Изображения страниц
PDF
EPUB

*

A handwritten note attached to the letter reads:

"1. The identical letter seems to have been addressed to all
Reich Ministers. In our special field the decree of 27 July
1934 has hardly become applicable so far. A reply does not
seem called for.
"2. File in file 7B (?)

“[signed] “R(D-139). The participating powers of Hess were later broadened, according to a letter dated 12 April 1938 from Doctor Lammers to the Reich Ministers (D-140):

The Deputy of the Fuehrer will also have participation where the Reich Ministers give their agreement to the State Laws and legislative ordinances of States under paragraph 3 of the first decree concerning reconstruction of the Reich of Feb 2nd 1934 (Reith Law Gazette I 81). Where the Reich Ministers have already, at an earlier date been engaged in the preparation of such laws or legislative ordinances, or have participated in such preparation, the Deputy of the Fuehrer likewise becomes participating Reich Minister. Laws and legislative decrees of the Austrian State are equally affected hereby.

“[signed] Dr. LAMMERS” (D-140). After Hess' flight to England, Bormann, as Leader of the Party Chancellery, took over the same functions. He was given the authority of a Reich Minister and made a member of the cabinet. (2099-PS)

The Nazi constitutional lawyer, Ernst Rudolf Huber, has this to say about the unity of party and Cabinet (1774-PS):

“Unity of party and Reich-Cabinet (Reichsregierung) is furthermore secured by the numerous personal unions i.e. association of Central State Offices with corresponding party offices. Such personal unions exist in the cases of Food Minister and the Propaganda Minister, the Chief of the German Police and the Reich Labor Leader, the Chief of the Organization in foreign countries, and the Reich Youth Fuehrer. Furthermore, the majority of the Reich Ministries is occupied by leading old party members. Finally, all Reich Ministers have been accepted by the party on 30 January 1937 and have been decorated with golden party insignia." (1774

PS) In 1943, out of 16 Reich Leaders (Reichsleiters) of the NSDAP, eight were members of the Cabinet: Martin Bormann; Walter Darre, Otto Dietrich; Wilhelm Frick; Paul Josef Goebbels; Con

stantin Hierl; Heinrich Himmler; Alfred Rosenberg (2473-PS). Through its domination of the Cabinet the Nazi Party strove to secure the fulfilment of its program under a facade of legality.

(a) Decrees of the Ordinary Cabinet. To the Nazi Cabinet, the Nazi Party program of 25 points (1708PS) was more than a mere political platform; it was a mandate for action. And the Cabinet acted. Point 1 of this program declared :

"We demand the inclusion of all Germans in a greater Germany on the grounds of the right of self-determination."

(1708-PS) In implication of this demand the Nazi Cabinet enacted, among others, the following laws: the law of 3 February 1938 concerning the obligation of German citizens in foreign countries to register (1938 Reichsgesetzblatt, Part I, page 113); the law of 13 March 1938 for the reunion of Austria with Germany (1938 Reichsgesetzblatt, Part I, page 237) (2307-PS); the law of November 1938 for the reintegration of the German Sudetenland - with Germany (1938 Reichsgesetzblatt, Part I, page 1641); the law of 23 March 1939 for the reintegration of Memel in Germany (1939 Reichsgesetzblatt, Part I, page 559). Point 2 of the Party platform stated in part: “We demand

the cancellation of the treaties of Versailles and St. Germain.” (1708-PS) The following acts of the Cabinet supported this part of the program: The proclamation of 14 October 1933 to the German people concerning Germany's withdrawal from the League of Nations and the Disarmament Conference (1933 Reichsgesetzblatt, Part I, page 730); the proclamation and law of 16 March 1935, for the establishment of the Wehrmacht and compulsory military service * (1935 Reichsgesetzblatt, Part I, pages 369, 375) (1654-PS); and the defense law of 21 May 1935 implementing the last-named law (1935 Reichsgesetzblatt, Part I, page 609). Point 4 of the Party platform read as follows:

"Only those who are members of the ‘Volk' can be citizens. Only those who are of German blood, without regard to religion, can be members of the 'Volk'. No Jew, therefore, can

be a member of the 'Volk’.” (1708-PS) Among the cabinet laws which implemented this point were these: the law of 14 July 1933 for the recall of naturalization and the deprivation of citizenship (1933 Reichsgesetzblatt, Part I, page 480); the law of 7 April 1933 permitting persons of non-Aryan descent to be refused permission to practice law (1933 Reichs

gesetzblatt, Part I, page 188) (1401-PS); the law of 25 April
1933 restricting the number of non-Aryans in schools and higher
institutions (1933 Reichsgesetzblatt, Part I, page 225) (2022–
PS); the law of 29 September 1933 excluding persons of Jewish
blood from the peasantry (1933 Reichsgesetzblatt, Part I, page
685) (1402--PS); the law of 26 June 1936, forbidding people of
Jewish blood to hold positions of authority in the army (1936
Reichsgesetzblatt, Part I, page 518) (1398-PS); the law of 19
March 1937 excluding Jews from the Reich Labor Service (1937
Reichsgesetzblatt, Part I, page 325); the law of 28 March 1938
on the legal status of Jewish religious communities (1938 Reichs-
gesetzblatt, Part I, page 338); and the law of 6 July 1938 pro-
hibiting Jews from participating in six different types of business
(1938 Reichsgesetzblatt, Part I, page 823).
Point 23 of the platform proclaimed:

"We demand legislative action against conscious political lies

and their broadcasting through the press.” (1708-PS) To carry out this point numerous Cabinet laws were passed, of which the following are merely examples: the law of 22 September 1933 for the establishment of the Reich Culture Chamber (1933 Reichsgesetzblatt, Part I, page 661) (2082-PS); the law of 4 October, 1933 regarding editors (1933 Reichsgesetzblatt, Part I, page 713) (2083-PS); and the law of 15 May 1934 regarding the theater (1934 Reichsgesetzblatt, Part I, page 411).

All the laws referred to above and hereafter were enacted specifically in the name of the Cabinet (Reichsregierung). A typical introductory paragraph reads:

“The Reich Cabinet (die Reichsregierung) has enacted the
following law which is hereby promulgated.
[Law of 1 August 1934, 1934 Reichsgesetzblatt, Part I,

page 747]. (2003-PS)
In furtherance of the Nazi plans to acquire totalitarian con-
trol of Germany (cf. Section 1-2 of Chapter VII), the Cabinet
passed the following laws: Law of 26 May 1933, providing for
the confiscation of Communist property (1933 Reichsgesetzblatt,
Part I, page 293) (1396-PS); Law of 14 July 1933 against the
new establishment of parties (1933 Reichsgesetzblatt, Part I, page
479); Law of 14 July 1933 providing for the confiscation of prop-
erty of Social Democrats and others (1933 Reichsgesetzblatt, Part
I, page 479) (1388-PS); and Law of 1 December 1933 securing
the unity of party and state (1933 Reichsgesetzblatt, Part I, page
1016. (1395-PS)

In the course of consolidating Nazi control of Germany, (cf.

[ocr errors]

*

Section 3 of Chapter VII) the following laws were enacted by the Cabinet: Decree of the Cabinet, 21 March 1933, creating special courts (1933 Reichsgesetzblatt, Part I, page 136) (2076-PS); Law of 31 March 1933 for the integration of States into the Reich (1933 Reichsgesetzblatt, Part I, page 153) (2004-PS); Law of 7 April 1933 for the reestablishment of the Professional Civil Service (1933 Reichsgesetzblatt, Part I, page 175) (1397-PS); Law of 7 April 1933 for the integration of states into the Reich (1933 Reichsgesetzblatt, Part I, page 173) (2005-PS); Law of 30 June 1933 eliminating non-Aryan civil servants or civil servants married to non-Aryans (1933 Reichsgesetzblatt, Part I, page 433) (1400-PS); Law of 20 July 1933 providing for the discharge of Communist officials (1933 Reichsgesetzblatt, Part I, page 518) (1398-PS); Law of 24 April 1934 creating the People's Court (1934 Reichsgesetzblatt, Part I, page 341) (2014-PS); Law of 1 August 1934 uniting the office of President and Chancellor (1934 Reichsgesetzblatt, Part I, page 747) (2003-PS); Law of 30 January 1935, Reich Governors Law, further reducing the independence of the states (1935 Reichsgesetzblatt, Part I, page 65); Law of 30 January 1935 providing for the abolition of representatives or deliberative bodies in the municipalities (1935 Reichsgesetzblatt, Part I, page 49) (2008-PS); Law of 26 January 1937, the comprehensive civil service law (1937 Reichsgesetzblatt, Part I, page 39); and Law of 18 March 1938 providing for the submission of one list of candidates to the electorate for the entire Reich (1938 Reichsgesetzblatt, Part I, page 258). (2355-PS)

Nazi extermination of political internal resistance in Germany, through the purge of political opponents and through acts of terror, (cf. Section 4 of Chapter VII), was facilitated and legalized by the following Cabinet laws: Law of 14 July 1933 against the new establishment of parties (containing a penal clause) (1933 Reichsgesetzblatt, Part I, page 479 (1388-PS); Law of 3 July 1934 concerning measures for emergency defense of the State (legalizing the Roehm purge) (1934 Reichsgesetzblatt, Part I, page 529 (2057-PS); Law of 20 December 1934 on treacherous acts against state and party and for the protection of party unfforms (1934 Reichsgesetzblatt, Part I, page 1269) (1393-PS); Law of 24 April 1934 making the creation of new or continuance of existing parties an act of treason (1934 Reichsgesetzblatt, Part I, page 341) (2014-PS); Law of 28 June 1935 changing the Penal Code permitting punishment under analogous law (1935 Reichsgesetzblatt, Part I, page 839) (1962-PS); Law of 16 September

1939 permitting second prosecution of an acquitted person before a special court, the members of which were named by Hitler (1939 Reichsgesetzblatt, Part I, page 1841). (2550-PS)

The destruction of the free trade unions in Germany, (cf. Section 5 of Chapter VII), was made possible by the following Cabinet laws: Law of 4 April 1933 concerning factory representative councils and economic organizations (controlling employee representation) (1933 Reichsgesetzblatt, Part I, page 161) (1770-PS); Law of 19 May 1933 concerning Trustees of Labor (abolishing collective bargaining) (1933 Reichsgesetzblatt, Part I, page 285) (405-PS); Law of 20 January 1934 regulating National Labor (introducing leadership principle into industrial relations (1934 Reichsgesetzblatt, Part I, page 45) (1861-PS); and Law of 26 June 1935 establishing Reich Labor Service (compulsory labor service) (1935 Reichsgesetzblatt, Part I, page 769). (1389-PS)

Even the anti-Jewish Nurnberg laws of 15 September 1935, although technically passed by the Reichstag, were nevertheless worked out by the Ministry of the Interior. Dr. Franz A. Medicus, who served as Ministerialdirigent in the Ministry of the Interior, made this statement in a book published in 1940 (2960-PS):

* The work of the Reich Ministry of Interior forms the basis for the three Nurnberg Laws passed by a resolution of the Reichstag on the occasion of the Reich party meeting of Freedom. "The 'Reich Citizenship Law' as well as the 'Law for the protection of German blood and German honor' (Blood Protection Law) opened extensive tasks for the Ministry of Interior not only in the field of administration. The same applies to the 'Reich Flag Law' that gives the foundation for the complete re-organization of the use of the flag

*" (2960-PS). (6) Decrees of The Council of Ministers. Decrees of the Council of Ministers similarly supplied the “legal” basis for other criminal actions of the Nazi conspirators. Among these laws are the following: Decree of 5 August 1940 imposing a discriminatory tax on Polish workers in Germany (1940 Reichsgesetzblatt, Part I, page 1077); Decree of 4 December 1941 regarding penal measures against Jews and Poles in the occupied Eastern Territories (1941 Reichsgesetzblatt, Part I, page 759) (2746-PS); and Decree of 30 June 1942 concerning

*

« ПредыдущаяПродолжить »