He is in a prisoner of war camp near Moscow. I presume that in the course of today to tomorrow we will be in a position to inform the Tribunal more exactly.
THE PRESIDENT: Now, Sir David, have you been able to find out whether the defendant Goering did give any evidence upon this topic?
SIR DAVID MAXWELL-FYFE: My staff are on that matter at the moment. They haven't quite completed checking the transcript. I hope to be able to inform your Lordship very shortly.
THE PRESIDENT: Very well. The Tribunal will deal with the question of documents on behalf of the organizations, and I think that Dr. Servatius is going to deal with it first.
DR. SERVATIUS: Dr. Servatius for the Corps of Political Leaders. Mr. President, first I shall present the contents of the document book, then I shall comment on the affidavits, I have already introduced the documents themselves following the taking of evidence; and the exhibit numbers were agreed on with the general secretary.
On page 1 is document 10. It deals with statistics of the Party. It is an excerpt from an issue of "Der Hoheitstraeger". The significance is to indicate how many people were affected by the proceeding. If you will look at page 1 of the year 1935, the number of officers for Block, Zelle, Ortsgruppe and Gau is given as approximately 600,000. If you will look at page 2, in the lower half of page 2, is the leadership of the organization for the year '35, in order to give the figures. They are in the women's organizations about 50,000; in the Student Associations, 1,600; DAF and so forth 800,000; and the Office of Public Welfare and NSV 300,000. I am only giving round figures And the Reichs Food Estate about 100,000. Office of War Victims, 84,000. The offices altogether, 1,475,000. If the 600,000 of before are added, it reaches a figure of over 2,000,000/
THE PRESIDENT: Are these figures, figures of persons who were political leaders within the definition ?
DR. SERVATIUS: Yes, Mr. President.
THE PRESIDENT: Well, either the Gauleiters or the Kreisleiter -
DR. SERVATIUS: May I explain it briefly ? One must make the distinction between the real political leaders who directed the political machinery from the Gau to the Blockleiter, and aside from them, the large number of people who were employed in the Labor Front, NSV, and such other organization who were also called political leaders. This is clear when the witness Hupfauer was examined here. He said that in his organization which had 20,000,000 members. This organization was directed by political leaders. are all included in the "Corps of Political Leaders." The prosecution apparently -- the indictment apparently only meant these who actually directed the political offices from the Gau to the Block; but they are all included In the word.
That is why I have given these figures.
THE PRESIDENT: What have we get to do with any of those ? From the Gau to Block Leiters, the rest of them are rank and file as far as the Tribunal is concerned.
DR. SERVATIUS: Mr. President, they are included in the Corps of Political Leaders. The indictment included them, it did not make an exception of them. It is of significance because from these organizations, in the technical -
THE PRESIDENT: It doesn't say specifically from the Gauleiter to the Blockleiter, is timply says "political leaders".
DR. SERVATIUS: It is later defined, but at first in the introduction the whole Corps of Political Leaders is mentioned. If the Prosecutor would clarify that, the number would be considerably reduced. I only wanted to point out this statistical material.
THE PRESIDENT: Well, where was it that the indictment was confined to the Gauleiters and the Blockleiters.
DR. SERVATIUS: In the Trial Brief. The offices are listed in detail, but it is never said that the others are omitted.
THE PRESIDENT: As I understand what you say, that the indictment charge the political leaders in that corps. There are persons who were political leaders, but who are not included in the Gauleiter down to the Blockleiters. At a later stage in the Trial Briefs, the Prosecution limits their implications for criminal declaration to one Gauleiters down to the Blockleiters as was the original scope of the indictment.
DR. SERVATIUS: Mr. President, I understood that you mean that the staff of the Ortsgruppenleiter and the Block and Zelle assistants were not omitted ? Then the mass still remains.
THE PRESIDENT: The Block and Zelleleiters were not omitted, you see.
DR. SERVATIUS: No, the assistants of the Block and Zelleleiters, their staffs, and the staff of the Ortsgruppenleiters.
THE PRESIDENT: That is what I said, that the original indictment included the whole Corps of Political Leaders, and those were limited to include only those from the Gauleiter down to the Blockleiters,
THE PRESIDENT: Those numbers would have to be deducted from the numbers that are here?
COL. FRIFFITH JONES: Those numbers would have to be deducted. The Prosecution has not included the number that Dr. Servatius has given the Tribunal now. From that you have to deduct the complete staff of all the Ortsgruppenleiters, which forms a very large part of the total given you. Speaking from memory, the total, if you exclude that, was in the region of 600,000.
THE PRESIDENT: Perhaps you could give us the figures in writing, or perhaps you can state them now, because if there are 2,000,000 here, how many staff officers of the Ortsgruppenleiters are there, according to you?
COL. GRIFFITH JONES: My Lord, I will be able to tell the Tribunal within a quarter of an hour, if I might just send for the figures. I am afraid that I can not carry them in memory. I will get them, and I will let the Tribunal know.
THE PRESIDENT: Very well.
DR. SERVATIUS: May I comment on that question? It is true that the staffs of the Ortsgruppenleiters were omitted. According to my calculations, they amount to about 1,000,000, but the number is increased by the fact that one and a half times, on an average, in the course of these years a turnover took place, so that one gets one and a half times the figures, and it is still a number amounting to millions. These Ortsgruppenleiters and these offices are not given according to the number of persons but as offices, so that the deputies and successors are not included. Only a state official can discuss this question in detail, but I do not believe that it is important to figure it out in detail but to get a general impression that there are actually millions involved.
Then I go on to page four. This is also an excerpt from "Der Hoheitstraeger". Unfortunately, it can not be seen from the document that this is another issue, from the year 1937, Second Series. Here one can see the percentages of Blockleiters, Reichsleiters, and Gauleiters. The majority -- over 50 per cent are Block Leiters and Zellenleiters. These are included in the Indictment.
Their assistants were not included. The care of the political leaders are the Kreis and Gauleiters, who amount to 1.3 per cent.
The figures under (5) and (6) are also significant. The departmental offices were 27.8 and the internal Party offices, administration, 16.3 percent political leaders of the professional league -- the DAF, the NSD -- but they are by no means all political leaders of these formations who were at the same time on the staffs of the Gau, Kreis and Ortsgruppen. Only a very few of the is each Gau, perhaps one or two, in the Kreis a few; perhaps with the Ortgruppen, so that it remains a fairly small number. The majority of these exports are in their own formations, of course.
Then I go on to page 5. That is document number 12. It is significant in regard to the term "Corps of Political Lenders". Whether such a corps existed or can now be formed is doubtful. Here it says that a political organization is forbidden and expressly prohibited. It is an order of Hess, issued in the year 1935, with the legal explanation that there can not be such a special organization.
Then I come to document number 13. This is significant for the following reason: One does not become a political leader by being given a position, but by special appointment. That is stated here. Since this appointment as Hoheitstraeger must be made by a special act, whoever is not appointed is not a Hoheitstraeger and does not belong to the Corps of Political Leaders. war -- all those who hold lower offices in an honorary capacity. service and that it is not a private appointment to an office. DAF are also political leaders of the Party. Thus, according to the concept of the Indictment, they belong to the Corps of Political Leaders, if they are not excluded.
traeger to Kreisleiter, and shows that the Ortsgruppenleiter and below are treated differently in regard to appointment. Hitler himself appointed the Gauleiters, the adjutants, the Gauamtsleiters, and Kreisleiters. That is significant in the judgment of these persons. concept of "political leader". It mentions the awarding of this title to mot vehicle drivers, telephone operators, caretakers of buildings, orderlies. It is said that they should be made political leaders in the organization, but not in the political department between Gau and Ortsgruppenleiters. are suspended until further notice. It is from the year 1944. The consequence would be that those who received an office after August 1944 Were not made Political Leaders. In part, this was so before this time.
The word "Hoheitsgraeger" is of great importance. The Prosecution has placed great weight on it, and the small functionaries -- the Zellenleiters and the Blockleiters -- were not emitted from the trial because they are Hoheitstraeger. Hoheitstraeger are only Gauleiters, Kreisleiters and Orts gruppenleiters. It is not expressly said, but it can be concluded from the text. closes the circle of Hoheitstraeger with the Ortsgruppenleiters, omitting the small functionaries in the employment of this term.
The next document is number 21 on page 15. It also limits the term to Gauleiters, Kreisleiters, and Ortsgruppenleiters. are clearly determined. It is the book "The Administration of the National Socialist German Labor Party", 1940, published by a Dr. Lingg. It says:
"For the execution of its task the Party is divided into four areas of authority: Reich, Gau, Kreis, and Ortsgruppe. At the top of each of these areas of authority is placed the Party dignitary:
the Fuehrer, the Gauleiter, the Kreisleiter, the Ortsgruppenleiter." the same effect which defines the tern "Hoheitstraeger."
Document 4, page 18, is also to the same effect. It is an order of raids. The competent Hoheitstraeger, Gauleiters, Kreisleiters and Ortsgruppenleiters are permitted to enter. Where something happens in the area of the Blockleiter of Zellenleiter, he is not admitted, because he is not a Hoheitstraeger.
Document No. 25, on Page 21 is an excerpt from "Der Hoheitstraeger." It deals with confidential information and tells how far this information may he passed.
Defendant's Document 9 on Page 23, is a decree of the Reich Finance Minister concerning the granting of marriage loans. The document is of importance because it states "In the cases of applications for the granting of marriage loans, the collecting of information about political reliability is necessary only in cases where justifiable doubts exist concerning the political reliability of the applicant. The Blockleiter and Zellenleiter must prove his political reliability. He cannot be a Hoheitstraeger in the true sense of the word.
Now I come to another subject, Document 26, Page 26. The question is to what extent SA and SS are subordinate to political leaders. It says there is no such relation either for the SA, SS, Hitler Youth or NSKK.
Document 27 is to the same effect. It confirms that the leaders of the SA Gruppen or Brigaden were not under the orders of the Gauleiter. how propaganda should be spread.
The next document is No. 29. This refers to the connection between the party and the state, interference of the party in state rights. It is an instruction which says "Keep away from measures which to enforce is the state's responsibility. In calling upon state organs, it is to be carefully considered whether an interference is justified."
Document 30 is on page 31. It is a decree of Hess as to the attitude of a National-Socialist, he should endeavor to bring about confidence and willingness to co-operate. position or membership in a party office for personal ends. punishable acts committed by party members which resides with the State's Attorney and/or the Reich Minister of Justice.
The next document is No.33 It is an order of Hess from the year 1935. It refers to political evaluation from the Kreisleiter up. I should like to call special attention to this because I consider it a significant indication of the higher party leader.
It is a characteristic which must lead to another judgment.
Document 34 was issued by Hess in October, 1936. "Never, even when taking care of the least important Volksgenossen and their families, should Zellenleiters and Blockleiters become obnoxious, and their duty should never degenerate into prying and spying on them, which would arouse not confidence, but distrust."
The next document, No.35, is an order of 1937. It says that investigations and inquiries are in no way the task of the Party. These are up to the state agencies which were created to discover and eliminate these dangers. to instigate investigations and proceedings in matters which are the concern of the Gestapo. The German Civil Service law is quoted here. "Paragraph 3. (2) A civil servant has to act in the interest of the National Socialist State at any time and unreservedly. All circumstances which may endanger the interests of the Reich or of the NSDAP, even if not discovered in the course of official duties, should be brought to the attention of his superior in office."
Document 38 is on page 39. It is a separation between the two departments. The following documents deal with the conspiracy against peace. Document 39 is on page 41. It is an excerpt from the commentary on the party program by Gottfried Feder. It is an influential commentary from the year 1934. It says "We declare, that however, we do not contemplate to force by violence the reunion with Germans, living outside of Germany under Danish, Polish, Czech, Italian or French authority." I will skip a sentence. "That demand lacks the presence of any imperialistic tendency. It is the plain and natural demand made and recognized by every virile nation as a matter of course."
Document 40 is on page 42. It is an excerpt from "Journal of Instructions of the Reichsleadership of the NSDAP, 1933-1935. "In some sectors of foreign countries, the anti-German propaganda has recently used a new, untrue assertion, that the NSDAP is contemplating to annex in the longrun, parts of Switzerland, Holland, Belgium, Denmark etc.
"Though that supposition is utterly ludicrous, nevertheless it is relieved here and there. The Reichsleadership, therefore, desires together that no serious person in Germany thinks of even touching the independence of other states."
"Document 41 is on page 43. Again, this is an order of Hess. It is one year later, October, 1934. It says "Above all, expressions must be avoided, by which either nations and states might feel insulted or despise through the German nation and its Fuehrer's desire to live in peace and mutual respect with them." to the Party, That is Document 42. It refers to the biggest speeches of Hitler who wishes for a peaceful settlement of all unsettled questions. Foreign statements are considered malicious inventions.
The next document, 43, is again by Hess in January, 1937. It refers to the armament. The purpose was to protect Germany against arbitrary measures from abroad. works against conspiracy. The well-known secrecy order which was issued for the Wehrmacht and for the Party was that no office and no officer must have more knowledge of a matter which is to be kept secret than is absolutely necessary for the execution of their task. and every worker..
Document 46 deals with the question of the press. It regards secrecy to the extent that it says articles must be discussed with the Reich Press Agency.
Document 49 is on Page 49. Here it is ordered that discussion on the military situation are prohibited and a case is quoted where a Blockleiter spread his information.
Document 48 is on page 50. This document deals with the law concerning the interrogation of members of the NSDAP and its formations. Secrecy again is emphasized.
Document 49 is on page 53. This confidential information of the party. It includes preparatory measures for the final solution of the Jewish question in Europe, rumors concerning conditions of the Jews in the East.
The following is said here, "In order to be able to oppose the formation of any kind of rumors in this connection, which often have a distinctly marked tendency, the following statements on the present state of affairs are made:"
On the next page a statement is made of what is intended. First, to force the Jews out of the individual fields of life of the German people. Second, the effort to expel the enemy completely from the Reich territory.
The next document is No.50. It deals with the idea of conspiracy. Here the well known Fuehrer principle is shown.
LT. COL. GRIFFITH JONES: I am sorry to interrupt, but before Dr. Servatius leaves that document, I wish to say something. The Prosecution attached considerable importance to document in the book. It is on page 54. Part way down in paragraph two, it says the elimination of the Jews is no longer possible by emigration. I particularly draw the attention of the Tribunal to the last sentence on the following page which is in "It is in the nature of the matter that these partly very difficult problems will in the interest of the final protection of our people only be solved with ruthless severity." the "Remarks" column "Open only for G. and K." Dr. Servatius will correct me if I am wrong. I presume that means for Gau and Kreis.
DR. SERVATIUS: I assume that the note "Open only for G. and K." means what the Prosecutor has said, Gau and Kreis, but now I should lake to read the whole document since only then can the complete sense be shown. If it is said that there is no longer any possibility for emigration, the document shows that a settlement area in the East is to be created.
of removal should be carried out with ruthless severity. that they are to be exterminated. is the correct interpretation of the meaning. Fuehrer was entirely in charge; that measures which seemed peculiar to every German, the giving up of southern Tyrol were permitted as no objection was permissable.
Document 51 on page 57 is to the same effect. It is a cirdular issued by the Party Chancellery of November 1942. It states that there can be "only one binding party opinion" and refers to the earlier decree.
Document 52 on page 58 is to be understood in the same sense. It states that the Hoheitsraeger are to act in accordance with the directives received from the Fuehrer.
Document 53 on page 60 deals with the position of Bormann. It is stated here and I quote:
"For years the Fuehrer has customarily empowered the Reichsleiter Martin Bormann with current special commissions of the most different kinds which do not fall into the regular field of Reichsleiter martin Bormann's activities in his capacity of Chief of the Party Chancellery but which concern affairs outside of the Party's framework in regard to which instructions and opinions of the Fuehrer have to be transmitted in the Fuehrer's name to various leading personalities of the state and governmental agencies." capacity as secretary of the Fuehrer, for example the subject of euthansia. as to differences of opinion among the leading Party members, as to the formation of cliques, if such, and how they are to be prevented. explains the next document. This explains document 56, wherein the Hoheitstraegers are classified but in a somewhat different way since they do not have any territory of their own and they are only given the rank of deputy Gauleiter.
It is the same with the Kreisleiter. Ortsgruppen and Stuetzpunkleiter. socialism is no export commodity. It says that it cannot be a task that it be transmitted to foreign nations indiscriminately. the year 1942. It says the following:
"Any communications of members of offices of the movement here or abroad with political or allegedly non-political groups of other states is determined exclusive by the relation of those groups to their own governments with whom the German Reich entertains friendlt relations. Any communication with such groups has to be discontinued without any exception if they do not support their official government or even cause it difficulties. This is also valid when these groups call themselves National Socialist or Fascist." 4 November, 1942 by Hitler. It says the following; that the bringing together of peoples demands factual consideration of their natural qualities.
"The NSDAP and its organization, therefore, have not to fulfill any European or world-wide missionary task."
THE PRESIDENT: perhaps that would be a good time to break off.
(A recess was taken.)
THE PRESIDENT : Dr. Servatius, the Tribunal appreciates the way in which you are dealing with these documents; but, at the same time, aren't you going ever some ground which you will have to cover in your final speech?
DR. SERVATIUS : Its, Mr. President; but in my final summation I shall not touch upon these questions, for first of all they have to be submitted and it has seemed to be very useful.
THE PRESIDENT : So far as the formal submission or offering of evidence is concerned, that can be done more shortly If you are going to deal with the substance of the documents in your final speech, it isn't necessary to take up time and give us the substance of the document when you offer them in evidence. If you are going to deal adequately with it subsequently for your own purposes in your final speech, it means that you will do it twice ever.
DR. SERVATIUS : Yes, Mr. President, The same questions will reappear once more with the affidavit that I am going to present when I complete them as the discussion of these matters, for in my final summation I am to be very brief and refer only to them with a certain few words.
THE PRESIDENT : I expect you to offer the documents now in evidence without dealing with the substance of them and then to deal with the substance in your final speech.
DR. SERVATIUS : Mr. President, in my final summation speech, it has been completed already and these matters are very brief. Considering the fact that I would perhaps be able to submit the material now in the beginning, I hold a different view at that time when it was established that the documents were to be introduced; and to refer to them in the final summation, in that case my final summation would have been built up in a different way from the way in which I developed it now.
THE PRESIDENT : You will try to help the Tribunal, am sure, by being as short as you can.
DR. SERVATIUS : Yes indeed. Document Book Number 2, begins with Document Number 68 and concerns itself first of all with the question of coercion to assume an office. First of all, there is a complete directive, with which every member of the party is compelled to collaborate. question, and Document No. 62 has again confirmed the fact that in the profession activity you are obligated to work for the Party and in the main members of the Party who without giving sufficient reason, refuse to take party office in that way are acting contrary to the interests of the party and are to be punished by prosecution in court. consolidation of state and Party, this refusal will be punished by the state. In paragraph 5 it says in addition to the regular punishment arrest may be made and applied. Here physical coercion in the form of arrest begins. tion of the party to be public law. This is Document No. 63. On page 77 the practical conclusion is drawn, that whoever acts contrary to the best of these endeavors can be expelled from the party for lack of interest place where someone did not wish to take over an office. In Page 82, dismissal has been mentioned, There was an appeal in this matter. Document 64 contains a judgment of the highest party court where someone was expelled from the party for he deliberately carried his office through poorly in order that he would be dismissed from his post.
Of special significance is Document 65. There it is expulsion from the Party as the highest punishment; and it says, "The Reichsleiter Buch has repeatedly emphasized that among certain circumstances this means the loss of all means of existence and of prestige"; and especially everyone knows that a certain, definite punishment of a certain duration will come to an end; but that also means that he will be an outcast, together with his work, together with his family, and that he can no longer work.
In Document No. 66 conclusions are drawn for officials who were expelled. Their appointments can be nullified. Then there are several documents dealing with the coercion exerted on officials and employees. This document is 67, which is given by the Bavarian State Government, saying what will happen in case a person refuses an office.
Document No. 68 is a copy of a directive given out by the Ministry of the Interior: and this follows the same line as approval, Where he was active and what he did for the party and how he was active politically. State Ministry for Education and Culture, dealing with upper Franconia and middle Franconia, teachers here to be mentioned by name whose conduct is unpleasant. a collaboration and work in the party. Document No. 71 deals with officials; and it says that they can no longer remain an official after they have left the Party. The least that the official can count on is that his promotion will not be carried through, and it states that he be notified about the decision of the exclusion from the party.
Then Document No. 72 deals with professional coordination Were it Is emphasized that the chief offices are subordinate to the functionary of the party. Document 73 segregates certain officials who deal with the party treasury.
Document 74 again shows the segregated development of the finance system from the regular political system. finance and political finance administration, and the dismissal of finance exports from the staff of the Gau leadership. In Document 75 it sets down that the treasurers of the party are round follow the instructions of the Gau treasurer and are only responsible to him.
Document No. 76 deals with offenses involving Party property. Document No. 77 shows the organization of the various offices in the staff. Here the political leadership, administration and party courts are separated according to this document. Document No. 78 again deals with the separation of the Gau treasury leaders. Document No. 79 again deals with the topic of the organization within the staff in the various spheres of responsibility. proceedings. Document 81 is of significance in so far as the party courts are put outside the party organization and are independent due to the fact that the party judges are not political leaders. Document 82 deals with the position of the party court and judge. It says here that he is only subordinate to the Fuehrer and his in therefore not a political leader. First of all, we find the commentary given by Feder with reference to the party's program. There as far as cultural policies are concerned, it is stated that attacks on Christianity are to be avoid because they are to be considered blunt and tactless; and at the end it is emphasized that the party is holding its stand on the basis of Christianity.
tail as a party commentary It emphasizes how the attitude is to be taken towards church matters, practically under points 27 and 20, "full religious liberty and freedom of conscience, special protection of the Christian confession, the elimination of theological documents which would be contrary to the German moral and so forth.
In document 85 the Party turns against the so-called "Votan Kult" and turns it down. of opinion of the church, and it specifically says that any political or police interference is to be dispensed with. This is a document dating back to the year 1933. Bishop Mueller. This is a directive of Hess dating back to the year 1953, according to which freedom of conscience is advocated. opposed to interference in Church matters. It states that they are to stay out of these church problems and that no isolated actions are to be taken against churches. the year 1937. It states that all denominations are to be treated alike, and it decrees that the Party will remain aloof from all denominational groups. It rejects certain creeds, Deutsche Glaubensbewegung, and Deutsche Gotterkenntnis (Haus Luddendorf). against the attempt to bring about a substitute for religious services by means of certain celebrations of their own. who assumes a church office cannot be called to account for his actions, but rather, he has to be left alone and unmolested. individual may not be stopped in any way, but that only in a body can church questions be dealt with. Then We come to the treatment of theology students and that any polemic on church problems is to be avoided in line with the Labor Service.
Document 93 deals with the book "The Myth". There was no special stigma attached to it.
Document 94 deals with the lynching problem. Here the Japanese measures are referred to where fliers were sentenced to death -- that is, fliers who had carried out bombings there. The fact is rejected that a similar trend of thought would apply in Germany.
This is the year 1942.
Document 95 deals with the treatment of prisoners of war. It states that they were to receive sufficient food and that their treatment would have to be severe but not brutal, that it would have to be just and decent. Germany. This is a circular, which was given out by the Reich Party Leadership to those various offices. It says that they were to be fed properly, would have to be treated properly, and that they could not be confused with prisoners of war. and it deals with the problem or whether their own clergymen could be used. pregnancies of female Eastern workers. This is confidential information given out by the Party Chancellery, and it states that only with the approval of the worker employed may an interruption of pregnancy like that be carried out; that is, only at the express wish of the pregnant woman may the pregnancy be interrupted.
Document 99 deals with custody. There must be conformity with the general interest, and it is to be considered only in the severest cases. This is a circular addressed to the Kreisleiters. families, and the prisoners themselves, after their release. The curious fact is shown here that the families of the political prisoners who are in the concentration camps are taken care of as far as their economic needs are concerned, as well as their political needs. Then, after their return, the economic care of the inmates released from concentration camps is a matter that has to be taken care of. that terror actions against Jews are to be avoided as provocations for matters like this being used abroad raid having to be called lies. stressed those matters in connection with trade unions. applications have been granted me.