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Farben. It is unnecessary to comment upon the flagrant disregard of
property rights established by these facts. The violation of the Hague
Regulations is clear and Farben's participation therein amply proven.
In the case of the oxygen and acetylene plants, referred to as
Strassbourg-Schiltigheim, similar action was taken by Farben. After first
taking a lease, Farben proceeded to, and did, acquire permanent title to the
plants following the governmental confiscation which was without any legal
justification under international law. In none of these transactions were the
rights of the owners considered.
In the case of the Diedenhofen plant,
located in Lorraine, the plant was leased to Farben but permanent title was
never acquired. Farben urged its claims to purchase upon the occupying
authorities, but the German chief of civil administration refused to
incorporate a provision for purchase in the lease agreement. For some reason
not clear from the evidence, Farben met with difficulty here. The evidence
indicates that the plant had been evacuated prior to the Farben operation. This
fact, coupled with the attitude of the German authorities and time short term
of the lease, leads us to the conclusion that, despite the intention to acquire
permanently that was manifested by Farben, the proof does not adequately
establish that the owner was deprived of the property permanently, or that its
use was withheld contrary to the owner’s wishes. We find the evidence
insufficient upon which to predicate any criminal guilt with reference to the
Diedenhofen plant.
2. The Francolor Agreement. Paragraphs 103
through 110 of the indictment charge the defendants with the plunder and
spoliation of the principal dyestuffs industries of France by means of the
socalled Francolor Agreement. The proof fully sustains the charges outlined in
this portion of the indictment. In utter disregard of the rights of the French,
Farben, acting principally through the defendants von Schnitzler, ter Meer, and
Kugler, proceeded with methods of intimidation and coercion to acquire
permanently for Farben a majority interest in a new corporation,
“Francolor,” which was organized to take over time assets of the
French concerns. The facts may be briefly summarized as follows: Three of the
major dyestuffs firms of France, prior to the war, were Compagnie Nationale de
Matières Colorantes et Manufactures de Produits Chimiques du Nord
Reunies Établissements Kuhlmann, Paris (referred to hereinafter as
Kuhlmann) Société Anonyme des Matières Colorantes et
Produits Chimiques de Saint Denis, Paris (referred to as Saint Denis) and
Compagnie Francaise (le Produits Chimiques et Matières Colorantes (le
Saint-Clair-du-Rhône, Paris (referred to as Saint-Clair-du-Rhone). These
three firms had cartel agreements with Farben, including the so-called
Franco-German Cartel Agreement, entered into |
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