 |
Farben’s Managerial Organization and Delegations
The Aufsichtsrat: The period of Farben’s corporate exist
ence with which this inquiry is concerned was characterized by (a) a
decrease in the numerical composition of its governing boards, and (b)
an increase in the number and variety of subordinate groups within those
bodies, to which great measures of discretionary authority and executive duties
were delegated.
All or a great number of the leading personalities of
its predecessor firms were placed on one or the other of the boards, as a
result whereof the first Aufsichtsrat comprised fifty-five members and the
Vorstand eighty-two. As these bodies were too cumbersome for effective
supervision and management of the new corporation, smaller select groups were
constituted from each board to perform most of the duties with which each was
charged.
The Vorstand
Original Vorstand Working
Committee (Arbeitsanschuss). The Vorstand in 1926 comprised over
eighty members. From its membership a “Working Committee” of
twenty-six was selected, pursuant to the bylaws, to undertake the actual
management of the corporation, and continued to function as its responsible
management until 7 April 1938, when it was abolished in conformity with the
statutory reform of 1937, which did not sanction such delegation of authority
and function by the Vorstand.
The following defendants were members of
the Working Committee, to wit: Krauch (1929-38); Schmitz (1926-38); von
Schnitzler (1926-38); Gajewski (1929-38); Hoerlein (1931-38); von Knieriem
(1931-38); ter Meer (1926-38); Schneider (1937-38); Buetefisch (1933-38);
Ilgner (1933-38); Kuehne (1926-38); Mann (1931-38); Oster (1929-38); Wurster
(1938); Gattineau (1932-35).
The
Reorganized Vorstand (1938). With the passing of the Working
Committee, the position of deputy Vorstand member was abolished; the numerical
composition of the Vorstand was reduced to less than thirty, and membership
restricted to persons actively participating in the management and direction of
Farben. The roster of the new Vorstand was made up largely of the old Working
Committee, the fifteen defendants listed above, except Gattineau, and five
other defendants, to wit: Ambros, Buergin, Haefliger, Jaehne and
Lautenschlaeger, all of whom served until 1945. Schmitz was chairman from 1926
to 1945.
Vorstand Duties and
Responsibilities. The revised articles of incorporation adopted by Farben
in 1938 provided (Art. III, par. 11 (1) ) that the Vorstand “shall conduct
on its own responsibility the business of the Corporation in such manner as the
welfare of the enterprise and of its employees as well as the general utility
of the |
1239 |
. 
