I pass now to Page 37 of the report and quote under Section 3:

“Besides the most important prerequisites mentioned in 1) and 2)

to restore calm in the Government General, security of property

among non-agricultural people must also be guaranteed, insofar

as it is not counter to the urgent needs of war. Expropriation

or confiscation without compensation in the industrial sector,

in commerce and trade, and of other private property, should not

take place in any case if the owner or the custodian has not

committed an offense against the German authorities. If the

taking over of industrial enterprises, commercial concerns, or

real estate is necessary for reasons connected with the war, one

should proceed in every case in such a way as to avoid hardship

and under guarantee of appropriate compensation. Such a

procedure would on the one hand further the initiative of Polish

business men, and on the other hand avoid damage to the

interests of German war economy.

“4) In any attempt to influence the attitude of the Poles,

importance must be attached to the influence of the Catholic

Church which cannot be overestimated. I do not deny that the

Catholic Church has always been on the side of the leading

fighters for an independent national Poland. Numerous priests

also made their influence felt in this direction even after the

German occupation. Hundreds of arrests were carried out among

them. A number of priests were taken to concentration camps and

also shot. However, in order to win over the Polish population,

the Church must be given at least a legal status even though it

might not be possible to co-operate with it. It can without

doubt be won over to reinforce the struggle of the Polish people

against Bolshevism, especially today under the effect of the

crime of Katyn, for the Church would always oppose a Bolshevist

regime in the Vistula area, if only out of the instinct of

self-preservation. To achieve that end, however, it is necessary

to refrain in the future from all measures against its activity

and its property, insofar as they do not run directly counter to

war requirements.

“Much harm has been done even quite recently by the closing of

monasteries, charitable institutions, and church

establishments.”

THE PRESIDENT: I had thought that your extracts were going to be brief.

But you have now read from Page 53 to Page 65.

DR. SEIDL: Mr. President, this document is the only one of this kind

which is available to me, and in view of the fact that the Prosecution

has quoted in full only those passages which the Defendant Dr. Frank

himself criticized most severely, I consider it my duty now to read a

number of passages, to quote them, in order to give the entire picture

correctly and to show what the Defendant Dr. Frank really intended to

achieve with this document. I shall only quote a few more lines and then

I will pass to another document.

THE PRESIDENT: I had hoped that one or two extracts from that document

would show what the Defendant Frank was putting forward—one or two

paragraphs.

DR. SEIDL: I will go on to the next document, Mr. President, that is on

Page 68, the affidavit by the witness Dr. Bühler, which I presented to

the witness today and which has been given the document number Frank-1;

Page 68 in the document book.

On Page 70 there appears Exhibit USA-473 (Document Number L-49). If I

remember correctly this document has already been read in full by the

Prosecution, and I would like to ask the Court only to take judicial

notice of that also in the defense of Dr. Frank.

On Page 72 of the document book is an affidavit of the former

Kreishauptmann, Dr. Albrecht. To be exact I have to state that this is

not really an affidavit in the true sense of the word. It is only a

letter which Kreishauptmann Dr. Albrecht sent to me through the General

Secretary of the Tribunal. I then returned the letter in order to have

it sworn to by the witness, but I have to say that until now that sworn

statement has not been returned, so that for the time being this exhibit

would only have the material value of a letter. Therefore I ask the

Tribunal to decide whether that document can be accepted by the Tribunal

as an exhibit in the form of a letter.

THE PRESIDENT: I think the Tribunal did consider that matter before when

your application was before it. They will accept the document for what

it is worth. If you get the document in affidavit form you will no doubt

put it in.

DR. SEIDL: Yes. That will be Document Number Frank-7. I forego the

quoting of the first points and proceed directly to Page 74 of the

document book and I quote under Section 4:

“Dr. Frank’s fight against the exploitation and neglect of the

Government General in favor of the Reich. Conflict with Berlin.

“The first meeting with Dr. Frank occurred shortly after the

establishment of the Government General in the autumn of 1939,

in the Polish district capital Radom, where the 10 Kreis chiefs

of this district had to report concerning the condition of the

population in their administrative district and the problem of

reconstructing, as quickly and effectively as possible, the

general as well as the administrative and economic life. What

struck one most was the keen awareness of Dr. Frank and his deep

concern about the area entrusted to him. This found expression

in the instructions not to consider or treat the Government

General or allow it to be treated, as an object of exploitation

or as a waste area, but rather to consider it as a center of

public order and an area of concentration at the back of the

fighting German front and at the gates of the German homeland,

forming a link between the two. Therefore the loyal native

inhabitants of this country should have claim to the full

protection of the German administration as citizens of the

Government General. To this end the constant efforts of all

authorities and economic agencies would be demanded by him, also

constant control through supervisors, which would be personally

superintended by him in periodical inspection trips with the

participation of the specialized central offices. In this way,

for instance, the two districts which were administered by me

were inspected by him personally three times in 4 years.

“In face of the demands of the Berlin central authorities, who

believed it possible to import more from the Government General

into the Reich than the former could afford, Dr. Frank asserted

vigorously the political independence of the Government General

as an ‘adjunct of the Reich’ and his own independence as being

directly subordinated only to the Supreme Head of the State, and

not to the Reich Government. He also instructed us on no account

to comply with demands which might come to us on the basis of

personal relations with the authorities by whom we were sent, or

with the ministries concerned; and if by so doing we came into

conflict with our loyalty to the Reich, which was equally

expected of us, to report to him about it. This firm attitude

brought Dr. Frank the displeasure of the Berlin government

circles, and the Government General was dubbed ‘Frankreich.’ A

campaign of calumny was initiated in the Reich against him and

against the entire administration of the Government General by

systematically generalizing and exaggerating regrettable

ineptitudes and human weaknesses of individuals, at the same

time attempting to belittle the actual constructive

achievements.”

I should like to ask the Tribunal merely to take official notice of

Section 5, also Section 6, and I will only quote from Section 7.

“7) Dr. Frank as an opponent of acts of violence against the

native population, especially as an opponent of the SS.

“Besides the exploitation and the pauperization of the

Government General, the accusation of the enslaving of the

native population as well as deporting it to the Reich, and many

atrocities of various kinds which have appeared in the newspaper

reports on the Nuremberg War Crimes Trial, were interpreted as

serious evidence against Dr. Frank. As far as atrocities are

concerned, the guilt lies not with Dr. Frank but in some measure

with the numerous non-German agitators and provocateurs who,

with the growing pressure on the fighting German fronts,

increased their underground activity; but more especially with

the former State Secretary for Security in the Government

General, SS Obergruppenführer Krüger, and his agencies. My

observations in this respect are sketchy, because of the strict

secrecy of these offices.

“On the other hand, Dr. Frank went so far in meeting the Polish

population that this was frequently objected to by his German

compatriots. That he did the correct thing by his stand for the

just interests of the Polish population is proved, for example,

by the impressive fact that barely a year and a half after the

defeat of the Polish people in a campaign of 18 days, the

concentration of German army masses against Russia in the Polish

area took place without any disturbance worth mentioning, and

that the Eastern railroad was able, with Polish personnel, to

move the troop transports up to the most forward unloading

points without being delayed by acts of sabotage.”

Trial of the Major War Criminals Before the International Military Tribunal, Nuremburg, 14 November 1945-1 October 1946, Volume 12 · 第 20 / 47 题