Appropriate memoranda have already been turned over to the District Peasants Assocations. Below, I promulgate the individual regulations, as they have been laid down during the conference and how they are now to be applied accordingly:
"1. Fundamentally, farmworkers of Polish nationality no longer have the right to complain, and thus no complaints may be accepted any more by any official agency.
"The farmworkers of Polish nationality may not leave the localities in which they are employed, and have a curfew from 1 October to 31 March from 2000 hours to 0600 hours, and from 1 April to 30 September from 2100 hours to 0500 hours.
"The use of bicycles is strictly prohibited. Exceptions are possible for riding to the place of work in the field if a relative of the employer or the employer himself is present.
"The visit of churches, regardless of faith, is strictly prohibited, even when there is no service in progress. Individual spiritual care by clergymen outside of the church is permitted.
"Visits to theaters, motion pictures, or other cultural entertainment are strictly prohibited for farmworkers of Polish nationality.
"The visit of restaurants is strictly prohibited to farmworkers of Polish nationality, except for one restaurant in the village, which will be selected by the Rurual Councillor's office (Landratsamt), and then only one day per week. The day, which is determined as the day to visit the restaurant, will also be determined by the Landratsamt. This regulation does not change the curfew regulation mentioned above under No.2.
"Gatherings of farmworkers of Polish nationality after work is prohibited, whether it is on other farms, in the stables, or in the living quarters of the Poles.
"The use of railroads, buses or other public conveyances by farmworkers of Polish nationality is prohibited.
"Permits to leave the village may only be granted in very exceptional cases, by the local police authority (Mayor's office). However, in no case may it be granted if he wants to visit a public agency on his own, whether it is a labor office or the District Peasants Association or whether he wants to change his place of employment.
"Arbitrary change of employment is strictly prohibited. The farmworkers of Polish nationality have to work daily so long as the interests of the enterprise demands it, and as it is demanded by the employer. There are no time limits to working time.
"Every employer has the right to give corporal punishment toward farmworkers of Polish nationality, if instructions and good words fail. The employer may not be held accountable in any such case by an official agency.
"Farmworkers of Polish nationality should if possible be removed from the community of the home, and they can be quartered in stables etc., No remorse whatever should restrict such action.
"Report to the authorities is compulsory in all cases, when crimes have been committed by farmworkers of Polish nationality, which are to sabotage the enterprise or slow down work; for instance, unwillingness to work, impertinent behavior; it is compulsory even in minor cases. An employer who loses his Pole who must serve a longer prison sentence because of such a compulsory report will receive another Pole from the competent labor office on request with preference.
"In all other cases, only the state police is still competent."
"For the employer himself, severe punishment is contemplated if it is established that the necessary distance from farmworkers of Polish nationality has not been kept. The same applies to women and girls. Extra rations are strictly prohibited. Noncompliance to the Reich tariffs for farmworkers of Polish nationality will be punished by the competent labor office by the taking away of the worker." will to serve as domestics, and the Defendant Sauckel described this program in his own words, which appear in Document 016-PS, already offered in evidence as U.S.A. Exhibit 168. 016-PS, and particularly page 8, fourth paragraph of the English text; in the German text it appears at page 10, paragraph 1, and I quote directly:
"In order to relieve considerably the German housewife, especially the mother with many children, and the extremely busy farmwoman, and in order to avoid - "
THE PRESIDENT: You are reading page 7, not page 8.
MR. DODD: I am sorry, 7.
THE PRESIDENT: Yes.
MR. DODD: Page 7.
"In order to relieve considerably the German housewife, especially the mother with many children, and the extremely busy farmwoman, and in order to avoid any further danger to their health, the Fuehrer also charged me with the procurement of 400,000 - 500,000 selected, healthy and strong girls from the territories of the East, for Germany". in Germany, these Eastern women, by order of the slave-master Defendant Sauckel, were bound to the household to which they were assigned, permitted at the most three hours of freedom a week, and denied the right to return to their homes.
I now refer to document No. 3044 (b) PS. That is U.S.A. Exhibit No. 206. The document is a decree issued by the Defendant Sauckel containing instructions for housewives concerning Eastern household workers, and I ask that the Court take judicial notice of the original decree which appears on pages 592 and 593, of the second volume of a publication of the Zentralverlag of the NSDAP, entitled "Verfuegungen Anordnungen Bekanntgaben," and I quote from the first paragraph of the English translation of a portion of the decree as follows: "There is no claim for free time. Female domestic workers from the East may, on principle, leave the household only to take care of domestic tasks."
THE PRESIDENT: On what page are you reading.
MR. DODD: Page 1 of the English text, No. 3044 (b)PS, sir.
THE PRESIDENT: Yes, I have got it.
MR. DODD: "as a reward for good work, however, they may be given the opportunity to stay outside the home without work for 3 hours once a week. This leave must end with the onset of darkness, at the latest at 2000 hours.
and similar establishments provided for German, or foreign workers. Attending church is also prohibited. Special events may be arranged for Eastern domestics in urban homes by the German Workers' Front, for Eastern domestics in rural homes by the Reich Food Administration with the German Women's League. Outside the home, the Eastern domestic must always carry her work card as a personal pass. Vacations, return to homes. Vacations are not granted as yet. The recruiting of Eastern domestics is for an indefinite period." End of quotation. and the tortue of the concentration camps. Like other major programs of the Nazi conspirators, the black-shirted guards of the SS, and Himmler's methods of dealing with the people were the instruments employed for enforcement. 1942 issued by Reichsfuehrer SS Himmler to SD, and security police officers concerning Eastern workers spells out the violence which was applied against them.
I offer this order in evidence which is our document 3040 PS, which is USA Exhibit No. 207, and I ask this Court to take judicial notice of the original order, which is published in the "Allgemeine Erlassammlung," Part II, Section 2-A, Roman numeral III, small letter "f", paragraph 15 to 24... pages rather fifteen to twenty-four, and I wish to quote from page three of the English Text starting with paragraph, Roman number III; the German text it appears in section 2-A, Roman number III, "f", at page 19 of the publication as follows:
"III Combating violations against discipline.
(1) According to the equal status of the manpower from the working place.
Violations against discipline, including work secret State police.
The smaller cases will be settled by the enclosure.
To break acute resistance, the guards shall be per mitted to use also physical power against the manpower.
But this may be done only for cogent cause.
The manpower should always be police has to act with its means.
Accordingly, they will be treated, Special treatment is hanging.
It should not take place in the im mediate vicinity of the camp.
A certain numer of manpower from treatment; at that time they are warned about the circumstances reasons of camp discipline, this is also to be requested."
VI; in the German text it appears at section 2-A, Roman numerals III, "f", on page 20.
"VI. Sexual Intercourse.
Soviet Russian territory. By means of their closely confined quar camp for female manpower."
and finally from page five of the same document, paragraph Roman number VIII, and in the German text it appears at section 2-A, Roman numberal III, "f", at page twenty-one:
"VIII, Search.
Furthermore, search measures are to be decreed locally. When the entire slave labor program was, of course, to compel the people of the occupied country to work for German work economy. The decree by which Sauckel was appointed Plenipotentiary General for manpower reveals that the purpose of the appointment was to facilitate acquisition of the manpower required for German war industries, and in particular the armaments industry, by centralizing under Sauckel responsibility for the recruitment and allocation of foreign labor and prisoners of war in these industries. I refer to document bearing our number 1666-PS. This document is a decree signed by Hitler, Lammers, and the defendant Keitel, and it is dated 21st day of March, 1942, appointing the defendant Sauckel the Plenipotentiary General for the utilization of labor.
I ask that the Court take judicial notice of the original decree, which is published at page 179, Part I, of the 1942 Reichsgesetzblatt; referring to the English text starting at paragraph 1, as follows, and quoting directly:
"In order to secure the manpower requisite for the war industries territories should be mobilized.
Reichsstatthalter and Gauleiter utilization of labor.
In that capacity he will be directly responsible to the Commissioner for the Four Year Plan."
"Section III (wages) and Section V (Utilization of labor) of the accomplishment of his task."
Sauckel's success can be measured from a letter which he himself wrote to Hitler on 15 April 1943, and which contained his report on the one year of his activities. We refer to document as No. 407-PS, Roman numberal VI, which bears USA Exhibit No. 209. I wish to quote from paragraphs 6 and 9 on page one of the English Text; in the German text it appears at page 2, paragraphs 1 and 2:
"After one year's activity as Plenipotentiary for the Direction of of this year.
The 3,638,056 are distributed amongst the following branches of the German war economy.
Armament - 1,568,801." labor is found again in a report of the Central Planning Board, to which we have referred so many times this morning and yesterday. Another meeting of this Central Planning Board was held on 16th day of February 1944, and I refer to our document R-124, which contains the minutes of this meeting of the Central Planning Board, and which has been already offered in evidence as USA Exhibit No. 179, and I want to refer particularly to page 26, paragraph 1 of the English text of the document R-124. It is at page 16, in paragraph 2, the German text quoted from the English text:
"The armament industry employs foreign workmen to a large extent; according to the latest figures - 40%." No. 197, records that according to Speer Ministry tabulations, as of 31 December, 1944, approximately two million civilian foreign workers were employed directly in the manufacture of armaments and munitions (end products or components). That the bulk of these workers had been forced to come to Germany against their will is made clear by Sauckel's statement, which I previously quoted from paragraph 3 of page 11, of document R-124. We quoted it this morning, the statement being that of five million foreign workers less than two-hundred thousand -- or only two-hundred thousand came voluntarily.
ment of foreign labor to construct military fortifications. Thus, citizens of France, Holland and Belgium were compelled against their will to engage in the construction of the "Atlantic Wall", and we refer to our document 556-PS-2, which is USA Exhibit No. 194. This is the Hitler order dated 8th day September 1942, and it is initialed by the Defendant Keitel.
Quoting the order directly which said:
"The extensive costal fortifications which I have ordered to be erected in the area of Army Group West make it necessary that in the occupied territory all available workers should be committed and should give the fullest extent of their productive capacities. The previous allotment of domestic workers is insufficient. In order to increase it I order the introduction of compulsory labor and the prohibition of changing the place of employment without permission of the authorities in the occupied territories. Furthermore, the distribution of feed and clothing ration cards to these subject ot labor draft should in the future depend on the possession of a certificate of employment. Refusal to accept an assigned job, as well as abandoning the place of work without the consent of the authorities in charge, will result in the withdrawal of the food and clothing ration cards. The GBA (Deputy General for Arbeitseinsatz) in agreement with the military commander, as well as the Reich Commissar, will issue the corresponding decrees for execution." tribution of the forced labor program to the construction of the Atlantic Wall by the Defendant Speer's Organization Todt. And we refer to document 407-PS VIII, which is U.S.A. Exhibit No. 195. This document is a letter from the Defendant Sauckel to Hitler dated the 17th day of May 1943. And I refer to the second and last paragraphs:
"In addition to the labor allotted to the total German economy by the Arbeitseinsatz since I took office, the Organization Todt was supplied with new labor continually. Thus the Arbeitseinsatz has done everything to help make possible the completion of the Atlantic Wall." compelled to build fortifications to be used against their own countryment. In Document 031-PS, in evidence as U.S.A. Exhibit No. 117, which is a memorandum of the Rosenberg Ministry, which stated in paragraph one at page one of that document:
"Men and women in the theaters of operations have been and will be conscripted into labor battalions to be used in the construction of fortificati
THE PRESIDENT: Page one?
MR DODD: Paragraph one, page one.
THE PRESIDENT: 031 in the document book?
MR DODD: 031-PS
THE PRESIDENT: Beginning on my pages: "Evacuation of Jew will be"-
which begins--the actual beginning of the paragraph is. "The Obergruppen fuehrer has given his consent to again submit the matter"-
MR. DODD: Yes. This document to which I now make reference is dated 12 June 1944, and is marked "Top Secret".
THE PRESIDENT: Yes.
MR. DODD: And begins, "Copy No. 1 of 2 copies."
THE PRESIDENT: Yes.
MR. DODD: Re evacuation of Jews, etc., one memorandum, and I was
THE PRESIDENT: Oh, well.
MR. DODD: To the gauleiter part.
THE PRESIDENT: I have got it now yes.
MR. DODD: "The men and women in the theaters of operations have been ion of fortifications."
operations of war against their own country and its allies. At a meeting at page thirty-two, paragraph five, of the English text.
It is page Defendant Sauckel speaking:
Sauckel: If any prisoners are taken there, they will be needed.
"Milch: We have made a request for an order that a certain percentage of men in the anti-aircraft artillery must be Russians.
Fifty thousand will be taken altogether; thirty thousand are already employed as gunners.
This is an amusing thing that Russians must work the guns."
We refer now to documents Nos. 3027 and 3028, and they are respectively U.S.A. Exhibit 211 for 3027 and 212 for 3028.
They will be found at the as ammunition bearers during the attack upon Tschedowe.
Document 3028-PS to the Hague Convention, No. four Of 1907, which provides that the tasks of prisoners of war shall have no connection with the operations of war.
The and we refer to document No. 3005-PS, which is U.S.A. Exhibit 213.
This paragraph one of that document--I am quoting it directly:
"Upon personal order of the Reich Marshal one hundred thousand men are armament industry and are to be assigned to the armament industry (airplane industry). Gaps in manpower supply resulting therefrom will be filled by Soviet prisoners of war.
The transfer of the above-named French prisoners of war is to be accomplished by 1 October."
The Reich Marshal referred to The Defendant Ke itel directed the execution of Hitler's order to use pri soners of war in the German war economy.
And I now make reference to our document EC-194, which has U.S.A. Exhibit No. 214.
This document Hitler's headquarters on the 31st of October 1941, and I read from page one, paragraphs one and two, quoting it directly as follows:
"The lack of workers is becoming an increasingly dangerous hindrance for the future German war and armament industry. The expected relief through discharges from the armed forces is uncertain as to the extent and date; however, its possible extent will by no means correspond to expectations and requirements in view of the great demand.
"The Fuehrer has now ordered that even the working power of the Russian prisoners of war should be utilized to a large extent by large-scale assignment for the requirements of the war industry. The prerequisite for production is adequate nourishment. Also very small wages are to be planned for the most modest supply, with a few consumers goods for every day's life eventual rewards for production." III -- I am quoting directly:
"II. Construction and Armament Industry.
"(a) Work units for constructions of all kinds, particularly for the fortification of coastal defenses (concrete workers unloading units for essential war plants).
(b) Suitable armament factories which have to be selected in such a way that their personnel should consist in the majority of prisoners of war under guidance and supervision (eventually after withdrawal and other employment of the German workers).
"III. Other War Industries.
"(a) Mining as under II(b) "(b) Railroad construction units for building tracks etc.
"(c) Agriculture and forestry in closed units. The utilization of Russian prisoners of war is to be regulated on the basis of above examples by:
"To I. The armed forces.
"To II. The Reich Minister for Arms and Ammunition and the Inspector General for the German Road System in agreement with the Reich Minister for Labor and Supreme Commander of the Armed Forces. Deputies of the Reich Minister for Arms and Ammunition are to be admitted to the prisoner-of-war camps to assist in the selection of skilled workers."
on the 7th day of November 1941 also discussed the use of prisoners of war in the armament industry. And we refer now to our document No.1206-PS, which bears USA Exhibit No.215. This document consists of top secret notes on Goering's instructions as to the employment and treatment of prisoners of war in many phases of the German war industry. And I wish to quote from paragraph one of page one and paragraph four of page two of the English text, and from paragraph one, page one, and paragraph one page three of the German text as follows:
"The Fuehrer's point of view as to employment of prisoners of war in war industries has changed basically. So far a total of five million prisoners of war -- employed so far two million."
And on page two: "In the Interior and the Protectorate it would be ideal if entire factories could be manned by Russian prisoners of war except the employees necessary for direction. For employment in the Interior and the Protectorate the following are to have priority:
"(a) At the top coal mining industry. Order by the Fuehrer to investigate all mines as to suitability for employment of Russians. At times manning the entire plant with Russian laborers.
"(b) Transportation (construction of locomotives and cars, repair shops). Railroad-repair and industry workers are to be sought out from the prisoners of war. Railroad is most important means of transportation in the East.
"(c) Armament Industries. Preferably factories of armor and guns. Possibly also construction of parts for airplane engines. Suitable complete sections of factories to be manned exclusively by Russians. For the remainder employment in columns. Use in factories of tool machinery, production of farm tractors, generators, etc. In emergency, erect in individual places barracks for occasional workers which are used as unloading details and similar purposes. (Reich Minister of the Interior through communal authorities).
"OKW/AWA is competent for transporting Russian prisoners of war employment through 'Planning Board for Employment of all prisoners of war.' If necessary, offices of Reich Commissiarats.
"No employment where danger to men or their supply exists, that is, factories exposed to explosives, waterworks, powerworks etc. No contact with German population, especially no 'solidarity.' German worker as a rule is foreman of Russians.
"Food is a matter of the Four Years' Plan. Supply their own food (cats, horses etc.)
"Clothes, billeting, messing somewhat better than at home where part of the people live in caverns.
"Supply of shoes for Russians as a rule wooden shoes; if necessary install Russian shoe repair shops.
"Examination of physical fitness in order to avoid importation of diseases.
"Clearing of mines as a rule by Russians; if possible by selected Russian engineers." who sponsored and applied the policy of using prisoners of war in the armament industry; The Defendant Speer also spans red and applied this same policy of using prisoners of war in the armament industry. And we refer to the document bearing cur number 1435-PS, which also carries USA Exhibit No.216. This document is a speech to the Nazi Gauleiters delivered by the Defendant Speer on the 24th day of February of 1942, and I wish to read from paragraph two of that document, and I quote as follows:
"I therefore proposed to the Fuehrer at the end of December that all my labor force, including specialists, be released for mass employment in the East. Subsequently the remaining prisoners of war, about ten thousand, were put at the disposal of the armaments industry by me."
Board, held on the 22nd day of April 1943, that only thirty percent of the Russian prisoners of war were engaged in the armament industry. This the Defendant Speer found unsatisfactory. And referring again to Document R-124, the minutes of the Central Planning Board, and particularly to page seventeen of that document, and to paragraph ten of the English text, and page fourteen paragraph seven of the German text, we find this statement by the Defendant Speer, quoting directly:
"There is a specified statement showing in what sectors the Russian prisoners of war have been distributed, and this statement is quite interesting.
It shows that the armaments industry only received thirty percent. I always complained about this." twenty of the English text, and page fourteen the last paragraph of the German text. The Defendant Speer stated, and I quote from that paragraph directly:
"The ninety thousand Russian prisoners of war employed in the whole of the armaments industry are for the greatest part skilled men." the utilization of labor for the express purpose, among others, of integrating prisoners of war into the German war industry made it plain that prisoners of war were to be compelled to serve the German armament industry. His labor mobilization program, which is document 016-PS, already marked U.S.A. Exhibit 168, contains this statement on page six paragraph ten of the English text, and page nine paragraph one of the German text:
"All prisoners of war, from the territories of the West as well as of the East, actually in Germany, must be completely incorporated into the German armament and nutrition industries. Their production must be brought to the highest possible level."
MR. DODD: I wish to turn now from the exploitation of foreign labor in general to a rather special Nazi program which appears to us to have combined the brutality and the purposes of the slave labor program with these of the concentration camp. The Nazis placed all Allied nationals in concentration camps and forced them, along wit the other inmates of the concentration camps, to work under conditions which were set to actually exterminate them. This was what we call the Nazi program of extermination through work. camps as a further source of the slave labor for the armaments industry. I refer again to a new Document No. R 129, bearing USA Exhibit No. 217. This document is a letter to Himmler, the Reichsfuehrer SS, and it is dated the 30th day of April 1942, from one of his subordinates, an individual named Pohl, SS Obergruppenfuehrer and General of the Waffen SS; and I wish to quote from the first page of that document.
Quoting directly:
"Today I report about the present situation of the concentration camps and about measures I have taken to carry out your order of the 3rd March 1942." English text, and at page 1 of the German text, I quote as follows:
"1. The war has brought about a marked change in the structure of the concentration camps and has changed their duties with regard to the employment of the prisoners. The custody of prisoners for the sole reasons of security, education, or prevention is no longer the main consideration. The mobilization of all prisoners who are fit for work for purposes of the war now, and for purposes of construction in the forthcoming peace, come to the foreground more and more.
"2. From this knowledge some necessary measures result with the aim to transform the concentration camps into organizations more suitable for the economic tasks, whilst they were formerly merely politically interested.
"3. For this reason I have gathered together all the leaders of the former inspectorate of Concentration camps, all Camp Commanders, and all managers and supervisors of work on the 23rd and 24th of April, 19142; I have explained personally to them this new development. I have compiled in the order attached the main essentials, which have to be brought into effect with the utmost urgency if the commencement of work for purposes of the armament industry is not to be delayed." for a program of relentless exploitation, providing in part as follows; and I now refer to the enclosure appended to the quoted letter which is also a part of Document R 129, found at page 3, paragraphs numbered 4, 5, and 6 of the English text, and page 3 of the German text.
"4. The camp commander alone is responsible for the employment of the labor available. This employment must be, in the true meaning of the word, exhaustive, in order to obtain the greatest measure of performance. Work is allotted by the Chief of the Department D centrally and alone. The camp commanders themselves may not accept on their own initiative work offered by third parties and may not negotiate by it.
"5. There is no limit to working hours. Their duration depends on the kind of working establishments in the camps and the kind of work to be done. They are fixed by the camp commanders alone.
"6. Any circumstances which may result in a shortening of working hours (e.g. meals, roll-calls) have therefore to be restricted to the minimum which cannot be condensed any more. It is forbidden to allow long walks to the place of working and noon intervals only for eating purposes." a scheme for mobilizing the manpower potential of the camps. It actually was integrated directly into the la rger Nazi program of extermination; and I wish to refer at this point to our document bearing No. 654 PS andUSA Exhibit 218.
THE PRESIDENT: Do you think it will be convenient to break off now for a few minutes?
MR. DODD: Very well.
(A recess was taken from 1540 to 1550 hours.)
MR. DODD: At the recess time I had made reference to Document No. 654 PS which has the USA Exhibit No. 218. This document is a memorandum of an agreement between Himmler, Reichsfuehrer SS, and the Minister of Justice, Thierack. It is dated the 18th day of September 1942. The concept of extermination to which I have referred shortly before the recess, was embodied in this document and I wish to quote from page 1, paragraph 2 of 764 PS.
"2. The delivery of anti-social elements from the execution of their sentence to the Reich Fuehrer of SS to be worked to death. Persons under protective arrest, Jews, Gypsies, Russians and Ukrainians, Poles with more than 3 year sentences, Czechs and Germans with more than 8 year sentences, according to the decision of the Reich Minister for Justice. First of all the worst anti-social elements amongst those just mentioned are to be handed over. I shall inform the Fuehrer of this through Reichsleiter Bermann." the English text, and page 3, paragraph 14 of the German text, as follows:
"14. It is agreed that, in consideration of the intended aims of the Government for the clearing up of the Eastern problems, in future Jews, Poles, Gypsies, Russians and Ukrainians are no longer to be judged by the ordinary courts, so far as punishable offenses are concerned, but are to be dealt with by the Reich Fuehrer of SS. This does not apply to civil lawsuits, nor to Poles whose names are announced or entered in the German Racial Lists." bring this new source of labor within his jurisdiction. Speer convinced Hitler that significant production could be obtained only if the concentration camp prisoners were employed in factories under the technical control of the Speer Ministry instead of the control in the camps. In fact, without Speer's cooperation, we say it would have been most difficult to utilize the prisoners on any large scale for war production since he would not allocate to Himmler the machine tools and other necessary equipment. Accordingly, it was agreed that the prisoners were to be exploited in factories under the defendant Speer's control. To compensate Himmler for surrendering this jurisdiction to Speer, the defendant Speer proposed, and Hitler agreed, that Himmler would receive a share of the armaments output, fixed in relation to the man hours contributed by his prisoners.