 |
| [occupa...] tion. Under the compulsion of these circumstances, the
representatives of the French majority of Norsk-Hydro were forced to permit
purchase of the preemptive rights in the new Norsk-Hydro stock by the German
interests, including Farben and the other nominees of the Reich. In this manner
the French majority was converted into a minority interest. We have carefully
weighed the conflicting evidence and the defenses of fact urged with respect to
this matter. It is our conclusion that the French shareholders were deprived of
their majority interest in Norsk-Hydro under compulsion resulting from the
ever-present threat of seizure of the physical properties of Norsk-Hydro in
occupied Norway and that their participation in Nordisk-Lettmetall was not
voluntary. The action was in violation of the Hague Regulations, and those who
knowingly became parties to the entire transaction must be held guilty under
count two. |
| |
| C. Plunder and Spoilation in France |
| |
| 1. Alsace-Lorraine. Paragraph 111 of the indictment
recites: |
| |
“The German Government
annexed Alsace-Lorraine, and confiscated the plants located there which
belonged to French nationals. Among the plants located in this area were. the
dyestuffs plant of Kuhlmann's Société (les Matières
Colorantes et Produits Chimiques de Mulhouse, the oxygen plants, the Oxygene
Liquide Strassbourg-Schiltigheim (Alsace) , and the factory of the Oxhydrique
Francaise in Diedenhofen (Lorraine). Farben acquired these plants from the
German Government without payment to or consent of the French
owners.” |
| Farben’s action in occupied Alsace-Lorraine followed the
pattern developed in Poland. The Mulhausen plant of the Société
(les Produits Chimiques et Matières Colorantes de Mulhouse, located in
Alsace, was leased by the German chief of civil administration to Farben on 8
May 1941. The plant had been taken possession of pursuant to the general
authorization by the Reich for the confiscation of French property. Farben went
into possession even prior to the execution of a lease in its favor for the
purpose of starting production again. It is clear from the terms of the lease
agreement that temporary operation in the interest of the local economy was not
contemplated, and that the lease was purely transitional to permanent
acquisition by Farben. It contained express provisions obligating the lessor,
the chief of the civil administration in Alsace, representing the Nazi
government, to sell the plant and its facilities to Farben as soon as the
general regulations and official decrees allowed it. Pursuant to this clause a
formal governmental decree of seizure and confiscation, transferring the
property to the German Reich, was entered on 23 June 1943. This was followed by
the sale on 14 July 1943 to |
1146 |
. 
