Chapter V

(1) This law shall take effect as of 1st April 1936.

(2) The honorary members of the People’s Court appointed on the basis the former regulations continue to remain in office according to their appointment hitherto. The same holds good with regard to members who have to be qualified for the judge’s office. On 31st October 1936 however those are being eliminated who will not have been appointed up to this date to main official members of the People’s Court.

(3) If members of the German Supreme Court and Reich Prosecutors are being transferred to the People’s Court up to 1st April 1937, they will receive in case of their being retired at least the pension to which they would have been entitled if they had remained in their former positions at the German Supreme Court.

Berlin, 18. April 1936

The Fuehrer and Reich Chancellor
Adolf Hitler

The Reichministry of Justice
Dr. Guertner

The Reichministry of Finances
Count Schwerin von Krosigk

The Reich War Ministry and Supreme
Commander of the Armed Forces
von Blomberg

TRANSLATION OF DOCUMENT 2344-PS

RECONSTRUCTION OF A NATION

[Aufbau Einer Nation]

by Hermann Goering, 2nd Edition, Published by E. S. Mittler & Son,
Berlin 1934, [Page 89].

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Against the enemies of the State, we must proceed ruthlessly. It cannot be forgotten that at the moment of our rise to power, according to the official election figures of March 1933, six million people still confess their sympathy for Communism and eight million for Marxism.... _Therefore, the concentration camps have been created, where we have first confined thousands of Communists and Social Democrat_ functionaries.

* * * * * * *

PARTIAL TRANSLATION OF DOCUMENT 2347-PS

1935 REICHSVERWALTUNGSBLATT, Vol. 56, No. 29, Pages 577-578, dated 20
July 1935

(Editorial Board: A. Mirow, _Dr. H. H. Lammers_, H. Pfundtner, Dr. O.
Koellreutter, Dr. F. A. Medicus)

II. COURT DECISIONS

Survey of decisions of the Supreme Administrative Court [Oberverwaltungsgericht]

Police in General

(Rush-reprint)

Since the Law on the Secret State Police [Geheime Staatspolizei] of 30 November 1933 (GS.S. 419) became effective, decisions of the Office of the Secret State Police [Geheimes Staats Polizeiamt] can no longer be contested according to the provisions of the Law on the Administration of Police. The only remedy against them is a complaint to the superior authority.

Legal status of the Bureau of the Secret State Police according to the Law on the Secret State Police of 30 November 33.

On September 4 1934 the Association Secretary filed a suit against the Secret State-Police at the District-Administrative Court in Berlin. The association asserted that on 23 August 1934 their president had been informed by two officials of the office of the Secret State-Police that the assets of the association would be sequestrated for the purpose of an eventual confiscation.

With the decision of 1 November 1934 the District-Administrative Court decided to dismiss the suit.

The appeal of the plaintiff against this decision could not have any success.

The District-Administrative Court in this case dismissed the suit on the ground of the inadmissibility of such an action to this court. According to the principle of enumeration quoted by the judge of first instance a suit can be filed with the administrative courts only if legal provisions expressively rule to that effect. The right of legal redress as provided by the law relating to the Police-Administration applies according to the wording of this law only to the police orders issued by the ordinary police-authorities, i.e. the police-authorities of the community, the district, or the province. The sequestration order in question has not been issued by an ordinary police-authority; on the contrary it had been issued by the Office of Secret State-Police, the legal status of which has been provided by the Law of 30 November 1933.

With this law an authoritative status was given to the Secret State-Police which was basically different from the one at the time it was created, based on the Law of 26 April 1933. By virtue of this last-mentioned law, the Office of the Secret State-Police should act in political matters “at the side of or in the place of the ordinary police-authorities” and “should have the status of a Province-Police-Authority”....

This legal status was changed, as the District-Administrative-Court properly recognized, when the “Secret State-Police” was created. An authoritative organization was created thus, the status of which is expressly determined by law to be exempt from the sphere of the Minister of Interior, otherwise competent in all Police matters.