cases from various appellate court districts. My activity included, as far as I can remember from the end of 1936, also political questions of a general official nature, especially the superintending of uniform regulations and matters not regulated concerning criminal prosecution pursuant to the law against malicious political acts against the State or Party (Heimtueckegesetz), furthermore the finding and safeguarding of historically valuable documents. On 20 April 1939 I was promoted to the office of Ministerial Councellor (Ministerialrat). On 1 July 1940 I was assigned to the Reich Commissioner for the occupied Dutch territories. My activity in Holland included in particular the German civil jurisdiction, besides I was liaison officer between the Commissioner General for Administration and Justice (Dr. Wimmer) and the Secretary General of the Dutch Ministry of Justice at the Hague (Tenking). On 17 March 1941 I was transferred to the Staff of the Deputy of the Fuehrer (after May 1941) Party Chancellery in Munich as Leader of Group III C. Group III C was in charge, within the compass of its competence, of matters concerning the attitude of the Party Chancellery towards drafts of laws and ordinances proposed by the Reich Ministry of Justice, of complaints by the judicial authorities against Party offices, and vice versa, of the Party offices against Justice. My appointment as Ministerial Director of the Reich Ministry of Justice took place during my activity in the Party Chancellery. On 4 January 1944 I resigned from the Party Chancellery as per 31 December 1943, taking up on 4 January 1944 the position as State Secretary in the Reich Ministry of Justice. I held this position to the end of the war. My sphere of work comprised representing the Minister during his absence in matters which could not be postponed. I was also empowered to settle such business conclusively as was not important enough to be submitted to the Minister. Besides I was chief of department II (matters concerning examinations and the rising generation).
"I have read the above statement in the German language and declare that it is the full truth to the best of my knowledge and belief. I was able to make corrections and alterations in the above statement. I made this statement voluntarily without any promise of remuneration and I was not subject to any threat or compulsion.
Nuernberg, 1 February 1947."
I formally introduce into evidence Prosecution Exhibit Number 10.
THE PRESIDENT: Inasmuch as only portions of this affidavit have been read, if Dr. Schilf, as counsel for the defendant Klemm, thinks he must have other parts read, I think that would be entirely proper at this time.
MR. LAFOLLETTE: I do not believe Dr. Schilf feels that I, in any way, have adversely affected his client by what I did not read.
THE PRESIDENT: He seems to have no objection. It will be received in evidence.
MR. LAFOLLETTE: I certainly had no intention of so doing.
NG-690 is on page 33. This is the affidavit of Dr. Wolfgang Mettgenberg. If Your Honor please, I will ask Mr. King to introduce this in evidence.
MR. KING: "I, Dr. Wolfgang Mettgenberg, late Ministerialdirigent in the Reich Ministry of Justice in Berlin, state and declare under oath:
"I was born on 10 October 1882 in Kleve. From 1890 to 1893 I attended the elementary school in Kleve, from 1893 to 1898 the high school in Kleve, from 1898 to 1902 College in Koblenz. Immediately afterwards I attended the following universities: Grenoble (France) in 1902, Bonn from 1902 to 1903, Berlin from 1903 to 1904, and then Bonn again from 1904 to 1905.
"In Cologne in 1905 I passed my examination as a young barrister. I passed my assessor's examination in 1909 in Berlin. In 1906 I received my doctor's degree from the University of Bonn."
I will now skip a couple of paragraphs and start reading again with:
"My professional career was as follows:
"From 1909 to 1917 I was Court Assessor in Cologne, Aachen, and Koblenz. From 1917 to 1920 I was first sent as public prosecutor to Wuppertal-Elberfeld, then to Duesseldorf, then again to Elberfeld, and finally to Berlin.
"In 1920 I was first called to the Reich Ministry of Justice as a public prosecutor, and. then after three months, as a Higher Government Counsellor (Oberregierungsrat). In 1923 I became Ministerialrat and in 1939 Ministerialdirigent. I held this rank until the end of the war, I had to supervise the work on matters punishable by criminal law, especially those which came under the international penal code in a wider sense of the word.
"I was not a member of the NSDAP and belonged neither to the SS nor the SA. I was only a member of the Rechtswahrenbund, and thus automatically belonged to the Reichsbeamtenbund ---"
I apologize for the pronunciation.
"--- of the NSY, the Reichskolonialbund, the Red Cross, and supporting member of the NSFK."
Then follows the affidavit of Dr. Mettgenberg.
THE PRESIDENT: Does Dr. Schilf desire that any other parts of the affidavit be read?
DR. SCHILF: No.
MR. KING: The Prosecution formally offers NG-690 in evidence.
THE PRESIDENT: It will be received in evidence.
MR. KING: The next biographical affidavit which we wish to introduce is NG-732. It is the biographical affidavit of Oswald Rothaug.
THE PRESIDENT: On what page will that be found.
MR. KING: That will be found on Page 42 of Document Book 1-A.
"I, Oswald Rotaug, former attorney of the Reich Public Prosecution at the People's Court in Berlin swear, state and declare:
"I was born on 17 May 1897 in Mittelsinm. When I had gone through the elementary school in Aura (1909) I went to the new Gymnasium in Wuerzburg."
I think we can dispense with reading the rest of that paragraph and proceed with the third paragraph.
"I joined the NSDAP officially in spring 1938 and my membership was made effective from 1 May 1937. My membership number, I do not remember. I did not hold any kind of offices in the party. I was neither a member of the SS nor of the SD nor of the SA. However, I was a member of the National Socialist Jurists' League, the National Socialist Public Welfare Association, the Reich Association for Airraid Protection and the National Colonial League.
"I was serving in the Wehrmacht as Lance Corporal with the regional defense battalion at Stalag XIII from the end of August 1939 until the end of September 1939. After this I was given the status of indispensability as my services were required by the President of the Appellate Court in Nuernberg.
"After the usual preparatory service, I began my career as a jurist in December 1925, as the assistant of Dr. Bayer, an attorney in Ansbach. In May 1926 I had further practice as an assistant-judge with the Public Prosecution in Ansbach. From May until about August 1926 I was an assistant-judge at the Local Court of Weissenburg, from August 1926 until some time in December 1926, I was assistant-judge at the Local Court of Pfaffenhofen, from December 1926 to June 1927 at the local Court of Ingolstadt and from 1 June 1927 to 1 October 1929, I was public prosecutor in Hof in charge of general criminal cases.
From 1 October 1929 to 1 June 1933 I officiated as counsellor at the Local Court in Nuernberg. I acted as the sole judge in penal cases and as the chairman of a Lay Assessor's Court, and from autumn 1930 as civil judge. From 1 June 1933 until 1 November 1934 I was senior public prosecutor with the Public Prosecution in Nuernberg. My duties in this capacity were the following: I was the official in charge of general criminal cases, assistant of the chief public prosecution (examination of suspensions of proceedings, and of petitions for pardon). From 1 November 1934 to 1 April 1937 I officiated as Counsellor of tho District Court in Schweinfurt.
I was legal adviser in the Civilian Penal Chamber and at tho Court cf Assizes, and was chairman cf tho Lay Assessors' Court. On 1 April 1937 I was appointed director of the District Court in Nuernberg. I held this office until 1 May 1943. During this time I was chairman of tho Court of Assizes, cf a Penal Chamber and cf the Special Court. The latter handled serious Criminal cases in general, matters of a political nature and matters concerning the martial-law cf the Reich in penal affairs.
From 1 May 1943 to April 1945 I officiated as public prosecutor cf the Public Prosecution at tho People's Court in Berlin. As the head of a department I handled cases of high treason in the southern Reich territory and from 1 Jan uary 1944 cases concerning the undermining cf public morale in the Reich territory.
There follows tho declaration of defendant Rothaug. There being no objections from defense course 1, the prosecution new offers NG-732 in evidence.
THE PRESIDENT: We hear no objection and it will therefore be received in evidence.
MR. KING: That will be Exhibit No. 12. The next biographical affidavits which the prosecution wishes to introduce will be NG-694, tho affidavit of Guenther Nebelung, beginning on page 35 of Document Book No. 1.
"I, Guenther Nebelung, former Chief Justice of the Berlin People's Court, swear, state and declare:
"I was born at Harlingerode on 24 March 1896. Between" -I think we will skip down to the third paragraph on page 1 of that exhibit.
I passed my first state examination in juris prudence in 1921, and my second examination in 1924. I served for my preparatory training with tho courts and administrative authorities of Brusnwick between 1921 and 1924.
I joined the NSDAP in 1928, my membership number being 74, 371. In tho NSDAP I hold the position cf Ortsgruppenleiter at Eschershausen and Seesen. At the sane time I wag Ortsobmann cf the National Prolifics at Seesen. In 1944 I joined tho SA. As legal adviser I took an active part in the SA. My rank was that cf an SA-Sturmfuehrer. In the years between 1929 and 1930, and from 1933 to 1939 I was a member cf the Corps of Political Leaders. I was also a member of the NSV, which is the National Social Public Welfare Association. I was recipient of the NSDAP Decoration in gold, of the SA-Sport Badge, and f tho Party Service Badge for distinguished services over a period of 10 to 15 years.
During World War I, I served from 1914 to 1919 with tho Artillery on feet and sound ranging teams. My last rank held was that cf Vize-Feldwebel der Reserve. From 1939 until 1940, I served with the now Army, first with tho 19th Observation detachment No. 19. From August 1941 until October 1941, I served with the 216th Artillery Replacement Detachment; and from October 1941 until March 1942 with the 475th Coast Artillery Detachment, from April 1942 to November 1942 with tho 828th Coast Artillery Detachment, and from November 1942 until February 1943 with tho 215th Artillery Replacement Detachment. My highest rank was that cf Captain in the reserve units. I was awarded the Iron Cross IInd class with clasp. After a brief status as "indispensable from the end of 1940 until 31 July 1941, I was classified permanently "indispensable "on behalf of the Reich Administration of Justice, effective February 1943.
My professional career was tho following:
From 1924 on I was a lawyer and from 193P on notary at Eschershausen. From 1931 to 1934 I was a lawyer and notary at Seesen. On 15 July 1934, I became Chief Justice with the Supreme Court Of Appeals in Brunswick. I remained in this position until 51 December 1954. During this period I served in the Third Civil Senate in the Criminal Senate, and in the Hereditary Farm Court. On 1 January 1935, I was appointed President of tho Court of Appeals of tho Brunswick Court of Appeals district. I remained in this posit on until 30 June 1944. My sphere of duties comprised. District administration, presiding ever tho First Civil Senate, tho Hereditary Farm Court, the Examining Office, tho Disciplinary Penal Chamber, and tho Criminal Senate. On 1 July 1944, I was appointed Chief Justice at the Berlin People's Court. I occupied this position until tho end of the war. In my capacity as Chief Justice I presided ever tho Fourth Senate of tho People's Court.
There follows the statement of Nebelung that he has read tho statement, part of which we have just introduced. There being no objections, the prosecution offers in evidence as Prosecution Exhibit No. 13, NG-694.
THE PRESIDENT: We hear no objection and it will therefore be received in evidence.
MR. LA FOLLETTE: I was wondering if tho court would care to recess now. It would be longer than five minutes to read these documents. There will be throe more, but we will get right in tho middle of one possibly at 12:30, and I was wondering if the court would have any objection if we could recess a few minutes earlier.
THE PRESIDENT: We will recess at this time until one-thirty o'clock.
(A recess was taken until 1330 hours.)
AFTERNOON SESSION (The hearing reconvened at 1330, 6 March 1947.)
MR. KING: May it please the Court, the next biographical affidavit which the prosecution would like to read, at least in part, is NG-692, the biographical affidavit of Rudolf Oeschey. That is to be found on page 37 of Document Book 1-A. I think we can start with the second paragraph:
"I joined the NSDAP 1 December 1931. I do not know my Part number. In the NSDAP I had the position of war representative for the Gau Main Office for Legal Aid and Legal advice. I was not a member of the SS or the SA. I have only been a member of the NS Jurists' League, the NS Public Welfare Association and the NS Colonial League.
"I was in the army from February 1945 until the end of the war. I was a soldier in the medical corps Replacement and Training Division. I was not awarded any orders or decorations.
"My professional career was as follows:
"From 1 December 1933 until 15 February 1934 I was a Court Assessor in the Public Prosecutor's Office in Augsburg. From 16 February until 1 November 1935 I was Assistant Public Prosecutor at the Public Prosecutor's Office in Hof. On 1 November 1935 I was promoted Senior Judge at the Local Court in Aschaffenburg. I remained in this position until 31 December 1938. I was in charge of the departments for the Land Registry, Civil Law Suits and the Training of Candidate-Attorneys. From 1 January 1939 until I believe about 1 April 1941 I was Senior Judge at the District Court in Nuernberg/Fuerth. Ch 1 April 1941, as far as I remember, I was appointed District Court Director at the same court. In this office I remained until the end of my professional career. From October 1943 until I was drafted into the army in February 1945 I was Chairman of the District Court of the Court of Appeals of the Nuernberg district. After my induction I was released by the army from 4 April until 14 April 1945 to function as Chairman of the Court Martial Nuernberg."
There follows the statement of the defendant Oeschey to the effect that he has read the affidavit from which we have quoted excerpts. There being no objection, the prosecution would like to offer in evidence the Document NG-692 as Exhibit No. 14.
THE PRESIDENT: We hear no objections; therefore, it will be received in evidence.
MR. KING: The next biographical affidavit which the prosecution would like to introduce in evidence is NG-691, and is the biographical affidavit of Hans Petersen, which may be found on page 39 of Document Book 1-A. With the exception of the first line of the second paragraph, I will begin reading the third paragraph.
"I was born on the 13th of September 1885 in Athens, Greece."
Beginning with the third paragraph:
"I joined the NSDAP on the 1st of April 1925. My party membership number is 9986. In 1932 I was appointed honorary delegate for the Military Political Bureau of the NSDAP in Swabia. From 10 September 1933 until 1934 I was a. consultant. 1935 to 1936 as department chief in the SA Reich Leader School at Munich, On 15 January 1936 I was appointed leader of the SA Brigade 39 in Dessaru. I held this position until 30 September 1940. From 10 October 1940 to 30 November 1941 I was deputy Fuehrer of the SA Group Thuringia, stationed in Weimar. As of 1 January 1942 I occupied the position of SA Gruppenfuehrer and chief of the Main Personnel Department in the Supreme Commend of the SA in Munich. I was promoted to Obergruppenfuehrer of the SA on 30 January 1944.
"I was bestowed with the following party badges; The Golden Party Badge, as well as service decorations of the NSDAP in gold, silver, and bronze. I did not belong to the SS. From 1904 to 1920 I served as an active officer with the Infantry Regiment "Prinz Karl", Number 118 at Worms. During the First World War I served as a captain and battalion commander of the 9th Reserve Division. I was bestowed with the following medals and decorations: Iron Cross 1st and 2nd class, the Hessian Medal for Bravery, the Hamburg Hanseats Cross, the War Decoration for Frontline Combattants, and the War Service Cross 1st and 2nd class without swords, and the Wound Badge in black.
I did not take part in the Second World War on account of my age.
"After my discharge as major op the inactive list I attended a trade school in 1921. I was clerk in a national bank from 1922 to 1923, after that I worked es a bank official with the Darmstadt People's Bank in Darmstadt until 31 March 1924. During summer 1924 I set up a farm for raising silver foxes and high-class fur animals at Immedstadt in the Allgaeu. From 1924 to 1936 (31st May) I was the owner and manager of the firm "Hans Petersen", farm for silver foxes and high-class fur animals in Immenstadt, Allgaue.
"Besides that I occupied after the advent of the NSDAP from 1933 to 1934 the honorary office of the second Buergermeister of Immenstadt. 1937 to 1940 I was honorary State Councillor in Anhalt. In this position I legally was deputy Prime Minister of Anhalt. From 1941 or 1942 until 1945 I worked as an honorary member in the special senate of the People's Court. The last session in which I participated took place in autumn 1944."
There follows the statement that he has read the portions of the document which we have just concluded, There being no objection, the prosecution offers in evidence NG-691 as Prosecution Exhibit No, 15.
THE PRESIDENT: We hear no objections and it will therefore be admitted.
MR. KING: The next document which the prosecution would like to offer in evidence is NG-704, which is the biographical affidavit of the defendant Franz Schlegelberger, which will be found on page 47 of Document Book 1-A. I note that the copy which I have here seems to be a little blurred in places, but if the Court will bear with me we will try to make it out the best we can. It reads:
"I, Franz Schlegelberger, formerly Secretary of State in the Reich Ministry of Justice, swear, depose, and declare:
"I was born on 23 October 1875 in Koenigsberg. After having attended secondary school (Gymnasium) in the old city of Koenigsberg from 1884 to 1894.
I devoted myself to the study of law at the universities of Koenigsberg and Berlin. After I had taken the degree of a Doctor of Law at the University of Leipzig in 1899, I passed the higher state law examination in 1901. In my capacity as an assistant judge I was first employed at the Local Court and then at the District Court in Koenigsberg. In 1904 I became judge in the Local Court in Lyck. In 1908 I was transferred to the Local Court I in Berlin and in the fall of the same year was called to the Court of Appeal as an assistant judge. Here I was appointed councillor of the Court of Appeal in 1914 (Kammergerichtsrat) where I worked until spring 1918. During the war, on 1 April 1918 I was transferred as an assistant to the Reich Board of Justice (Reichsjustizamt). On 1 October 1918 I was appointed privy Government Councillor and department chief. My fields of activity were, above all, commercial and. economic law; spheres that were incorporated in the newly established department No. III of the Reich Ministry of Justice in 1921. I was charged with the control of this department. On 1 April 1927 I was appointed Ministerial Director in the Reich Ministry of Justice. My sphere of work included civil, commercial, and public law. On 10 October 1931 I was appointed Secretary of State in the Reich Ministry of Justice.
"All essential matters with the exception of Criminal Law and the Hereditary Farm Law were under my control. Besides this I dealt with personnel questions from several provinces.
"After the death of the Reich Minister of Justice Dr. Guertner on 29 January 1941 I was in charge of the Reich Ministry of Justice as administrative Secretary of State. In August 1942, simultaneously with the appointment of tho now Reich Minister of Justice Dr. Thierack, I definitely resigned from the Ministry. I had not joined the army neither during tho first, nor during tho second World War.
"I did not join the party voluntarily, In 1938 Hitler ordered, without asking me beforehand that I was officially to be registered as a party member. I have never been a. member of any affiliated organization of the party nor rendered any active service within tho party. I never received any awards or decoration from the party. I was a member of the National Socialist Lawyer's League."
Then, there follows tho statement that the defendant Schelgelberger had road the above affidavit which we have quoted in full.
There being no objection, the Prosecution would like to offer in evidence Document NG-704 as Prosecution's Exhibit 16.
THE PRESIDENT: We hear no objections, and it will, therefore, be admitted in evidence.
BY MR. LA FOLLETTE:
MR. LA FOLLETTE: May it please your Honors, I shall very shortly offer into evidence and read substantial excerpts from certain speeches, tho first four of which will be by Dr. Hans Frank. In order that the Court might know who Hans Frank was, I am going to road excerpts from the brief on Hans Frank from ho IMT. That is page 5.
"In 1929 --"
Your Honors do not have this document. It is a short biographical statement, that is all.
"In 1929 Hans Frank was made head of the Legal Department of the Reichs Leadership Office in tho NSDAP, and in this capacity he was appointed Reichsleiter in 1931. Thus in 1931 Frank reached tho highest position in the National Socialist Party. As Reichsleiter he was directly subordinate to Hitler. In 1926 Hitler made Frank Reichsleiter of the National Lawyer's League."
I think that should read 1936, your Honor.
First document, 779, which will be offered as Plaintiff's Exhibit No. 17. This is an excerpt from a speech made by Hans Frank before a meeting of German jurists on October 3, 1933. I beg your pardon, it is on page 50 of Book 1-A.
THE PRESIDENT: Book 1-A
MR. LA FOLLETTE: Yes, Book 1-A am sorry. Document No. NG-779. I will start over:
"Excerpt from a speech by Hans Frank before a meeting of German jurists on 3 October 1933, (published in Dokumente der Deutschen Politik, Vol. 1, p. 369):
"Now the German jurist have become unified. The German people itself has given to German jurists tho historic opportunity to become active once more and to repair tho damage created by alien jurists in tho past. This you can achieve by being always close to the people rather than to narrow professional circles in all your actions and your judgments. There is no legal profession separate from tho people as a whole; no, we want only to be a regiment of jurists in tho great army of National Socialism, and we should be proud of the Fuehrer were to admit this regiment of law forever among his ranks.
"'The law of tho now German Reich will not protect weaklings, but it will make tho strong even stronger by protecting them against tho decadent influence of harmful, inferior races. In tho future, no other values will be recognized in tho law than those which are based on the eternal law of National life and death.'" I offer to introduce into evidence Plaintiff's Exhibit 17, Document NO.
NG-779. 193
THE PRESIDENT: We hear no objection to the introduction of the document, therefore, it will be admitted in evidence.
MR. LAFOLLETTE: Document -- I mean Exhibit No. 18 when offered will be Document NO NG-780, page 51 of Book 1-A.
"Excerpt from a radio speech by Dr. Hans Frank on 20 March 1934, (published in Dokumente der Deutschen Politik, Vol. II, p. 294):
"'The second fundamental legislation of the Hitler Reich is the racial law. The concept of race was, for the first time in human history, made a legal concept by the National Socialists. The racially and nationally unified German nation will be protected in the future against any further devaluations of its racial stock.
"'The third basic principle of Adolf Hitler's legal policy was the prosecution of all trends which tended to threaten the cultural and creative powers of our race with destruction. By means of the sterlization laws, it will be possible in the future to see to it that inferior people--people who are unworthy to live, people who are uncreative, and whoso mental and physical condition constitutes a detriment to the community will no longer be able to procreate and thus to continue to constitute a danger to tho German people.
"'A further, sixth fundamental principle was the legal elimination of all those political organizations which working within the people, the state and the structure of the Reich, could pursue their own egoistic aims, rather than those of the community. Tho elimination of the Parties was carried out entirely according to legal principles. It is not tho expression of unbridled, despotic tendencies, but the necessary legal consequence of a clear political event, of the 14 year long struggle of the National Socialist Party.'" I now offer into evidence prosecution's Exhibit No. 18, which is Document NO.
780.
THE PRESIDENT: We hoar no objection, and the document may therefore be received in evidence.
MR. LA FOLLETTE: Tho Exhibit which will be offered a.s 19, is Document No. 777 page 52, in Book 1-A:
"Excerpt from the speech of Hans Frank before the NSDAP Party Congress on 14 September 1934, concerning 'The reform of German Law.' (Published in Dokumenteder Deutschen Politik, Volume 3, page 315):
"'This great reconstruction of the Germannation, like any successful political venture, assumes the form of legal principles and must, under all circumstances be effectively protected against tho destructive elements which are present in every State. Without making any soft-hearted concessions, the proud, self-assured National-Socialist leadership-state demands of its legal organization tho protection of its citizens and of its structure against destructive elements. To tho iron state of National-Socialism corresponds an iron concoction of law according to which fidelity and discipline, the spirit of sacrifice and the community of tho people are the supporting ideology of tho organization of our national life, and hence, of cur law. By moans of the law of 18 June 1935, the liberalist foundation of the Old Penal Code: 'no penalty without a law' was definitely abandoned and replaced by the postulate: 'no crime without punishment,' which corresponds to our conception of tho law.'" At this time, your Honor, and I hope that the Defense Counsel will agree, I ask unanimous consent that this document, or it is to be agreed, that I may be permitted to amend my reading to confirm with the document.
The original date is 1935. I find it in tho document as 1935-
THE PRESIDENT: (Interposing) You moan in tho heading where it says -
MR. LA FOLLETTE: (Interposing) Yes, September 14, 1935. I find tho original document states 1935. The English document book was off one year.
THE PRESIDENT: I am sure there is no objection.
MR. LA FOLLETTE: If there is none, I ask that the record be properly amended to confirm with the document.
"' This basic innovation was rendered possible by the NationalSocialist attitude toward tho criminal, which demands that, rather than to protect the criminal against tho community's reaction to his crime, it is necessary to give legal protection to tho community against tho effects of his criminality. In tho future, criminal behavior, oven if it does not fall under formal penal precepts, will receive tho deserved punishment if such behavior is considered punishable according to the healthy feelings of the people.'" This definitely replaces formalistic legal concepts with the objective concept of crime according to the Germanic view of the law.
By means of a strict administration of penalties, this increased severity of the penal law will become an effective weapon against all enemies of the people and of the State. The exaggerated humanization of punishment has thus come to an end, with the result that punishment has become, once again, an effective means of intimidation.
"But the National-Socialist legislators do not want to wait until a crime has been committed in order to pass a sentence. They will use every measure which may serve the preventive fight against criminality. Despite all attacks directed against them, the legal professions already decreed in 1933 the castration of sexual delinquents, and the sterilization of racially inferior people in the interest of eugenically healthy offspring have been carried out effectively by means of the legal procedures provided for them. Party comrade, Dr. Wagner, has noted that this revolutionary measure has already received increasing recognition from among sensible foreign professional circles. The Resolution of the Seventh International Commission for Penal Law and Penal Institutions signifies that foreign jurists, too, welcome sterilization as a commendable preventive measure among the laws furthering the fight against criminality.
"The second field, that of civil law, the right of individuals, is marked by the progressive recession of liberalistic concepts. Thus, the law for the prevention of the misuse of distraint, of 13 December 1934, empowers courts to withhold ordering distraint, even when a legal cause for it exists, whenever, after the examination of all circumstances, the proceedings of the creditor against the debtor violates the healthy feelings of the people.
"Besides, the competent agencies of State and Party are working ceaselessly to abolish once and for all the numerous liberalistic and alien legal concepts which, during the last century, have replaced and overgrown the law of our fathers. It is obvious that, due to the far reaching consequences of every legal decree in the field of civil law, this work cannot be carried cut hastily but must develop organically.
"National-Socialism is the point of departure, the content and the goal of the legal policies of the Third Reich. For this reason, it is unbearable to us to permit Jews to play any role whatsoever in the German administration of justice. It was just this Jewish materialist, commercial 'spirit of the stock market' which has caused German justice to become a breeding place of egoistic commercialism and which has attempted to lower the high dignity of the legal repositories of the German people's conscience, which every German court must be, by attempting to reduce it to the plane of conflicting interests activated by dirty egoism. National-Socialist laws can never be properly used by Jewish judges or Jewish lawyers. It will therefore be our firm aim to exclude Jews increasingly from the administration of law as time goes on. In the name oi the entire legal profession and of German justice, I have a protest also against the typically Jewish insolence of Judge Brodsky of New York. The times have passed when the German people could be insulted by the Jews. But the example of the Jewish Judge Brodsky constitutes an important indication to us National Socialists, which we will always bear in mind in our fight against Jewish bolshevism, because it shows the danger of degeneration of the law arises from the Jew.
"The National-Socialist movement thus constitutes high blessings to the life of the entire German nation. What is the point of the eternal accusation raised by the other countries against German justice? In Germany the citizens again live securely and the iron sword of justice, raised by National-Socialism, will attain all those who violate the basic principles of security. The ideology of the people's community dominates German legal life, together with the ideology of the protection of the race."
I offer and introduce into evidence Prosecution Exhibit No. 19, being document No. NG-777.