14 Dec. 45

folkdom." By Section 9 of this decree, issued by Defendant Göring confiscation of sequestrated property was authorized "if the public welfare, particularly the defense of the Reich, or the strengthening of German folkdom, so requires." However, Section 1, Subsection 2, of the decree provided that property of German nationals was not subject to sequestration and confiscation; and Section 13 provided that sequestration would be suspended if the owner of the property asserted that he was a German. The decree, on its face, indicates very clearly a purpose to strip Poles, Jews, and dissident elements of their property. It was, moreover, avowedly designed to promote Germanism.

We ask the Court to take judicial notice of it. It is in the Reichsgesetzblatt.

Apparently some question arose at one point as to whether the decree required that a determination be made in each case, involving the property of a Pole, that the property was required "for the public welfare, particularly in the interests of Reich defense or the strengthening of German folkdom." The answer supplied by the conspirators was firm and clear. In any case in which the property of a Pole is involved, the "strengthening of German folkdom" required its seizure. In this connection I offer in evidence document Number R-92, which is Exhibit Number USA-312. This document, which is dated 15 April 1941, bears the letterhead of the Reich Leader SS, commissioner for the consolidation of German nationhood, and is entitled, "Instruction for Internal Use on the Application of the Law Concerning Property of the Poles, of 17 September 1940." This document was captured by the U.S. Counter-Intelligence Corps. I quote from Page 2, lines 11 to 14 of the English text. In the German text this statement appears at Page 3, Paragraph 2, Subparagraph 2. I quote:

"The objective conditions permitting seizure according to Section II, Subsection 2(a), are to be assumed whenever, for example, the property belongs to a Pole, for the Polish real estate will be needed without exception for the preservation of the German folkdom."
In the Government General Defendant Frank promulgated a decree on 24 January 1940 authorizing sequestration for the "performance of tasks serving the public interest" and liquidation of "anti-social or financially unremunerative concerns." The decree is embodied in the Verordnungsblatt of the Government General, Number 6, 27 January 1940, Page 23; and we ask the Tribunal to take judicial notice of it. The undefined criteria in this decree obviously empowered Nazi officials in the Government General to engage in wholesale seizure of property.