M. HERZOG: Thank you. I have no more questions.

DR. SERVATIUS: Witness, the document which was last submitted to you,

L-61, from Saarlandstrasse, is not in the original, but it contains the

words: “Signed, Sauckel.” The Defendant Sauckel has informed me that it

is possible he did not sign it himself, but that he may have been

informed, in a general way only, that there were letters about one thing

and another—routine office correspondence—and he might have given

authority for them to be signed. Is that possible?

TIMM: It was like this; the departments in Saarlandstrasse...

THE PRESIDENT: Dr. Servatius, did Sauckel state that in evidence, or are

you telling us simply what he said to you? Do you remember?

DR. SERVATIUS: I cannot say exactly whether he stated that here.

THE PRESIDENT: Go on then.

DR. SERVATIUS: [_Turning to the witness._] Answer the question.

TIMM: Yes. As Sauckel continued to exercise his functions as Gauleiter

in Weimar, it sometimes happened that things did not reach him. The

sections in Saarlandstrasse submitted their drafts to the personal

adviser in Thuringia House, and it is quite possible—as I know from my

own knowledge of conditions—that the contents of the drafts were

transmitted by telephone, and that the personal advisers were authorized

to sign the name of the Plenipotentiary General.

DR. SERVATIUS: Was the mail so extensive that he did not take exact

cognizance of individual letters?

TIMM: That is hard for me to judge.

DR. SERVATIUS: That is enough. One more question:

Führer—Sauckel—Speer. Is it true that the Defendant Sauckel told you

that the Führer had ordered him to fulfill all Speer’s demands?

TIMM: I do not know whether exactly such a statement was made.

DR. SERVATIUS: We have shown you the document in which Laval complains

about the conduct of the German authorities. Did this complaint refer to

Sauckel’s activities, or was it not that he had told Sauckel of these

complaints and was thanking him personally for his attitude?

TIMM: I recall from the talks with Laval, that Laval repeatedly

expressed his gratitude to Sauckel for having put into effect measures

and means for facilitating matters which he had suggested. Laval

attached special importance—to use his own expression—to putting the

climate and the atmosphere in order, and to having talks with Hitler

himself as soon as possible; and he asked Sauckel to pave the way for

him. As far as I know, Sauckel did actually arrange for talks of this

kind and Laval thanked him for doing so.

DR. SERVATIUS: I have no more questions for this witness.

THE TRIBUNAL (Mr. Biddle): The job of the GBA was to get workmen to

replace the men who had been taken into the Army out of industry. That

was largely your work, was it not?

TIMM: The task of the GBA was much more comprehensive, as previously all

the tasks...

THE TRIBUNAL (Mr. Biddle): Well, I understand, but that was part of your

work, was it not?

TIMM: Yes.

THE TRIBUNAL (Mr. Biddle): All right. Now, you were therefore told

beforehand the number of people that the Army was taking out of

industry, weren’t you, so you could make up your estimates?

TIMM: The numbers were adjusted in the Central Planning Board. It was

precisely the task of the Central Planning Board, that the plans made in

the OKW...

THE TRIBUNAL (Mr. Biddle): Wait a minute. I don’t care who examined the

figures, but your organization certainly had knowledge of the needs of

the Army, of the number of people the Army was taking out of industry.

You had to have that information, had you not?

TIMM: The number of men to be drafted was reported to the Central

Planning Board.

THE TRIBUNAL (Mr. Biddle): All right, reported to the Central Planning

Board. Now then, they were taking people out of industry also who were

not needed for the Army, weren’t they? I mean Jews. They were taking

Jewish people out of industry, were they not? Sauckel said yesterday

that Jewish people were being taken out of industry. You admit that,

don’t you?

TIMM: Yes. Jews were eliminated from industry.

THE TRIBUNAL (Mr. Biddle): All right; and I suppose the Central Planning

Board was given the number of Jewish people that were taken out of

industry, were they not?

TIMM: I do not know that. In the conferences at which I was present...

THE TRIBUNAL (Mr. Biddle): Do you not assume that that must have been

the case, if they had to find the number of replacements. It must have

been so, mustn’t it?

TIMM: I cannot judge as to that because I learned only the total number

of men to be drafted, independently of the Jewish question. I will not

venture an opinion; I do not know.

THE TRIBUNAL (Mr. Biddle): Do you not know that Himmler and the SS told

the Central Planning Board the number of Jews that were being taken out

of industry for whom replacements were needed? You know that as a fact,

don’t you?

TIMM: No.

THE TRIBUNAL (Mr. Biddle): You do not?

TIMM: No. I know only that we received certain statements from the

Reichsführer SS that people were being taken out of industry, and owing

to the objections of the Plenipotentiary General, who had to supply the

replacements—I remember that this measure was partly withdrawn.

THE TRIBUNAL (Mr. Biddle): And you do know that one of the duties of the

Reichsführer SS was to withdraw Jews from industry? You know that?

TIMM: I know from statements in reports that Jews were to be withdrawn

from industry.

THE TRIBUNAL (Mr. Biddle): That is all.

THE PRESIDENT: The witness may retire and the Tribunal will adjourn.

[_A recess was taken._]

[_The witness Hildebrandt took the stand._]

THE PRESIDENT: Will you state your full name.

HUBERT HILDEBRANDT (Witness): Hubert Hildebrandt.

THE PRESIDENT: Will you repeat this oath after me: I swear by God—the

Almighty and Omniscient—that I will speak the pure truth—and will

withhold and add nothing.

[_The witness repeated the oath._]

THE PRESIDENT: You may sit down.

DR. SERVATIUS: Witness, you were working in the office of Sauckel, is

that correct?

HILDEBRANDT: Yes.

DR. SERVATIUS: You were subordinate to Timm. What was your special

field?

HILDEBRANDT: In the Reich Ministry of Labor from 1930 I dealt with

questions concerning labor for the iron and metal industry, the chemical

industry, and the textile industry. After 1940 I also dealt with

questions concerning workers in the West.

DR. SERVATIUS: Regional questions in the West?

HILDEBRANDT: Yes; in France, Belgium, and Holland; some of those

questions.

DR. SERVATIUS: You must remember to pause before you answer. Did you

have any general idea about what happened in Sauckel’s office?

HILDEBRANDT: No; I did not.

DR. SERVATIUS: But you participated in the staff conferences?

HILDEBRANDT: Yes; I was present at most of those.

DR. SERVATIUS: And in that way you found out, to a certain extent, about

what happened in other offices?

HILDEBRANDT: Yes.

DR. SERVATIUS: I want to ask you especially about conditions in France.

What was the position of the Plenipotentiary General for the Allocation

of Labor in France?

HILDEBRANDT: The Plenipotentiary General for the Allocation of Labor in

France, just as in other occupied countries, had appointed special

deputies who transmitted his wishes, and helped to carry out these

wishes and these tasks. The organization of the entire labor strength

from the occupied western territories remained in the hands of the

German military or civil administrative offices there.

DR. SERVATIUS? So he did not have an organization of his own?

HILDEBRANDT: The first deputy in France tried to establish an

organization of his own, but after a short time he met with the

opposition of the German administrative offices, and the offices which

he had established in the meantime were taken over by the military

commander.

DR. SERVATIUS: What was the position of the military commander?

HILDEBRANDT: The military commander was and remained responsible for the

entire allocation of the labor in his district, and also for the labor

sent from his district to Germany.

DR. SERVATIUS: What was the position of the German Embassy?

HILDEBRANDT: The German Embassy took the leading part in all

negotiations which were to be carried out by the Plenipotentiary General

or his deputies, with French Government offices.

DR. SERVATIUS: What was the position of the French Government as regards

the allocation of labor?

HILDEBRANDT: The French Government made agreements with the

Plenipotentiary General concerning the carrying out of his programs, and

ordered its own offices to carry out certain tasks, especially when

compulsory labor was introduced in France. It published the necessary

decrees and gave the necessary directives to the subordinate offices.

DR. SERVATIUS: And who had the executive power to recruit labor? Was

that done by the French or the Germans?

HILDEBRANDT: One must distinguish between two periods. When it was still

a question of recruiting volunteers, until the fall of 1942 these

volunteers could report to German offices as well as to French offices;

and also to recruiting offices which had been established by German

firms, and some by branches of the Wehrmacht. After the introduction of

compulsory labor, the administrative executive for the carrying out of

the decrees rested solely with the French authorities.

DR. SERVATIUS: And what happened when somebody did not report?

HILDEBRANDT: Then a first summons to appear was received from the French

authorities, and then repeated summonses, and if these proved to be

unsuccessful the French authorities called in the French police.

DR. SERVATIUS: Were those who did not come brought before the courts?

HILDEBRANDT: I assume that that may have happened sometimes. I do not

know for certain.

DR. SERVATIUS: German or French courts?

HILDEBRANDT: French courts, according to French regulations.

DR. SERVATIUS: What would be your estimate of the number of voluntary

workers who came from France to Germany?

HILDEBRANDT: The number of voluntary workers from France, until the

middle of 1942—but I can only give approximate figures from memory...

DR. SERVATIUS: Please, just the approximate figure.

HILDEBRANDT: Something over 200,000. After the compulsory labor decree

had been introduced in the course of 1942, there were still voluntary

recruitments as well on a fairly large scale. The number of volunteers

was, at times, considerably larger than the number of conscripts, so

that altogether more than half of all the labor recruited in France

consisted of volunteers. It is noticeable that women were only recruited

if they volunteered. There was no compulsory service for them. With

regard to the compulsory labor assignments moreover, it must be pointed

out that a number of them were only formal. In reality these people had

come voluntarily, but for economic reasons, or out of consideration for

their relatives and friends in their home towns, they attached

importance to being conscripted. We had compulsory labor assignments

which were only put on an official basis afterwards. Such requests

reached the German labor offices especially during the last months

before the end of the war; and the Foreign Office requested the

Plenipotentiary General to approve such demands, and that was done.

DR. SERVATIUS: Did you hear anything in your department about recruiting

measures such as the surrounding of churches, cinemas, and similar

places in France?

HILDEBRANDT: No; I do not know of any such recruiting measure. I know

that in France, as well as in Belgium, identity papers were controlled

among members of the age groups which had been called up to register.

DR. SERVATIUS: You were also probably in Paris, and you spoke to the

German authorities there; is that right?

HILDEBRANDT: Yes. Every time I was in Paris I took the opportunity to

talk to members of the offices about current events.

DR. SERVATIUS: Did they not tell you about things which must have

surprised you?

HILDEBRANDT: With each major task we carried out we had some

difficulties, of course, and certain excesses. Once it was reported to

me, among other things, that there were impossible conditions in the

“Pépinière”—a camp, a kind of transit camp for people who had to leave.

These conditions were reported immediately to the Town Major of Paris

who remedied matters. Then there were irregularities in the recruiting

in Marseille, where recruiting agents used blackmail. This was also

stopped immediately.

Beyond that, a fairly large number of individual cases were brought to

me. These were minor difficulties about vacations, salaries, and so

forth, which I transmitted each time to the competent offices for

further action.

DR. SERVATIUS: Was it part of your official duties to follow these

things up?

HILDEBRANDT: As far as they came within my sphere, I took the necessary

steps immediately. As far as it was the business of other departments I

immediately transferred them to those departments for further attention.

DR. SERVATIUS: Witness, I did not ask what you did, but whether it was

your official duty to look after these things.

HILDEBRANDT: The general problems of recruiting and statistical checking

of programs came within my field of duty. Questions of housing, pay, and

transport were dealt with by other departments. Of course, when I found

out about bad conditions it was my duty to investigate them at once, if

only in the interests of further recruiting.

We considered it of the greatest importance that every abuse should be

stopped immediately, because it was only in this way that further

recruiting of volunteers could be guaranteed. Labor conscription was

therefore looked on as a last resort.

DR. SERVATIUS: Witness, I would like to know whether it was your

official duty, or your moral duty to look after these things?

HILDEBRANDT: In this case it was my moral duty as well as my official

duty.

DR. SERVATIUS: As regards the way transports were effected, I have one

question. Mention has been made of irregularities on transports. That is

why I would like you to tell us what steps you took to have the

transports that came from France supervised and directed. Can you

describe that briefly?

HILDEBRANDT: A special department was created in the office of the

military commander in France for the carrying out of transports. For

each man who went to Germany, it was already settled to what firm he was

to be sent. The recruiting was effected on the basis of planned

contracts and definite working conditions, so that it was known what

route could be chosen for the journey. Transports were assembled to

include as many as possible, so that a definite number of workers would

go in the same direction and to the same firm.

DR. SERVATIUS: Witness, these details are of less interest to me than

the question of how you conducted these transports and kept a check on

them when something irregular happened on the way.

HILDEBRANDT: In giving a few details, I only wanted to indicate that

there was a detailed check made of every person intended for Germany.

For each transport there was an exact list of the persons and of the

firms to which they were sent. The transports were given guides who

brought them to their destination, and there they were turned over to

the presidents of the regional labor offices whose duty it was to take

further care of them.

DR. SERVATIUS: I should like to put a concrete case to you. A case has

been reported here of a transport train which was left in the Saar

district, and when it was opened, after a few days, most of the people

had been frozen to death. Did you have control of such trains? Should

that have been reported to you? Could that train have been sent upon

your orders? How do you explain that?

HILDEBRANDT: Such an incident would have become known to us immediately.

As the coming of transports was reported beforehand to the presidents of

the regional labor offices, we were informed immediately when they did

not arrive. That happened frequently, namely, when difficulties arose

because of some emergency on the way, and a transport was held up—for

instance, in the last days of the war, when traffic obstructions caused

by bomb damage had to be cleared away, and so on. We could then

immediately have inquiries made concerning the transports, which was

always done. I know nothing of the case which you have just mentioned.

DR. SERVATIUS: Witness, you must speak more slowly. The interpreters

cannot possibly follow.

Will you state your opinion as to the incident, which I have described,

of the train with the people who froze to death in the Saar district.

HILDEBRANDT: The incident could not possibly have occurred on transports

of labor recruits. The transports were well prepared.

DR. SERVATIUS: You have said that before.

HILDEBRANDT: Yes.

DR. SERVATIUS: How do you explain then, the case of that transport?

HILDEBRANDT: I learned for the first time through the press during the

last few months that the SS also conducted transports to Germany, and

that conditions such as you have just described are said to have been

present.

DR. SERVATIUS: Witness, were you present during the negotiations between

Sauckel and Laval?

HILDEBRANDT: Yes, I was frequently present.

DR. SERVATIUS: In what kind of atmosphere were these negotiations

conducted?

HILDEBRANDT: These negotiations were conducted in a friendly manner; but

occasionally, especially when promises on the part of the French

Government had not been kept, quite violent disputes occurred. Any real

difficulties, however, did not as a rule arise during these

negotiations. Arrangements were made concerning the number of people who

were to be sent to Germany. As a matter of principle, Laval was always

willing to put manpower at the disposal of Germany.

DR. SERVATIUS: And what, in particular, were the relations between Laval

and Sauckel? Did Laval speak well of Sauckel or not?

HILDEBRANDT: M. Laval expressed his gratitude from time to time for the

way in which things had been made easier for France, too. For instance,

as regards the status of French prisoners of war, the permission given

to the wives of French workmen to visit their husbands, and the taking

over of welfare work for the relatives of the French workmen in Germany.

All these things, as I have said, took the form of agreements whereby

one party put labor at the disposal of the other party, and that party

in return gave back manpower or granted other advantages. Laval

certainly expressed repeatedly his urgent wish to do more for Germany if

he could only be given political advantages for it. Therefore, he asked

the Plenipotentiary General repeatedly to make it possible for him to

have discussions with the Führer in order to create a favorable

atmosphere in France for further efforts.

DR. SERVATIUS: Did these friendly relations prevail until the end?

HILDEBRANDT: Until the last negotiation, which I think took place at the

end of 1944.

DR. SERVATIUS: Mr. President, I believe the question of relève and

“transformation” has been clarified sufficiently, so that I need not

question the witness about it again.

[_Turning to the witness._] Witness, in what manner did the negotiations

with the German military commander take place? Did Sauckel give orders

there? Was he the highest authority, or was it the military commander?

HILDEBRANDT: The negotiations were never carried out in the form of a

transmission of orders. The Plenipotentiary General described the

situation in Germany and what needs...

DR. SERVATIUS: Witness, you can be very brief.

HILDEBRANDT: I only want to say the following: Of course, the military

commander, as was the case with the civil administration in Holland, was

more interested in receiving orders to be filled than in sending

manpower to Germany, and that led to conflict. The authorities, however,

had to be convinced in each instance that manpower must be sent to

Germany—for agricultural work, for example, which could not be done in

Holland, and also for a number of branches of the German armaments

industry.

DR. SERVATIUS: Witness, a few questions now concerning Belgium and

Northern France: Was the position of Sauckel as regards the chief

authorities there the same as in France on the whole; and was everything

conducted similarly, or were there any differences?

HILDEBRANDT: No, the conditions were the same as in France, only that

the deputies of the Plenipotentiary General were, from the very

beginning, incorporated into the military administration.

DR. SERVATIUS: Did you receive any reports or discover anything yourself

about irregularities in that territory?

HILDEBRANDT: Yes. There were isolated cases of irregularities. For

instance, I was informed one day that reprisals were to be taken against

relatives of members of age groups who had not appeared when they were

called up. We stopped that immediately by discussing the matter with the

representatives of the military commander.

DR. SERVATIUS: And how did Sauckel negotiate with the military commander

there?

HILDEBRANDT: He also told him what he wanted. Von Falkenhausen was, of

course, also interested in the first place in having orders for the

German armaments industry carried out in Belgium; but it was also agreed

that manpower should be sent to Germany. He certainly made frequent

efforts to protect students, school children, and members of younger age

groups.

DR. SERVATIUS: Witness, I will show you the minutes of an interrogation

of General Von Falkenhausen on 27 November 1945. I want you to look at a

few sentences. If you take Page 2, you will find there in the middle of

the page, in answer to the question: “Is the witness in a position...”

THE PRESIDENT: What is the number of the document?

DR. SERVATIUS: It is Document Number RF-15.

[_Turning to the witness._] It is the following question:

“Is the witness in a position to define to us the limitations of

his powers and the competence of the administration for the

Allocation of Labor?”

Answer by General Von Falkenhausen:

“Up to a certain time there was a labor office in my territory

which was concerned with the recruiting of voluntary workers. I

cannot remember the exact date any longer—it may have been in

the fall of 1942—when the labor office was put under Sauckel;

and from then on I had only to carry out the orders I received

from him.”

Is this position of the military commander in relation to Sauckel

correct?

HILDEBRANDT: It is not quite correct in several points. In Belgium there

was not just one labor office, but a number of labor offices which dealt

with the recruiting of volunteers, and also a number of recruiting

offices which worked with them. But from the very beginning these labor

organizations worked under the supervision of the Feldkommandanturen in

Belgium. These Feldkommandanturen were offices of the military

commander. There was no question of the Plenipotentiary General taking

over the work. Before he appointed his deputies he could only send his

requests directly to the military administration, to General Von

Falkenhausen, but not directly to a labor office.

DR. SERVATIUS: What were the conditions in Holland? Who was the

competent district head there?

HILDEBRANDT: It was the Reich Commissioner.

DR. SERVATIUS: And was there a deputy of Sauckel’s with him?

HILDEBRANDT: Yes, a deputy was appointed there too, who was a member of

the administration of the Reich Commissioner.

DR. SERVATIUS: Who issued the labor service decrees there?

HILDEBRANDT: The Reich Commissioner.

DR. SERVATIUS: And who carried out the recruiting? German or Dutch

offices?

HILDEBRANDT: As far as I remember there were Dutch labor offices. The

heads of these labor offices were Germans; the rest of the personnel was

mainly Dutch. These offices took the necessary steps for the allocation

of labor.

DR. SERVATIUS: Now, I have one more question concerning Germany. The

metal industries came into your field, did they not?

HILDEBRANDT: Yes.

DR. SERVATIUS: Krupp, for instance.

HILDEBRANDT: Yes.

DR. SERVATIUS: What kind of reports did you receive about conditions in

the Krupp works as far as the welfare of the workmen was concerned?

HILDEBRANDT: I had no unfavorable reports about Krupp. The personal

adviser of the Plenipotentiary General, Landrat Berk, visited the Krupp

works frequently and informed me of the requests made by the firm and of

the impressions he had received, but he never said that proper care was

not taken of foreign workmen. I myself never visited the Krupp firm

during the war.

DR. SERVATIUS: I have no more questions for the witness.

THE PRESIDENT: Do any of the German counsel want to ask questions?

Prosecution?

M. HERZOG: Mr. President, we have the same problems here. The Tribunal

has already heard explanations on these points. The Tribunal is in

possession of the documents which I have submitted, and I have,

therefore, no questions to put to the witness.

THE PRESIDENT: The witness can retire.

[_The witness left the stand._]

DR. SERVATIUS: Then with the permission of the Tribunal, I will call the

witness Stothfang.

[_The witness Stothfang took the stand._]

THE PRESIDENT: Would you state your full name?

WALTER STOTHFANG (Witness): Walter Stothfang.

THE PRESIDENT: Will you repeat these words after me: I swear by God—the

Almighty and Omniscient—that I will speak the pure truth—and will

withhold and add nothing.

[_The witness repeated the oath._]

THE PRESIDENT: You may sit down.

DR. SERVATIUS: Witness, what was your position with Sauckel?

STOTHFANG: I was personal adviser to the Plenipotentiary General for the

Allocation of Labor.

DR. SERVATIUS: When did you assume that position?

STOTHFANG: One year after the Plenipotentiary General for the Allocation

of Labor had assumed office; that was on 19 April 1943.

DR. SERVATIUS: Was the witness Timm there when you came?

STOTHFANG: Yes.

DR. SERVATIUS: And the witness Hildebrandt?

STOTHFANG: Yes.

DR. SERVATIUS: What orders did you receive when you came?

STOTHFANG: The Plenipotentiary General for the Allocation of Labor did

not give any special personal directives because his general principles

could be clearly seen in his decrees and in his program, and I only

started work 1 year later.

DR. SERVATIUS: Before that, had you already been in the Ministry of

Labor?

STOTHFANG: Yes, I had been connected with that type of work since 1926;

and for the last 8 years I was the personal assistant of State Secretary

Dr. Syrup in the Ministry of Labor.

DR. SERVATIUS: Was it a considerable change when you came to Sauckel?

STOTHFANG: No.

DR. SERVATIUS: What did your colleagues in the office tell you about the

whole work, and Sauckel’s attitude to the work?

STOTHFANG: The work, as such, was carried out according to principles

and decrees which were not essentially different to previous ones. In

practice of course, they were much more far reaching than anything

hitherto.

DR. SERVATIUS: Did you work very closely with Sauckel in your sphere?

You were his personal assistant.

STOTHFANG: As far as that was necessary for carrying out the task of the

Plenipotentiary General for the war effort. Sauckel was not only

Plenipotentiary General for the Allocation of Labor, but at the same

time he had remained Reichsstatthalter and Gauleiter in Thuringia.

Besides that, during the last 1½ years of his activities, he was very

much occupied with the construction of an underground factory in Kahle,

in Thuringia; so that he...

DR. SERVATIUS: We will come back to that later.

STOTHFANG: ...could only be in Berlin from time to time; at the most 1

day a week, and often only half a day.

DR. SERVATIUS: And what was your task as his personal adviser?

STOTHFANG: We had to receive incoming mail, sort out what had to be

reported, and pass on the rest to the competent departments. We also had

to submit newly arrived drafts to the Plenipotentiary General.

DR. SERVATIUS: Who called staff conferences? Do you know that?

STOTHFANG: That was generally done by the office.

DR. SERVATIUS: You always attended these conferences?

STOTHFANG: Yes, from the time I first came into the office.

DR. SERVATIUS: Did you participate in conferences to which individual

members returned from so-called inspection trips and made their reports?

STOTHFANG: Later that no longer happened or only very seldom. It was

only in the beginning.

DR. SERVATIUS: That you were present, or that inspection trips took

place?

STOTHFANG: No; that reports were made.

DR. SERVATIUS: There were fewer reports later?

STOTHFANG: Yes.

DR. SERVATIUS: What was the reason for that?

STOTHFANG: I do not know the reason.

DR. SERVATIUS: During the period when you were present, did you learn of

anything particularly shocking as regards irregularities in Germany? We

will include transports to Germany, transit camps, the work shops

themselves, the camps, and the factories.

STOTHFANG: I myself found out about some irregularities on the occasion

of inspection trips which I made on orders, but these were at once

discussed with the competent offices and steps were taken to put a stop

to them.

DR. SERVATIUS: Sauckel had to work with a number of offices. Was there

any special opposition to overcome here?

STOTHFANG: With the exception of two cases, no.

DR. SERVATIUS: What cases were these?

STOTHFANG: One was the Party Chancellery; and the other was the

Reichsführer SS and Chief of the Secret State Police.

DR. SERVATIUS: Do you know of specific instances in the case of the

Reichsführer SS?

STOTHFANG: The general treatment of foreign workers—particularly of

those coming from the East—as far as it was determined by the

Reichsführer SS or the principles laid down by the Reichsführer SS, was

contrary to the ideas of the Plenipotentiary General for the Allocation

of Labor. The Reichsführer SS was not inclined to meet the far-reaching,

definite demands of the Plenipotentiary General for the Allocation of

Labor. The same thing happened, in other directions, in the case of the

head of the Party Chancellery.

DR. SERVATIUS: In what directions?

STOTHFANG: For example, where social insurance was concerned. In this

case the Party Chancellery was of the opinion that equality with German

workers was not justified on either practical or political grounds; nor

was as high a rate of pay.

DR. SERVATIUS: And what did Sauckel say to that?

STOTHFANG: He tried, again and again, to regulate all these matters

according to his principles. In some things he was definitely

unsuccessful, and in others he was successful only after great efforts.

I would remind you of the equal status given to the Eastern Workers

which was actually only put into effect in March 1945 through a decree.

DR. SERVATIUS: Did you receive any special reports from the Gauleiter

who were appointed deputies for the Allocation of Labor, or did you

speak to the Gauleiter?

STOTHFANG: There were instructions that on inspection trips the

competent Gauleiter of the district visited had to be seen, so that any

relevant questions could be discussed with him.

DR. SERVATIUS: Did you take part in meetings of the Central Planning

Board?

STOTHFANG: I went to one single meeting of the Central Planning Board

with the Plenipotentiary General for the Allocation of Labor.

DR. SERVATIUS: Witness, you have just mentioned March 1945 as the date

when the Eastern Workers were given equality with the rest of the

workers. Are you not mistaken in the year—1944? I will show you the

decree.

STOTHFANG: As far as I remember, it was March 1945.

DR. SERVATIUS: Mr. President, I will have it shown to the witness in a

moment; we are looking for it.

[_Turning to the witness._] What was the relationship between Speer and

Sauckel?

STOTHFANG: Apparently the appointment of the Plenipotentiary General for

the Allocation of Labor was due to a suggestion which Minister Speer had

made to the Führer.

DR. SERVATIUS: I refer to Document 58, in Document Book Number 2, Page

167 of the German text, and Page 156 of the English text. That is the

decree concerning the conditions of employment of Eastern Workers, of 25

March 1944, and I read Paragraph 2:

“Wages.

“For Eastern Workers the same conditions apply for wages and

salary as for other foreign workers. Eastern Workers are paid

wages only for work they actually do.”

THE PRESIDENT: How did the wages compare with the wages of the German

workers?

STOTHFANG: It was a fundamental rule that they must be based on the

German wages for the same type of work, in order to avoid additional

profits for the industries which employed Eastern Workers.

DR. SERVATIUS: Do you remember a conference at which Goebbels stated his

opinion to Sauckel as regards the latter’s policy concerning social

questions and questions of wages?

STOTHFANG: Yes.

DR. SERVATIUS: Can you describe it to us?

STOTHFANG: I myself did not take part in that conference. I only knew

about it from the description given by my colleague Dr. Hildebrandt, who

was present at the meeting with Gauleiter Sauckel.

It was the first discussion between the two gentlemen after Reich

Minister Goebbels had become Reich Plenipotentiary for Total War Effort.

At this conference Minister Speer was also present, and in the course of

the conference Reich Minister Dr. Goebbels reproached the

Plenipotentiary General for the Allocation of Labor with the fact his

previous measures...

THE PRESIDENT: He is now telling us, is he not, what Hildebrandt told

him?

DR. SERVATIUS: Yes.

THE PRESIDENT: Well, Hildebrandt has been in the witness box and he has

not been asked about it.

DR. SERVATIUS: There has been confusion of the two witnesses. They

arrived only a short time ago. I ask permission for this witness to say

what Hildebrandt told him. It can be explained by the fact that the

witness was here for only a very short time.

THE PRESIDENT: Dr. Servatius, the Tribunal does not think that you ought

to be allowed to ask him that question.

DR. SERVATIUS: Were there any difficulties with Speer?

STOTHFANG: Not at the beginning. In the course of years difficulties

arose because of the fundamentally different ideas of the two men.

THE PRESIDENT: We have had the relationships between Sauckel and Speer

gone into elaborately.

DR. SERVATIUS: Yes. I will withdraw that question.

[_Turning to the witness._] What did the offices have to do with the

employment of concentration camp prisoners? Did they deal with that?

STOTHFANG: No.

DR. SERVATIUS: Did you not receive reports that manpower was

disappearing from other industries, and in this way became concentration

camp workers?

STOTHFANG: No reports were received about that.

DR. SERVATIUS: Are you aware that concentration camp workers were

employed in large numbers for work?

STOTHFANG: It was the general practice of the Police to put prisoners to

work.

DR. SERVATIUS: You did not receive any reports about that, did you?

STOTHFANG: No. An effort was made to gain influence to the extent of

having reports sent to the offices of the labor administration

concerning the employment of concentration camp prisoners, so that they

could be considered in the general planning of labor allocation. But

these reports were not received by the labor offices.

DR. SERVATIUS: Now I have only a few more questions concerning the

control offices, and other control agencies, which had been established

in order to investigate conditions among the workers in Germany. Do you

know how far foreign workers themselves were included in that control

system? I am thinking first of all of the office of Ambassador Scapini.

How did this office work? Did you hear anything about it?

STOTHFANG: I do not know many details about the office of Scapini. I

know of its existence, but to the best of my knowledge Scapini’s office

was chiefly occupied with the welfare of French prisoners of war rather

than with the welfare of French civilian workers, because for the latter

a special office existed under M. Brunedon. But generally the foreign

workers were represented by the German Labor Front. So-called Reich

liaison offices were set up everywhere, from the central office via the

Gaue to the small districts, and each employed several people who

visited the camps, listened to complaints and negotiated with the

offices of the German Labor Front, or with other offices of the labor

administration.

DR. SERVATIUS: Those were German employees that you mentioned?

STOTHFANG: No; they were foreign employees from countries abroad, in

fact from almost every country.

DR. SERVATIUS: In the factories themselves, did the workmen have any

representatives who had contact, as liaison men, with the supervisory

offices of the German Labor Front?

STOTHFANG: Not to my knowledge.

DR. SERVATIUS: For the Eastern Workers there was also a control office.

Do you know that office?

STOTHFANG: In Rosenberg’s department there was a special one for that

purpose.

DR. SERVATIUS: How did that office work? Did you hear anything about it?

STOTHFANG: Yes. It had regular contact with the technically competent

offices of the labor administration.

DR. SERVATIUS: And whom had this office to contact if it received

complaints? The Labor Front, Sauckel’s office, or the Minister of Labor?

To whom did they have to go?

STOTHFANG: That depended on the nature of the irregularities, or the

complaints which were made.

DR. SERVATIUS: I will give you an example—complaints about labor

conditions.

STOTHFANG: In that case one had to go first to the competent local labor

office in order to have detailed inquiries made into the case, and to

see about the general conditions, or the actual conditions.

DR. SERVATIUS: And if it was a matter of housing and nutrition, to whom

did one go?

STOTHFANG: First to the offices of the German Labor Front, which, by a

decree of the Plenipotentiary General for the Allocation of Labor—I

believe it was Decree Number 4—was given the general task of looking

after the foreign workers.

DR. SERVATIUS: And did the Labor Front report to you further?

STOTHFANG: Within the scope of their capacity they tried to put matters

right.

DR. SERVATIUS: Then the Labor Front itself, in fact, was the highest

authority for questions of complaints about the welfare of workers?

STOTHFANG: If you put it like that, yes.

DR. SERVATIUS: Who supervised the treatment of prisoners of war? Did the

complaints come to Sauckel?

STOTHFANG: No.

DR. SERVATIUS: Who had charge of that?

STOTHFANG: The High Command of the Armed Forces.

DR. SERVATIUS: The Reich Inspection Board was also a control office.

What did Sauckel have to do with the Reich Inspection Board?

STOTHFANG: That must be an incorrect designation. I do not know what you

mean by the Reich Inspection Board.

DR. SERVATIUS: I mean the Trade Inspection Board, the Reich Trade

Inspection Board.

STOTHFANG: In Germany the trade inspection boards in principle were

competent for labor protection in factories. As far as labor protection

in factories was concerned, they had to see that the decrees which had

been issued, and were in force, were carried out and obeyed. Therefore

in case of complaints they were the competent authorities.

DR. SERVATIUS: Was Sauckel accused by other offices of looking after the

workmen too well? And was there not, in some cases, even envy of the

situation of certain foreign workers?

STOTHFANG: Yes. Such accusations came from three places. First, from the

two offices I mentioned before, which offered general objections and

resistance to the far-reaching demands of the Plenipotentiary General

for the Allocation of Labor. Then Bormann’s office, and Himmler’s

office. It went so far that the Plenipotentiary General for the

Allocation of Labor was even suspected of being pro-Bolshevik.

DR. SERVATIUS: I have no further questions to put to the witness.

THE PRESIDENT: Do any other defense counsel wish to ask any questions?

[_There was no response._]

Does the Prosecution wish to?

[_There was no response._]

The witness can retire.

[_The witness left the stand._]

DR. SERVATIUS: Mr. President, I do not know whether the witness Jäger

has arrived yet.

THE PRESIDENT: I am told not.

DR. SERVATIUS: I assume that he will be here by Monday, and I would

suggest that I be permitted to submit some documents now, or perhaps an

interrogation of the witness Goetz, which is in the document book.

Perhaps I may refer to several passages. It is a very long affidavit,

and it throws some light on the matter in this connection and will make

it easier to understand.

THE PRESIDENT: You probably have some remarks to make about your

documents, have you not, which will take you up until 1 o’clock?

DR. SERVATIUS: Mr. President, the document books contain primarily the

decrees which Sauckel issued, and they cover what has been said here by

the witnesses and by the defendant himself as a witness. As far as

possible, the book is divided up into sections dealing with special

subjects, but as the decrees which were issued frequently applied to

several subjects at the same time, the separate divisions overlap in

this book.

I refer principally to Volume I, to all the decrees included there,

which I do not want to read individually. I should like only to call

special attention to the decrees about police matters. That is Document

6, which is on Page 16; Document 10, on Page 20; and Document 15, on

Page 25. These documents...

THE PRESIDENT: You understand that you must offer in evidence each

document or number of documents that you want to put in evidence? It is

not sufficient to put it in your document book. So please state the

document which you wish to put in evidence.

DR. SERVATIUS: These documents are included in a collection of laws

which has already been submitted.

THE PRESIDENT: The whole thing you mean? The whole thing has been

submitted?

DR. SERVATIUS: It has, as far as I know. That is Document Number

3044-PS: “Enactments, Decrees, Announcements.”

THE PRESIDENT: Well, probably only a small part of 3044-PS has been read

and, therefore, unless it is translated into the four languages, it does

not form part of the record. Dr. Servatius, if you will go into the

matter and offer what you want to offer in evidence on Monday morning,

that will be quite satisfactory.

DR. SERVATIUS: But may I refer to them now, and then submit the

documents on Monday?

THE PRESIDENT: Yes.

DR. SERVATIUS: These three decrees and enactments of the Reichsführer SS

I have submitted in order to show how efforts were made at improvement

even in this difficult field. Decree Number 6 was issued shortly before

Sauckel came into office, and one must assume that this was done in

order to produce a _fait accompli_.

The next decree, Document Number 10, already shows an improvement. It

deals with the barbed wire and the workers’ outings, and this is even

more relaxed in the next document. Document Number 15, that is Decree

Number 4, which has already been submitted, is probably the most

important first decree, which describes the fundamental authority and

directives, as well as recruiting methods, transportation, and treatment

in Germany.

Decree Number 16 deals with the employment of Eastern Workers and gives

the first basic regulations, because until then there was no definite

legal regulation of a uniform type.

Then I come to Document Number 19, which is on Page 54 in the English

text. This is a decree and a letter from Sauckel to the Gau labor

offices and the Gauleiter, of 14 October 1942, concerning good treatment

for foreign workers. This letter is an intervention on the part of

Sauckel to remove poor conditions and to correct certain abuses of which

he had been informed. I quote here in the German text on Page 59 the

following...

THE PRESIDENT: Well, that document has been quoted already I think,

hasn’t it?

DR. SERVATIUS: A part of the document has already been mentioned.

THE PRESIDENT: Which part has not been quoted?

DR. SERVATIUS: It is Page 59 in my book; in the English text, Page 54.

THE PRESIDENT: Page 54 is only the heading.

DR. SERVATIUS: Heading: “Decree and letter of Sauckel dated 14 October

1942,” and on the next page the text begins. The first page contains

only the title of the decree.

THE PRESIDENT: But Page 55 in the English text, the beginning of the

document has already been read.

DR. SERVATIUS: The beginning has already been read.

THE PRESIDENT: Then what did you want to read?

DR. SERVATIUS: I should like to read the whole thing in order to show

how far Sauckel...

THE PRESIDENT: Well, you see, beginning with the words, “If in a Gau

district the statement was recently still made,” that has been read

already, down to the bottom of that paragraph.

DR. SERVATIUS: I have here only a short note. If it has already been

read, then I need not read it again. I will dispense with the reading.

Document Number 20 on Page 56 in the English document book deals with

compulsory labor service for foreign female domestic help and shows the

regulations in force at that time...

THE PRESIDENT: Which document?

DR. SERVATIUS: Document Number 20.

THE PRESIDENT: Continue.

DR. SERVATIUS: ...whereby it is pointed out particularly that a forced

transfer of foreign women for domestic help would not be carried out;

and the statement made by Sauckel emphasizes that only voluntary workers

should be taken for domestic employment.

Decree Number 21 introduces the labor book. That is in the English text

on Page 57. The purpose of the labor book was, as Sauckel has stated

here, to facilitate a registration of manpower, so that one could review

it and not lose control. Above all, in connection with this, there was

to be an allocation of land to the Eastern Workers, as the Defendant

Sauckel has explained. A central file was to be compiled, and with the

help of this the regular transportation of the workers home again was to

be arranged at a later date. That was the preparatory measure of the

labor book.

Then we come to Document Number 22, of 23 July 1943, which deals with

the limitation of the duration of employment of Eastern Workers. It is

said in this connection that the duration of employment should be for 2

years, with certain modifications, and that there should be facilities

for leave, and premiums should be given for the work done. There was to

be leave in Germany, and, under certain conditions, home leave. For

vacations in Germany, as can be seen here, special leave camps were set

up for Eastern Workers. The reason was that, on account of transport

conditions and other circumstances, these workers could not go home,

especially if they came from territories which in the meantime were no

longer occupied by Germans.

Then there follows Decree Number 13. That is Document Number 23, Page 62

in the English document book. This decree deals with the keeping of

order in factories and works. It is the decree on the basis of which

measures could be taken for the maintenance of discipline. I have

submitted it in order to show that it was valid both for German and for

foreign workers, and is not a decree which discriminates against Eastern

Workers.

Now I will refer to Document Number 26. That is Page 66 in the English

document book. This is a decree of 25 July 1944 according to which the

position of female domestic workers from the East was in principle to be

equal to that of the German domestic help. Working hours are regulated

and also time off. It reads: “Every week the female Eastern Worker is to

have an adequate amount of free time.”

The question of vacations is regulated in Paragraph 7, to the effect

that they will be granted leave after 12 months’ work in Reich

territory.

THE PRESIDENT: Are those figures right in Document 26, Page 67 in the

English document book? Working hours to fall between 6 o’clock in the

morning and 9 o’clock at night?

DR. SERVATIUS: It says there: “The regular working hours, including rest

periods and preparation for work, are to fall between 0600 and 2100

hours, unless special conditions call for other arrangements.” That does

not mean that the work is to be done from 6 o’clock in the morning until

9 o’clock at night. It means that between these two time limits these

people have to work. They cannot work before 6 o’clock in the morning,

and these girls cannot work after 9 o’clock at night. It cannot...

THE PRESIDENT: I am only asking if the figures are correct.

DR. SERVATIUS: The figures are correct.

Document 27 deals with the position of foreign workers in factories. It

is a decree of the German Labor Front and there are one or two basic

statements made in it. Here for example:

“The pleasure they take in their work and the willingness of

German workers must in no circumstances be endangered by

preferential treatment for foreign workers.

“As regards the treatment of foreign workers, it must be taken

into consideration that they came to Germany voluntarily and are

giving us their services for the carrying out of tasks of

military importance. In order to maintain their pleasure in

their work, the conditions of their contracts must be respected,

and absolutely fair treatment and comprehensive care and

attention must be given them.”

Document 28 is the agreement between Ley and Sauckel instituting the

supervision by the Central Inspectorate. It has already been submitted

by the Prosecution.

Document 30 deals with the tasks in detail and it states:

“The Reich Inspectorate, with regard to allocation of labor,

affairs of the Reich Trustee, and administration, is entrusted

with the following tasks:

“The supervision of the execution of my regulations and decrees.

On the basis of the practical knowledge gained, the Reich

Inspectorate is to make suggestions, propose improvements and

foster mutual exchange of experiences.”

The last document in this book deals with the establishment of French

offices. It is in the English document book on Page 79, and is entitled,

“French agencies for the care of the French workers employed in the

Reich.”

I believe I have already read the document here. With that, I have

finished Document Book 1.

THE PRESIDENT: Very well; we will adjourn.

[_The Tribunal adjourned until 3 June 1946 at 1000 hours._]

ONE HUNDRED AND FORTY-FIFTH DAY

Monday, 3 June 1946

_Morning Session_

THE PRESIDENT: Dr. Servatius.

DR. SERVATIUS: Mr. President, the witness Jäger is to appear in about

half an hour. I shall read some other documents from my document book,

if it please the Tribunal.

In the last session I had read all the documents from the first document

book with the exception of Document Sauckel-16, which I left out by

mistake. It is a leaflet for Eastern Workers. I need not read it, but I

shall refer to it.

I have submitted as Exhibit Sauckel-1 the _Handbuch für die

Dienststellen_ ... (_Manual for Labor Employment_), and in this exhibit

we find the following documents which I have read in part, and shall

read some now: Documents Sauckel-12, 13, 15, 22, 28, 58(a), 67(a), 82,

83, 85, 86, and 88.

Then, I have submitted Exhibit Sauckel-2, _Sonderveröffentlichung des

Reichsarbeitsblattes_ (_Special Publication of the

Reichsarbeitsblatt_)—namely, _Einsatzbedingungen der Ostarbeiter, sowie

der sowjetrussischen Kriegsgefangenen_ (_Conditions for the Employment

of Eastern Workers and Soviet Russian Prisoners of War_), which contains

the following documents: Documents Sauckel-6, 32, 36, 39, 47, and 52.

Then, as Exhibit Sauckel-3, I have submitted the _Manifest des

Generalbevollmächtigten für den Arbeitseinsatz_ (_Manifesto of the

Plenipotentiary General for the Allocation of Labor_), Document

Sauckel-84.

Then, as Exhibit Sauckel-4, _Arbeitsgesetze: Textsammlung des Deutschen

Arbeitsrechtes_ (_Labor Laws: Collection of German Laws_), which

contains Documents Sauckel-16, 31, and 49.

As Exhibit Sauckel-5, I have submitted a book, _Fritz Sauckels

Kampfreden_ (_Fritz Sauckel’s Battle Speeches_). That is Document

Sauckel-95.

As Exhibit Sauckel-6, _Nationalsozialistische Regierungstätigkeit in

Thüringen, 1932-33_ (_National Socialist Governmental Activity in

Thuringia, 1932-33_), has been submitted. It is contained in Document

Sauckel-96.

Exhibit Sauckel-7, _Nationalsozialistische Regierungstätigkeit in

Thüringen, 1933-34_ (_National Socialist Governmental Activity in

Thuringia, 1933-34_), is contained in Document Sauckel-97.

I have once more submitted as Exhibit Sauckel-8 the publication entitled

_Europa arbeitet in Deutschland_ (_Europe Works in Germany_), which has

already been submitted as Document RF-5.

Then I shall submit an affidavit of Sauckel’s son, Dieter Sauckel, which

is very short. It refers to the evacuation of the Buchenwald Camp which

Sauckel is said to have ordered. I shall read the eight lines of the

affidavit:

“Between 4 and 7 April 1945, approximately, I was present when

my father, Gauleiter Fritz Sauckel, had a conference in his

study. On this occasion the question of the Buchenwald Camp was

discussed, and the following was decided: A certain number of

guards should remain in the camp until the arrival of the enemy

in order to hand the camp prisoners over to them.”—This is

Sauckel Document Book 3, Document Sauckel-94, Page 247.

“I swear to the truth of the preceding statement for the purpose

of having it submitted to the International Military Tribunal in

Nuremberg.

“I am ready to swear upon oath to the truth of my statement.

Schönau, 22 March 1946. Dieter Sauckel.”

Trial of the Major War Criminals Before the International Military Tribunal, Nuremburg, 14 November 1945-1 October 1946, Volume 15 · 第 108 / 130 题