reich officials of Aryan descent who marry a person of non-Aryan descent are to be discharged. The question of who is of non-Aryan descent is to be decided by regulations decreed by the Reich Minister of the Interior.
4. If urgent requirements of the administration so necessitate, the highest Reich officials may make exceptions in individual cases--exceptions from the provisions of (2) with the approval of the Reich Minister of Finance, exceptions from the provisions of (3) with the approval of the Reich Minister of the Interior.
* * * * *
Article 6
1. The provisions are also to be applied to the civil service regulations of the states, local communities, and of the other bodies, institutions, and foundations of public law * * *.
2. The German State Railways, the Reichsbank, the public-legal religious societies, and the confederations are empowered to issue similar regulations.
Chapter 3
* * * * *
Article 7
2. When the economic status of a female official appears to be permanently secured because of a family income, the officials * * * may order a dismissal. The conditions for dismissal are always present when the husband is a permanent official not subject to dismissal.
Chapter 8
* * * * *
Article 40
1. The states and the bodies of public law not supervised by the states are empowered and compelled to lower the incomes of their officials insofar as they are higher than the incomes of Reich officials of equal rank. The Reich ministers and the Reich chancellor are to be considered as Reich officials within the scope of this chapter. Sentence 1 is not applicable to university teachers; for them the special rules of Section 44 apply. Similarly, the Reich Government or the state governments may make different rules in other cases in which the scholarly or artistic significance of an office requires a special evaluation.
2. The local communes, and the other bodies of public law which are under the supervision of the state officials are empowered and obligated to reduce the salaries of their officials, insofar as they are higher than the salaries of state officials, of corresponding rank.
* * * * *
Article 44
1. The state governments are empowered to alter or annul the assurances given to university professors before this chapter became effective. They are not bound hereby to agreements, compromises, legal judgments or arbitration decisions.
* * * * *
Chapter 13
* * * * *
Article 77
1. Insofar as the execution of the provisions of this law requires it, deviations from the Reich constitution and from the state constitutions are permissible.
Berlin, 30 June 1933
The Reichschancellor Adolf Hitler
The Reichsminister for Finance Graf Schwerin von Krosigk
The Reichsminister of the Interior Frick
TRANSLATION OF DOCUMENT 1401-PS
1933 REICHSGESETZBLATT, PART I, PAGE 188
Law Regarding Admission to the Bar, 7 April 1933
The Reich Government has enacted the following law that is promulgated herewith:
Art. 1. The admission of lawyers who, according to the Law for the Restoration of the Professional Civil Service, of April 7, 1933 (RGBl, I 175), are of non-Aryan descent, may be cancelled till September 30, 1933.
The provision of clause 1 does not apply to lawyers already admitted before August 1, 1914, or, who, during the World War fought at the front for Germany, or her allies, or who lost their fathers or sons in the World War.
Art. 2. Persons who, according to the Law for the Restoration of the Professional Civil Service of April 7, 1933 (RGBl. I, p. 175) are of non-Aryan descent, may be refused permission to practice law, even if there exists none of the reasons enumerated in the Regulations for Lawyers. The same rule applies in cases, as where a lawyer described in Section 1, clause 2, wishes to be admitted to another court.
Art. 3. Persons, who were active in the communistic sense are excluded from the admission to the Bar. Admissions already given have to be revoked.
Art. 4. The Justice-Administration can issue an injunction against a lawyer until it is decided, if use will be made of the right to revoke the admission in accordance with Art 1/1, or Art 3. The prescriptions of Art 9/b/2-4 of the Bar regulation (Reichs-Law-Publication 1933, I, page 120) apply accordingly to the injunction against representation.
Against lawyers of that type as described in Art. 1/2 the injunction against representation is only then permissible when the use of Art. 3 is concerned.
Art. 5. To revoke the admission to the Bar is considered an important reason for the cancelling of employment contracts, which were concluded by the lawyer as employer.
Art. 6. In case the admission of a lawyer is revoked in accordance with this law, then for the cancelling of leases of rooms, which were rented by the lawyer for himself or his family, the regulations of the law about the cancelling right of persons concerned by the law for the renovation of professional bureaucracy, 7 April 1933, (RGBl. Part I, page 187) will accordingly be used. The same will apply to employees of lawyers, who lost their job owing to the fact that the admission of the lawyer was revoked or an injunction against representation against him was issued in conformity with Art. 4.
Berlin, 7 April 1933
The Reichs-Chancellor Adolf Hitler
The Reichs-Minister for Justice Dr. Guertner
PARTIAL TRANSLATION OF DOCUMENT 1402-PS
1933 REICHSGESETZBLATT, PART I, PAGE 685
The Homestead Law, Sept. 29, 1933
The Reich Government desires to maintain the peasantry as the well-spring of the German people by securing the German tradition of ancestral rights.
The Reich Government, therefore, has enacted the following law. The basic thoughts of the law are:
* * * * *
The owner of an hereditary manor is called a peasant.
Only a respectable person who is a German citizen and has German or cognate blood may be a peasant.
* * * * *
Section 12
Only a German citizen can be a peasant.
Section 13
Requirement of German or cognate blood.
(1) Only a person of German or cognate blood may be a peasant.
(2) A person is not considered German or as having cognate blood, if his paternal or maternal ancestors have Jewish or colored blood in their veins.
(3) The first of January, 1800, is the day that decides whether the premises of Section I obtain. In case of doubt whether the premises of Section I obtain, the inheritance court decides on a motion of the owner or of the district leader of the peasants.
Berlin 29 Sept 1933.
TRANSLATION OF DOCUMENT 1403-PS
1937 REICHSGESETZBLATT, PART I, PAGE 1333
Law on the Granting of Indemnities in Case of Confiscation or Transfer of Property, 9 December 1937
The Reich government has decided to proclaim the following law:
1. Property of Communists, Enemies of the People and the State
Article 1
If objects and rights have been seized in favor of a state on the basis of the law on the confiscation of communist property of 26 May 33 (RGBl I, page 293) or of the law on the confiscation of property of enemies of the people and the state of 14 July 1933 (RGBl I, page 479) before the law became effective, the state shall not be responsible for the claims which have arisen against the former owner of the seized property or rights.
Article 2
1. Rights, which are still existing at the time this law becomes effective and apply to confiscated objects, are deemed expired with the seizure. The same is true in the case of guarantees on property which has been confiscated.
2. Section 1 is not being applied if the seized objects have already been sold by the state before this law became effective.
Article 3
1. Corporations are not responsible for liabilities from the time before the confiscation, if all the shares have been transferred by confiscation to the property of a state, unless the liabilities were recovered by the sequestration decreed for the preparation of the seizure.
2. The existing rights of third persons in the property of such corporations will be considered as expired.
Article 4
Legal personalities, corporations, or legally incompetent associations, whose property has been confiscated, are considered as dissolved by the seizure. A liquidation does not take place.
Article 5
Claims against the owners of property mentioned in Article 4 shall be deemed expired through confiscation of the property. The same applies to individual members or partners of associations. The affidavits and other liabilities existing in order to insure the safeguarding and guarantees of such claims are also deemed expired.
Article 6
1. If someone suffered financial loss through sequestration or seizure of objects and rights on account of the laws mentioned in Article 1, or through their effect, an indemnification from the means of the state in whose favor the confiscation or seizure took place can be granted. In the sense of this regulation, no one has suffered loss who was affected by the sequestration or seizure directly.
2. A person shall not be granted compensation on the basis and with the acquisition of this right, which expired with this law, if he has intentionally or carelessly promoted:
1. Communist aspirations.
2. Marxist or other movements which have been declared as hostile to the people and state by the Minister of the Interior.
It is not an intentional promotion of aspirations as designated in No. 2, if the victim stood under the control or direction of the state.
3. An indemnification can also be granted in the cases of (2) No. 2, i.e. if the victim is needy in the sense of Article 13(2) or if the predominant viewpoints of the public interest speak for the granting of indemnification.
Article 7
1. Indemnification will only be granted if the victim makes a petition before 31 March 1938.
2. The petition has to be. sent in writing to the competent authority (Article 9), with reference to the cause of the offense.
Article 8
1. The determination of the indemnification takes place in a determination procedure and before determining authorities.
2. The Reich Minister of the Interior can decree that no determining procedures shall take place for certain properties or in certain districts. If such a regulation is issued by the Reich Minister of the Interior, the regulations of this section with the exception of Articles 1, 4 and 5 are not to be applied for the property of the district.
Article 9
1. The determining authority in Prussia and Bavaria is the president of the government (in Berlin the police president), in Saxony the Kreishauptmann, and in the other states the highest authority of the state.
2. The Reich Minister of the Interior may decide that a common determining authority will be formed for several administrative districts.
Article 10
1. The determining authority for the district in which the sequestered or seized property, whose indemnification has been proposed, used to be, is locally responsible.
2. The highest authority of the state or the Reich Minister of the Interior appoints the determining authority, if the property was located in the district of several determining authorities and if several determining authorities of the same state are involved.
3. The Reich Minister of the Interior is entitled to appoint exclusively one or more determining authorities for certain kinds of confiscated or seized objects and rights.
Article 11
1. The petition to grant indemnification shall be refused, if it has not been made within the time determined in Article 7, section 1. The determining authority is obliged to admit the petition, if the victim proves that he himself or his legal representative or his proxy failed to make the petition within the appointed period through no fault of their own and inasmuch as it will be repeated within two months after clearing the obstacle. Petitions cannot be made any more after 31 March 1939.
2. If the petition to grant indemnification is received by a determining authority, which is locally not responsible (Article 10), it will fall within the appointed time.
Article 12
1. The total amount of indemnifications, which shall be granted because of sequestration or seizure of property of a certain owner of property, is limited by the extent of this property. Each economic unit will be considered property in the sense of the first sentence, if the confiscated property of a person includes several economic units of the kind designated in Article 2 of the Reichsbewertunsgesetz [Law for the evaluation of property] of 16 Oct 1934 (RGBl I, page 1035). For the classification according to economic units, a determined purpose in the period before the confiscation is of no importance.
2. In order to estimate the extent of property according to Section 1, its selling value is decisive.
Article 13
1. In determining the indemnifications, the creditors should be treated in the succession as is provided for their satisfaction in the bankruptcy order.
2. This principle is to be disregarded, if reasons of fairness require to do so; particularly these victims are to get privileged treatment whose livelihood or economic progress is endangered or require an indemnification in order to fulfill their duties of livelihood on the basis of the law.
Article 14
1. The determining authority fixes the amount of money to be paid as indemnification. It can determine installments and the time of payments. Inasmuch as there is no other clause in the decision of the determining authority, the amount of money is payable to him within one month after the decision has been delivered to the victim.
2. The determining authority may rule that an indemnification will be effected by Reich or state-owned mortgage-deeds or by transferring an object, or that claim of indemnification due to the victim on account of the decision of the determining authority will be secured by arranging a lien on land.
3. The state can propose, until the decision of the determining authority has been relayed to the victim, what, in the amount of the indemnification which is being granted for an expired lien on land (Article 2, 6), a new lien on land will be entered into the land-register in its place. The determining authority has to respect such a move except in the case that this would be particularly unfair toward the victim. The new lien on land has to be entered into the land-register under the same conditions as the expired one insofar as the determining authority does not issue different instructions; the rate of interest may be reduced by the determining authority to five percent.
Article 15
1. The victim is entitled to appeal to the determining authority of the Reich against the decision of the determining authority. (Article 16)
2. The appeal must be delivered in writing to the determining authority or to the determining authority of the Reich, within two weeks after the decision has been forwarded and it must be substantiated. Article 11, Section 1 will be applied respectively.
3. The determining authority may submit its decision to the determining authority of the Reich for scrutiny. Its presentation to the determining authority of the Reich has the effect of an appeal.
Article 16
1. The determining authority of the Reich will be linked to the Reich Minister of the Interior.
2. The determining authority of the Reich consists of chambers. Each chamber is composed of five members including the chairman, three of whom must have the ability to perform the functions of the judge or of higher administrative offices, two members will be suggested by the Deputy of the Fuehrer.
3. The chairman and the members will be appointed by the Reich Minister of the Interior.
Article 17
1. The decisions of the determining authorities are to be delivered to the victim.
2. The decision of the determining authority of the Reich is final.
2. Property forfeited to the Reich
Article 18
If the property of a person deprived of his citizenship (law on the recall of naturalizations and the deprivation of the German citizenship of 14 July 1933--RGBl I, page 480) has been confiscated, or has been declared forfeited to the Reich, previous to this law, the Reich is not responsible for claims against the person deprived of his citizenship.
Article 19
1. Rights on objects of such properties, which have been declared as forfeited to the Reich, are deemed expired with the declaration of forfeiture. The same applies to objects on which property rights have been secured.
2. Section 1 will not be applied, if the objects have already been sold by the Reich before effectiveness of this law.
Article 20
If someone has suffered a loss of property through sequestration or the declaration of forfeiture (Article 18) or through the effect of this law, he may be granted an indemnification from the funds of the Reich. The victim in the sense of this regulation is not he who was directly affected by the sequestration or declaration of forfeiture.
Article 21
The regulations of Articles 6 to 17 will be applied respectively according to Articles 22 and 23.
Article 22
The determining authority of the Reich will decide on the petition.
Article 23
An indemnification will also not be granted (Article 6(2)), if the victim has knowingly supported the person deprived of his citizenship in hurting German interests.
3. Property of Former Associations of Employers and Employees
Article 24
1. The property administration of the DAF [German labor front], Ltd., Berlin (hereafter called "property administration of the German labor front") as trustee of the German labor front, will be put in possession of the former associations of employers and employees including the auxiliary and replacement organizations, property administrations, pension disbursing agencies and other special properties, upon entrance into effect of this law.
2. In the case that only former associations of employers and employees have interests in a legal personality, the property administration of the German labor front will be put in possession of both the shares of property of the former associations of employees and employers and the property of the legal personality. However, if the legal personality represents a corporation, a limited liability corporation, or company, the property administration of the German labor front will only be put in possession of the shares or business shares; the company continues its existence with rights and obligations. Sentence 2 is not effective if the exclusive purpose of the company was the administration of houses of labor unions or if a property administration or trustee company of a former association of employers and employees is involved, the property of which will be put in possession of the property administration of the German labor front as provided in (1). The property administration of the German labor front (DAF) will in these cases take possession of both the shares and business shares, and also of the property of the company.
3. Inasmuch as the property of a former association of employers and employees has already been disposed of through an orderly liquidation or agreement, it will be left as it is. Pending liquidations and settlements will not be continued.
4. The Reich Minister of the Interior will announce, in agreement with the Deputy of the Fuehrer, the Reich Minister of Economy and the Reich Minister for Labor, the owners of property, possession of which has been transferred to the property administration of the German labor front according to (1), (2) first sentence and (2) third sentence. These regulations will be announced in the Deutscher Reichsanzeiger and Preussischer Staatsanzeiger (official publications) until the 30 June 1938. They are binding for courts and administrative authorities.
5. The owners of property to be made public as provided in (4), are, inasmuch as they represent legal personalities or collective personalities, dissolved with the effectiveness of this law. A liquidation does not take place.
6. The leader of the German labor front Dr. Ley will be the guardian entitled to dispose of the properties confiscated by the general public prosecutor of the Country Court I Berlin from the time of confiscation of the properties up to the effectiveness of this law and will be verified with the authority to take action compatible with the purpose of the sequestration and according to his judgment conformable to duty; in particular to give and receive declarations of will for the owners of the confiscated property.
Article 25
1. The German labor front and the property administration are responsible for claims against those owners of property, which has been transferred to the latter, only in the case, if the claims arose after a day which the Reich Minister of the Interior will determine in cooperation with the Deputy of the Fuehrer, the Reich Minister of Economy and the Reich Minister for Labor at the announcement of the owners of property (Article 24(4)).
2. The German labor front and the property administration of the German labor front are responsible for claims resulting from service or work status with the owners of property mentioned in Article 24 or the German labor front only, if the service or work status has been extended by the German labor front beyond the 30 Sept 1933.
Article 26
1. Rights on objects, which the property administration of the German labor front acquires according to Article 24, are expiring. The same applies to property rights secured in such objects.
2. Section (1) will not be applied, if the objects have been already liquidated at the effectiveness of this law or if the rights or the secured property have been established after the day to be determined according to Article 25 (1).
Article 27
If the victim suffered a loss in property on account of the regulations of Articles 25 and 26, he can be granted an indemnification from the funds of the German labor front and the property administration of the German labor front.
Article 28
The regulations of Articles 5 to 17 will be applied on the basis of Articles 29 and 30 respectively.
Article 29
The petition to grant an indemnification has to be made in writing by 30 Sept 38 to the determining authority (Article 30) by stating the cause of the offense.
Article 30
1. The determining authority of the Reich will decide on the motion (Article 16). The chambers will judge the case in a composition of three members including the chairman of whom one member will be suggested by the Deputy of the Fuehrer, another one by the Reich Minister of Economy in conjunction with the Reich Minister for Labor. The chairman and the members will be appointed by the Reich Minister of the Interior.
2. Before the decision a representative to be named by the German labor front has to be heard.
Article 31
Inasmuch as economic associations of employers and their institutions have been incorporated or joined or dissolved within the framework of the legislation on the preliminary erection of the Reich food estate, the regulations of this part will not be applied.
4. Final Regulations
Article 32
1. Indemnification will not be granted on the basis of other laws in those cases affected by this law. Existing claims expire.
2. If a party proves by litigation that the pending claim comes under this law, the court has to discontinue the procedure and to defer temporarily the distraint resulting from an executory decision already enacted. The court may also issue these regulations under the authority of the law if it views the pending claim as falling under this law. In both cases the court has to inform the proper determining authority by presenting the records. The rules of the court cannot be contested.
3. The determining authority may admit the further prosecution of the claim by regular legal steps or present the records to the determining authority of the Reich for a decision.
4. If the determining authority or the determining authority of the Reich permits the further prosecution of the claim by regular legal steps, the court has to lift on request the regulation on the discontinuance of the legal dispute or the temporary suspension of the distraint.
5. The decision of the determining authority of the Reich to deal with the claim in a determining procedure does not permit its further prosecution by legal steps and the distraint of the claim.
Article 33
If there exists already an executory title on claims which are affected by this law, the regulations of Article 32 will be applied respectively.
Article 34
Inasmuch as a legal dispute is being settled by this law, the court costs will be cancelled and the extrajudicial costs balanced against each other.
Article 35
1. The granting of an indemnification by arbitration will not be excluded by the regulations of this law. The determining authority has to verify the agreement.
2. If an agreement on the claims and rights affected by this law had already been concluded at the time this law became effective, it will be left as it is.
Article 36
1. If the Reich or a state has transferred confiscated properties as a whole or in part to another natural or legal personality, the determining authority may impose upon the one who takes possession of the property, the duty to give total or partial indemnification to the entitled persons. In case the Reich or a state will be declared liable of indemnification, it must at the same time be determined whether and in what amount the one who takes possession has to pay compensation to the Reich or State. The person taking possession of the property has the right to appeal against the decision of the determining authority to the determining authority of the Reich.
2. Resulting from the valid decisions of the determining authorities, by which according to (1) obligations will be imposed on the one who takes possession, the distraint will be executed.
Article 37
The decisions of the determining authorities are binding for the regular courts and other places of judgment.
Article 38
Articles 3, 4 and 7 of the law on the confiscation of communist property of 26 May 1933 (RGBl I, p. 293) are no longer valid.
Article 39
1. If objects and rights are seized on the basis of the laws designated in Article 1, the State is responsible for claims against the former owner of the confiscated objects only with the rights and objects fallen to it by the confiscation. Rights on objects of seized property continue to exist.
2. In case of excessive debts, bankruptcy proceedings against the property will be enacted through motion of a state or creditor, according to regulations. The referee in bankruptcy has to be appointed in agreement with the central administration board responsible for the district of the bankruptcy court and has to be recalled on its request.
3. The same applies if the property of a person deprived of citizenship (Article 18) has been declared to fall to the Reich after this law had become effective.
Article 40
The Reich Minister of the Interior will be authorized to issue in agreement with the other responsible ministers the legal and administrative instruments required in order to execute and supplement this law.
Berlin, 9 December 1937
The Fuehrer and Chancellor of the Reich Adolf Hitler
The Reich Minister of the Interior Frick
The Deputy of the Fuehrer R. Hess (Reich Minister without Portfolio)
The Reich Minister of Finance Count Schwerin von Krosigk
The Reich Minister of Economy authorized to manage affairs: Goering (Prussian Premier)
The Reich Minister for Labor Franz Seldte
The Reich Minister for Justice Dr Guertner
TRANSLATION OF DOCUMENT 1406-PS
1938 REICHSGESETZBLATT, PART I, PAGE 414
Decree for the Reporting of Jewish Owned Property of 26 April 1938
On the basis of the Decree for the Execution of the Four Year Plan of 18 October 1936 (RGBl I, 887) the following is hereby decreed:
Article 1
1. Every Jew (Article 5 of the First Regulation under the Reich Citizenship Law of 14 November 1935 (RGBl I, 1333)) shall report and evaluate in accordance with the following instructions his entire domestic and foreign property and estate on the day when this decree goes into force. Jews of foreign citizenship shall report and evaluate only their domestic property.
2. The duty to report holds likewise for the non-Jewish marital partner of a Jew.
3. Every reporting person's property must be given separately.
Article 2
1. Property in the sense of this law includes the total property of the person required to report, irrespective of whether it is exempt from any form of taxation or not.
2. It does not include movable objects used by the individual or house furnishings as far as the latter are not classed as luxury objects.
Article 3
1. Every part of the property shall be valued according to the usual value it has on the effective date of this regulation.
2. No report is necessary when the total worth of the property to be reported does not exceed 5000 marks.
Article 4
The report is to be presented on an official form by 30 June 1938, to the administrative official responsible at the place of residence of the reporting individual. When such a report is not possible by this date the responsible office can extend the period. In such case, however, an estimate is to be presented by 30 June 1938, together with a statement of the grounds of delay.
Article 5
1. The reporting individual must report, after this decree goes into force, to the responsible office, every change of said individual's total property as far as it exceeds a proper standard of living or normal business transactions.
2. The reporting requirement applies also to those Jews who were not required to report on the effective date of this regulation, but who have acquired property exceeding 5000 Reichsmarks in value, after this date. Article 1 (1) clause 2, shall apply respectively.
Article 6
1. The administrative offices responsible under this regulation are in Prussia--Highest Administrative Officer [Regierungspraesident] (in Berlin the Police President); Bavaria--Highest Administrative Officer [Regierungspraesident]; Saxony--The District Head [Kreishauptmann]; Wurtemberg--The Minister of the Interior; Baden--The Minister of the Interior; Thueringen--Reich Governor [Reichsstatthalter]; Hessen--Reich Governor; Hamburg--Reich Governor; Mecklenburg--Ministry of the State, Interior Department; Oldenburg-Minister of Interior; Braunschweig--Ministry of Interior; Bremen--Senator for Administration of Interior; Anhalt--Ministry of State Interior Department; Lippe--Reich Governor (Land Government); Schaumburg-Lippe--Land Government; Saarland--The Reich Commissioner for the Saar.
2. Austria--The Reich Governor has jurisdiction. He may transfer his authority to another board.
Article 7
The Deputy for the Four Year Plan is empowered to take such necessary measures as may be necessary to guarantee the use of the reported property in accord with the necessities of German economy.
Article 8
1. Whoever wilfully or negligently fails to comply with this reporting requirement, either by omitting it, or making it incorrectly, or not within the time specified, or whoever acts contrary to any instruction issued pursuant to Article 7 by the Deputy of the Four Year Plan shall be punishable by imprisonment and by a fine or by both of these penalties, in particularly flagrant cases of wilful violation the offender may be condemned to hard labor up to ten years. The offender is punishable notwithstanding that the action was in a foreign country.
2. Any attempt to commit such actions is punishable.
3. In addition to the imposition of the penalties under (1), the property may be confiscated, insofar as it was involved in the criminal action. In addition to hard labor confiscation may be made. Where no specific individual can be prosecuted or convicted, confiscation may be decreed independently, where the prerequisites for confiscation warrant it.
Berlin, 26 April 1938
The Deputy for the Four Year Plan Goering General Field Marshal
The Reich Minister of the Interior Frick
U.S. GOVERNMENT PRINTING OFFICE: 1946-693256