3. CONSOLIDATION OF TOTALITARIAN POLITICAL CONTROL

Between the Accession to Power (early 1933) and the Outbreak of the War (late 1939) the nazi Conspirators Consolidated Their Control of Germany by Utilizing and Molding Its Political Machinery to Their Own Ends.

A. The Nazi conspirators reduced the Reichstag to an impotent body of their own appointees. Under the Weimar Constitution of the German Reich, adopted by the German people on 11 August 1919, the Reichstag was a representative parliamentary body with broad legislative powers. Article 20 provided that the Reichstag should be "composed of the delegates of the German people." Article 68 of the Chapter on Legislation provided that:

"Bills are introduced by the government of the Reich or by members of the Reichstag. Reich laws shall be enacted by the Reichstag." (2050-PS)

In Mein Kampf Hitler stated the conspirators' purpose to undermine the Reichstag:

"Our young movement in essence and structure is anti-parliamentarian, I. e., it rejects majority voting as a matter of principle as well as in its own organization * * * Its participation in the activities of a parliament has only the purpose to contribute to its destruction, to the elimination of an institution which we consider as one of the gravest symptoms of decay of mankind * * *" (2883-PS).

With the passage of the law for the Protection of the People and the Reich (also known as the Enabling Act) the Nazi succeeded, in effect, in depriving the Reichstag of its legislative functions. The legislative as well as the executive powers of the government were concentrated in Hitler and the Cabinet (2001-PS; the legislative activities of the Cabinet (Reichsregierung) and its power to contravene constitutional limitations are treated in Section 3 of Chapter XV).

During the period from March 1933 until the beginning of 1937, the Reichstag enacted only four laws: the Reconstruction Law of 30 January 1934 and the three Nurnberg laws of 15 September 1935. The Reichstag was retained chiefly as a sounding board for Hitler's speeches. All other legislation was enacted by the Cabinet, by the Cabinet ministers, or by decree of the Fuehrer (2481-PS). Hess has admitted the lack of importance of the Reichstag in the legislative process after 1933. (2426-PS)

Hitler indicated in a 1939 decree that the Reichstag would be permitted to enact only such laws as he, in his own judgment, might deem appropriate for Reichstag legislation. (2018-PS)

Immediately after the Nazis acquired the control of the central government they proceeded systematically to eliminate their opponents. First they forced all other political parties to dissolve, and on 14 July 1933 issued a decree making illegal the existence of any political party except the Nazi Party. (1388-PS)

In early 1935 there were 661 delegates in the Reichstag. Of this number 641 were officially registered as Nazi party members and the remaining 20 were classified as "guests" (Gaeste). (2348-PS; 2380-PS)

B. The Nazi conspirators curtailed the freedom of popular elections throughout Germany. Under the Weimar Republic there existed constitutional and legislative guarantees of free popular elections. The Weimar Constitution guaranteed the universal, equal and secret ballot and proportional representation. (2050-PS) These general principles were implemented by the provisions of the Reich Election Law of 1924, particularly with respect to the multiple party system and the functioning of proportional representation. (2382-PS)

In Mein Kampf Hitler stated the conspirators' purpose to subvert the system of popular election:

"Majority can never replace men. * * * The political understanding of the masses is not sufficiently developed to produce independently specific political convictions and to select persons to represent them." (2883-PS)

The occasional national elections after 1933 were formalities devoid of freedom of choice. Bona fide elections could not take place under the Nazi system. The basic ideological doctrine of the Fuehrerprinzip (leadership Principle) dictated that all subordinates must be appointed by their superiors in the governmental hierarchy. In order to insure the practical application of this principle the Nazis immediately liquidated all other political parties and provided criminal sanctions against the formation of new parties. (For further discussion see Section 2 on the Acquisition of Totalitarian Political Control.)

Although the Reichstag, unlike all other elective assemblies in Germany, was allowed to continue in existence, elections no longer involved a free choice between lists or candidates. at these elections there were usually large bands of uniformed Nazis surrounding the polls and intimidating the voters. (2955-PS)

The surreptitious marking of ballots (e.g. with skimmed milk) was also customary, to ascertain the identity of the persons who cast "No" or invalid votes. (R-142)

Although it had already become practically impossible to have more than one list of candidates, it was specifically provided by law in 1938 that only one list was to be submitted to the electorate. (2355-PS)

By the end of this period, little of substance remained in the election law. In an official volume published during the war there are reprinted the still effective provisions of the law of 1924. The majority of the substantive provisions have been marked "obsolete" (gegenstandslos) (2381-PS).

The comprehensive Nazi program for the centralization of German government included in its scope the whole system of regional and local elections, which soon ceased to exist. Article 17 of the Weimar Constitution had required a representative form of government and universal, secret elections in all Laender and municipalities (2050-PS). Yet in early 1934, the sovereign powers (Hoheitsrechte) of the Laender were transferred by law to the Reich, and the Land governments were placed under the Reich control:

"The popular assemblies (Volksvertretungen) of the Laender shall be abolished." (2006-PS)

Pursuant to the German Communal Ordinance of 30 January 1935, the mayors and executive officers of all municipalities received their appointments "through the confidence of Party and State" (Article 6 (2)). Appointments were made by Reich authorities from lists prepared by the Party delegates (Article 41). City councillors were selected by the Party delegates in agreement with the mayors (Article 51 (1)). (2008-PS)

C. The Nazi conspirators transformed the states, provinces, and municipalities into what were, in effect, mere administrative organs of the central government. under the Weimar Constitution of the per-Nazi regime, the states, provinces, and municipalities enjoyed considerable autonomy in the exercise of governmental functions-legislative, executive and judicial. (2050-PS)

Hitler, in Mein Kampf, stated the conspirators' purpose to establish totalitarian control of local government:

"National Socialism, as a matter of principle, must claim the right to enforce its doctrines, without regard to present federal boundaries, upon the entire German nation and to educate it in its ideas and its thinking. * * *. The National Socialist doctrine is not the servant of political interests of individual federal states but shall become the ruler of the German nation." (2883-PS)

These Views were echoed by Rosenberg:

"In the midst of the great power constellations of the globe there must be, for foreign as well as for internal political reasons, only one strong central national authority, if one wants Germany to regain a position which makes it fit for alliance with other countries." (2882-PS)

By a series of laws and decrees, the Nazi conspirators reduced the powers of the regional and local governments and substantially transformed them into territorial subdivisions of the Reich government. the program of centralization began almost immediately after the Nazis acquired the chief executive posts of the government. On 31 March 1933, they promulgated the Provisional Law integrating the Laender with the Reich (2004-PS). this law called for the dissolution of all state and local self governing bodies and for their reconstitution according to the number of votes cast for each party in the Reichstag election of 5 March 1933. The Communists and their affiliates were expressly denied representation.

A week later there followed the Second Law Integrating the laender with the Reich (2005-PS). This Act established the position of Reich governor. He was to be appointed by the President upon the proposal of the Chancellor, and was given power to appoint the members of the Land governments and the higher Land officials and judges, the authority to reconstruct the Land legislature according to the law of 31 March 1933 (2004-PS, supra), and the power of pardon.

On 31 January 1934, most of the remaining vestiges of Land independence were destroyed by the Law for the reconstruction of the Reich:

"The popular referendum and the Reichstag election of November 12, 1933, have proved that the German people have attained an indestructible internal unity (unloesliche innere Einheit) superior to all internal subdivisions of political character. Consequently, the Reichstag has enacted the following law which is hereby promulgated with the unanimous vote of the Reichstag after ascertaining that the requirements of the Reich Constitution have been met:

Article I. Popular assemblies of the laender shall be abolished.

Article II. (1) The sovereign powers (Hoheitsrechte) of the Laender are transferred to the Reich.

(2) The Laender governments are placed under the Reich government.

Article III. The Reich governors are. placed under the administrative supervision of the Reich Minister of Interior.

Article IV. The Reich Government may issue new constitutional laws."

This law was implemented by a regulation, issued by Frick, providing that all Land laws must have the assent of the competent Minister of the Reich, that the highest echelons of the Land Government were to obey the orders of the competent Reich Minister, and that the employees of the Laender might be transferred into the Reich Civil Service. (1653-PS)

The Reichsrat (Reich Council) was abolished by law on 14 February 1934, and all official representation on the part of the Laender in the administration of the central government was at an end (2647-PS). The legislative pattern was complete with the enactment of the Reich Governor Law on 30 January 1935, which solidified the system of centralized control. The Reich Governor was declared to be the official representative of the Reich government, who was to receive orders directly from Hitler (Reichstatthaltergesetz (Reich Governor Law), 30 January 1935, 1935 Reichsgesetzblatt, Part I, p. 65). The same development was apparent in the provinces, the territorial subdivisions of Prussia. All local powers were concentrated in the Provincial Presidents, who acted solely as representatives of the national administration (2049-PS). Similarly, in the case of the municipalities local self-government was quickly reduced to a minimum and communal affairs were placed under central Reich control. The Nazi Party Delegate was given special functions:

"* * * in order to insure harmony between the communal administration and the Party." (Art. 6 (2)).

The Reich was given supervision over the municipalities:

"* * * in order to insure that their activities conform with the laws and the aims of national leadership." (2008-PS)

The Nazi conspirators frequently boasted of their comprehensive program of government centralization. Frick, Minister of the Interior throughout this period, wrote:

"The reconstruction law abolished the sovereign rights and the executive powers of the Laender and made the Reich the sole beare of the rights of sovereignty. The supreme powers of the Laender do not exist any longer. The natural result of this was the subordination of the Land governments to the Reich government and the Land Ministers to the corresponding Reich Ministers. On 30 January 1934, the German Reich became one state. (2481-PS)

In another article Frick indicated even more clearly the purposes which underlay this program of centralization:

"In the National Socialist revolution of 1933, it was stipulated for the first time in the history of the German nation that the erection of a unified state (Einheitsstaat) would be accomplished. From the early days of his political activity, Adolf Hitler never left a doubt in the mind of anyone that he considered it the first duty of National Socialism to create a German Reich in which the will of the people would be led in a single direction and that the whole strength of the nation, at home and abroad, would be placed on the balance scale." (2380-PS; 2378-PS.)

D. The Nazi conspirators united the offices of President and Chancellor in the person of Hitler. The merger of the two offices was accomplished by the law of 1 August 1934, signed by the entire cabinet (2003-PS). The official Nazi statement concerning the effect of this statute contains this observation:

"Through this law, the conduct of Party and State has been combined in one hand. * * * He is responsible only to his own conscience and to the German nation." (1893-PS)

One of the significant consequences of this law was to give to Hitler the supreme command of the German armed forces, always a prerequisite of the Presidency (2050-PS). Accordingly, every soldier was immediately required to take an oath of loyalty and obedience to Hitler. (2061-PS)

E. The Nazi conspirators removed great numbers of civil servants on racial and political grounds and replaced them with party members and supporters.

Hitler publicly announced the conspirator's purpose:

"We know that two things alone will save us: the end of internal corruption and the cleaning out of all those who owe their existence simply to the protection of members of the same political parties. Through the most brutal ruthlessness towards all officials installed by those political parties we must restore our finances. * * * The body of German officials must once more become what it was." (2881-PS)

The Nazi legislative machine turned to the task of purging the civil service soon after the accession to power. On 7 April 1933, the Law for the Restoration of the Professional Civil Service was promulgated (1397-PS). Article 3 of this law applies the Nazi blood theories:

"(1) Officials who are not of Aryan descent are to be retired (See Section 8); where honorary officials are concerned, they are to be discharged from office.

(2) (1) Does not apply to officials who have been in service since August 1, 1914, or who fought in the World War at the front for the German reich or for its allies or whose fathers or sons were killed in the World War. The reich Minister of the Interior after consultation with the competent Minister or with the highest state authorities may permit further exceptions in the case of officials who are in foreign countries."

Article 8 provides that retirement does not carry a pension unless the official has served at least ten years. The political purge provision of this law is contained in Article 4:

"Officials who because of their previous political activity do not offer security that they will exert themselves for the national state without reservations, may be discharged. For three months after dismissal, they will be paid their former salary. From this time on they receive three-quarters of their pensions (see 8) and corresponding annuities for their heirs."

The provisions of the Act apply to all Reich, Land, and Communal officials (Art. 1 (2)). Civil Servants may be placed on the retired list without any reason, "for the purpose of simplifying the administration" (Art. 6). Discharges and transfers, once decided on by the appropriate administrative chief, are final and are not subject to appeal (Art. 7 (1)).

This basic enactment was followed by a series of decrees, regulations, and amendments. For example, on 11 April 1933, the term "nonAryan" was defined to include persons with only one non-Aryan grandparent (2012-PS). An amendatory law of 30 June ruled out all civil servants married to non-Aryans. (1400-PS)

The political standards of the "Purge Law" were made more explicit by the supplementary law of 20 July 1933. Officials who belonged to any party or organization which, in the opinion of the Nazis, furthered the aims of Communism, Marxism, or Social Democracy were summarily to be discharged (1398-PS). In the later years, these earlier provisions were enlarged and codified, no longer solely for the purposes of affecting the existing civil service, but rather to set out the qualifications for the appointment of new applicants and for their promotion. Proof of devotion to national Socialism and documentary proof of acceptable "blood" were prescribed as conditions to promotion. (2326-PS)

The comprehensive German Civil Service Law of 26 January 1937 included the discriminatory provisions of the earlier legislation, and prevented the appointment of any applicants opposed or suspected of being opposed to the Nazi program and policy (2340-PS). The legislation dealing with the training and education of civil servants provided that no person can be accepted for an official position unless he is a member of the Nazi Party or one of its formations (Gliederungen). (2341-PS)

The total subjugation of the German civil servant was ultimately accomplished by the following resolution passed by the Reichstag at the request of the Fuehrer.

"* * * without being bound by existing legal provisions, the Fuehrer must therefore in his capacity as Fuehrer of the nation, as commander-in-chief of the Armed Forces, as Head of the Government and as the highest bearer of all power, as highest Law Lord and as Fuehrer of the Party, always be in a position to require every German-whether a simple soldier or officer, subordinate or higher official, or judge, supervisory or operating functionary of the Party, laborer or employer-to carry out his duties with all the means available to him and to discharge these duties according to a conscientious examination without reference to socalled vested rights, especially without the preambles of preexisting procedure, by removal of any man from his office, rank or position." (2755-PS)

F. The Nazi conspirators restricted the independence of the judiciary and rendered it subservient to their ends.

The independence of judges, before the Nazi regime, was guaranteed by the Weimar constitution. The fundamental principle was stated briefly in Article 102:

"Judges are independent and subject only to the law." (2050-PS)

Article 104 contained a safeguard against the arbitrary removal or suspension of judges, while Article 105 prohibited "exceptional courts". The fundamental rights of the individual are set out in Article 109 and include equality before the law. (2050-PS)

Like all other public officials, German judges who failed to meet Nazi racial and political requirements became the subject of a wide-spread purge. Non-Aryans, political opponents of the Nazis, and all persons suspected of antagonism to the aims of the Party were summarily removed (2967-PS). The provisions of the Law for the Restoration of Professional Civil Service of 7 April 1933 applied to all judges. this was declared expressly in the third regulation for the administration of the law. (2867-PS)

To make certain that cases with political ramifications would be dealt with acceptably and in conformity with Party principles, the Nazis granted designated areas of criminal jurisdiction to the so-called Special Courts (Sondergerichte). These constituted a new system of special criminal courts, independent of the regular judiciary and directly subservient to the Party (2076-PS). A later decree considerably broadened the jurisdiction of these courts. (2056-PS)

In 1934, the People's Court was set up as a trial court "in cases of high treason and treason" (2014-PS). This action was a direct result of the dissatisfaction of the Nazi rulers with the decision of the Supreme Court (Reichsgericht) in the Reichstag fire trial. Three of the four defendants were acquitted although the Nazi conspirators had expected convictions in all cases (2967-PS). The law which created this new Tribunal Contained A Wide Definition Of Treason Which Would Include Most Of What WERE REGARDED BY THE NAZIS AS "POLITICAL" CRIMES (art. 3 (1)). The Express Denial Of Any Appeal From The Decisions Of The People's Court (Art. 5 (2)) was a further indication of the intention of the Nazis to set up a criminal law system totally outside of accepted judicial pattern. The substantive organization of the People's Court was later established by law in 1936. (2342-PS)

These new tribunals were staffed almost exclusively with Nazis and were used to tighten the Party's grip on Germany. This control became progressively stronger, due first, to the power of the prosecutor to pick the appropriate court; second, to the restriction of defense counsel in these courts to specially admitted attorneys; and finally, to the absence of appeal from the decisions of these judges. Moreover, there developed along side of the entire judicial system the increasingly powerful police administration, under which persons opposed to the regime were regularly imprisoned in concentration camps without any type of hearing, even after acquittal by the courts. (2967-PS)

Still another group of courts was established within the Party itself. These Party Courts heard cases involving internal party discipline and infractions of the rules of conduct prescribed for members of formations and affiliated organizations. the published rules for the Party judges emphasized the complete dependence of these judges upon the directions and supervision of their Party superiors. (2402-PS)

The Nazi legal theorists freely admitted that there was no place in their scheme of things for the truly independent judge. They controlled all judges through special directives and orders from the central government. Frank underscored the role of the judge as a political functionary and as an administrator in the National Socialist state (2378-PS). Two case histories of this period serve to illustrate the manner in which criminal proceedings were directly suppressed or otherwise affected by order of the Reich government.

In 1935, the Reich Governor of Saxony, Mutschmann, attempted to quash criminal proceedings which, in this exceptional instance, had been brought against officials of the hohnstein concentration camp for a series of extremely brutal attacks upon inmates. The trial was held and the defendants convicted, but during the trial the governor inquired of the presiding judge whether he did not think the penalty proposed by the prosecutor too severe and whether an acquittal was not indicated. After the conviction, two jurymen were ousted from the NSDAP and the prosecutor was advised by his superior to withdraw from the SA. Although Guertner, the then Minister of Justice, strongly recommended against taking any action to alter the decision, Hitler pardoned all the accused. (783-PS; 784-PS; 785-PS; 786-PS)

In another similar case, Guertner wrote directly to Hitler narrating the horrible details of maltreatment and advising that the case be regularly prosecuted. Nevertheless, Hitler ordered complete suppression of the proceedings. (787-PS; 788-PS)

Under the Nazi regime, it was part of the official duty of many Party functionaries to supervise the administration of justice. The official papers of Hess contain detailed statements concerning his own functions and those of the Gauleiter in deciding criminal cases. (2639-PS)

Another type of governmental interference in judicial matters is evidenced by the confidential letter which the Ministry of Justice sent in early 1938 to the Chief Justices of the Regional Supreme Courts (Oberlandesgerichtspraesidenten). The judges were instructed to submit lists of lawyers who would be sufficiently able and trustworthy to represent in court persons who had been taken into "protective custody". The main requirement was absolute political reliability. Simple Party membership was not enough; to be selected, the lawyer had to enjoy the confidence of the "Gestapo". (651-PS)

After the war began, Thierack, Minister of Justice, revealed the low state to which the judiciary had fallen under Nazis rule. he argued that the judge was not the "supervisor" but the "assistant" of the government. He said that the word "independent", as applied to the judge, was to be eliminated from the vocabulary and that although the judge should retain a certain freedom of decision in particular cases, the government "can and must" give him the "general line" to follow. For this purpose, Thierack decided in 1942 to send confidential Judge's Letters (Richterbriefe) to all German judges and prosecutors, setting forth the political principles and directives with which all judicial personnel were obligated to comply (2482-PS). The first of these Judge's Letters clearly expresses the complete subordination of the judges to the Fuehrer and his government. (D-229)

G. The Nazi conspirators greatly enlarged existing State and Party organizations and established an elaborate network of new formations and agencies.

The totalitarian character of the Nazi regime led to the establishment of a great number of new official and semi-official agencies and organizations in the various fields of life which were permeated by Nazi doctrine and practice, including culture, trade, industry, and agriculture.

New agencies had to be created to handle the large number of additional administrative tasks taken over from the Laender and the municipalities. Moreover, the mobilization of the political, economic, and military resources of Germany required the formation of such coordinating "super-agencies" as the Four Year Plan, the Plenipotentiary for Economics, the Plenipotentiary for Administration, and the Ministerial Council for the Defense of the Reich. At the time of the launching of war, the central Reich government was an extremely complicated structure held together under strict Nazi dictatorship. (See Chart Number 18; also 2261-PS; 2194-PS; 2018-PS.)

Simultaneously, in the Party, the growth of agencies and organizations proceeded rapidly. The Party spread, octopus-like, throughout all Germany and into many foreign lands. (See Chart Number 1; also 1725-PS.)

This process of growth was summed up late in 1937 in an official statement of the Party Chancellery:

"In order to control the whole German nation in all spheres of life, the NSDAP, after assuming power, set up under its leadership the new Party formations and affiliated organizations." (2383-PS)

H. The Nazi conspirators created a dual system of government controls, set up Party agencies to correspond with State agencies, and coordinated their activities, often by uniting corresponding State and Party offices in a single person.

In Mein Kampf, Hitler announced the conspirators' purpose:

"Such a revolution can and will only be achieved by a movement which itself is already organized in the spirit of such ideas and thus in itself already bears the coming state. Therefore, the National Socialist movement may today become imbued with these ideas and put them into practice in its own organization so that it not only may direct the state according to the same principles, but also may be in a position to put at the state's disposal the finished organizational structure of its own state." (2883-PS)

The Nazis attempted to achieve a certain degree of identity between the Party and the State and, at the same time, to maintain two separate organizational structures. After the rise to power, the fundamental principle of unity was translated into "law":

"Article 1. After the victory of the National Socialistic Revolution, the National Socialistic German Labor Party is the bearer of the concept of the German State and is inseparably the state." (1395-PS)

The manner in which the Nazis retained a duality of organization despite the theory of unity is graphically portrayed in the charts of the Party and the State (Charts Number 1 and 18). These visual exhibits demonstrate the comprehensive character of the Party organization, which was established on parallel lines with the corresponding government structure. The Party structure remained at all times technically separate and could be used for non-governmental purposes whenever such use best served the needs of the conspirators. In innumerable instances, the corresponding Party and State offices were, in fact, held by the same person. For example, the Gauleiter of the Party in most instances also held the post of Reich Governor (or, in Prussia, that of Provincial President). (2880-PS)

The coordination of the Party and State functions started at the top. The Chief of the Party Chancellery was designated a Reich Minister and endowed with plenary powers in the preparation and approval of legislation. He acted as liaison officer at the highest level between Party officials and cabinet ministers. He was given also the duty of passing on the appointment of all the more important civil servants. (2787-PS)

Many of the same powers were bestowed upon the other Reichsleiter (Leaders composing the Party Directorate). The official Nazi exposition of their position is as follows:

"It is in the Reich Directorate where the strings of the organization of the German people and the State meet. By endowment of the Chief of the Party Chancellery with the powers of a Reich Minister, and by special administrative directives, the penetration of the State apparatus with the political will of the Party is guaranteed. It is the task of the separate organs of the Reich Directorate to maintain as close a contact as possible with the life of the nation through their sub-offices in the Gaus. Observations at the front are to be collected and exploited by the offices of the Reich Directorate." (1893-PS)

On the regional and local levels, the Gauleiter, Kreisleiter, etc., were also empowered to control the purely governmental authorities on political matters. Hess issued the following order shortly after the war began:

"I, therefore order that the bearer of sovereignty (Hoheitstraeger) of the NSDAP (Gauleiter, Kreisleiter, Ortsgruppenleiter) in the scope of his authority is responsible for the political leadership and the frame of mind (Stimmung) of the population. It is his right and his duty to take or to cause to be taken any measures necessary for the expeditious fulfillment of his political duties and for the elimination of wrong within the Party. He is exclusively responsible to his superior bearers of sovereignty (Hoheitstraeger)." (2383-PS)

In the later years, the functional coordination of Party and State offices became much more common. The appointment of Himmler as Reichsfuehrer SS and Chief of the German Police is a typical example of the way in which State and Party functions became inextricably merged so as to render any clean lines of demarcation impossible. (2073-PS)

LEGAL REFERENCES AND LIST OF DOCUMENTS RELATING TO CONSOLIDATION OF TOTALITARIAN POLITICAL CONTROL

Document Description Vol. Page

Charter of the International Military Tribunal, Article 6, especially 6 (a)..........................1 5

International Military Tribunal, Indictment Number 1, Section IV (D) 3 (a). .........................1 18

Note: A single asterisk (*) before a document indicates that the document was received in evidence at the Nurnberg trial. A double asterisk (**0 before a document number indicates that the document was referred to during the trial but was not formally received in evidence, for the reason given in parentheses following the description of the document. The USA series number, given in parentheses following the description of the document, is the official exhibit number assigned by the court.

*651-PS Confidential circular signed by Schlegeberger, 31 January 1938, concerning representation by Counsel of Inmates of concentration camps. (USA 730) ......................... III 466

*783-PS Letter from Guertner to Mutschmann, 18 January 1935, concerning charges against members of camp personnel of protective custody Camp Hohnstein. (USA 731) .........................III 558

*784-PS Letters from Minister of Justice to Hess and SA Chief of Staff, 5 June 1935, concerning penal proceedings against merchant and SA leader and 22 companions because of inflicting bodily injury on duty. (USA 732) .........................III 559

*785-PS Memorandum of Guertner concerning legal proceedings against the camp personnel of concentration camp Hohnstein. (USA 733) .........................III 564

*786-PS Minister of Justice memorandum, 29 November 1935, concerning pardon of those sentenced in connection with mistreatment in Hohnstein concentration camp. (USA 734) ........................III 568

*787-PS Memorandum to Hitler from Public Prosecutor of Dresden, 18 June 1935, concerning criminal procedure against Vogel on account of bodily injury while in office. (USA 421) ........................III 568

*788-PS Letters from Secretary of State to the Minister of Justice, 25 June 1935 and 9 September 1935, concerning criminal procedure against Vogel. (USA 735) .........................III 571

1388-PS Law concerning confiscation of Property subversive to People and State, 14 July 1933. 1933 Reichsgesetzblatt, Part I, p. 479 .........................III 962

*1395-PS Law to insure the unity of Party and State, 1 December 1933. 1933 Reichsgesetzblatt, Part I, p. 1016. (GB 252) .........................III 978

1397-PS Law for the reestablishment of the Professional Civil Service, 7 April 1933. 1933 Reichsgesetzblatt, Part I, p. 175 .........................III 981

1398-PS Law to supplement the Law for the restoration of the Professional Civil Service, 20 July 1933. 1933 Reichsgesetzblatt, Part I, p. 518 .........................III 986

1400-PS Law changing the regulations in regard to public officer, 30 June 1933. 1933 Reichsgesetzblatt, Part I, p. 433 .........................III 987

1653-PS First regulation concerning the reconstruction of the Reich, 2 February 1934. 1934 Reichsgesetzblatt, Part I, p. 81 .........................IV 162

1725-PS Decree enforcing law for securing the unity of Party and State, 29 March 1935. 1935 Reichsgesetzblatt, Part I, p. 502 .........................IV 224

*1893-PS Extracts from Organization Book of the NSDAP, 1943 edition. (USA 323) ........................IV 529

2001-PS Law to Remove the Distress of People and State, 24 March 1933. 1933 Reichsgesetzblatt, Part I, p. 141 .........................IV 638

2003-PS Law concerning the Sovereign Head of the German Reich, 1 August 1934. 1934 Reichsgesetzblatt, Part I, p. 747 .........................IV 639

2004-PS Preliminary law for the coordination of Federal States under the Reich, 31 March 1933. 1933 Reichsgesetzblatt, Part I, p. 153 .........................IV 640

2005-PS Second law integrating the "Laender" with the Reich, 7 April 1933. 1933 Reichsgesetzblatt, Part I, p. 173 .........................IV 641

2006-PS Law for the reconstruction of the Reich, 30 January 1934. 1934 Reichsgesetzblatt, Part I, p. 75 .........................IV 642

2008-PS German Communal Ordinance, 30 January 1935. 1935 Reichsgesetzblatt, Part I, p. 49 .........................IV 643

2012-PS First regulation for administration of the law for the restoration of professional Civil Service, 11 April 1933. 1933 Reichsgesetzblatt, Part I, p. 195 .........................IV 647

2014-PS Law amending regulations of criminal law and criminal procedure, 24 April 1934. 1934 Reichsgesetzblatt, Part I, p. 341 .........................IV 648

*2018-PS Fuehrer's decree establishing a Ministerial Council for Reich Defense, 30 August 1939. 1939 Reichsgesetzblatt, Part I, p. 1539. (GB 250) .........................IV 650

2049-PS Second Decree concerning the reconstruction of the Reich, 27 November 1934. 1934 Reichsgesetzblatt, Part I, p. 1189 .........................IV 661

2050-PS The Constitution of the German Reich, 11 August 1919. 1919 Reichsgesetzblatt, Part I,p.1383 .........................IV 662

2065-PS Decree concerning the extension of the Jurisdiction of Special Courts, 20 November 1938. 1938 Reichsgesetzblatt, Part I, p. 1632 .........................IV 698

2061-PS Oath of Reich Officials and of German Soldiers, 20 August 1934. 1934 Reichsgesetzblatt, Part I, p. 785 ......................... IV 702

2073-PS Decree concerning the appointment of a Chief of German Police in the Ministry of the Interior, 17 June 1936. 1936 Reichsgesetzblatt, Part I, p. 487 .........................IV 703

2076-PS Decree of the Government concerning formation of Special Courts, 21 March 1933. 1933 Reichsgesetzblatt, Part I, pp. 136-137 .........................IV 705

*2194-PS Top secret letter from Ministry for Economy and Labor, Saxony, to Reich Protector in Bohemia and Moravia, enclosing copy of 1938 Secret Defense Law of 4 September 1938. (USA 36) .........................IV 843

*2261-PS Directive from Blomberg to Supreme Commanders of Army, Navy and Air Forces, 24 June 1935; accompanied by copy of Reich Defense Law of 21 May 1935 and copy of Decision of Reich Cabinet of 12 May 1935 on the Council for defense of the Reich. (USA 24) .........................IV 934

2326-PS Reich Principles Regarding recruiting appointment and promotion of Reich and Provincial Officials, 14 October 1936. 1936 Reichsgesetzblatt, Part I, p. 893 .........................IV 1034

2340-PS German public officials law of 27 January 1937. 1937 Reichsgesetzblatt, Part I, p. 41 .........................IV 1058

2341-PS Decree on education and Training of German officials, 28 February 1939. 1939 Reichsgesetzblatt, Part I, p. 371 .........................IV 1062

2342-PS Law on People's Court and on 25th Amendment to Salary Law of 18 April 1936. 1936 Reichsgesetzblatt, Part I, p. 369 ......................... IV 1062

2355-PS Second Law Relating to right to vote for Reichstag, 18 March 1938. 1938 Reichsgesetzblatt, Part I, p. 258 .........................IV 1098

2378-PS Extracts from Documents of German Politics, Vol. 4, pp. 207,337 .........................V 4

*2380-PS Articles from National Socialist Yearbook, 1935. (USA 396) ........................V 6

*2381-PS Extracts from The Greater German Diet, 1943. (USA 476) .........................V 7

2382-PS Law relating to the Reich Election, 8 March 1924. 1924 Reichsgesetzblatt, Part I, pp. 159-162 .........................V 8

*2383-PS Ordinance for execution of decree of Fuehrer concerning position of the Head of Party Chancellery of 16 January 1942, published in Decrees, Regulations, Announcements. (USA 410) ......................... V 9

2384-PS The Delegates of the German People, published in Movement, State and People in their organizations, 1935, p. 161 ......................... V 23

2402-PS Guide for Party Courts, 17 February 1934 ..........................V 70

*2426-PS Extracts from Speeches, by Hess. (GB 253) .........................V 90

2481-PS Extracts from Four Years of the Third Reich, by Frick, published in Magazine of the Academy for German Law, 1937 .........................V 231

2482-PS Extract from German Justice, a legal periodical, 10th Year, Edition A, No. 42, 16 October 1942 .........................V 233

2639-PS Ordinances of the Deputy of the Fuehrer, published in Munich 1937 .........................V 345

2647-PS law relating to the abolition of the Reichsrat, 14 February 1934. 1934 Reichsgesetzblatt, Part I, p. 89 ......................... V 358

2755-PS Resolution of the Greater German Reichstag, 26 April 1942. 1942 Reichsgesetzblatt, Part I, p. 247 .........................V 393

2787-PS Excerpt from Order of the Deputy of the Fuehrer .........................V 420

2867-PS Third Decree relating to Implementation of Law for restoration of Professional Civil Service, 6 May 1933. 1933 Reichsgesetzblatt, Part I, p. 245. .........................V 527

2880-PS Extracts from Handbook for Administrative Officials, 1942 .........................V 547

2881-PS Hitler's speech of 12 April 1922, quoted in Adolf Hitler's Speeches, published by Dr. Ernst Boepple, Munich, 1934, pp. 20-21, 72 ......................... V 548

2882-PS The Party Program of 1922, By Rosenberg, 25Th edition, 1942, p. 60 ..........................V 548

2883-PS Extracts from Mein Kampf by Adolf Hitler, 41st edition, 1933 ..........................V 549

*2955-PS Affidavit of Magnus Heimannsbegr, 14 November 1945, referring to SA and other Nazi groups posted at polling places. (USA 755) ..........................V 659

2957-PS Extract from German Civil Servants Calendar, 1940, p. 111 .........................V 663

*2967-PS Affidavit of Dr. Hans Anschuetz, 17 November 1945. (USA 756) ..........................V 673

*3054-PS "The Nazi Plan", script of a motion picture composed of captured German film. (USA 167) ..........................V 801

D-229 Extract from pamphlet "Judges Letters" concerning judgment of Lower Court, 24 April 1942, on concealment of Jewish identification ..........................VI 1091

*R-142 Memoranda to Koblenz District Headquarters, 22 April 1938 And 7 May 1938, relating to the plebiscite of 10 April 1938. (USA 481) ..........................VIII 243

Statement X The Relationship of Party and State, AS It Existed in Reality, by Wilhelm Stuckhart, Nurnberg, 1 December 1945 ..........................VIII 736

*Chart No. 1 National Socialist German Workers' Party. (2903-PS; USA 2) ..........................VIII 770

*Chart No. 18 Organization of the Reich Government. (2905-PS; USA 3) ......................... End of Volume VIII