"Non-Germans" Under the Third Reich (181 page)

70.
Secret note of June 10, 1944, from the head of Referat I/50 at the office of the Reich governor of Wartheland (ibid., Bl. 273), the text of which constitutes a masterpiece of totalitarian thinking.

Part One. Section 2. B. The Manifestations of Special Measures

1.
Report of July 30, 1941, by the Department of National Policy (Referat I/50) at the office of the Reich governor of Posen to the Reich governor of Posen on the practice and aims of the Polish policy (Institute for Western Studies, Pozna
, doc. I-145).

2.
Ibid.: “Any show of consideration would be a sign of weakness.”

3.
For more on this, see von Rozycki, “Über den Geltungsbereich des Reichsrechts im Großdeutschen Reich” (1941); Kobelt, “Einzelfragen der Rechtseinführung in den eingegliederten Ostgebieten” (1940); Marder, “Verwaltungsprobleme in den eingegliederten Ostgebieten,”
DVerw
(1940): 198 ff.

4.
Von Rozycki, “Über den Geltungsbereich des Reichsrechts im Großdeutschen Reich,” 57.

5.
This arrangement was either to have been set out in a special Polish legal code (Polish Statute) (von Rosen-von Hoevel, “Das Polenstatut” [1942]) or, as was the intention of the Reich Ministry of the Interior, to be promulgated in the form of a special Decree on the Legal Status of Protected Nationals and Stateless Illegitimate Children of Polish Nationality; cf. travel report of January 18, 1944, from the office of the Reich governor of Posen (Pozna
) on a discussion at the Reich Ministry of the Interior on January 14 on the draft of such an order (State Archive Pozna
,
Reichsstatthalter
909).

6.
Cf. the status report of August 18, 1940, by the district president of Hohensalza (Inowrocław), 7 f., according to which there were lacking basic elements in police order law, police criminal law, firearms law, registration regulations, police regulations on foreign nationals, residence law, and identity card and passport regulations. The report stated that this was most disagreeable for both the Polish and the German population since matters were dealt with at the discretion of the individual district or local police authorities, with the result that “often highly doubtful principles” were applied. The status reports of March 18 (pp. 8–9) and October 8, 1941 (p. 9), urge strongly in favor of uniform registration and residence regulations for the Eastern Territories. That of October 1940 (p. 14) contests the arbritary payment of Poles in German offices in a number of municipal administrations; that of January 18, 1941 (p. 31), reports on the awkward situation arising out of the fact that the Reich decree was not valid in the Annexed Eastern Territories (Posen University Library).

7.
See Nawrocki,
Policja hitlerowska w kraju warty
(1970), 56 ff.

8.
The Reich Ministry of the Interior had made use of this authority in the Decree of March 6, 1940, on the Establishment of a State Police Authority in the
Reichsgaue
Danzig (Gda
sk)–West Prussia and Wartheland (
RGBl.
I 495); cf. the other decrees issued on the basis of sec. 12, par. 2, of the Führer’s decree, in Sartorius,
Verfassungs- und Verwaltungsrecht
, note 3 to no. 172. With regard to the organization of the police force, see also M. Wrzosek, “Deutsche Polizei in Oberschlesien” (with documentation),
Bulletin of the Main Commission Warsaw
, vol. 15, 101 ff.

9.
Institute for Western Studies, Pozna
.
RGBl.
I, 1582; introduced into the Eastern Territories by the order of July 31, 1940 (
RGBl.
I 1063).

10.
See report by Dr. Lavaux, office of the Reich governor of Wartheland, on an official trip to Danzig on November 21, 1940 (State Archive Pozna
,
Reichsstatthalter
802, sheet 101).

11.
According to sec. 3, par. I, of this decree (
RGBl.
I 2042), the Law on the Administrative Structure in the
Reichsgau
Sudetenland of April 14, 1939 (
RGBl.
I 780), was applicable as appropriate. Sec. 9 gave the
Landrat
at district level control of the whole state administration within the limits of previous competence. This included the authority to issue police orders. Regarding the authority of the police, see details in Nawrocki,
Policja hitlerowska w kraju warty
, 69 ff.

12.
Letter of March 4, 1940, from district president Kalisch (Kalisz) to the Reich governor of Posen (State Archive Pozna
,
Reichsstatthalter
802, sheet 2). For Upper Silesia, in contrast, formal regulations in police order law were issued by way of a decree of October 24, 1939, by the head of the Civil Administration (CdZ) Kattowitz (Katowice) (official gazette of the
CdZ Kattowitz
, no. 21, of the same date).

13.
The Decree on the Introduction of the German Municipal Code in the Annexed Eastern Territories of December 21, 1939 (
RGBl.
I 2467), art. 3, sec. 1 ff., in conjunction with the circular of November 25, 1939 (I W 133), par. 3 (circular quoted in a letter of March 1, 1940, from the district president of Posen to the Reich Ministry of the Interior and the Reich governor of Wartheland, State Archive Pozna
,
Reichsstatthalter
802, sheet 18). See also the decree of June 28, 1940, by the district president of Posen (Gendarmerie Schrimm, 103, sheets 27–28), according to which the police order law was the exclusive domain of the district police authorities and the higher police authorities (the
Landratsamt
or the district president’s office); letters of March 31, 1941, from the Reich governor of Wartheland to the district president of Łód
(
Reichsstatthalter
1216, sheet 77), and of April 5, 1941, to the
Gau
legislation office of the NSDAP (
Reichsstatthalter
802, sheet 123).