Trade union premises all over Germany were occupied by the SA and the unions dissolved. On the 2nd of May 1933, the official NSDAP Press Service reported that the National Socialist Factory Cells Organization (NSBO) had "eliminated the old leadership of Free Trade Unions" and taken over their leadership.
I now offer in evidence Document 2224-PS, U.S.A. Exhibit No.364, which are pages 1 and 2 of the 2nd of May 1933 issue of the National Socialist Party Press Agency. I quote from paragraph 5 of page 1 of the English translation:
"National Socialism, which today has assumed leadership of the not know a fatherland that is called Germany.
Because of that, the National Socialist Factory Cell Organization (NSBO) has taken over the leadership of the trade unions.
The NSBO has Employees' Federation.
..
(NSBO) took over the leadership of all trade unions; all trade organization."
directed by the Defendant Ley, in his capacity as Reichsleiter in charge of Party Organization, assisted by the Gauleiter and Party Formations, included, the seizure of trade union funds and property. In this connection I offer in evidence Document 1678-PS, U.S.A. Exhibit Nq. 365. This document is a report of a speech by Reichsleiter Ley on the 11th of September 1937, to the 5th annual session of the German Labor Front. In this speech, Ley shamelessly corroborates the confiscation of trade union funds. I quote from paragraph 4 of page 1 of the English translation:
"Once I said to the Fuehrer: 'My Fuehrer, actually I am standing comrades 'Leipart' and 'Imbusch', and should, they some day ask me building things, or otherwise.
But they shall Therefore I would have to be convicted.
' It was very difficult for us all.
Today we laugh about it ....." Unions was advanced by the enactment on 19th May, 1933, of a law which abolished collective bargaining between workers and employers, and replaced it with a regulation of working conditions by Labor Trustees appointed by Hitler.
I refer to document 405-PS, which is the text of the law, 1933 RGBI, I, 285. After providing in Section 1 for the appointment by Hitler of trustees of labor, this law provides, and I quote from Section 2 of the English translation of document 405.
"Until a new revision of the social constitution, the conclusion of labor contracts.
This practice of employers ....." the next step of the Nazi conspirators was to secure the Nazification of the field of industrial relations.
I refer to document No. 1861-PS, which is the text of the law of 20th January, 1934 RGBI, I, 45. This law was entitled the "Law Regulating National Labor," and it imposed the Leadership Principle upon industrial enterprisers and provided in Section I, paragraph 1, that the enterpriser should be the leader of the plant and the workers would "constitute his followers." I now quote from Section 1, paragraph 2 of the first page of document No. 1861-PS.
"The leader of the plant makes the decisions for regulated by this law.
He is responsible for community."
Front, the DAF, an affiliated Party organization. On the very day the 2nd of May, 1933, they publicly proclaimed that a "united front of German workers" would be formed with Hitler as honorary patron at a worker's congress on the 10th of May, 1933.
I quote from the "The National Socialist Party Press Agency is informed that a great workers' congress will Russian House of Lords in Berlin.
The there.
Adolph Hitler will be asked to assume the position of Honorary Patron."
as an instrument forpropagandizing its millions of compulsory members with Nazi ideology. The control of the Leadership Corps over the German Labor Front was assured not only by the designation of Reichsleiter of the Party Organization Ley as head of the DAF, but by the employment of a large number of Politischen Leiter or political leaders, charged with disseminating and imposing Nazi ideology upon the large membership of the DAF. I now cite Document 2271-PS, U.S.A. Exhibit No. 328, which is the Party Organization Book referred to yesterday, pages 185-187, and I quote from the first page of the English translation, the first paragraph:
"The National Socialist Factory Cells Organization, (NSBO), is a union of the political leaders of the NSDAP National Socialistic idea."
fore presented, the Prosecution submits that it is another evidence of crime that the Leadership Corps of the NSDAP was responsible for the plundering of art treasures by the Defendant Reichsleiter Rosenberg's Einsatzstab Rosenberg, and the definition of "Einsatzstab" is a "special staff," and I am told that the word "Einsatz" means "to give action to". In other words, it was a task force, a special staff. connection with the general subject of "Plundering of Art Treasures", and I shall now turn to the document books of the "Plundering of Art Treasures", because the citations now will be in this small book.
I now pass to Your Honors' Document Book "W", and, may I say, diverting from the text, that the trial address, which is very brief, and as I have been told by the Translating Division, has been translated into all four languages, and as I understand, Colonel Dostert mil distributethem to all parties in their respective languages.
reference here to the plundering of art treasures in the occupied portion of Poland, which does not bear directly upon this subject, but does on the general conspiracy; and I thought, in the interest of time, that we might follow the presentation, because it is very brief. which are to be proved at this point, are those dealing with the plunder of public and private property, under Count One, The Common Plan or Conspiracy. It is not my purpose to explore all phases of the ordinary plunder in which the Germans engaged. However, I would bring to the attention of the Tribunal and of the world, the defendants' vast organized systematic program for the cultural impoverishment of virtually every community in Europe, and for the errichment of Germany thereby. Einsatzstab Reichsleiter Rosenberg, and the responsibility of the Leadership Corps in this regard is a responsibility that is shared by the Defendants Rosenberg, Goering, and Keitel, and by the defendant organizations, the General Staff, High Command, Gestapo, the Security Service and the SS. the Einsatzstab Rosenberg, I wish to reveal briefly the independent plundering operations, conducted in the General Government of occupied Poland by authority of the Defendant Goering, and under the supervision of Defendant Frank, the Governor General. Polish art treasures.
Dr. Muehlmann himself gives evidence of this order in Document No. 3042, found in the Document Book last introduced, as US Exhibit 375.
THE PRESIDENT: Are the documents in Book W?
COL. STOREY: Book W; yes, sir.
THE PRESIDENT: I was asking whether the documents in Book W are placed in order of number in PS?
COL. STOREY: They are; yes, sir; and the first one is found on the first page. I beg your pardon; 3042 would be a numerical order toward the end, your Honor.
THE PRESIDENT: I have it. I was merely asking for general information.
COL. STOREY: These are consecutive. I would like to offer this affidavit and to read it in full. In short, it was obtained in Austria.
"Kajetan Muehlmann states under oath:
"I have been a member of the NSDAP since 1 April 1938. I was a Brigadier General (Oberfuehrer) in the SS.
"I was never an illegal Nazi.
"I was the special deputy of the Governor General of Poland, Hans Frank, for the safeguarding of art treasures in the General Government, October 1939 to September 1943.
"Goering, in his function as chairman of the Reich Defense Council, had commissioned me with this duty. Hans Frank, to take into custody all important art treasures which belonged to Polish public institutions, private collections and the Church. I confirm that the art treasures mentioned were actually confiscated, and it is clear to me that they would not have remained in Poland in case of a German victory, but they would have been used to complement German artistic property." Signed and sworn to by Dr. Muehlmann. published officially in the Law of the General Government, and I ask the Court to take judicial knowledge. It's page E.800, art. 1, sec. 1. It's not in the document book. It is just a short quotation, of which we ask the Court to take judicial knowledge.
Quoting:
"All movable and stationary property of the former Polish State will be sequestered for the purpose of securing all manner of public valuables."
In a further decree of 16 December 1939, appearing at page E.810 of the same publication, Frank provided that all art objects in public possession in the General Government were to be seized for the fulfillment of public tasks of common interest, insofar as they had not already been zeized under the decree of 13 November. The decree provided that, in addition to art collections and art objects belonging to the Polish State, there will be considered as owned by the public those private collections which have not already been taken under protection by the Special Commissioner, as well as all ecclesiastical art property. seized on the basis of the decree of 15 November 1939 wall be transferred to the ownership of the General Government, and this decree is also found at page E.810 of the same publication. picture of the vastness of the program for the cultural impoverishment of Poland, carried out pursuant to the directives, as I cannot read into the record the 500-odd masterpieces catalogued in Document 1233-PS, or the many hundreds of additional items catalogued in Document 1709. Now, Document 1233, which I hold in my hand, is a finely bound, beautifully printed catalogue, in which Defendant Frank proudly lists and describes the major works of art which he had plundered for the benefit of the Reich. This volume was captured by the Monuments, Fine Arts and Archives Division of the Third United States Army, and was found in Frank's home near Munich. The introductory page describes the thoroughness with which the General Government stripped Poland of its cultural possessions. That is quoted in Document 1233-PS.
THE PRESIDENT: Will you hand that up?
COL. STOREY: I am quoting now from the introductory page, the English translation, the first paragraph. I might say by way of explanation that that lists all of the valuable art treasures.
THE PRESIDENT: Yes, Colonel Storey?
COL. STOREY: I just started to say this book lists the valuable art treasures by titles. I now quote from the introductory page:
"By reason of the decree of 16 December 1939 by the Governor General of the Occupied Polish Territories, the Special Commissioner for securing objects of art and culture was able to seize within six months almost all of the art objects of the country, with one exception: a series of Flemish Gobelins of the Castle of Cracow. According to the latest information, these are now in France, so that subsequent seizure will be possible." references to paintings by German, Italian, Dutch, French and Spanish masters, rare illustrated books, Indian and Persian miniatures, woodcuts, the famous Veit-Stoss hand-carved altar (created here in Nurnberg and purchased for use in Poland), handicraft articles of gold and silver, antique articles of crystal, glass and porcelain, tapestries, antique weapons, rare coins and medals.
These articles were seized, as indicated in the catalog, from public and private sources, including the National Museums in Cracow and Warsaw, the cathedrals of Warsaw and Lublin, a number of churches and monasteries, university libraries, and a great many private collections of Polish nobility. 1233-PS. It is the one just introduced in evidence, and the Document bearing our number 1709-PS. This latter report, in addition to listing the 521 major items described in the catalog, lists many other items, though generally no less important from an artistic standpoint, and were considered by the Germans to be of secondary importance from the standpoint of view of the Reich. attempted to conceal his real purpose in seizing these works of art. The cover of the catalog itself states that the objects listed were secured and safeguarded. Strangely enough, it was found necessary to safeguard some of the objects by transporting them to Berlin and depositing them in the depot of the Special Deputy or in the safe of the Deutschebank, as is indicated on page 80 of Document 1709--PS, U.S. Exhibit 378. The items referred to as having been transported to Berlin are listed in the catalog of objects safeguarded as being numbers 4, 17, 27, 35, and so on. Thirtyone extremely valuable and world-renowned sketches of Albrecht Durer, taken from the collection of Lubomierski in Lemberg, were likewise safeguarded. At page 68 of this report, Dr. Muehlmann states that he personally handed these sketches to Goering, who took them to the Fuehrer at his headquarters. as well as other dinnerware, were also safeguarded by Frank, who had the Special Deputy deliver these objects to an architect for the purpose of furnishing the castle at Cracow and the Schloss Kressendorf, which were the residences of the Governor General. It was apparently Frank's belief that these items would be safer in his possession, used to grace his table and dazzle his guests, than they would be in the possession of the rightful owners.
of Poland was seized for the use of Germany, and would never have been returned in the event of German victory. Dr. Muehlmann, a noted German art authority, who directed the seizure program for the period of four years and was endowed by Frank with sufficient authority to promulgate decrees generally applicable throughout the territory, has stated the objectives of the program in no uncertain terms in the affidavit to which I have just referred. Einsatzstab Rosenberg, an organization which planned and directed the looting of the cultural treasures of nearly all Europe. To obtain a full conception of the vastness of this looting program, it will be necessary to envision Europe as a treasure-house in which is stored the major portion of the artistic and literary product of two thousand years of Western Civilization. It will further be necessary to envision the forcing of this treasure-house by a horde of vandals, bent on systematically removing to the Reich these treasures, which are, in a sense, the heritage of all of us, to keep then there for the enjoyment and enlightenment of Germans alone. Unique in history, this art seizure program staggers one's imagination and challenges ones credulity. The documents which I am about to offer in evidence will present undeniable proof of the execution of the policy to strip the occupied countries of the accumulated product of centuries of devotion to art and the pursuit of learning. offer all the documents and all the details, because our Soviet and French colleagues will offer a great many of the detailed documents in support of their case on War Crimes. That is an order of Hitler dated the 29th of January 1940, which set into motion the art seizure program that was to envelop the continent. Here is the original. I call your Horrors' attention to this original, being signed by Adolf Hitler, and I believe it is in the famous Jumbo type.
I quote the order in its entirety. It is very short:
"The 'Hone Schule' is supposed to become the center for National Socialistic ideological and educational research. It will be established after the conclusion of the war. I order that the already initiated preparations be continued by Reichsleiter Alfred Rosenberg, especially in the way of research and setting up of the library.
"All sections of the Party and State are requested to cooperate with him in this task." of art properties, by the 5th of November 1940, the program had extended beyond its original scope to include the seizure of Jewish art collections. copy of an order signed by Goering, dated 5 November 1940, in which the Defendant Goering states, and I quote:
"In conveying the measures taken until now for the securing of Jewish art property by the Chief of the Military Administration, Paris, and the Einsatzstab Rosenberg, the art objects brought to the Louvre will be disposed of in the following way:
"Those art objects about which the Fuehrer has reserved for himself the decision as to their use.
"2. Those art objects which serve to the completion of the Reichsmarshal's collection.
"3. Those art objects and library books, the use of which seem useful to the establishment of the higher institutes of learning, and which come tihin the jurisdiction of Reichsleiter Rosenberg.
"4. Those art objects which are suited to be sent to the German museums for establishment of the library for ideological research, the original purpose had been expanded so as to include the seizure of art works, not only for the benefit of research, but for the delectation of the Fuehrer and Goering, and the enhancement of the collections of German museums. the Nazi conspirators could not content themselves merely with the exploitation of the cultural riches of France, and rapidly extended their activities to the other occupied countries. I now offer inevidence Document No. 137-PS. That is a copy of an order signed by the Defendant Keitel, dated 5th of July 1940; and I should like to read that brief order in full.
"To:- Chief of Army High Command "Reichsleiter Rosenberg suggested to the Fuehrer that:
1. The state libraries and archives be searched for documents valuable to Germany.
2. The Chancelleries of the high church authorities and lodges be searched for political maneuvers directed against us, and that the material in question be seized.
"The Fuehrer has ordered that this suggestion be followed and that the Gestapo, supported by the archivists of Reichsleiter Rosenberg, be put in charge of the researches. The Chief of Security Police, SS Gruppenfuehrer Heydrich, has been informed. He will communicate with the competent military commanders in order to execute this order.
"These measures will be executed in all regions on the Netherlands, Belgium, Luxembourg, and France occupied by us.
"It is requested that subordinate services be Informed.
"Chief of Army High Command:
"Signed KEITEL."
From the Netherlands, Belgium, Luxembourg and France the Einsatzstab's activities ultimately were expanded still further to Norway and Denmark. I now offer in evidence Document 159-PS, US Exhibit 380, which is a copy of an order signed by Utikal, Chief of the Einsatzstab, dated the 6th of June 1944, from which it is seen that a special mission of the Einsatzstab was sent to Norway and Denmark. Einsatzstab reached out to seize the cultural riches thus made available to them, and their activities were extended to the Occupied Fastern Territories, including the Baltic States and the Ukraine, as well as to Hungary and Greece I now offer in evidence Document 153-PS, US Exhibit 381, being a certified copy of a letter from Rosenberg to the Reich commissioner for the East, and Reich commissioner for the Ukraine, dated 27 April 1942. The subject of the letter is stated to be as follows:
"Formation of a Central Unit for the Seizure and Securing of Objects of Cultural Value in the Occupied Eastern Territories." In the last paragraph of that document, I quote:
"With the commissars of the Reich a special department within Department II (political) has been set up for a limited time for the seizure and securing of objects of cultural value. This office is under the control of the head of the main group of Einsatzstal of Reichsleiter Rosenberg for the occupied territories."
THE PRESIDENT: Perhaps this would be a good time to break off for ten minutes.
(A recess was taken from 1120 to 1130 hours.)
158-PS, U. S. Exhibit 382, which I now offer in evidence. This was a copy of a message initialled by Utikal, Rosenberg's Chief of Staff. The first paragraph of this document states, "The Einsatzstab of Reichsleiter Rosenberg for the occupied direction of Stabseinsatzfuehrer Dr. Zeiss, who is identi Hungary described in the Fuehrer's Decree of 1 March 1942."
I now offer into evidence Document No. 171-PS, U.S.A. Exhibit 383, an undated report on the "Library for Exploration of the Jewish Question". The 5th paragraph states, "The most significant book-collections today belonging Jewish Question are the following:"
The 9th item of the list which follows refers to, "Book-collections from Jewish Communities in Greece (about 10,000 volumes)." scale, extending as it did to France, Belgium, the Netherlands, Luxembourg, Norway, Denmark, the Occupied Eastern Territories, the Baltic States, the Ukraine, Hungary and Greece, should call upon a multitude of other agencies for assistance. Among the agencies cooperating in the plunder program were several of those which stand indicted here as criminal organizations. by the Hitler order of 1 March 1942 which I offer into evidence as our document 149-PS, U.S.A. Exhibit 369, which is signed personally by Adolph Hitler and is also on the jumbo typo.
The order decrees the ideological fight against the enemies of National Socialism to be a for the Hohe Schule.
The 5th paragraph states, "The measures of execution concerning the cooperation with consent of the Reichsleiter Rosenberg."
like to read the ether portions. I call attention of your Honors to the distribution. It is distributed to all duty stations of the armed forces, the Party, and the State. It says:
"Jews, Free-Masons and their associated, ideological enemies of National Socialism are responsible for the war which is new being waged against the Reich. The coordinated, ideological fight against these powers is a military necessity. I therefore charged Reichsleiter Rosenberg to carry out this task in cooperation with the chief of the OKW. His 'staff for special purposes' in the occupied territories is authorized to search libraries, record - offices, lodges and other ideological and cultural institutions of all kinds for suitable material and to confiscate the said material for the ideological tasks of the NSDAP and the later scientific rescarchwork of the 'Hohe Schule.' The same regulation applies to the cultural values, which are in possession of Jews, ownerless or not of unobjectionable origin." The final passage is:
"The necessary measures within the territories of the East under the German Administration are determined by 'Reichsleiter' Rosenberg in his capacity as 'Reichsminister' for the occupied territories of the East.
"Signed: A. Hitler."
THE PRESIDENT: Cel. Storey, I think the Tribunal would find it convineint, and it would save time, if the documents when they are referred to were read in full in so far as you want to read them, rather than returning to read one passage and then returning to a document later on.
COLONEL STOREY: Yes, sir. May I explain why that was, sir? I was trying to fit in this presentation with the Leadership Corp. It was quoted in two places and I didn't notice it until I started.
THE PRESIDENT: What I am saying is that I think it is easier to follow the documents if all the parts of the document which you wish to read are read at one time, rather than read one sentence, then come back to another sentence, and then possibly come back to a document for a third sentence. I don't know whether that will be possible for you to do.
COL. STOREY: We will try to work it out that way, sir.
THE PRESIDENT: Thank you.
COLONEL STOREY: Cooperation of the SS and the SD is indicated in a letter from Rosenberg to Bermann dated 23 April 1941, Document No. 071-PS, U.S.A. Exhibit 311 which I now offer into evidence. This letter states in the fifth sentence of the first numbered paragraph:
"It is understood that the confiscations Service (SD) as well as by the police."
Further down in the some paragraph Rosenberg states:
"It has been communicated to me in writing the Reich Security (RSHA) of the SS has of a monastery:
The Catholic Handbook, Albertus Magnus; Edition of the Church Fathers; History of the Papacy by L. V.Pastor, and other works."
The second and last paragraph of this letter states that:
"I should like to remark in this connection that this affair has already been executed on our side with Security Service (SD) in the most loyal fashion." of the Einsatzstab Rosenberg, a diligence which will be readily understood in view of the fact that he himself directed that second in priority only to the demands of the Fuhrer were to be "those art objects which served the completion of the Reichsmarshal's collection." That is Goering. Wehrmacht services, which I am now offering into evidence as 1117-PS, USA Exhibit 384 an original order bearing Goring's signature. This order requested all Party, State and Wehrmacht Services, and I now quote:
"...to give all possible support and assistance to the Chief of Staff of Reichsleiter Rosenberg's staff ..the above-mentioned persons are requested to report to me on their work, particularly on any difficulties which might arise." of the Einsatzstab. I offer into evidence a captured photost atic copy of a letter from Goring to Rosenberg, showing Goring's signature, which bears our No. 10151-PS, which I offer in evidence as USA Exhibit 385. The last paragraph of this letter states as follows:
"...On the other hand I also support personally the work of the Einsatzstab wherever I can do so, and a great part of the seized cultural goods can be accounted for because I was able to assist the Einsatzstab with my organizations." the origin, the growth and the operation of the art looting organization, it is because I feel that it will be impossible for me to convey to you a full conception as to the magnitude of the plunder without conveying to you first, Information as to the vast organizational work that was necessary in order to nable the defendants to collect in Germany cultural treasures of staggering roportions.
Nothing of value was safe from the grasp of the Einsatzstab. In view of the great experience of the Einsatzstab in the complex business of the organized plunder of a continent, its facilities were well suited to the looting of material other then cultural objects. Thus, when Rosenberg required equipment for the furnishing of the offices of the administration in the east, his Einsatzstab was pressed into action to confiscate Jewish homes in the west. Document No. 1-188, which is USA Exhibit 386, and which I now offer into evidence is a copy of a report submitted by the director of Rosenberg's Office West, operating under the Ministery for the Occupied Eastern Territories. I wish to read at some length from this document and I call the Tribunal's attention to the third paragraph on page 3 of the translation.
"The Einsatzstab Reichsleiter Rosenberg was charged with the carrying out of this task, (that is: the seizure of art properties). In addition to this seizure of property, at the suggestion of the Director West of the Special Section of the Einsatzstab, it was proposed to the Reichsleiter that the furniture and other contents of the unguarded Jewish homes should also be secured and dispatched to the Minister for the Occupied Eastern Territories for use in the Eastern Territories." The last paragraph on the same page states:
"At first all the confiscated furniture and goods were dispatched to administration of the Occupied Eastern Territories. Owing to the terror attacks on German cities which then began, and in the knowledge that bombed-out people in Germany ought to have preference over the eastern people, Reichminister and Reichsleiter Rosenberg obtained a new order from the Fuhrer according to which the furniture etc. obtained through the M Action was to be put at the disposal of bombed-out people within Germany." The report continues with a description of the efficient methods employed in looting the Jewish homes in the west (top of page 4 of translation.)
"The confiscation of Jewish homes was carried out as follows: So-called confiscation officials went from house to house where no records were available of the addresses of Jews who had departed or fled as was the case, for instance, in Paris, in order to collect information as to abandoned Jewish homes...They drew up inventories of those homes and subsequently sealed them...
"In Paris alone about twenty confiscation officials confiscated more than 38,000 homes. The transportation of the contents of those homes was completed with the entire car park of the Union of Parisian Removal Contractors who had to provide up to 150 trucks, 1200 to 1500 French laborers." report because our French colleagues will present the details later.
Looting on such a scale seems fantastic. But I feel I must refer to another statement: For though the seizure of the contents of over 71,000 homes and their shipment to the Reich in upwards of 26,000 railroad cars is by no means a petty operation; the quantities of plundered art treasures and books, and their incalculable value as revealed in the documents I am about to offer will make these figures dwindle by comparison.
of me, to which the Justice referred in his opening statement. of works of art secured by the Einsatzstab and are volumes which were prepared by members of the Rosenberg staff. All of these volumes bear our No. 2522-PS, and I offer them in evidence. each one of you -- they are all different -- might see a sample of the inventory. I call your Honors attention to the inside top page. Most of them have an inventory, in German, of the contents of the book, and then follows a true photograph of each one of these pricelss objects of art, separated by fine tissue paper. by our forces when they overran a part of southern-occupied German territory.
THE PRESIDENT: Is there anything known about the articles photographed here?
COL. STOREY: Yes, I will describe them later. I believe each one of them is identified in addition to the inventory.
THE PRESIDENT: I meant whether the articles, the furniture or pictures themselves, have been found.
COL. STOREY: Yes, sir, most of them were found in an underground cavern. I believe in the southern part of Bavaria, and these books were found by our staff in connection with the group of U.S. Army people who have assembled these objects of art and are now in the process of returning them to the rightful owners. That is where we got these books. to just the aggregate totals of the different paintings. Here are the totals as shown by Document 1015b-PS, which is in the Document Book 1015b-PS. As they are totalled, I don't think Your Honors need to follow the document; you can continue looking at the hooks if you like.