 |
c. The other regulations
contained in the international expropriation laws.
d. The
possibilities open to the legislator.
e. The intention of the
Reich government to eliminate Jewish influence in German economic life, which
had been repeatedly published and had been mentioned in the daily press, both
domestic and foreign.
f. The possibility deriving from this,
that the value of Jewish shares in enterprises listed as Jewish in accordance
with the ordinance of 15 June 1938, would fall.
In view of all these
points I would have urgently advised the Ignaz Petschek group to follow Julius
Petschek's example and to dispose of their shares by negotiation, and not to
await a regulation by law, the substance of which would be uncertain. Thus, but
only thus, the Ignaz Petschek group could have preserved their property in the
way Julius Petschek did. For even if everything had remained as it was, i.e.,
if not only their property in shares but also the mines had been unchanged at
the end of the war, the Ignaz Petschek group together with all other
stockholders would have completely lost their property invested in these
plants. From what I learn all brown coal plants have been transferred without
compensation to Russian combines.
A. A comparison of my expert
opinion of 20 June 1938 with the decree of 3 December 1938 * promulgated 6
months later might prove that they are altogether different as regards both
their contents and their purpose. This might apply in particular also to the
trustee who was provided for.
My expert opinion merely dealt
with a transfer by law of the Ignaz Petschek group's share in the property,
which was intended by the Reich government. Therefore my draft contained two
articles only Article 1 provided for the following:
a. In
the individual case in question, "in an essential enterprise" (cf. Page 2 of
the expert opinion), "if required by the interests of German economy" (cf. page
4 of the expert opinion).
b. The possibility of a trustee being
appointed by the Plenipotentiary for the Four Year Plan, who was the highest
functionary of the German Reich government in economic questions.
c. Of a trustee, "whose competence is defined by the
Plenipotentiary for the Four Year Plan in the letter of appointment."
d. In particular for the carrying out of the transfer.
e. With the express limitation, that the transfer might be
effected in exchange for the appropriate price i.e., the full
value. |
__________ * Decree concerning the
Utilization of Jewish Property, Document 1409-PS,
Prosecution Exhibit 343, reproduced in B above.
679 |