would also involve these men who were not in the least concerned with the spirit of the National Socialist Party, and many of whom were to act as a brake against the extremists of the movement. to the SA of the Stahlhelm according to orders in 1933 and 1934. The original so-called Tradition-SA had had only 300,000 members as this was stated some time ago. The Stahlhelm, on the other hand comprised more than one million members who distinguished themselves considerably from the SA men of the fighting period both as regards their general attitude and their conception of life. moved to except among others the SA reserve from the declaration of criminality.
By an order of the supreme leadership (Hitler) dated November 6, 1933, the SA-Reserve 1 was formed from members of the Stahlhelm between 36 to 45 years of age. The SA-Reserve was subsequently placed under the command of SA-Gruppenfuehrer in accordance with a directive issued by the same authority on January 25, 1934. It was transferred to the SA under the designation SAReserve No. 1 (Exhibits No. 13 and 17 of the Document Book Stahlhelm-SA). Part of the SA-Reserve 1 was maintained up to the end of the war and has thus been excluded from the declaration of criminality. A further part of this SA-Reserve No. 1, was attached in the shape of small reserve groups to active SA-Stuerme in the course of the last few years. The remainder was gradually incorporated in the active SA after 1934. Such re-groupings were carried through either in accordance with lists or under specially issued orders. The reason for these transfers were partly due to technical considerations, like local re-groupings; above all during the war, when SA-Stuerme shrank as a consequence of inductions of their members into the Armed Forces. In many cases these re-groupings were also made in order to improve control with the SA.
It would thus be unfair and incomprehensible to give this latter group a different treatment than the former, make coincidence the judge over the fate of the members if the Stahlhelm who remained in the SA up to the end of the war. ler in 1933-1934 were transferred to the SA cumulatively. For that reason alone and according to the decision of the Tribunal on the 13th of March, 1946, under 6-a 2, and 6-b, they cannot be declared criminal. With reference to this I draw your attention to the plea of my colleague Attorney Klefisch on the 15th of August, 1946. ization involuntarily belonged to the circle of guiltless followers and that it is to be assumed of them that they did not desire to support the aims and activities of the organization. The accusation of guilt cannot apply to them, therefore, even if an early resignation of their membership had been possible for them.
The above-mentioned transfer took place as follows: On the 27th of April, 1933, the entire Stahlhelm was placed under Hitler's orders by the leader of the organization, Seldte. On the 21st of June, 1933, the Jungstahlhelm and on the 4th of July, 1933, the entire Stahlhelm was subordinated to the Supreme Command of the SA by order of Hitler. According to the decree of the 4th of July, 1933, the Jungstahlhelm and the Sports Units, later called Wehrstahlhelm, i.e., Stahlhelm members up to the age of 35 years, were included in the active SA (Exhibits 1, 6, 7). The transfer of the original Stahlhelm, i.e., members of the ages of 36 to 45 years, took place as I have mentioned on the 25th of January, 1934. This transfer and inclusion both in the case of the Wehrstahlhelm as the original Stahlhelm took place without the members's being asked partly through accouncing the orders on parade, partly by handing over nominal roles and partly by delivery of pre-dated membership books of the SA. This is proved by the affidavits which I have presented and the testimony of Von Waldenfols, Hauffe, and Gruss.
The instructions issued by Hitler of the the 1st of December, 1933, (the law regarding the uniformity of the State and the Party) are without doubt to be regarded as lawful instructions. The proceeding orders and instructions in practice have a similar character and were sanctioned by law of the 1st of December, 1933, as well as later instructions and executive orders.
The transfer of the Stahlhelm did not take place without friction. In the case of many members there was the picture of coercion. Large circles of the organization did not agree with the subordination of the Stahlhelm or the cooperation of the Stahlhelm in the seizure of power. Duesterberg objected particularly, who must be regarded as the head of the opposition to Seldte's policy. His arrest was the result of the attitude he adopted as well as were numerous arrests of Stahlhelm members carried out by the State Police in the spring of 1933, particularly in Brunswick. forced by organs of the State to do duty and were occasionally punished (Affidavit 1, 3, 2, and testimony Hauffe, V. Waldenfols.) through the influx of people with, the greatest variety of aims, so this also applies to the Stahlhelm because of the events of the year of 1933, which had such serious and dreadful consequences for the German people. The Stahlhelm disintegrated. For some of its members it had been of importance that at the time of the transfer they had been expressly assured of a certain amount of independence under their own leaders and with their existing uniforms, as well as further connection with the Stahlelmbund. This is shown by nearly all documents, affidavits and testimonies. When these assurances were not put into practice the resistance of the opposition group against Seldte increased. The national socialist leaders of the State considered this group to be politically unreliable and reactionary. particularly the newspaper reports which I have submitted which represent only a small portion of similar reports. Evidences: Exhibit 32, 33, 35, 36, 37, 38, 40, 48 51, 53, 54, 55; In the National Socialist paper "Rheinfront" the statement appeared on the 27th of July 1935 "in its innermost character the Stahlhelm was never National Socialist."
Another newspaper wrote on the 30th of July 1935, "with certainty the Stahlhelm could always be found wherever were the opponents of the movement." Another newspaper on the 8th of August 1935 described the Stahlhelm as the "boiling not of oppositional and reactionary forces". transferred to the SA retained their membership in the Stahlhelmbund or the later so-called NSDFB. According to the decrees of 14 July 1933 and 27 January 1934 (Exhibit Nos. 8 and 18) members, transferred to the SA, were expressly permitted this dual membership. Finally, I draw your attention to Exhibit No. 21. According to this the Press Department of the supreme SA command announces on the 25th of April 1934:
"That members of the former Stahlhelmbund, who have already been to be taken off the strength of SA-Reserce I." the SA, drawn together by common ideals, who regarded the events of the time with the greatest distrust.
Opposed to them there, was a group of Stahlhelm members and farmer Stahlhelm leaders, headed by Labor Minister Seldte, who affirmed the national revolution and who had furnished sixty high and higher SA leaders, but who nevertheless disallowed perpetrations and excesses in the severest possible manner. Two spokesmen of those two Stahlhelm groups have been heard before this Tribunal, namely, the witnesses Gruss and Juettner. One witness stood in the midst of the SA, the other was not an SA member. One member of the Stahlhelm affirms the SA which he knows intimately, the other, placed outside the SA, regards it with a negative attitude. The latter is the expoment of that section of the Stahlhelm which, until the end of the Third Reich had toyed with oppositional thoughts.
element of opposition to the so-called "Old Fighters " of the SA. The above mentioned affidavits, Exhibits and testimony are irrefutable proof of this. important points, differs from national socialism. Politically speaking majority of them disagreed with the totalitarian claims of any political party and the Fuehrer principle. As before, they remained in constant touch with their own Bund which, until its boin dissolved in 1935, continued to exist under the name of the NSDFB (Stahlhelm). Even after it was dissolved homogenous groups formed themselves who held together firmly and had meetings of comradeship all over Germany. In many of those groups the hope of a political reaction continued to live for a long time. particularly Marxists, joined the ranks of the Stahlhelm. So, for instance, the Stahlhelm at Brunswick joined the Reichsbanner (D-947). caused its being dissolved. adopted a negative attitude regarding the commission of crimes under Article 6. As ex-servicemen they disliked war, most of all, aggressive war. ation that it took place at a time when there were arguments with, and a weakening of, the SA, and at a time when the task of the SA connected with the seizure of power had already been completed, and not at a time when Hugenberg, Schacht and Hitler had formed the so-called Harzburg front. The completion of this transfer to the SA took place at a time when the SA was totally without significance. that based on coercion, i.e., an order, 500,000 members of the Wehrstahlhelm, and approximately 500,000 members of the Kernstahlhelm were transferred. There remained a further half million of Stahlhelm members over 45 years of age who did not reach the SA at all because an order for this transfer was lacking.
Only in very few districts were these older-age groups also transferred to the SA because of independent orders issued by subordinate SA agencies. the so-called NS Reiterkorps. In accordance with the definite results of the taking of evidence the NS-Reiterkorps possessed, during the period of its existence, far reaching organizational independence. The aims, purposes and activities of the NS-Reiterkorps were not political, but were limited to athletics with horses, the breeding of horses, and the care of horses. secution did not succeed in showing the participation of the NS-Reiterkorps in any crimes against peace or humanity. limit myself to summarizing the essential points before the Tribunal. power by the NSDAP does not concern the NS-Reiterkorps at all because it was created only after the seizure of power. The NS-Reiterlorps did not grow out of the storm troops of Adolf Hitler, but out of hundreds of so-called rural rider associations, which were popular throughout all Germany up to 1933 as entirely unpolitical athletics and breeding associations. When the rural rider associations were incorporated into the SA after the seizure of power in the course of the so-called "coordination", this was not done voluntarily. It was carried out in accordance with decrees of the authorities against the inner resistance of most members of these associations. That decree by the authorities resulted from negotiations between the Chief of the rural rider associations and the Chief of Staff of the SA, which took place upon request of the Reichsministry of the Interior in the summer of 1933. Those rider associations which resisted the decree were threatened by dissolution and if they actually did resist, were dissolved as a matter of fact. the associations obeyed the decree under the compulsion of circumstances. until the very end its independent character of an organization. The former rider associations which now called themselves SA rider storms formed jointly the NS-Reiterkorps, headed by the so-called Reichs Inspector fuer das Reit und Fahrwesen, Litzmann, in Berlin.
the taking of evidence has shown that it counted approzimately 200,000 members. Eighty to ninety per cent of them are farmers who held horses. After the seizure of power in many cities the riders clubs joined the NS-Reiterkorps, clubs which had up to then, led an entirely unpolitical existence devoted only to sports. and breeding tasks. Service consisted in riding and driving and the training in those fields of knowledge relating to horses. In the center of activities stood for the units in towns, the carrying through of hunting and of tournaments as they are staged by riders clubs everywhere in the world. As a rule riding was done not in uniform, but in civilian clothes. The wives and children of the members participated in it. In rural areas the activity limited itself mainly in training the farmers in regard to all problems important to the horse, as driving and the medical treatment of ill horses. Therefore, the members of the NS-Reiterkorps considered themselves everywhere in Germany first of all, as riders, and not as SA men. support. It did not spread political propaganda nor give any political training. It never was a political fighting group.
There were in the NS-Reiterkorps practically no "old fighters". Political fanatics and activists were not tolerated by eliminated. Decisive for the position of leaders and the promotion in the NS-Reiterkorps was not political activism but exclusively the capabilities as rider and the noble character. participated in any crimes against humanity. It did not have a share either in the excesses against churches, Jews, labor unions, foreign laborers, or prisoners of war. No, members of the NS-Reiterkorps have even in many cases, taken an active part in favor of those who were politically persecuted.
anti-Semitic attitude. In the country close business relations with the Jewish horse-traders existed for a long time after 1933. The NS-Riding-Corps was always religious-minded. It is a significant fact that the non-Aryan Fuldauer, as is shown by his affidavit (No. 20), was a co-founder of the NSRiding-Corps at Wiehl/Rhineland, and that he belonged to the Riding-Corps there for quite a long time after the seizure of power as a leading member. The Jewish direction of the firm Tietz in Cologne even granted prizes for SA-Riding-Tournaments to the NS-Riding-Corps in view of the existing good relations. haven for the politically persecuted in many areas of Germany. Numerous freemasons, non-Aryans were members of the NS-Riding-Corps, and tried to protect themselves by pointing out their membership in an NS-organization. Under these circumstances it is not surprising that the NSDAP, as has been shown by the presentation of evidence, regarded the NS-Riding-Corps with the utmost suspicion. Members of the NS-Riding-Corps were refused membership in the NSDAP because their activity in the NS-Riding-Corps did not give proof of their political reliability. Riding-Corps did not participate even in a crime against the peace. Riding-SA to secure riders from the new generation for the German armed forces. The Prosecution supports itself here above all on certain propaganda material which has appeared by an unknown author in the journal "Der SAFuehrer". All witnesses who have been heard with regard to the Riding Corps have testified that the contents of the editorials were in glaring contrast to the actual conditions. It has been repeatedly determined in the course of these proceedings that the party-leadership permitted itself to be directed solely by propagandistic viewpoints. The Prosecution has not succeeded in showing even one actual case where the NS-Riding-Corps in more than 10 years of its existence ever planned or carried out any activity, which can be considered as a preparation or support for an aggressive war.
of World War II, the well-known Lieutenant General Guderian, has taken an unequivocal stand on this question. I quote:
"No military collaboration existed between the German armed forces and the NS-Riding-Corps, neither in a tactical nor a strategical respect. The cavalry of the armed forces trained the next generation of riders itself and was not dependent on the collaboration of the NS-Riding-Corps. Relations to the NS-Riding-Corps in this direction were neither sought for nor engaged in by the armed forces.........." connection:
"Whereas in 1935 18 cavalryregiments were still in existence, only one cavalry brigade existed at the outbreak of war which later in the course of the war was increased to a cavalry division. The armored force had taken the place of the cavalry, already expressed by the fact that 40% of the armored officers came from former cavalry-regiments. In view of this development, an incorporation of units of the NS-Riding-Corps into the armed forces was not intended, not did it ever take place." tasks was practiced. At no time and in no part of Germany were cavalry maneuvers ever carried out by the Riding-Corps in the sense of the Cavalry of the armed forces. The activity was rather limited to the breeding of horses, important for the peasants, and the riding-sport which is practiced in all countries of the earth. Certificate. According to its text, the Riding-Certificate gave its owner the right to be allowed to serve with a mounted unit in the army. This Riding-Certificate, however, could be obtained by any sportsman, even if he was not a member of the NS-Riding Corps. This corresponded to the comprehensible wish of every passionate rider to be assigned to amounted unit in case he is conscripted for service in the army, just as an enthusiastic mountain-climber or ski-driver will give his first preference for his service in the army to the mountain-units. In practice, however, this wish was considered by the armed forces only on the rarest occasions because the armed forces, after all, were almost completely deactivating their cavalry since 1933.
Therefore, most of the holders of Riding Certificates were in reality assigned to infantry or motorized units at the time of their induction. sports-activity of members of the NS-Riding Corps, but obtaining the RidingBadge which was worn by every rider with pride. This badge has been submitted to the Tribunal in its original form and it probably is the only insignia of an NS-unit without the swastika.
The militaristic spirit was not nurtured in the NS-Riding Corps. The large mass of the NS-Riding Corps consisted of peasants. It is well-known that the peasant by nature is not a friend of war. The urban units of the RidingCorps engaged in close international relations with all countries practicing the riding-sport until the outbreak of war. of the NS-Riding Corps. At the outbreak of war general consternation reigned. Socialist Riders' Corps were of the opinion that the SA, to which the NSRiders' Corps was not attached until after 1933, had no criminal character. In so far as excesses occurred within the General SA, the members of the NSRiders' Corps must have perceived that these excesses by individuals were not in accordance with the program of the SA and they heard with satisfaction that the SA-Leadership disavowed these questions and tried to avoid repetitions. any kind of relationship with the NS-Riders' Corps. No member of the NSRiders' Corps played a leading political part during the National Socialist regime.
Justice demands the exeneration of the NS-Riders' Corps of the charges raised, for the mere reason that both of the other large sports organizations of the Party, the National Socialist Motor Corps and the National Socialist Flying Corps, were justly not indicted, because of their sporting aims. Thanks to the political influence of their leaders in particular the NS Motor Corps and the NS Flying Corps succeeded in achieving complete independence from the SA.
During the whole period of its existence the NS Riders' Corps also strove to obtain this complete independence, but attained it only in part. In its leadership it remained under the command of the SA. No complete independence was given to the NS Riders' Corps for the reason that the Party leadership did not consider it politically reliable A condemnation of the NS rider corps would, under these circumstances, seem to be a grave injustice, quite apart from the fact that the reproach of preparing for a modern war should rather apply to those who were trained in motor vehicle driving or airplane flying than to those who devoted themselves to horse driving and breeding.
aims than the SA riders is represented by so-called medical units. itself strongly felt. Legal compulsion means that, based on the provisions of a law there exist decrees or statutes making service in an organization, for instance in the SA, compulsory. It applies to the greater portion of the so-called SA doctors. This is seen from the affidavit of Dr. Carrie (Affidavit general SA No. 74). In his affidavit it is stated that when the doctors refused service in these units, they were dismissed from the municipal services.
Moreover, who can find anything criminal in their activity? Their task consisted in training for first aid in case of accidents, in installation of medical aid stations and in sanitary service in case of catastrophies, as well as attending sports events. mostly with the rank of Sturmbannfuehrer, or at least that of Obergruppenfuehrer. The doctors in the SA were, up to the Groups, activein all the offices of the SA in an honorary capacity. As time went on a ?"Sanitaetssturm was established in every SA "Standarte" which on the average comprised 100 members. general, continuously dispatched to the individual SA units. It was practically arranged for each unit to have about 4 - 5 SA medical men. The training of the SA medical men was conducted by physicians within the framework of the Geneva Convention. Part of the medical men were even trained directly by the Red Cross. The duties of the medical personnel corresponded to a large extent to the duties of the Red Cross.
The affidavit of Dr. Menge, Hanover, states that a great number of water-sport-classes were taken over by order of the SA naval-SA stormtroops.
These naval-SA-units differed from other SA units in that hardly an old fighter was found in their ranks.
They are altogether an organization set up after the year 1933. Their duty consists exclusively in a water-sport activity. The compulsory joining of the SA was also due for the frontier protecting units, as we can see from the collection of affidavits. Here we see that we are dealing with a part of the SA which belonged to it only formally and for other than usual reasons. I may underline that it was a matter of joining the frontier protecting units, set up in the fall of 1931 under Bruening and Severin, which was compulsorily incorporated into the SA in the fall of 1933. I may also point out that the duties of the so-called Reich Board of Guardians for Youth Educations founded in 1932 went over to the sphere of the SA. In this Reich Board of Guardians for Youth Education there was a Chief of the Training Section, who is also found in the SA. To his sphere belong the so-called AA tasks, the so-called frontier protection tasks. These AA- tasks are mentioned in a document of the Prosecution. Thus, absolute evidence is furnished of the incorporation of the frontier protecting stormtroops into the SA in 1933. the Supreme SA-Leader of 7 October 1933. It shows that the Reich Minister of the Interior decreed with Law Br. I. A 5400/26.9. of 3 October 1933 that the emergency engineer service of the Technical Emergency Servide was to be transferred to the SA. personnel for the SA Engineer Stormtroops. It is therefore natural for these units to be used in catastrophes as they came from the Technical emergency Service.
A predominant part of SA members who came to the SA after 1933, i.e., members of the upper classes of the secondary Schools, official candidates and also members from industrial works and craft-trades, went into the SA not of their own free will but by reason of orders, decrees and regulations. Not even the Prosecution's subtle but not pertinent interpretation of the indictment can change that. The students, for example, served with the SA University office after they had become members of the local SA stormtroops. All these people could not vote before 1933. The election of March 1933 determined their evolution.
They can, in no way, be made for this responsible. They were born into this time, they are the victims of this time. They are the victims of the election of March 1933, which was carried out by the older generation. They believed they served the State which was recognized by the International World. The greaterpart of these young men were at the front. A large part sacrificed health and life for the Third Reich, which demanded every thing of them. In the belief in their duty, in the belief that they were fulfilling their tasks, they marched out. Deceived and disappointed a part of them returned home after the World War. And now they must be stamped as criminals by the indictment against the Organizations. In my collection of documents I have submitted a large number of decrees and regulations which exhibit the principle for the entry of these young people into the Organizations. I need not enumerate them separately, they are known to the Tribunal. Should these people now be punished because they fulfilled the duties and obeyed the laws, regulations, and statutes which were imposed on them? From this youth which was absorbed in these organizations came the fighters against the Nationalist-Socialist state.
I willshow you an example: State. This youth was born at a time when the first World War inflicted its wounds upon the European countries. This youth suffered most from the consequences of the unfortunate development which shortsighted men created in Versailles. This youth suffered because of this problem which the bulk of the German Nationa, as well as the Supreme SA leadership, always wanted to solve by peaceful means. The witness Gisevius also recognized this clearly. He stated that in theyears until 1938 no other mood could prevail among the masses of SA than in the masses of the German people. And this mood undoubtedly was that the very thought of war was a piece of insanity. He also stated that the assumption that the SA participated in war crimes must likewise be denied.
This treaty of Versailles and the chief postwar events; the blockade of the Republic and its battles against Communism; the currency inflation, the ruin of the middle classes, unemployment, civil warfare, party armies, Parliamentary chaos, laid the foundation for the young generation and for its development.
of the young generation within such organizations who did not vote for Hitler in 1933.
1933 could not be demonstrated to the High Tribunal through statistics. These statistical data are lacking because of the absence of approved witnesses. However, I can give a rather accurate record of the formations to the Tribunal which is necessary so that it may have a clear picture of the SA. This record is covered by the summary of collective declarations in lieu of oath. The Stahlhelm (Steelhelmet) was incorporated upon order as follows : with the first batch came 550,000 " with the second batch came 450,000 " In line with orders the following were transferred: Rider's Country Clubs with 200,000 " Watersport clubs with 50,000 " Frontier guard units with 100,000 " Auxiliary Engineers' units of the technical Energency Service 50,000 " On orders were also added : Medical Aid Associations and other Red Cross Formations; On the strength of Government decrees : medical doctors were transferred to the SA Medical Aid Service 60,000 " Also on orders the Kyffhaeuser Society with 1,500,000 " Incorporated were university students and students of technical high schools, by virtue of legal decree 100,000 " Students of technical and secondary schools -by virtue of decree of 9 September 1933 - and Religious Youth Societies by virtue of order- joined SA with 150,000 " On orders Brigade Erhard was added with 150,000 " Aviation sports Society Oberland and Frontbann 200,000 " Incorporated were civil servants, primarily men of the rising generation, by virtue of Government decree with 200,000 " The Honorary Leaders and Z.V. Leaders (leaders for emergency class) of SA 20,000 " Additional increases to SA 420,000 Of the 420,000 men 200,000 came from organizations of the Left parties, e.g. Red Front and Reichsbanner.
This brings the total membership up to 4,500,000 were as follows: Kyffhaeuser Society 1,500,000 " NSKK (National Socialist Motor Corps) 450,000 " SS 250,000 " Political Leaders 150,000 " From 1934 until the time when the number of the members had reached 1 1/2 millions there resigned : War casualties and disabled men 350,000 " As a consequences of legal proceedings 40,000 " By transfer to other organizations 260,000 " Thus number of members reached 1,500,000 " Within the next few years a great change in membership took place. Part of the members dropped out by death and illness. These were replaced by the rising generation. They came mostly from the Reich-Finance-School (14 schools) with about 50,000 members, as well as from students and newcomers among the officials, who were legally bound to serve in an organization, from the Hitler Youth, whence they were transferred to the SA. The conclusion of evidence of 13 March 1946, Paragraph 6 A, Figure 2, enphasizes that it would be of importance whether the membership of the SA was generally a voluntary one or a result of a legal decree. The tenor of the speech proves clearly that there could not be a question of a volun tary membership of the SA in general, but that it is mostly a membership the basis of an order or under legal pressure.
The bulk of the masses were thus incorporated, as such on the basis of administrative decrees or on Hitler's orders, which according to the law concerning the unity of State and Party are legal decrees or have legal * racter. A condemnation therefore of them as a collective organization is not possible, as there is the lack of a uniform aim. was a National Police state. From the affidavits of many convicted member of the Stahlhelm, it can be seen that the attempts to resign from the SA were already, in 1933 and 1934, considered by the States Agencies as the expression of an anti-national attitude, unless the resignation was expl ned by very weighty reasons such as grave illness. Only health reasons were recognized. In this connection the decree SA 222 of the Reich and Prussian Minister of the Interior is characteristic, in which it says : "In every case an investigation is to be made as to the reasons for the resignation of the official from the party. If he did this because he disapproved of the program or the political tendency, he could not rema an official. But even if this supposition is not realized, the resignat of an employee from the Party can, on account of the close relationship between Party and State, lead to the conclusion that the employee lack the close alliance with the National-Socialist State or the necessary willingness for sacrifice."
is impossible for one to leave the SA after having been sworn in on the Fuehrer as one would any other association, and only s physical disability or another employment would permit one to resign from the SA. Other reasons nl leaves the one possibility: exclusion. The circular decree of the Reich and Prussian Ministry of the Interior admist in theory, although the exclusion from the Party and its organizations is designated as a severe punishment, the the possibility that the man in question, with his wife and children, might be deprived of work and broad. That this regulation has already been effectively practiced before appears from a judgment of the provincial labor tribunal, of Bielefeld to the effect that in case of exclusion from the SA, the employer was not authorized to continue to give work. (SA-Document 220). It is not surprising that in the National Socialist State regulations were carried out before they were put into force. the decree of 28 February 1939:
"This sort of legal new order corresponds to the principles of National Socialist State leadership. It is not like the procedure of the system state which first issued high-sounding laws, but could not execute them because the presuppositions hereto were lacking; aside from the fact that the government organs were too weak to do so. But the government of the Third Reich first created the positive necessary circumstances for the execution of a government measure and then issues the corresponding law". the testimony of the witness Hauffe, v. Valdenfels, as well as the affidavits of the SA Nos. 61 and 81 which, stress the impossibility of leaving. exclusion. The consequences of this exclusion were, in addition to an automatic police supervision; endangering or losing one's economic position or profession, especially in the case of officials and employees, or the economic boycott and the danger of imprisonment on account of political unreliability. So-called political reliability was the indespensable assumtion for every profession which was obtainable only within the organization and from which the administration was not inclined to depart with regard to alleged or actually existing professional confirmation or family relations.
Political reliability was demanded by the Third Reich. Therefore, it demanded by regulations, serv. in the organization. If one excluded oneself, then it meant that which was written in the affidavit No. 81:
"It was know in wide circles that a refusal to obey regulations of the state and of the Party led to the supervision of one's activity since it meant excluding oneself from the service for the racial community. as criminal aims, methods and activities of any kind were unknown. This appear clearly from the collection of 17,089 deposition in lieu of oath. Moreover the retaining of membership by enrolled persons on the basis of an order or legal coercion cannot constitute a legal charge if their compulsory enrolment has been proved. To summarize finally once more, I can say 1. It has been proved that when illegal actions occurred, these acts cannot be charged therewith;2. that the SA Leadership did neither order nor suffer these viola tions, and, therefore is not guilty;3. that these excesses are in way to be traced back to a criminal leadership, should not be declared criminal an account of those violations by individual members of the organization, after it has been established that the leadership at no time aimed at criminal actions, and the bulk of the members of the organization never committed criminal acts.