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.
THE PRESIDENT: We hear no objection; the document will be admitted in evidence.
MR. LAFOLLETTE: The next exhibit, which will be number 20 when offered, is document No. 778, at page 56 of book 1-A: Excerpt from the speech held by Frank in Berlin on 3 October 1936 concerning "Jewry in the field cf law", published in Dokumente der Deutschen Politik, Vol. IV, page 225. I read from page 56:
"As leader of the German legal profession and as leader of the German lawyers, as President of the Academy for German law and as Reich leader of the Legal Office cf the NSDAP, I declare the following on the occasion of the opening of this congress:
"First: For all future time it will be impossible that Jews will act in the name of German law.
"Second: The German legal science will be reserved for German men. The word German is to be interpreted in conformity with the racial legislation of the Third Reich.
"Third: There is no need whatsoever for the re-editing of German legal works written by Jewish authors. All German publishers will immediately cease to publish such new editions.
"Fourth: The works of Jewish authors are to be removed from all public or study libraries whenever this is at all possible. Those works are no longer to be included under the various headings of German legal science and are to be transferred to those divisions of the libraries which illustrate the activities of the Jews and of the Jewish people. The legal publications of Jewish authors have nothing whatsoever to do with German legal science. Such works are merely the opinions of alien legal observers in connection with German legal ideas and . German legal facts. In the future, members of the German legal profession will cite Jewish authors only in such cases in which such citations are absolutely necessary, in order to illustrate or demonstrate typically Jewish mentality. It will be impossible in the future for German legal teachings to be based in any way whatever on the teachings of Jewish legal theories."
That is the excerpt, and all I care to read from that document, which I offer to introduce into evidence as Prosecution Exhibit No. 20.
THE PRESIDENT: We hear no objections; the document will therefore be admitted in evidence.
MR. LAFOLLETTE: The next exhibit will be No. 21, which will be document No. 538. It appears on page 59 of book 1-A. This document is a lecture at the University of Rostock for the 13th of February, 1936, by Dr. Franz Schlegelberger, Undersecretary in the Reich Ministry of Justice. The publisher of this work was Franz Vahlen, Berlin W-9. This is the defendant Dr. Franz Schlegelberger in this cass.
I shall read from page 67 and 68 of the English document book, beginning at the bottom of page 67:
"In the sphere of criminal law the road to a creation of justice in harmony with the moral concepts of the new Reich has been opened up by a new wording of Section 2 of the Criminal Code, whereby a person is also to be punished even if his deed is not punishable according to the law, but if he deserves punishment" -
I beg your pardon. Isn't it coming through?
THE PRESIDENT: No, it hasn't been coming through. Just a moment, while we check.
MR. LA FOLLETTE: I will go back. I am reading from the bottom of page 67, of the English paging of document book No. 1-A. This is the defendant Schlegelberger's speech, which has previously been referred to, given on the 10th of March, 1936:
"In the sphere of criminal law the read to a creation of justice in harmony with the moral concepts; of the new Reich has been opened up by a new wording of Section 2 of the Criminal Code, whereby a person is also to be punished even if his deed is not punishable according to the law, but if he deserves punishment in accordance with the basic concepts of criminal law and the sound instincts of the people.
This new definition became necessary because of the rigidity of the norm in force hitherto."
That is all I care to read from that document, Your Honor. I now offer it as Prosecution Exhibit No. 21, it being document No. 538, in bock 1-A.
THE PRESIDENT: Inasmuch as only a portion of it has been read, it is the right of defense counsel to read such other portions as they may desire to read in connection with this document.
MR. LAFOLLETTE: I assume, Your Honor, that that is when the defense puts in their case in chief, and not at this time.
THE PRESIDENT: Wait a moment. It is the feeling of the Tribunal that if defense counsel feel that there are other portions of a document which should be read in connection with that portion which the Prosecution reads that they would have that right, but we will not inquire each time. If they feel that there is something they want to have read, another portion of the document, please indicate at the time the document is offered.
We hear no request for having other portions of the document read. The document will therefore be admitted.
DR. KUBUSCHOK: I do not wish to read anything from the document.
MR. LA FOLLETTE: Document No. 840 found at Page 79, Document Book 1-A will when formally offered, become Prosecution Exhibit No. 22. I read from that document now. This is an excerpt from Hitler's speech of the 13th of July 1934, Voelkischer Beobachter, 15 July 1934. This was after the Roehm purge.
"Under these circumstances, I could make only one decision. If the damage could be prevented at all, I had to act with lightening speed. Only ruthless and bloody action could, perhaps, still quell the spread of the revolt, and there could be no question that it would be better to annihilate a hundred rebels, plotters and conspirators than tens of thousands of innicent SA men on the one side, and tens of thousands of equally innocent men on the other.
"MUTINIES ARE BROKEN ACCORDING TO THE SAME ETERNAL IRON LAWS
"Whenever someone reproaches me with not having used ordinary court for their sentencing, I can only say: In this hour, I am responsible for the fate of the German nation and hence the supreme law lord of the German people. Mutinous Divisions have always been put in order again by means of decimation. Only one State did not make use of its articles of war, and this State, as the result, collapsed; it was Germany. I did not wish to deliver the new Reich to the fate of the old.
"I have given the order to shoot those who were mainly responsible for this treason, and I further gave the order to burn out, down to the raw flesh those festering sores which poison our Country internally and also poison foreign opinion.
"And, furthermore, I gave the order to shoot down the mutineers whenever they made any attempt to resist their arrest.
The nation must know that its existence, which is guaranteed by its internal order and security, will not be threatened with impunity by anyone. It must know, for all future times, that whoever raises his hand to strike a blow to the State is fated to die a certain death.
"WHOEVER RISES AGAINST GERMANY IS A TRAITOR.
"Whoever commits treason shall not be punished according to be extent and magnitude of his deed, but according to the mental attitude which it displays. Whoever undertakes to create mutiny by violating faith and holy promises, can expect to be the first victim. I do not have the intention to shoot the small culprits and to let the big ones go.
"In order to prevent that political passion and indignation might lead to lynch justice against some of the incriminated persons, strict orders were given already on Sunday, July 1, after the danger had been removed and the revolt could be regarded as having been quelled, that all further retributive action had ceased. Thus, normal conditions have been reestablished since the evening of Sunday, July 1. A number of deeds of violence, which are not connected with these mutinies, will be handed over to the regular Courts."
I now offer to introduce into evidence Prosecution Exhibit No. 22, which is Document No. 840 found in Book 1-A.
THE PRESIDENT: We hear no objection. It may therefore be admitted in evidence.
MR. LA FOLLETTE: Prosecution's Exhibit No. 23 will be Document No. 417 at Page 83 - beginning at Page 82 of Document Book 1-A.
The Court will permit me just a minute. It may save some time. This is a speech - a report on the speech of Reichsminister Dr. Goebbels before the members of the People's Court cf Justice on 22 July 1942.
"Reich Minister Dr. Goebbels stated at the outset that he had been asked by President Thierack to address the members of the highest German Court of Justice. He had gladly complied with this request. What he had to say had a special political aspect owing to the Fuehrer's approval cf his comments, the draft of which he had submitted to the Fuehrer.
"The civil servants of the administration of justice had, owing to the nature of their work, always been subject to public criticism. Also to-day decisions of the courts were criticized and called alien to the spirit of the German people. One must not reply to the reproach that justice had failed by pretesting that always only certain cases of wrong decisions had been singled out and the great number of the good and correct judgments had been disregarded. We are dealing here with a principle i.e. cf a wrong attitude cf many judges who could not redeem themselves from their old ways of thinking. The one-sided teachings at the universities are to be blamed for it to a considerable extent and also the fact that the judge lived secluded in his professional surroundings and knew too little of life itself. Decisions alien to the spirit of the German people had, however, very detrimental effects especially during war time. All must be done to remedy the situation before it is too late for justice. No professional men except the judges had heretofore had the guarantee cf being irremovable. Even Generals could be removed. A powerful state could not renounce the right to remove officers unsuitable for their office because of inaptness or other reasons. This had to apply to the judge as well. The idea of the irremovable judges, he went on to say, originated in an alien intellectual world, hostile to the German people.
"The Minister then referred to individual judgments that nowadays were unbearable. He cited in the first instance the case of the Jew Leo SKLAREK (in the Minister's speech stated by error as the case of "Barmat"). He could not understand that this notorious Jewish profiteer, who after his emigration to Prague had been a spy, had only been sentenced to 8 years' penal servitude (the judgment of the People's Court of Justice of 16/4/1942 was delivered for having incited to commit high treason, based on Par. 92 of the Penal Code). The judgment which the Court of Eichstaedt had delivered in the case of a man, killed in action in the East, having been insulted, were also untenable. woman who upon receipt of the news of his death had uttered: "Thank God" had been acquitted by reason of impossible justification. The Minister also referred to MOELDER's letter.
"While making his decisions the judge had to proceed less from the law than from the basic idea that the offender was to be eliminated from the community. During a war it was not so much a matter of whether a judgment was just or unjust but only whether the decision was expedient. The state must ward off its internal foes in the most efficient way and wipe them out entirely. The idea that the judge must be convinced of the defendant's guilt must be discarded completely. The purpose of the administration of the law was not in the first place retaliation or even improvement but maintenance of the state. One must not proceed from the law but from the resolution that the man must be wiped cut. The criminal must know beforehand that he will lose his head, should he assault the foundations of the state. These drastic measures must not be left to offices outside of justice but are the duty of justice. The big sacrifices of life which must be made by the best part of the people during the war give us a special reason to treat the offender with ruthlessness. We must bear in mind that during the winter 1941/42 every criminal had had better billets in the prisons than 3 1/2 million of German soldiers. Today we have an entirely different conception of certain offenses which in normal times would not have been considered serious at all, but are now regarded as deserving death penalty; (theft during an air-raid alarm, robbery of hand-bags during black-cut hours; heavy penalties in cases of listening to foreign wireless stations; this action being mental self-mutilation). The justice ridiculed itself by placarding summons to missing persons prior to their being pronounced dead, as everybody knew the missing person in the East or even in any enemy's country could not report at all.
"In this connection the Minister went on to speak about the Jewish problem. He went on to say that if still more than 40,000 Jews whom we considered enemies of the state could freely go about in Berlin, this was solely due to the lack of sufficient means of transportation. Otherwise the Jews would have been in the East long ago. Officers of Justice must recognize their political task also while attending to the Jews. To feel sorry for them would be a blunder. It was an untenable situation that still today a Jew could protest against the charge of a President of the Police who was an old party member and a high SS-Leader. The Jew should not be granted any legal remedy at all nor any right of protest.
"In his final comments the Minister pointed out again that the state must apply all means to ward off its foes at home and abroad. During a war it was therefore necessary that the idea of the expedient decision took the first place in justice. The people had to be possessed with the will of absolute self-maintenance.
He recalled the words which on January 30, 1933, the Fuehrer had said to him on their way from the 'Kaiserhof' to the Chancellory of the Reich upon entering the Chancellory, "Nobody will ever get me out of here alive."
"After this speech President Theirack expressed his thanks to the Minister for his fundamental comments, said that the Minister had greatly assisted him once before and asked him to repeat his inciting and directing instructions also in the future."
The Prosecution now offers into evidence Prosecutor's Exhibit 23.
THE PRESIDENT: We hear no objection, therefore, the document will be admitted into evidence.
MR LaFOLLETTE: I refer now, Your Honors, to Document Number 752, Page 85 of Document Book 1-A. This will be Prosecution Exhibit No. 24.
"Extract from "Voelkischer Beobachter," South German Edition A, Page 3, Number 117, 27 April 1942."
This is a speech by Hitler.
"I do expect one thing: That the nation gives me the right to intervene immediately and to take action myself wherever a person has failed to render unqualified obedience and service in the performance of the greater task which is a matter of to be or not to be. The front and the homeland, the transport system, administration and justice must obey only one idea, that of achieving victory. In times like the present, no one can insist on his established rights, but everyone must know that today there are only duties.
"I therefore ask the German Reichstag to confirm expressly that I have the legal right to keep everybody to his duty and to cashier or remove from office or position without regard for his person or his established rights, whoever, in my view and according to my considered opinion, has failed to do his duty."
I will now go further down on the same page, 85, to the paragraph following "Page 2 of Original," beginning with "Furthermore."
"Furthermore, I expect the German legal profession to understand that the nation is not here for them but that they are here for the nation, that is, the world, which includes Germany, must not decline in order that formal law may live, but Germany must live irrespective of the contradictions of formal justice. From now on, I shall intervene in these cases and remove from office those judges who evidently do not understand the demand of the hour."
The prosecution wished to offer in evidence Prosecution Exhibit Number 24 which is Document Number 752.
THE PRESIDENT: We hear no objection. The document will there fore be admitted in evidence.
MR. LaFOLLETTE: NG-275 is found at page 87 of Document Book Number 1-A and will be offered as Prosecution Exhibit Number 25. I shall read only as marked, from Pages 97 to 103. will begin with Page 97 of the English Document Book, the first grammatical paragraph following the the insert, "Page 14 of Original." It is at the bottom of the page. It begins with," I shall now talk about another problem of a practical nature, a wartime problem, a problem which at least during the month has become particularly important."
JUDGE BRAND: Not "During the month" but "during the war."
MR. LaFOLLETTE: "During the war" is correct. I might also say that this speech was made at a mass meeting at the M.S.D.A.P. on the fifth of January, 1943 in Breslau. This fact appears on Page 87 of the English Document Book.
"I shall now talk about another problem of a practical nature, a wartime problem, a problem which at least during the war has become particularly important. I call it the problems of the asocial. It has been solved. I should like to start from the very beginning so that you can understand it: since 1933, our government has been striving to create a physically and mentally healthy youth and healthy nation. We have achieved by the laws protecting hereditary health (Erbgesundheitsgesetze) that people not worthy of having offspring will not have children.