Chapter VII: ), was made possible by the following Cabinet laws: Law of 4 (1)

April 1933 concerning factory representative councils and economic organizations (controlling employee representation) (1933 _Reichsgesetzblatt_, Part I, page 161) (_1770-PS_); Law of 19 May 1933 concerning Trustees of Labor (abolishing collective bargaining) (1933 _Reichsgesetzblatt_, Part I, page 285) (_405-PS_); Law of 20 January 1934 regulating National Labor (introducing leadership principle into industrial relations (1934 _Reichsgesetzblatt_, Part I, page 45) (_1861-PS_); and Law of 26 June 1935 establishing Reich Labor Service (compulsory labor service) (1935 _Reichsgesetzblatt_, Part I, page 769). (_1389-PS_)

Even the anti-Jewish Nurnberg laws of 15 September 1935, although technically passed by the Reichstag, were nevertheless worked out by the Ministry of the Interior. Dr. Franz A. Medicus, who served as _Ministerialdirigent_ in the Ministry of the Interior, made this statement in a book published in 1940 (_2960-PS_):

“* * * The work of the Reich Ministry of Interior forms the
basis for the three Nurnberg Laws passed by a resolution of the
Reichstag on the occasion of the Reich party meeting of Freedom.

“The ‘Reich Citizenship Law’ as well as the ‘Law for the
protection of German blood and German honor’ (Blood Protection
Law) opened extensive tasks for the Ministry of Interior not
only in the field of administration. The same applies to the
‘Reich Flag Law’ that gives the foundation for the complete
re-organization of the use of the flag * * *” (_2960-PS_).

(_b_) _Decrees of The Council of Ministers._ Decrees of the Council of Ministers similarly supplied the “legal” basis for other criminal actions of the Nazi conspirators. Among these laws are the following: Decree of 5 August 1940 imposing a discriminatory tax on Polish workers in Germany (1940 _Reichsgesetzblatt_, Part I, page 1077); Decree of 4 December 1941 regarding penal measures against Jews and Poles in the occupied Eastern Territories (1941 _Reichsgesetzblatt_, Part I, page 759) (_2746-PS_); and Decree of 30 June 1942 concerning the employment of Eastern Workers (1942 _Reichsgesetzblatt_, Part I, page 419). (_2039-PS_)

Almost immediately upon Hitler’s coming to power, the Cabinet participated in the Nazi conspiracy to wage aggressive war. This fact appears clearly from the minutes of the second session of the working committee of the Delegates for Reich Defense, dated 22 May 1933 and signed by Keitel (_EC-177_); from a letter dated 24 June 1935 and signed by von Blomberg, the Reichs Minister of War, which transmits a copy of the secret, unpublished Reich Defense Law of 21 May 1935 and also a copy of the decision of the Reich Cabinet of 21 May 1935 in the Council for the Defense of the Reich (_2261-PS_); and from a letter dated 5 September 1939 transmitting a copy of the secret, unpublished Reich Defense Law of 4 September 1938 (a note dated 4 September 1938 attached to this law states that the Reich Defense law of 21 May 1935 and the decisions of the Cabinet previously mentioned are repeated) (_2194-PS_). These three documents, important in the conspiracy to wage aggressive war emphasize the participation of the Reich Cabinet and Reich Ministers, through legislative enactments, in the conspiracy.

The Reich Defense Council was a creation of the Cabinet. On 4 April 1933 the Cabinet decided to form that agency (_2261-PS_). The circumstances of its creation were discussed at the meeting of 22 May 1933 (_EC-177_):

“_Thoughts about a Reich Defense Council_

“All great European powers which are at freedom to arm, have a
RVR. One does not have to refer to history to prove the
necessity of this institution. The war has shown conclusively
that the cooperation with the various ministries has not been
close enough. The consequences did not fail to materialize. The
soldier is not in a position to have a say in all matters. The
disadvantages of the past system were caused by parallel efforts
of the various ministries in matters of the Reich defense. To
avoid these mistakes a _central agency_ has been created which
occupies itself already in peacetime in the widest sense with
the problems of Reich Defense. This working staff will continue
its existence in time of war.

“In accordance with the cabinet decision of the 4 April 1933 the
Reich Defense Council, which until now had been prepared for war
emergency, will go into immediate action.

“In time of peace its task will be to decide about all measures
for the preparation of the defense of the Reich, while surveying
and utilizing all powers and means of the nation.” (_EC-177_)

The composition of the Reich Defense Council is thereupon set out. Hitler was President; the Minister of Defense was his deputy; and he, plus six more ministers (there were only ten at that time) and the Chiefs of the Army and Navy Command Staffs were permanent members. The remaining ministers, as well as “leading industrialists”, were subject to call. Of the defendants who were then members of the Council, there was von Neurath as Foreign Affairs Minister; Frick as Interior Minister, Goering as Air Minister; and Raeder as Chief of the Navy Command Staff. (_EC-177_)

The presence of Cabinet ministers was indispensable. The cabinet by that time could legislate for the Reich. It had a definite role to play in this planning, as Keitel pointed out (_EC-177_):

“_Col. Keitel_:—Points out once more the urgency of the tasks,
since it had been possible to do only very little in this
connection during the last years. He asks the delegates to
consider the Reich Defense at all times and represent it
accordingly at the drafting of new laws. Experiences of the wars
are available and are at the disposal of the various ministries;
(e.g. Reich Archives, Memorandum of an administrative official
about gasoline supply). All these sources must be taken
advantage of for the future. The task of the full time delegates
is also to bring about a close cooperation of the ministries
with each other.” (_EC-177_)

Each separate ministry, moreover, was scheduled for a definite task.

“* * * In the work plans the questions and ideas are laid down,
which have come up in the _Reichswehr_ Ministry and must be
considered in case of mobilization. Up to the present time the
support on the part of other Ministries was frequently based
only on personal helpfulness since any authority from above was
lacking. The following work plans are finished.

“_a._ Work Plan for the Reich Ministry of Economics.
Work Plan for the Reich Ministry of Food and Agriculture.
Work Plan for the Reich Ministry of Labor.

“These three are composed in one work plan for the preparation
of a war economy.

“_b._ Work Plan for the Reich Postal Ministry.

“_c._ Work Plan for the Reich Traffic Ministry.

“Request the plans to be worked through carefully by the
competent Ministries. The plans will be discussed beginning of
June, when proposals for improvements may be made. The other
Ministries which have no work plans yet will receive them later
on. The Office of Air Raid Protection will work out a work plan
in conjunction with the Reich Commissariat for Aviation.”
(_EC-177_)

The secrecy of all undertakings was stressed:

“_Security and Secrecy._”

“Question has been brought up by the Reich Ministries.

“The secrecy of all Reich Defense work has to be maintained very
carefully. Communications with the outside by _messenger
service_ only, has been settled already with the Post Office,
Finance Ministry, Prussian Ministry of the Interior and the
Reichswehr Ministry. _Main Principle of security_: No document
must be lost since, otherwise, the enemy propaganda would make
use of it. Matters communicated orally cannot be proven; they
can be denied by us in Geneva. Therefore, the _Reichswehr_
Ministry has worked out security directives for the Reich
Ministries and the Prussian Ministry of the Interior.”
(_EC-177_)

As time went on and greater concentration of power was needed, the Cabinet made changes and additions to this secret war planning body. Article 6 of the Secret Defense Law of 1935 (_2261-PS_) provided:

“(1) The Fuehrer and Reichschancellor will appoint a
plenipotentiary-general for war economy to direct the entire war
economy.

“(2) It is the task of the plenipotentiary-general for war
economy to put all economic forces in the service of carrying on
the war and to secure the life of the German people
economically.

“(3) Subordinate to him are:

The Reichsminister for Economy.
The Reichsminister for Food and Agriculture.
The Reichs Labor Minister.

The Reichs Forest Master, and all Reichs’ agencies immediately
subordinate to the Fuehrer and Reichschancellor. Furthermore the
financing of the war effort (in the province of the Reichs
Finance Ministry and of the Reichsbank) will be carried on under
his responsibility.

“(4) The Plenipotentiary-General for War Economy is authorized,
within his realm of responsibility to issue legal regulations,
which may deviate from the existing laws.” (_2261-PS_)

Schacht was named as Plenipotentiary for War Economy. It will be noted that the Reich Ministers for Food and Agriculture and for Labor, and the Reichs Forest Master (who by this time had Cabinet rank) had not been included in the original membership of the Reichs Defense Council. Darré was Minister for Food and Agriculture, Seldte for Labor, and Goering was Reich Forest Master.

On the same day the Law was passed, the Cabinet made these decisions covering the newly-created Plenipotentiary-General for War Economy (_EC-177_):

“1. The Plenipotentiary-General for War Economy appointed by the
Fuehrer and Reichschancellor will begin his work already in
peacetime * * *.

“2. The Reichsminister of War and the Plenipotentiary for War
Economy will effect the preparations for mobilization in closest
cooperation on both sides.

“3. The Plenipotentiary-General for War Economy will be a
permanent member of the Reich Defense Council
(_Reichsverteidigungsrat_). Within the working committee he
represents through his leadership staff the interests of war
economy.” (_EC-177_)

The complete reorganization of this Reich Defense Council took place in 1938, under the Secret Defense Law of 4th September of that year. By that time, there had been a reorganization of the Armed Forces: the chief of the OKW had been created and the War Ministry had been abolished (_2194-PS_). The Reich Defense Council in 1938 was composed of Goering, as permanent deputy and Minister of Air and Supreme Commander of the Air Force; Raeder as Supreme Commander of the Navy; Hess as Deputy of the Fuehrer; von Neurath as President of the Secret Cabinet Council; Frick as Plenipotentiary for the Reich Administration; Keitel as Chief of the OKW; Funk as Plenipotentiary for Economics; Ribbentrop as Minister of Foreign Affairs; Schacht as President of the Reichsbank directorate (_2261-PS_). An important part of the Reich Defense Council was the Working Committee. The minutes of the twelfth meeting of the Reich Defense Working Committee, on 14 May 1936, read (_EC-407_):

“1. _The National Minister of War and Supreme Commander of the
Armed Forces_, General Field Marshal von Blomberg, opened the
12th meeting of the Reichs Defense Committee by expressing
thanks for the work accomplished and pointing out in principle
the necessity of a preparation for a total mobilization with
emphasis on the most important measures to be taken at this
time. (Among others; mobilization schedule, legal basis,
preparations in the demilitarized zone.) He further indicates
the assignment of the national resources (_Reichsressort_) to
finance its measures for preparation of the Reichs defense out
of its budget.

“2. The _chairman_ of the _Reichs Defense_ Committee, Lieutenant
General Keitel, states:

“In today’s and future meetings of the Reichs Defense Committee
a cross section of the general situation concerning all matters
of the national defense is presented. The picture of the
situation does not appear in the reports of the meetings.

“The open discussion of State secrets before our large committee
gives the special obligation to the chairman of the Reichs
Defense Committee of pointing out its _secrecy_.

“Today’s sessions takes place under the auspices of the
restoration of the State authority in the demilitarized zone.

“The difficulties of the economic situation, which are presented
today, must be mastered.” (_EC-407_)

This Working Committee was still functioning in 1939. The Mobilization Book for Civil Administration of 1939 states, in part (_1639-A-PS_):

“D. _Terms for Mobilization Preparations by the Civil
Administration._

“The acceptance of all new measures in the Mobilization Book for
Civil Administration must be requested from the Chief of the
Reich Defense Committee (Department of State Defense in the
Armed Forces High Command).” (_1639-A-PS_)

The composition of the Working Committee was redefined by the Secret Law of 1938 as follows (_2194-PS_):

“_The Reich Defense Committee_ [_Reichsverteidigungsausschuss_]
(RVA):

“(1) The Reich Defense Committee is the working Committee of the
RVR. It prepares the decisions of the RVR, sees to their
execution, and secures collaboration between armed forces, chief
Reich offices, and party.

“(2) Presiding is the chief of the OKW. He regulates the
activity of the committee and gives the directions to the GBV
and GBW and to the Reich ministries not subordinated to them and
to the chief Reich offices according to the decisions of the
RVR, which directions are necessary for securing their uniform
execution.

“(3) The RVA is composed of the OKW, deputy of the commissioner
for the four year plan, the leader staffs of the GBV and GBW,
and the Reich Defense officials.

“(4) Chief office officials for the Reich defense
(_RV-Referenten_) and their deputies are commissioned by the
deputy of the leader, by the Reich Chancellery, by each Reich
Ministry, by the Reich Leader of the SS and chief of the German
police, by the Reich work leaders, by the Reich Forest Master,
by the Chief Inspector for the German Road Net, by the Reich
Office for Regional Order, by the Reichsbank directorate, and in
the Prussian state ministry. RV-Referent and his deputy are
immediately subordinate to the minister or the state secretary,
and to the chief of the Reich office, resp.” (_2194-PS_)

The GBV and the GBW mentioned in the portion quoted above are, respectively, the Plenipotentiaries for Administration and for Economy. Under them were grouped other ministries, some of which were already permanent members of the Council. By paragraph 3 of the Secret Law the following were made subordinate to the Plenipotentiary for Administration: the Ministers of the Interior, Justice, Science and Education, Churches; the Reich Authority for Spatial Planning; and, for limited purposes, the Minister of Finance. Subordinate to and under the direction of the Plenipotentiary for Economy (a position formerly held by Schacht under the title “War Economy” and later held by Funk) were the ministers of Economics, Food, Agriculture, Labor, and for limited purposes, the Reich Finance Ministry and the Reichsbank; the Reich Forest Master; and the Commissioner for Price Control from the 4-Year Plan.

Paragraph 5 of the law (_2194-PS_) shows that subordinated to the Chief of the OKW were the Reich Postal Minister, the Reich Transportation Minister, and the General Inspector for German Highways.

This concentration of power by the Cabinet was for one purpose only: to plan secretly with the strongest means at hand for the waging of aggressive war. Further evidence of this objective is contained in an affidavit by Frick covering the place, activities, and scope of the Reich Defense Council, including the Three-Man College (_2986-PS_):

“I, Wilhelm Frick, being first duly sworn, depose and say:

“I was Plenipotentiary for Reich Administration
(_Generalbevollmaechtigter fuer die Reichsverwaltung_) from the
time when this office was created, until 20 August 1943.
Heinrich Himmler was my deputy in this capacity. Before the
outbreak of the war my task as Plenipotentiary for Reich
Administration was the preparation of organization in the event
of war, such as, for instance, the appointment of liaison men in
the different ministries who would keep in touch with me. As
Plenipotentiary for Reich Administration, I, together with the
Plenipotentiary for Economy and OKW formed what was called a
‘3-Man College’ (_Dreierkollegium_). We also were members of the
Reich defense Council (_Reichsverteidigungsrat_), which was
supposed to plan preparations and decrees in case of war which
later on were published by the Ministerial Council for the
Defense of the Reich. Since, as soon as the war started,
everything had to be done speedily and there would have been no
time for planning, such measures and decrees were prepared in
advance in case of war. All one then still had to do was to pull
out of the drawer the war orders that had been prepared. Later
on, after the outbreak of the war, these decrees were enacted by
the Ministerial Council for the defense of the Reich.

“(_Signed_) _Dr. Wilhelm Frick_” (_2986-PS_).

* * * * *

LEGAL REFERENCES AND LIST OF DOCUMENTS RELATING TO THE REICH CABINET

│ │ │
Document │ Description │ Vol. │ Page
│ │ │
│Charter of the International Military │ │
│ Tribunal, Article 9. │ I │ 6
│International Military Tribunal, │ │
│ Indictment Number 1, Section IV (H);│ │
│ Appendix B. │ I │ 29, 68
│ ———— │ │
│Note: A single asterisk (*) before a │ │
│document indicates that the document │ │
│was received in evidence at the │ │
│Nurnberg trial. A double asterisk (**)│ │
│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. │ │
│ ———— │ │
351-PS │Minutes of First Meeting of Cabinet of│ │
│Hitler, 30 January 1933. (USA 389) │ III │ 270
│ │ │
*352-PS │Letter from Dr. Lammers to the │ │
│Plenipotentiary of Administration, 14 │ │
│June 1942, concerning the jurisdiction│ │
│of the Council of Ministers for the │ │
│Defense of the Reich. (USA 398) │ III │ 276
│ │ │
405-PS │Law Concerning Trustees of Labor, 19 │ │
│May 1933. 1933 Reichsgesetzblatt, Part│ │
│I, p. 285. │ III │ 387
│ │ │
*1141-PS │Letter from Dr. Lammers to Members of │ │
│the Council of Ministers for Defense │ │
│of the Reich, 17 September 1939. (USA │ │
│393) │ III │ 805
│ │ │
1388-PS │Law concerning confiscation of │ │
│Property subversive to People and │ │
│State, 14 July 1933. 1933 │ │
│Reichsgesetzblatt, Part I, p. 479. │ III │ 962
│ │ │
1389-PS │Law creating Reich Labor Service, 26 │ │
│June 1935. 1935 Reichsgesetzblatt, │ │
│Part I, p. 769. │ III │ 963
│ │ │
1393-PS │Law on treacherous attacks against │ │
│State and Party, and for the │ │
│Protection of Party Uniforms, 20 │ │
│December 1934. 1934 Reichsgesetzblatt,│ │
│Part I, p. 1269. │ III │ 973
│ │ │
1395-PS │Law to insure the unity of Party and │ │
│State, 1 December 1933. 1933 │ │
│Reichsgesetzblatt, Part I, p. 1016. │ │
│(GB 252) │ III │ 978
│ │ │
1396-PS │Law concerning the confiscation of │ │
│Communist property, 26 May 1933. 1933 │ │
│Reichsgesetzblatt, Part I, p. 293. │ III │ 979
│ │ │
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
│ │ │
1401-PS │Law regarding admission to the Bar, 7 │ │
│April 1933. 1933 Reichsgesetzblatt, │ │
│Part I, p. 188. │ III │ 989
│ │ │
1402-PS │The Homestead Law of 29 September │ │
│1933. 1933 Reichsgesetzblatt, Part I, │ │
│p. 685. │ III │ 990
│ │ │
*1534-PS │Eltz letter of resignation, 30 January│ │
│1937. (USA 402) │ IV │ 95
│ │ │
*1639-A-PS │Mobilization book for the Civil │ │
│Administration, 1939 Edition, issued │ │
│over signature of Keitel. (USA 777) │ IV │ 143
│ │ │
**1654-PS │Law of 16 March 1935 reintroducing │ │
│universal military conscription. 1935 │ │
│Reichsgesetzblatt, Part I, p. 369. │ │
│(Referred to but not offered in │ │
│evidence.) │ IV │ 163
│ │ │
*1701-PS │Memorandum from Frick to the Reich │ │
│Minister and Chief of the Reich │ │
│Chancellery, 9 August 1943, enclosing │ │
│draft law and memorandum of comment │ │
│thereon by Rosenberg, 22 December │ │
│1943. (USA 392) │ IV │ 203
│ │ │
1708-PS │The Program of the NSDAP. National │ │
│Socialistic Yearbook, 1941, p. 153. │ │
│(USA 255; USA 324) │ IV │ 208
│ │ │
1770-PS │Law concerning factory representative │ │
│councils and economic organizations, 4│ │
│April 1933. 1933 Reichsgesetzblatt, │ │
│Part I, p. 161. │ IV │ 343
│ │ │
*1774-PS │Extracts from Organizational Law of │ │
│the Greater German Reich by Ernst │ │
│Rudolf Huber. (GB 246) │ IV │ 349
│ │ │
1861-PS │Law on the regulation of National │ │
│labor, 20 January 1934. 1934 │ │
│Reichsgesetzblatt, Part I, p. 45. │ IV │ 497
│ │ │
1862-PS │Ordinance for execution of Four Year │ │
│Plan, 18 October 1936. 1936 │ │
│Reichsgesetzblatt, Part I, p. 887. │ IV │ 499
│ │ │
1915-PS │Decree concerning leadership of Armed │ │
│Forces, 4 February 1938. 1938 │ │
│Reichsgesetzblatt, Part I, p. 111. │ IV │ 552
│ │ │
1942-PS │Hess’ participation in legislative │ │
│process, published in Legal │ │
│Regulations and Legal Problems of the │ │
│Movement, by Dr. O. Gauweiler, p. 20. │ IV │ 584
│ │ │
1962-PS │Law to change the Penal Code of 28 │ │
│June 1935. 1935 Reichsgesetzblatt, │ │
│Part I, p. 839. │ IV │ 600
│ │ │
*1997-PS │Decree of the Fuehrer, 17 July 1941, │ │
│concerning administration of Newly │ │
│Occupied Eastern Territories. (USA │ │
│319) │ IV │ 634
│ │ │
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
│ │ │
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
│ │ │
2022-PS │Law against overcrowding of German │ │
│schools and Higher Institutions, 25 │ │
│April 1933. 1933 Reichsgesetzblatt, │ │
│Part I, p. 225. │ IV │ 651
│ │ │
2029-PS │Decree establishing the Reich Ministry│ │
│of Public Enlightenment and │ │
│Propaganda, 13 March 1933. 1933 │ │
│Reichsgesetzblatt, Part I, p. 104. │ IV │ 652
│ │ │
2030-PS │Decree concerning the Duties of the │ │
│Reich Ministry for Public │ │
│Enlightenment and Propaganda, 30 June │ │
│1933. 1933 Reichsgesetzblatt, Part I, │ │
│p. 449. │ IV │ 653
│ │ │
2031-PS │Decree establishing a Secret Cabinet │ │
│Council, 4 February 1938. 1938 │ │
│Reichsgesetzblatt, Part I, p. 112. (GB│ │
│217) │ IV │ 654
│ │ │
2039-PS │Decree concerning the conditions of │ │
│employment of Eastern workers, 30 June│ │
│1942. 1942 Reichsgesetzblatt, Part I, │ │
│p. 419. │ IV │ 655
│ │ │
2047-PS │Law for the extension of the law │ │
│concerning the removal of the distress│ │
│of People and Reich, 30 January 1937. │ │
│1937 Reichsgesetzblatt, Part I, p. │ │
│105. │ IV │ 660
│ │ │
2048-PS │Law for the extension of the law │ │
│concerning the removal of the distress│ │
│of People and Reich, 30 January 1939. │ │
│1939 Reichsgesetzblatt, Part I, p. 95.│ IV │ 660
│ │ │
2057-PS │Law relating to National Emergency │ │
│Defense Measures of 3 July 1934. 1934 │ │
│Reichsgesetzblatt, Part I, p. 529. │ IV │ 699
│ │ │
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
│ │ │
2075-PS │Decree for appointment of a chief of │ │
│organization of Germans abroad within │ │
│the Foreign Office, 30 January 1937. │ │
│1937 Reichsgesetzblatt, Part I, p. │ │
│187. │ IV │ 704
│ │ │
2076-PS │Decree of the Government concerning │ │
│formation of Special Courts, 21 March │ │
│1933. 1933 Reichsgesetzblatt, Part I, │ │
│pp. 136-137. │ IV │ 705
│ │ │
2078-PS │Decree concerning establishment of │ │
│Ministry for Science, Education and │ │
│Popular Culture, 1 May 1934. 1934 │ │
│Reichsgesetzblatt, Part I, p. 365. │ IV │ 706
│ │ │
2082-PS │Law relating to the Reich Chamber of │ │
│Culture of 22 September 1933. 1933 │ │
│Reichsgesetzblatt, Part I, p. 661. │ IV │ 708
│ │ │
2083-PS │Editorial control law, 4 October 1933.│ │
│1933 Reichsgesetzblatt, Part I, p. │ │
│713. │ IV │ 709
│ │ │
2089-PS │Decree relating to Reich Air Ministry,│ │
│5 May 1933. 1933 Reichsgesetzblatt, │ │
│Part I, p. 241. │ IV │ 719
│ │ │
2090-PS │Decree relating to coordination of │ │
│Jurisdiction of Reich and Prussia in │ │
│relation to church affairs, 16 July │ │
│1935. 1935 Reichsgesetzblatt, Part I, │ │
│p. 1029. │ IV │ 720
│ │ │
2091-PS │Decree of the Fuehrer and Reich │ │
│Chancellor appointing a Reich Minister│ │
│for Armaments and Munitions, 17 April │ │
│1940. 1940 Reichsgesetzblatt, Part I, │ │
│p. 513. │ IV │ 720
│ │ │
2092-PS │Decree of the Fuehrer for │ │
│concentration of war economy, 2 │ │
│September 1943. 1943 │ │
│Reichsgesetzblatt, Part I, p. 529. │ IV │ 721
│ │ │
2093-PS │First Executive Order relating to │ │
│transfer of forestry and hunting │ │
│matters to the Reich, 12 July 1934. │ │
│1934 Reichsgesetzblatt, Part I, p. │ │
│617. │ IV │ 723
│ │ │
2094-PS │Decree of Fuehrer and Reich Chancellor│ │
│concerning Reich Labor Leader in Reich│ │
│Ministry ofInterior, 30 January 1937. │ │
│1937 Reichsgesetzblatt, Part I, p. 95.│ IV │ 723
│ │ │
2095-PS │Decree of Fuehrer on Establishment of │ │
│Supreme Reich Authority—“The Reich │ │
│Labor Leader”, 20 August 1943. 1943 │ │
│Reichsgesetzblatt, Part I, p. 495. │ IV │ 724
│ │ │
2097-PS │Decree of Fuehrer and Reich Chancellor│ │
│relating to designation of Chief of │ │
│Praesidialkanzlei, 1 December 1937. │ │
│1937 Reichsgesetzblatt, Part I, p. │ │
│1317. │ IV │ 724
│ │ │
*2098-PS │Decree relating to Status of Supreme │ │
│Commanders of Army and Navy, 25 │ │
│February 1938. 1938 Reichsgesetzblatt,│ │
│Part I, p. 215. (GB 206) │ IV │ 725
│ │ │
2099-PS │Fuehrer decree relating to Chief of │ │
│Party Chancellery of 29 May 1941. 1941│ │
│Reichsgesetzblatt, Part I, p. 295. │ IV │ 725
│ │ │
2100-PS │Decree on position of leader of Party │ │
│Chancellery, 24 January 1942. 1942 │ │
│Reichsgesetzblatt, Part I, p. 35. │ IV │ 726
│ │ │
2101-PS │Decree of Fuehrer and Reich Chancellor│ │
│concerning Inspector General of German│ │
│Highways administration of 3 April │ │
│1941. 1941 Reichsgesetzblatt, Part I, │ │
│p. 192. │ IV │ 727
│ │ │
2102-PS │Decree of Fuehrer and Reich Chancellor│ │
│concerning Inspector General for Water│ │
│and Power, 29 July 1941. 1941 │ │
│Reichsgesetzblatt, Part I, p. 467. │ IV │ 727
│ │ │
2103-PS │Decree of Fuehrer on Cabinet │ │
│Legislation, 10 May 1943. 1943 │ │
│Reichsgesetzblatt, Part I, p. 295. │ IV │ 729
│ │ │
*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
│ │ │
2231-PS │Excerpt from von Stutterheim, “Die │ │
│Reichskanzlei” (1940), pp. 19-34. │ IV │ 873
│ │ │
*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
│ │ │
*2307-PS │Law concerning reunion of Austria with│ │
│German Reich, 13 March 1938. 1938 │ │
│Reichsgesetzblatt, Part I, p. 237. (GB│ │
│133) │ IV │ 997
│ │ │
2355-PS │Second Law relating to right to vote │ │
│for Reichstag, 18 March 1938. 1938 │ │
│Reichsgesetzblatt, Part I, p. 258. │ IV │ 1098
│ │ │
*2380-PS │Articles from National Socialist │ │
│Yearbook, 1935. (USA 396). │ V │ 6
│ │ │
*2473-PS │Extracts from National Socialist │ │
│Yearbook, 1943, showing party │ │
│positions of other Cabinet members in │ │
│1943. (USA 324) │ V │ 226
│ │ │
2550-PS │Law on modification of rules of │ │
│general criminal procedure, 16 │ │
│September 1939. 1939 │ │
│Reichsgesetzblatt, Part I, p. 1841. │ V │ 293
│ │ │
*2608-PS │Frick’s lecture, 7 March 1940, on “The│ │
│Administration in Wartime”. (USA 714) │ V │ 327
│ │ │
2746-PS │Decree concerning organization of │ │
│Criminal Jurisdiction against Poles │ │
│and Jews in Incorporated Territories, │ │
│4 December 1941. 1941 │ │
│Reichsgesetzblatt, Part I, pp. │ │
│759-761. │ V │ 386
│ │ │
2847-PS │Extracts from Reichs Ministerialblatt,│ │
│1933, regarding Cabinet change in the │ │
│Common Business Order of Reich │ │
│Ministries, para. 57c, the Circulation│ │
│of Drafts. │ V │ 509
│ │ │
2848-PS │File memorandum from files of Council │ │
│of Ministers, initialled L. │ V │ 510
│ │ │
2849-PS │Extract from The Third Reich, Vol. 4, │ │
│p. 81. │ V │ 511
│ │ │
*2852-PS │Minutes of meetings of Council of │ │
│Ministers for Reich Defense. (USA 395)│ V │ 512
│ │ │
2957-PS │Extract from German Civil Servants │ │
│Calendar, 1940, p. 111. │ V │ 663
│ │ │
*2959-PS │The Reich Minister, published in New │ │
│Formation of Justice and Economy, p. │ │
│66. (USA 399) │ V │ 664
│ │ │
*2960-PS │The Reich Ministry of Interior, │ │
│published in Publications on the State│ │
│Structure. (USA 406) │ V │ 668
│ │ │
2961-PS │Regulations for the leadership of the │ │
│German People, 1940, p. 62. │ V │ 668
│ │ │
*2964-PS │Memorial meeting of the Reich Cabinet,│ │
│published in Voelkischer Beobachter, │ │
│Munich edition, 1 February 1937. (USA │ │
│401) │ V │ 672
│ │ │
2970-PS │Extracts concerning The New │ │
│Construction of the State from New │ │
│Formation of Law and Economy. │ V │ 677
│ │ │
*2986-PS │Affidavit of the defendant, Wilhelm │ │
│Frick, 19 November 1945. (USA 409) │ V │ 688
│ │ │
*2999-PS │Affidavit of Hans Heinrich Lammers, 22│ │
│November 1945. (USA 391) │ V │ 725
│ │ │
3787-PS │Report of the Second Meeting of the │ │
│Reich Defense Council, 25 June 1939. │ │
│(USA 782) │ VI │ 718
│ │ │
*3863-PS │Extracts from Operations in the Third │ │
│Reich by Lammers. (GB 320) │ VI │ 786
│ │ │
*D-138 │Decree of 27 July 1934, providing for │ │
│participation of Fuehrer’s deputy in │ │
│the drafting of all legislation. (USA │ │
│403) │ VI │ 1055
│ │ │
*D-139 │Letter from Hess to Goebbels, 9 │ │
│October 1934, concerning participation│ │
│in legislation of the Reich. (USA 404)│ VI │ 1056
│ │ │
*D-140 │Letter from Lammers to Reich │ │
│Ministers, 12 April 1938. (USA 405) │ VI │ 1057
│ │ │
*EC-177 │Minutes of second session of Working │ │
│Committee of the Reich Defense held on│ │
│26 April 1933. (USA 390) │ VII │ 328
│ │ │
*EC-407 │Minutes of Twelfth Meeting of Reichs │ │
│Defense Council, 14 May 1936. (GB 247)│ VII │ 462
│ │ │
**Chart No. 6 │Reich Cabinet and Subsidiaries. │ │
│(Enlargement displayed to Tribunal.) │ VIII │ 775
│ │ │
*Chart No. 18 │Organization of the Reich Government. │
│(2905-PS; USA 3) │ End of VIII

4. THE STURMABTEILUNG (SA)

The _Sturmabteilung_, or SA, is the organization which the world remembers as the “Brown Shirts” or Storm Troops—the gangsters of the early days of Nazi terrorism. Since it was the first of the organizations created by the Nazis as instruments to effectuate their illegal objectives, the SA occupied a place of peculiar importance in the scheme of the conspirators. Unlike some of the other organizations, the functions of the SA were not fixed or static. The SA was an agency adapted to many designs and purposes, and its role in the conspiracy changed from time to time various phases toward the final objective—abrogation of the Versailles Treaty and acquisition of the territory of other peoples and nations. If the conspiracy is likened to a pattern, with its various parts fitting together like the pieces of a jig-saw puzzle, the piece representing the SA would be found to constitute the essential link in the pattern.

The SA participated in the conspiracy as a distinct and separate unit, having a legal character of its own. An ordinance passed in March, 1935, provided that the SA and certain other agencies were thereafter to be considered “components” of the Nazi Party (_1725-PS_). This ordinance further provided, in Article 5, that:

“* * * The affiliated organizations can possess their own legal
character.” (_1725-PS_)

Similarly, the 1943 Organization Book of the Nazi Party which characterizes the SA as an “entity,” declares:

“The Fuehrer prescribes the law of conduct; he commands its use.
The Chief of Staff represents the SA as a complete entity on the
mandate of the Fuehrer.” (_3220-PS_)

While the SA was composed of many individual members, they acted as a unit. They were closely bound together by many common factors, including uniform membership standards and disciplinary regulations; a common and distinctive uniform; common aims and objectives; common activities, duties, and responsibilities; and a fanatical adherence to the ideologies conceived by the Nazis. Although membership in the SA was voluntary, the SA man was expected to withdraw if

“he can no longer agree with SA views or if he is not in a
position to fulfill completely the duties imposed upon him as a
member of the SA.” (_2354-PS_)

The SA man was well schooled in the philosophies and activities which he was required to adopt in his daily life. Uniformity of action and thought in such matters was in part obtained by the publication and distribution of a weekly periodical entitled “_Der SA-Mann_.” This publication was principally devoted to fostering various aspects of Nazi ideology. In addition, “_Der SA-Mann_” reported upon the activities of the SA and its constituent groups.

The SA developed from scattered bands of street ruffians into a cohesive unit organized on a military basis, with military training and military functions, and with an aggressive spirit and philosophy. The organization extended throughout the entire Reich and was organized vertically into local subdivisions. Horizontally, there were special units including military, cavalry, communications, engineer, and medical units. These various groups and branches were coordinated by the SA Headquarters and operational offices, located in Munich.

A. _The Relationship Between The SA and The Nazi Party._

The affiliation between the SA and the Nazi leaders was closely maintained, for the purpose of enabling the conspirators to employ the SA for any activity necessary in effectuating the objectives of the conspiracy. The SA was conceived and created by Hitler, in 1921, at the very inception of the conspiracy. Hitler retained the direction of the SA throughout the conspiracy, delegating responsibility for its leadership to a Chief of Staff. Goering was an early leader of the SA, and maintained close connection with it throughout the conspiracy. Hess participated in many of the early battles of the SA and was leader of an SA group in Munich. Frank, Streicher, von Schirach, and Sauckel each held the position of _Obergruppenfuehrer_ in the SA, a position corresponding to the rank of Lieutenant General; and Bormann was a member of the Staff of the SA High Command.

The close relationship between the SA and leaders of the Nazi Party is demonstrated by the fact that the _Hoheitstraeger_ (Bearers of Sovereignty) of the Nazi Leadership Corps were authorized to call upon the SA for assistance in carrying out particular phases of the Party program. For example, at page 71 of the Organization Book of the Nazi Party (1943 edition) the following statement is made (_1893-PS_):

“The _Hoheitstraeger_ is responsible for the entire political
appearance of the Movement within this zone. The SA leader of
that zone is tied to the directives of the _Hoheitstraeger_ in
that respect.

“The _Hoheitstraeger_ is the ranking representative of the Party
to include all organizations within his zone. He may requisition
the SA located within his zone for the respective SA leader if
they are needed for the execution of a political mission. The
_Hoheitstraeger_ will then assign the mission to the SA * * *.

“Should the _Hoheitstraeger_ need more SA for the execution of
political mission than is locally available, he then applies to
the next higher office of sovereignty which, in turn, requests
the SA from the SA office in his sector.” (_1893-PS_)

This close relationship is further shown by an ordinance for the execution of a Hitler decree (_2383-PS_):

“The leader of affiliated organizations, as well as the leaders
of the party women’s organization, are subordinate to the
sovereign bearer (_Hoheitstraeger_) politically, functionally,
disciplinarily, and personally.”

* * * * * *

“The formations of the NSDAP, with exception of the SS, for whom
special provisions apply, are subordinated to the sovereign
bearer (_Hoheitstraeger_) politically and in respect to
commitment. Responsibility for the leadership of the units rests
in the hands of the unit leader.” (_2383-PS_)

It was in compliance with the authority of the Leadership Corps that the SA was used in the seizure of trade union properties.

In addition, the SA demonstrated its close affiliation to the Nazi Party by participating in various ways in election proceedings. A pamphlet entitled “The SA,” depicting the history and general activities of the SA, written by an SA Sturmfuehrer upon orders from SA Headquarters, declares that the SA stood—

“at the foremost front of election fights.” (_2168-PS_)

Further evidence of the close relationship between the SA and Nazi leaders is found in the distribution list of the confidential publication of the Nazi Leadership Corps, which shows that this strictly confidential magazine was distributed to Lieutenant-Generals and Major-Generals of the SA. (_2660-PS_)

The interest and participation of Nazi leaders in the activities of the SA is clearly shown in the issues of “_Der SA-Mann_” for the period from 1934 to March 1939 (_3050-A-E-PS_). Throughout these volumes there appear photographs of Nazi leaders participating in SA activities. The following are descriptions of a few of these photographs, together with the page numbers upon which they appear:

Photograph of Himmler, Huhnlein (Fuehrer of NSKK) and
Lutze, bearing caption: “They lead the soldiers of
National Socialism,” 15 June, 1935, p. 1.

Photograph of Hitler at SA Ceremony, carrying SA Battle
Flag. The picture bears the caption: “As in the fighting
years the Fuehrer, on Party Day of Freedom, dedicates
the new regiments with the Blood Banner,” 21 September,
1935, p. 4.

Photograph of Lutze and Hitler, 19 September, 1936, p.
4.

Photograph of Hitler and SA officers, 1 January, 1938,
p. 3.

Photograph of Streicher with SA men, and reviewing SA
Troops, 25 November, 1938, p. 1.

Photograph of Goering in SA uniform reviewing SA
marching troops under the caption: “Honor Day of the
SA,” 21 September, 1935, p. 3.

Photographs of Goering, Hess, and Hitler in SA uniform
at the ceremonies dedicated to SA men killed in the
Munich Putsch, 16 November, 1935, p. 3.

Photograph of Goering marching in SA uniform, 19
September, 1936, p. 3.

Photographs of Goering at ceremonies held upon occasion
of his being made Obergruppenfuehrer of the
Feldherrnhalle Regiment of the SA, 23 January, 1937, p.
3.

Photograph of Goering leading Feldherrnhalle Regiment of
SA in parade, 18 September, 1937, p. 3.

The work of the SA did not end with the seizure of the German government by the Nazis, but affiliation between the SA and Nazi leaders continued thereafter. The importance of the SA in connection with the Nazi Government and control of Germany is shown by the law of 1 December 1933 entitled, “The Law on Securing the Unity of Party and State” (_1395-PS_):

“* * * The Deputy of the Fuehrer and the Chief of Staff of SA
become members of the Reich Government in order to insure close
cooperation of the offices of the Party and SA with the public
authorities.” (_1395-PS_)

Similarly, a decree promulgated by Hitler providing for supervision of premilitary training by the SA declares:

“The offices of the Party and State are to support the SA in
this training program and to value the possession of the
certificate for the SA military insignia.” (_2383-PS_)

The complete control of the SA by the Nazis at all times is shown by the so-called “Roehm Purge” of June 1934 (see _2407-PS_). Roehm had been Chief of Staff of the SA for several years, and was responsible for the development of SA into a powerful, organization. SA members were required to take a personal oath of fidelity to Roehm. But when his policies conflicted with those of the Nazi leaders, he was removed, murdered, and replaced by Victor Lutze. This drastic action was accomplished without revolt or dissension in the ranks of the SA, and with no change in its objectives or program. The SA remained “a reliable and strong part of the National Socialist Movement * * * full of obedience and blind discipline,” whose function was to “create and form the new German citizens.” (_2407-PS_)

The importance of the SA in the Nazi plan for the utilization of the people of Germany is shown in Hitler’s pronouncement “The Course for the German Person,” which appears in the issue of “_Der SA-Mann_” for 5 September 1936, at page 22. Hitler’s statement reads as follows:

“The boy, he will enter the Young Volk, and the lad, he will
enter the Hitler Youth, the young man will go into the SA, in
the SS, and in other units, and the SA and SS men will one day
enter into the labor service and from there to the Army, and the
soldier of the Volk will return again into the Organization of
the Movement, the Party, in the SA and SS and never again will
our Volk decay as it once was decayed”.

Thus the SA was constantly available to the conspirators as an instrument to further their aims. It was natural that Victor Lutze, the former Chief of Staff of the SA, in a pamphlet entitled “The Nature and Tasks of the SA,” declared:

“The SA cannot be independent of the National Socialist Movement
but can only exist as a part of it.” (_2471-PS_)

B. _Participation by the SA in the Conspiracy._

The principal functions performed by the SA in furtherance of the objectives of the conspiracy may be classified into four distinct phases, each of which corresponds with a particular phase in the progression of the conspiracy.

The first phase consists of the use of the SA and its members as the instrument for the dissemination of Nazi ideology throughout Germany. The employment of SA for this purpose continued throughout the entire period of the conspiracy. In the second phase, the period prior to the Nazi seizure of power, the SA was a militant group of fighters whose function was to combat all opponents of the Party. In the third phase, the period of several years following the Nazi seizure of power, the SA participated in various measures designed to consolidate the control of the Nazis, including the dissolution of the trade unions, the persecution of the church, and Jewish persecutions. During this period the SA continued to serve as a force of political soldiers whose purpose was to combat members of political parties considered hostile to the Nazi Party. The fourth aspect of SA activities consisted of its employment as an agency for the building up of an armed force in Germany in violation of the Treaty of Versailles, and for the preparation of the youth of Germany for the waging of an aggressive war.

(1) _The Propagation of Nazi Doctrine._ From the very start the Nazi leaders emphasized the importance of the SA’s mission to disseminate Nazi doctrines. The responsibility of propagating National Socialist ideology remained constant throughout. This is shown in an excerpt from _Mein Kampf_ in which Hitler declared:

“* * * As the directing idea for the inner training of the
_Sturmabteilung_, the intention was always dominant, aside from
all physical education, to teach it to be the unshakeable
convinced defender of the National Socialist idea.” (_2760-PS_)

Hitler’s pronouncement as to the function of SA in this respect became the guiding principle of SA members, for _Mein Kampf_ was taken to express the basic philosophy of the SA. The Organization Book of the Nazi Party declares that the training of SA members should consist of—

“The training and rearing upon the basis of the teachings and
aims of the Fuehrer as they are put down in ‘Mein Kampf’ and in
the Party program, for all spheres of our life and our National
Socialist ideology.” (_2354-PS_)

The Party Organization Book also declares that the SA is the

“training and rearing instrument of the Party.” (_2354-PS_)

Similarly, in an article which appeared in “_Der SA-Mann_”, at page 1 of the issue of January 1934, the functions of the SA were set forth as follows:

“First, to be the guaranty of the power of the National
Socialist State against all attacks from without as well as from
within.

“Second, to be the high institute of education of the people for
the living National Socialism.”

The function of the SA as propagandist of the Party was more than a responsibility which SA took unto itself. It was a responsibility recognized by the law of Germany. The law for “Securing the Unity of Party and State,” promulgated by the Reich Cabinet in 1933, provided:

“The members of the National Socialistic German Labor Party and
the SA (including their subordinate organizations) as the
leading and driving force of the National Socialist State will
bear greater responsibility toward Fuehrer, people and State.”
(_1395-PS_)

As the principal ideology bearers of the Nazi Party SA members were “the soldiers of an idea,” to use the expression employed by Nazi writers. Examples of the use of the SA as Nazi propagandist will be seen in the description of the other functions performed by the SA. For in each case the SA combined its propagandist responsibility instrument with the other functions which it performed in furtherance of the conspiracy.

(2) _Strong-Arm Terrorization of Political Opponents._ In the early stages of the Nazi Movement the SA combined propaganda with violence along the lines expressed by Hitler in _Mein Kampf_:

“The Young Movement from the first day, espoused the standpoint
that its idea must be put forward spiritually but that the
defense of this spiritual platform must, if necessary, be
secured by strong-arm means.” (_2760-PS_)

So that the Nazis might better spread their philosophies, the SA was employed to gain possession and control of the streets for the Nazis. Its function was to beat up and terrorize all political opponents. The importance of this function is explained in a pamphlet written by SA Sturmfuehrer Bayer, upon orders from SA Headquarters (_2168-PS_):

“Possession of the streets is the key to power in the State—for
this reason the SA marched and fought. The public would have
never received knowledge from the agitative speeches of the
little Reichstag faction and its propaganda or from the desires
and aims of the Party if the martial tread and battle song of
the SA Companies had not beat the measure for the truth of a
relentless criticism of the state of affairs in the governmental
system. They wanted the young Movement to keep silent. Nothing
was to be read in the press about the labor of the National
Socialists, not to mention the basic aims of its platform. They
simply did not want to awake any interest in it. However, the
martial tread of the SA took care that even the drowsiest
citizens had to see at least the existence of a fighting troop.”
(_2168-PS_)

And in _Mein Kampf_ Hitler defined the task of the SA as follows:

“We have to teach the Marxists that the master of the streets in
the future is National Socialism, exactly as it will once be the
Master of the State.” (_2760-PS_)

The importance of the work of SA in the early days of the Movement was indicated by Goebbels in a speech which appeared in _Das Archiv_ in October 1935:

“* * * The inner-political opponents did not disappear due to
mysterious unknown reasons but because the Movement possessed a
strong-arm within its organization and the strongest strong-arm
of the Movement is the SA * * *.” (_3211-PS_)

Specific evidence of the activities of the SA during the early period of the Nazi Movement (1922-31) is to be found in a series of articles appearing in “_Der SA-Mann_” entitled, “SA Battle Experiences Which We Will Never Forget.” Each of these articles is an account of a street or meeting-hall battle waged by the SA against a group of political opponents in the early days of the Nazi struggle for power. These articles demonstrate that during this period it was the function of SA to employ physical violence in order to destroy all forms of thought and expression which might be considered hostile to Nazi aims or philosophy.

The titles of these articles are sufficiently descriptive to constitute evidence of SA activities. Some of these titles, together with the page and reference of “_Der SA-Mann_” upon which they appear, follow:

Article entitled: “We subdue the Red Terror,” 24 February, 1934: p. 4. Article entitled: “Nightly Street Battles on the Czech Border,” 8 September, 1934: p. 12. Article entitled: “Street Battle in Chemnitz,” 6 October, 1934: p. 5. Article entitled: “Victorious SA,” 20 October, 1934: p. 7. Article entitled: “SA Against Sub-Humanity,” 20 October, 1934: p. 7. Article entitled: “For the Superiority of the Street,” 10 November, 1934: p. 10. Article entitled: “The SA Conquers Rastenburg,” 26 January, 1936[_sic_]: p. 7. Article entitled: “Company 88 Receives its Baptism of Fire,” 23 February, 1935: p. 5. Article entitled: “Street Battles at Pforghein,” 23 February, 1935: p. 5. Article entitled: “The SA Breaks the Red Terror,” 1 June, 1935: p. 7. Article entitled: “The Blood Sunday of Berlin,” 10 August, 1935: p. 10. Article entitled: “West Prussian SA Breaks the Red Terror in Christburg,” 24 August, 1935: p. 15. Portrait symbolizing the SA Man as the “Master of the Streets,” entitled, “Attention: Free the Streets,” 11 September, 1937: p. 1. Article entitled: “9 November, 1923, in Nurnberg,” 30 October, 1937.

As an example of the nature of these articles, the article appearing in the Franken Edition of “_Der SA-Mann_” for 30 October 1937, at page 3, is typical. It is entitled: “9 November 1923 in Nurnberg,” and reads in part as follows: