7 Jan. 46
I refer to Document Number 3433-PS, the Decree
concerning the Constitution of the German Evangelical Church, dated July
14, 1933, appearing in the Reichsgesetzblatt, 1933, Part I, Page
471, and request that the Court take judicial notice of it.
It is too well known to require documentation that the new Reich
Bishop, Bishop Müller, heeded the voice of his Nazi masters. One of
his first steps was to maneuver the Evangelical Youth Association into
the Hitler Jugend under the Defendant Von Schirach in December 1933. In
proof of this I refer to Document Number 1458 (a)=PS, already in
evidence as part of Document Book D. This is an excerpt from Von
Schirach's book,
By 1935 it had become evident that more than persuasion by the
Reich Bishop was necessary. Consequently the Nazi conspirators
promulgated a number of public laws which, under innocent sounding
titles, gradually wove a tight net of state control over all the affairs
of the Evangelical churches. We ask that the Court take judicial notice
of these laws published in the Reichsgesetzblatt. These may be
briefly summarized as follows: 3434-PS, "Law concerning Procedure
for Decisions in Legal Affairs of the Evangelical Church," dated 26
June 1935, signed by Hitler and Frick, appearing in 1935 in Reichsgesetzblatt,
Part I, Page 774. This gave the Reich Minister of the Interior, the
Defendant Frick, when question was raised in a civil lawsuit, sole
authority to determine the validity of measures taken in the Evangelical
state churches, or in the German Evangelical Church since May 1, 1933.
3435-PS, "First Ordinance for Execution of the Law concerning
Procedure for Decisions in Legal Affairs of the Evangelical Church,"
dated July 3, 1935, appearing in 1935 Reichsgesetzblatt, Part I,
Page 851. This implemented the earlier law, by setting up an Office for
Decisions with three members appointed by the Reich Minister of the
Interior.
3466-PS, "Decree to Unite the Competences of Reich and Prussia in
Church Affairs," dated July 16, 1935, signed by Hitler, published
in 1935 Reichsgesetzblatt, Part 1, Page 1029. This transferred to Reich
Minister without Portfolio Kerrl the Church Affairs hitherto handled by
the Reich and Prussian Ministries of the Interior and for Science,
Education, and Training of the Population.
3436-PS, "Law for the Safeguarding of the German Evangelical
Church," dated 24 September 1935, published in the 1935 Reichsgesetzblatt,
Part I, Page 1178, signed by Hitler and the Minister for Church Affairs,
Dr. Kerrl. This empowered the Reich Minister of Church Affairs to issue
ordinances with binding legal force.
3437-PS, "Fifth Decree for Execution of the Law for the
Safeguarding of the German Evangelical Church," dated 2 December