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Von Schnitzler next proposed to the Reich authorities by letter on 10
November 1939 that Boruta, on the verge of bankruptcy and without funds for
adequate plant equipment, should be leased for 20 years to a Farben subsidiary
to be created for that purpose. Wola was to be closed down and its equipment
brought to Boruta. Von Schnitzler referred to the necessity for “a certain
permanency of conditions,” and added that, “if it should be in the
interest of the Reich to re-privatize the plant during the 20-year term, Farben
should be given priority rights as to purchase.” [NI-8380, Pros. Ex. 1141.] This
letter makes it plain that the purpose and interest of Farben from the outset
was permanent acquisition and not temporary operation. Dismantling of certain
Winnica equipment and its transfer to Boruta was also recommended. At the end
of November 1939, von Schnitzler, by letter, submitted Farben’s proposals
again to Goering, in his capacity as Plenipotentiary for the Four Year Plan,
requesting approval by the Main Trustee Office East of the earlier Farben
recommendations. The recommended lease was not executed, and in June 1940 a
decision was reached whereby Farben was allowed to purchase Boruta instead of
executing a lease. Competition developed for the purchase of the property, and
price negotiations were protracted. At the meeting of 4 December 1940, the
Farben representatives, who were acting pursuant to von Schnitzler’s
directions, made it plain that the plant should be acquired by Farben in the
interest of the German dyes producers, that the plant must continue operation,
and that it must “because of the leadership claim recognized by all
official agencies * * * be integrated into the sphere of IG dyestuffs
production,” an objective which could be achieved only through purchase.
In April 1941, von Schnitzler was advised that the Reichsfuehrer SS had decided
to allocate Boruta to Farben. The sales contract, signed by von Schnitzler, was
finally concluded on 27 November 1941, with Farben acquiring the land,
buildings, machinery, equipment, tools, furniture, and fixtures. It is
significant that the sale was made operative as of 1 October 1939, the
approximate date of the original seizure and operation by the Farben nominees.
The acquisition of the French interests, consisting of 1,006 shares of
the stock of Winnica, was arrived at by agreement with the French coincident
with the Francolor negotiations, to which reference will be later made. But we
cannot find that the French interests were deprived of their ownership against
their will and consent on the basis of the meager evidence before us concerning
the Winnica stock transfer to Farben. The evidence on the basis of which the
transfer of shares was declared invalid by the French court has not been
introduced. It would be mere surmise on our part to conclude that the French
did not agree to the Farben acquisition, particularly in view of the fact that
Farben was already, in practical effect, half owner of the |
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