"Non-Germans" Under the Third Reich (151 page)

88.
Mommsen, “Aufgabenkreis und Verantwortlichkeit,” 388 f.

89.
Reich Chancellery note of June 19, 1941 (BA R 22/137).

90.
RGZ 167, 274.

91.
Institute for Western Studies, Pozna
, doc. I-53, quoted in
Doc. Occ.
5:114 ff.

92.
RGBl.
I 118. Details in section 2, “The Implementation of
Völkisch
Inequality in the Annexed Eastern Territories.”

93.
RGBl.
I 268 f. (quoted in
Doc. Occ.
5:165 f.).

94.
See transcript of February 6, 1943, of the meeting of January 21, 1943, at the Reich Ministry of the Interior, in which nationality questions were discussed (Bl. 1, nos. 2, 5, 6, BA R 43 II/137).

95.
Both decrees of April 25, 1943,
RGBl.
I 269 and 271.

96.
See note from the Reich Chancellery regarding the draft of a new law on nationality of February 23, 1938, from the Reich Ministry of the Interior, according to which an “oath of allegiance” was to be taken on being received into the “protection of the German Reich” (BA, All. Proz. 1 YVII B 30, 39 ff.).

97.
RGBl.
I 315, quoted in
Doc. Occ.
5:172 f.

98.
According to a decree of the Reich minister of the interior of May 23, 1944 (quoted in
Doc. Occ.
5:173 n. 39), “foreigners” were people “who [possess] foreign nationality or are stateless.” Not considered as foreigners were Germans with “conditional nationality” (Poles in Category 3 of the German Ethnic Classification List), “protected nationals” (Poles in Category 4 of the same list), and “Protectorate nationals.”

99.
For the history of the decree, see
Doc. Occ.
5:173 n. 39.

100.
Decree on Protective Citizenship of March 25, 1943 (
RGBl.
I 271), sec. 11: “The Reich minister of the interior in consultation with the
Reichsführer
-SS/RKF and the head of the Party Chancellery can also regulate the legal situation of protected nationals through the administrative channels as appropriate. Such administrative regulation is binding for courts and administrative authorities.” According to sec. 10 of the decree, the higher administrative authorities in consultation with the office determined by the RKF were to decide on the exclusion of the provisions contained in the decree.

101.
BA R 18/468. Himmler’s powers extended to effecting the return of Reich Germans and ethnic Germans from abroad, “elimination of the harmful influence of foreign sections of the population,” the creation of new German settlement areas, and “the designation of living areas for the sections of the population in question.”

102.
Decree on the German Ethnic Classification List of March 4, 1941 (
RGBl.
I 118), sec. 10; Twelfth Decree to the Reich Citizenship Law of March 25, 1943 (
RGBl.
I 268), sec. 5; Decree on Citizenship unless Countermanded of April 25, 1943 (
RGBl.
I 269;
Doc. Occ.
5:166 ff.), sec. 1: “The Reich minister of the interior in consultation with the
Reichsführer
-SS/RKF for the Strengthening of German Nationhood is responsible for the granting of nationality unless countermanded.”

103.
RGBl.
I 118.

104.
Reich Ministry of the Interior circular of November 25, 1939 (
MinbliV
[1939]: 2385).

105.
RFSS/RKF directives of September 12, 1940, quoted in
Doc. Occ.
5:114 ff.

106.
Decree on the German Ethnic Classification List of March 4, 1941 (
RGBl.
I 118), secs. 5 and 6.

107.
Confidential information from the Party Chancellery, no. 51/680 of July 17, 1942, quoted in
Verfügungen
, 2:169 ff., 174, 176.

108.
RGBl.
I 271.

109.
General instruction no. 12/C of February 9, 1942 (BA R 22/20994; also quoted in
Doc. Occ.
5:150 ff.), a good summary of the overall status of this group of people.

110.
Confidential information from the Party Chancellery, no. 51/680, quoted in
Verfügungen
, 2:169 ff., 174, 176.

111.
Administrative instruction no. 12/C of February 9, 1942 (BA R 22/20994).

112.
Confidential information from the Party Chancellery, no. 51/680, quoted in
Verfügungen
, 2:169 ff., 174, 176.

113.
For more details, see ibid.

114.
RFSS/RKF decree no. 420 of February 16, 1942, to the highest authorities of the Reich and the governments of the
Länder
, the higher SS and police authorities, Gauleiter,
Oberpräsidenten
, and presidents of district administrations in Prussia (ZS, Versch. 29, Bl. 236–243; quoted in
Doc. Occ.
5:156 ff.).

115.
For comprehensive details of the legal status of these Poles, see the RFSS/RKF decree of February 16, 1942, ibid.

116.
According to confidential information from the Party Chancellery, no. 51/680 of July 17, 1942 (quoted in
Verfügungen
, 2:176), “asocial and otherwise genetically inferior persons” and “persons of highly suspect political views” were to be “transferred to a concentration camp.” “The wives and children from the latter group [were to be] resettled in the old Reich and given German nationality.”

117.
Ibid., 176 f.

118.
Ibid., 177 f., from which the following information is also derived.

119.
For the “Germanization” of Polish children, see Łuczak,
Dyskryminacja Polaków
(Discrimination against Poles) (1966), 223 ff.

120.
Quoted in
Doc. Occ.
5:168 f.

121.
For more details, see Broszat,
Nationalsozialistische Polenpolitik
, 84 ff., 89 ff.

122.
Confidential information from the Party Chancellery No. 51/680 (quoted in
Verfügungen
, 2:169 ff., 176).

Part One. Section 1. V. Professional and Labor Law

1.
Cf. the extensive compilation of anti-Jewish measures in the public and professional domains in Kluge and Krüger,
Verfassung und Verwaltung
(1941), 215 ff. Regarding professional and commercial freedom under National Socialism generally, see Echthölter,
Das öffentliche Recht im nationalsozialismus
(1970), 208 ff.

2.
Ostler,
Die deutschen Rechtsanwälte
(1971), 248 f., with numerous examples from Breslau (Wrocław), Cologne, and Munich; also Weinkauff and Wagner,
Die deutsche Justiz
(1968), 113, with references. In Breslau only a small number of Jewish lawyers were allowed to practice by order of the local police president on account of an alleged danger to public security and order—see Ostler,
Die deutschen Rechtsanwälte
, 248 f., for details.

3.
Ostler,
Die deutschen Rechtsanwälte
, 249, with examples.

4.
The decree of February 28, 1933 (
RGBl.
I, 83), also, did not suspend these rights.

5.
Law to Relieve Distress in the Nation and Reich of March 24, 1933 (
RGBl.
I, 141).

6.
Art. 2 of the Enabling Act (ibid.); replaced by art. 4 of the Law on the Reconstruction of the Reich, January 30, 1934 (
RGBl.
I, 75): “The Reich government can create new constitutional law.”

7.
For example, the decrees under the Reich Citizenship Law contained numerous provisions limiting the choice of profession, although according to sec. 3 of the Reich Citizenship Law the Reich minister of the interior was empowered only to issue regulations on the “execution and amendment” of the law, i.e., implementing regulations in the domain of nationality law.

8.
For the situation of attorneys in general, see Noack, “Der freie Anwalt im Dritten Reich” (1936); Noack, “Die Stellung des Rechtsanwalts” (1934); see also Ulrich, “Das Recht der Patentanwälte” (1934), 1535 ff.; Wolgers, “Das Notariatsrecht” (1934), 1440 ff.; an overview is found in Ostler,
Die deutschen Rechtsanwälte
, 229 ff., 267 ff.

9.
In this respect see also Ostler,
Die deutschen Rechtsanwälte
, 266.

10.
See the official figures from the Reich Ministry of the Interior in
JW
(1934): 2956 and (1935): 758, according to which a total of 19,500 lawyers were accredited as of April 1, 1933; the proportion of non-Aryans at this time is not stated. The situation in Prussia is clearer: see data from the Reich Ministry of Justice in Lorenzen, “Das Eindringen der Juden in die Justiz vor 1933”; according to the data in
DJ
(1939): 966, a total of 11,814 lawyers (6,226 notaries) were accredited as of April 7, 1933, 3,370 of whom were non-Aryan lawyers (1,210 non-Aryan notaries). Similar figures are given by Frank in the
Nationalsozialistisches Handbuch für Recht und Gesetzgebung
(1934), introduction, xxviii f.: he reports a total of 11,814 lawyers admitted in Prussia as of April 1933, including 3,387 non-Aryans (28.5%) (
Kammergericht
district, Berlin, 3,890 accredited, including 1,879 non-Aryans [48%]; State Superior Court District, Frankfurt, 607 lawyers accredited, including 275 non-Aryans [45%]; State Superior Court District, Breslau, a total of 1,056 lawyers accredited, including 376 non-Aryans [35%]); the proportion of non-Aryan lawyers was particularly high in Austria (in Vienna out of a total of 2,200 lawyers, 1,750 were non-Aryan, cf.
DRiZ
[1934]: 61), where anti-Jewish regulations were introduced after the
Anschluss
by the decree of March 31, 1938 (
RGBl.
I, 383).

11.
The representative body of lawyers attempted to counter such defamations; see Raeke, “Gemeinsame Mitteilung” (1934), which, referring to remarks of Göring’s in this vein, declared, “The German lawyer has long created his ideal picture and feels himself to be the guardian and mediator of the law” (3049).

12.
See Noack, “Die Entjudung der deutschen Anwaltschaft” (1938): “From the position of confidentiality of a doctor, a lawyer, he [the Jew] tries to infiltrate the spiritual life of his host people and to destroy their nature so as to make them always more ready to accept the Jewish culture and the Jewish poison parasite.”

13.
DRiZ
(1933): 122.

14.
It is presumably to this that the report by Wulf,
Theater und Film im Dritten Reich
(1966), 431, refers when stating that limited numbers only of Jewish lawyers were permitted to practice at the bar in early 1933. As a result of these measures, lists of Jewish lawyers still practicing were published.

15.
Lorenzen,
Die Juden und die Justiz
(1943), 175 ff. For the legal situation after promulgation of the Law on Admission to the Legal Profession of April 7, 1933 (
RGBl.
I, 188), with respect to these prohibitions, see Ostler,
Die deutschen Rechtsanwälte
, 474 n. 14.

16.
Neumann, “Vom Kaiserhoch zur Austreibung,” 7.

17.
Quoted from the Reich Supreme Court,
Leipziger Zeitschrift
, 1933, 1030, and from RArbG, ibid., 1149.

18.
For example, the commentaries by Stein and Jonas and by Rosenberg on the ZPO and by Staub, Düringer, and Hachenburg on the Commercial Code, and in part the commentary by Staudinger; for the main specialist literature under the Nazi ban, see Göppinger,
Verfolgung der Juristen jüdischer Abstammung
(1963), 90 ff.; Ostler,
Die deutschen Rechtsanwälte
, 250. The major commentaries by A. and F. Friedländler on the Attorneys’ Code and the Lawyer’s Fees Code are examples of suppressed writings by Jewish attorneys (250).

19.
RGBl.
I, 109, 119; chap. XIII. By the March 28, 1934, Law on Amendment of the Regulations concerning the Legal Profession Disciplinary Code (
RGBl.
I, 252), the court of honor of the second instance, which hitherto had been conducted in the Supreme Court of the Reich, was transferred to the Reich Chamber of Attorneys; for this and the further development of the disciplinary code, see Ostler,
Die deutschen Rechtsanwälte
, 251, 261 ff.

20.
Directives of the Reich Chamber of Attorneys of July 2, 1934 (
Anwaltsbl.
no. 62, 106); Neubert, “Neue Richtlinien für die Ausübung des Anwaltsberufes” (1934) (Neubert was president of the Reich Chamber of Attorneys).

21.
RGBl.
I, 186.

22.
Circular issued by the Prussian minister of justice, November 20 (
DJ
[1933]: 729 ff.); the State Superior Court president was to undertake investigations of his own with regard to the accuracy of the information. See also Neumann, “Vom Kaiserhoch zur Austreibung,” 8.