Volume IV, of the year 1940. I quote:

“Hofrat Watzke further states that Reichsleiter Rosenberg’s office was attempting to confiscate the so-called Polish Library in Paris, for inclusion in the Ahnenerbe in Berlin. The Department of Schools was of the opinion that the books of this Polish library belonged to the state library in Warsaw, as 17,000 volumes were already in Warsaw.

“The Governor General ordered that this Polish library should be transferred from Paris to Warsaw without delay.”

I ask the Tribunal to take judicial notice of the next entry, dated 6 and 7 June 1940, which refers to an economic conference. I shall not read from the entry.

The next quotation is dated 25 February 1940. It deals with a conference of the department chiefs, prefects, and town majors of the district of Radom. I quote Page 12:

“Thereupon the Governor General spoke, and made the following statements:”

It goes on from Page 13:

“I shall, therefore, again summarize all the points.

“1. The Government General comprises that part of the occupied Polish territory which is not an integral part of the German Reich...

“2. This territory has primarily been designated by the Führer as the home of the Polish people. In Berlin the Führer, as well as Field Marshal Göring, emphasized to me again and again that this territory would not be subjected to Germanization. It is to be set aside as the national territory of the Polish people. In the name of the German people it is to be placed at the disposal of the Polish nation as their reservation.”

The speech of the Governor General ends two pages further. I quote the last paragraph:

“There is one thing I should like to tell you: The Führer has urged me to guarantee the self-administration of the Poles as far as possible. Under all circumstances they must be granted the right to choose the Wojts and the minor mayors and village magistrates from among the Poles, which would be to our interest as well.”

I now turn to the entry of 4 March 1940. From the volume of conferences, February 1940 to November 1940, Page 8:

“The Governor General submits for consideration the question of whether a slight pressure could not be exerted through proper use of the Compulsory Labor Order. He refuses to ask Berlin for the promulgation of a new decree defining special measures for the application of force and threats. Measures which might lead to unrest should be avoided. The shipping of people by force has nothing in its favor.”

The last quotation in my document book is on Page 143. It is an entry dated 27 January 1941, Volume I, Page 115. A conference between State Secretary Dr. Bühler and the Reich Finance Minister, Count Schwerin von Krosigk. I quote the last paragraph:

“It is due to the efforts of all personnel employed in the Government General that, after surmounting extraordinary and unusual difficulties, a general improvement in the economic situation can now be noted. The Government General, from the day of its birth, has most conscientiously met the demands of the Reich for strengthening the German war potential. It is, therefore, permissible to ask that in future the Reich should make no excessive demands on the Government General, so that a sound and planned economy may be maintained in the Government General, which, in turn, would prove of benefit to the Reich.”

That completes Volume II of the document book.

I now come to Volume III and I ask the Tribunal to refer to a quotation on Page 17 in my document book. It is an entry following a government meeting of 18 October 1941. I quote the eighth line from the bottom; it is a statement of the Governor General:

“I shall first of all state, when replying to these demands”—that means, the demands of the Reich—“that our strength has been exhausted and that we can no longer take any responsibility as regards the Führer. No instructions, orders, threats, _et cetera_, can induce me to answer anything but an emphatic ‘no’ to demands which, even under the stress of wartime conditions, are no longer tolerable. I will not permit a situation to arise such as you, Mr. Naumann, so expressly indicated, such as, for example, placing large areas at the disposal of the troops for maneuvers and thus completely disrupting the food supply which is already utterly insufficient.”

The next quotation is on Pages 36 and 37 of my document book. It is an entry dated 16 January 1942, and the quotation to which I am referring is on the next page—Pages 65 and 66 of the diary:

“Later on a short discussion took place in the King’s Hall of the Castle.”

It took place with the chief of the Ukrainian committee. I quote:

“The Governor General desires a larger employment of Ukrainians in the administrative offices of the Government General. In all offices in which Poles are employed there should also be Ukrainians in proportion to the number of their population. He asked Professor...”

THE PRESIDENT: Dr. Seidl, if you will give us the page in your document book now, that will be sufficient for the present, because they seem to correspond.

DR. SEIDL: Very well. May I continue, Mr. President?

THE PRESIDENT: I think so, yes.

DR. SEIDL: I then come to Page 38 in the document book. This entry deals with a law drafted by Himmler, which has already been mentioned, regarding the treatment of aliens in the community. I quote:

“The Governor General orders the following letter to be sent to Landgerichtsrat Taschner:

“‘Please inform Reich Minister Dr. Lammers of my opinion which follows with my signature certified by yourself: I am opposed to the law on the treatment of people foreign to the German community, and I request that an early date be set for a meeting of leading officials with regard to the draft so that it may be possible to set forth the principal legal viewpoints which today still emphatically contradict this proposal in its details. I shall personally attend this meeting. In my opinion it is entirely impossible to circumvent the regular courts and to transfer such far-reaching authority exclusively to police organizations. The intended court at the Reich Security Main Office cannot take the place of a regular court in the eyes of the people.’”

On Page 39 I quote the last paragraph but one:

“For that reason I object to this draft in its present form, especially with regard to Paragraph 1 of the decree concerning the order of its execution.”

Page 40 is an entry dated 7 June 1942 which also deals with that question of denationalization so emphatically denied by the Governor General. I ask the Tribunal to take judicial notice of this document. The next quotation is on Page 47 and deals with the acquisition of Chopin’s posthumous works. I quote Paragraph 2:

“President Dr. Watzke reports that it would be possible to procure in Paris the major part of Chopin’s posthumous wonks for the State Library in Kraków. The Governor General approves of the purchase of Chopin’s posthumous works through the government of the Government General.”

Page 50 deals with an entry in the diary which concerns the securing of agricultural property. I quote Page 767 of the diary, Paragraph 2:

“It is my aim to bring about agricultural reform in Galicia by every possible means, even during the war. I thus have kept the promises which I made a year ago in my proclamation to the population of this territory. Further progress of a beneficial nature can therefore result through the loyal co-operation of the population with the German authorities. The German administration in this area is willing, and has also been given orders to treat the population well. It will protect the loyal population of this area with the same decisive and fundamental firmness with which it will suppress any attempt at resistance against the order established by the Greater German Reich. For this purpose, for the protection of the individual farmer, I have issued an additional decree concerning the duties of the German administration for food and agriculture in Galicia.”

I turn to Page 55 of the document book. This concerns a speech, made by the Governor General before the leaders of the Polish Delegation, and I quote the last paragraph on Page 56, Line 6:

“I hope that the new harvest will place us in a position to assist the Polish Aid Committee. In any event we will do whatever we can to check the crisis. It is also to our interest that the Polish population should enjoy their work and co-operate. We do not want to exterminate or annihilate anybody...”

Page 61 of the document book deals with a conference which the Governor General held with the Plenipotentiary General for the Allocation of Labor. I quote the last paragraph on Page 919 of the diary:

“I would also like to take this opportunity of expressing to you, Party Comrade Sauckel, our willingness to do everything that is humanly possible. However, I should like to add one request: The treatment of Polish workers in the Reich is still subject to certain degrading restrictions.”

I turn to Page 62 and quote Line 10:

“I can assure you, Party Comrade Sauckel, that it would be a tremendous help in recruiting workers, if at least part of the degrading restrictions against the Poles in the Reich could be abolished. I believe that could be effected.”

I now turn to Page 66 of the document book. This is the only entry in the diary of the Defendant Dr. Frank which he has signed personally. It is a memorandum on the development in the Government General after he had been relieved of all his positions in the Party, and had repeatedly stated that he was resigning and hoped that now at last his resignation would be accepted.

I ask the Tribunal to take judicial notice of this final survey, dated 1 September 1942. It consists of five pages: Pages 66 to 71.

The next quotation is on Page 75 and deals with the safeguarding of art treasures. I quote the fifth line from the bottom. It is a statement made by the Governor General:

“The art treasures were carefully restored and cleaned, so that approximately 90 percent of all the art treasures of the former state of Poland in the territory of the Government General could be made safe. These art treasures are entirely the property of the Government General.”

I ask the Tribunal to turn to Page 92 of this volume. It is an entry dated 8 December 1942, which was made on the occasion of a meeting of departmental chiefs and which deals with the supply situation.

I ask the Tribunal to take judicial notice of that entry. The same for the entry on Page 93, in which the Governor General speaks of the question of recruiting workers and most severely condemns all measures of force.

The next entry, which appears important to me and which should be read into the record, is on Page 108. It concerns a press conference, and I ask the Tribunal to turn directly to Page 110. I quote the third paragraph:

“The Governor General sums up the result of the conference and states that, with the participation of the president of the department for propaganda and the press chief of the Government, all points will be comprised in a directive to be issued to all leading editors of the Polish papers. Instructions for the handling of matters concerning foreigners, in the press and in the cultural field, will be included in this directive. The conciliatory spirit of the Reich will serve as a model.”

I now ask the Tribunal to turn to Page 127 of the document book, a conference of 26 May 1943, which deals with the question of food. I quote the eighth line:

“We must understand that the first problem is the feeding of the Polish population; but I would like to say, with complete authority, that whatever happens with the coming rationing period in the Government General, I shall, in any case, allot to the largest possible number of the population such food rations as we can justifiably afford in view of our commitments to the Reich. Nothing and nobody will divert me from this goal...”

Page 131 of the document book deals with a committee of the Governor General for supplies for the non-German working population. I ask the Tribunal to take judicial notice of these statements, and I now turn to Page 141. This entry also deals with the food situation. I quote the tenth line from the bottom:

“After examining all possibilities I have now ordered that as from 1 September of this year, the food situation of the Polish population of this territory shall also be regulated on a generous scale. By 1 September of this year we shall introduce, for the population of this territory, the rations which are called the ‘Warthegau rations.’”

I ask permission to quote a few sentences from Page 142:

“I should like to make a statement to you now. From the seriousness with which I utter these words, you can judge what I have in mind. I myself and the men of my Government are fully aware of the needs also of the Polish population in this district. We are not here to exterminate or annihilate it, or to torment these people beyond the measure of suffering laid upon them by fate. I hope that we shall come to a satisfactory arrangement in all matters that sometimes separate us. I personally have nothing against the Poles...”

I now turn to Page 148. It is a conference which deals with young medical students. I quote Page 149, Paragraph 2, which is a statement by the Governor General:

“This first—we can safely call it Ministry of Health, even though this expression is not used—is something entirely new. This department for health will have to deal with important problems. For us, the physicians in this territory, there is above all a lack of...”

Mr. President, I have just discovered that an error may possibly have occurred, since these statements on Page 672 were perhaps not made by the Governor General himself but by the head of the Health Department. I shall examine this question again and then submit the result to the Tribunal in writing.

I now turn to Page 155 of the document book. This entry seems to me of a vital nature. It is dated 14 July 1943 and deals with the establishment of the State Secretariat for Security.

THE PRESIDENT: It is not in our book, apparently. We haven’t got a Page 155, and we haven’t got a date, I think, of the 14th of July.

DR. SEIDL: It is July 1943. It has probably been omitted. With the approval of the Tribunal I shall read the sentences in question into the record. There are only three sentences:

“The Governor General points out the disastrous effect which the establishment of the State Secretariat for Security has had on the authority of the Governor General. He said that a new police and SS government had tried to establish itself in opposition to the Governor General which it had been possible to suppress only at the expense of a great deal of energy and at the very last moment.”

I then ask the Tribunal to turn to Page 166 of the document book. This entry deals with general questions regarding the policy in Poland. I ask the Tribunal to take judicial notice of this document.

Page 193 deals with the establishment of the Chopin Museum which was created by the Governor General. I quote Page 1157 of the diary, which is an extract from the Governor General’s speech:

“Today I have inaugurated the Chopin Museum in Kraków. We have saved and brought to Kraków, under most difficult circumstances, the most valuable mementos of the greatest of Polish musicians. I merely wanted to say this in order to show you that I want to make a personal effort to put things in order in this country as far as possible.”

The last quotation is on Page 199 of Volume II of the document book. It is an extract from a speech which Reichsführer SS Himmler made on the occasion of the installation of the new Higher SS and Police Leader in Kraków, before the members of the Government and the Higher SS and Police Leaders. This is the speech which the Defendant Frank mentioned when he was examined. I quote the eighth line from the bottom:

“You are all very familiar with the situation: 16 million aliens and about 200,000 Germans live here; or if we include the members of the Police and Wehrmacht, perhaps 300,000. These 16 million aliens, who were augmented in the past by a large number of Jews who have now emigrated or have been sent to the East, consist largely of Poles and to a lesser degree of Ukrainians.”

I turn to the last document of this volume, Page 200, an entry dated 14 December 1943. It concerns a speech which the Governor General made to officers of the Air Force. I quote the second paragraph:

“Therefore, everything should be done to keep the population quiet, peaceful, and in order. Nothing should be done to create unnecessary agitation among the population. I mention only one example here:

“It would be wrong if now, during the war, we were to undertake the establishment of large German settlements among the peasantry in this territory. This attempt at colonizing, mostly through force, would lead to tremendous unrest among the native peasant population. This, in turn, from the point of view of production, would result in a tremendous loss to the harvest, in a curtailment of cultivation, and so on. It would also be wrong forcibly to deprive the population of its Church, or of any possibility for leading a simple cultural life.”

I turn to Page 201, and I quote the last paragraph:

“We must take care of these territories and their population. I have found, to my pleasure and that of all of our colleagues, that this point of view has prevailed and that everything that was formerly said against the alleged friendship with the Poles or the weakness of this attitude, has dwindled to nothing in face of the facts.”

That completes Volume II of the document book—I beg your pardon, I meant Volume III. Now I come to Volume IV of the document book.

Page 1 of the document book deals with a conversation which took place on 25 January 1943 with the SS Obergruppenführer Krüger. I quote the last paragraph:

“The Governor General states that he had not been previously informed about the large-scale action to seize asocial elements and that this procedure was in opposition to the Führer’s decree of 7 May 1942, according to which the State Secretary for Security must obtain the approval of the Governor General before carrying out instructions by the Reichsführer SS and Chief of the German Police. State Secretary Krüger states that this concerned secret instructions which had to be carried out suddenly.”

I ask the Tribunal to take cognizance of the fact that this is merely an example of many similar discussions and differences of opinion.

I now turn to Page 24 of the document book. This concerns a meeting of the War Economy Staff and the Defense Committee on 22 September 1943. I hope that the pages tally again.

THE PRESIDENT: You said Page 24, didn’t you?

DR. SEIDL: Page 24, an entry of 22 September 1943.

THE PRESIDENT: It looks as though the paging is right. Our book is Page 24 at the top, so perhaps you will continue to quote the page for a moment or two. We will see whether it goes on right.

DR. SEIDL: This concerns an entry dated 22 September 1943, a meeting of the War Economy Staff and the Defense Committee. I quote only the first lines:

“In the course of the past few months, in the face of the most difficult and senseless struggles, I have had to insist on the principle that the Poles should, at last, be given a sufficient quantity of food. You all know the foolish attitude of considering the nations we have conquered as inferior to us, and that at a moment when the labor potential of these peoples represents one of the most important factors in our fight for victory. By my opposition to this absurdity, which has caused most grievous harm to the German people, I personally—and many men of my government and many of you—have incurred the charge of being friendly or soft towards the Poles.

“For years now people have not hesitated to attack my government of this area with the foulest arguments of this kind, and behind my back have hindered the fulfillment of these tasks. Now it has been proved as clear as day that it is insane to want to reconstruct Europe and at the same time to persecute the European nations with such unparalleled chicanery.”

I now turn to Page 34 of the document book, an entry dated 20 April 1943, concerning a government meeting. I ask the Tribunal to take judicial notice of the final words only of the Governor General’s speech on Page 38 of the document book and Page 41 of the diary. Then I turn to Page 39 of the document book, a meeting of 22 July 1943; I quote from the second paragraph, the tenth line:

“The question of the resettlement was altogether particularly difficult for us in this year. I can give you the good news that resettlement in general has been completely discontinued for the duration of the war. With regard to the transferring of industries, we have just started to work at full speed. As you know—I personally attach great importance to it—we have to satisfy this need of the Reich, and in the coming months we shall install great industrial concerns of international renown in the Government General.

“However, with regard to this question we must consider the almost complete reconstruction of the Government General which has consequently been forced upon us. While, until now, we have always figured as a country supplying the Reich with labor, as an agricultural country, and the granary of Europe, we shall within a very short time become one of the most important industrial centers of Europe. I remind you of such names as Krupp, Heinkel, Henschel, whose industries will be moved into the Government General.”

I now ask the Tribunal to turn to Page 41 of the document book. It is the statement which was made by the witness Doctor Bühler on 26 October 1943, in which he states that this report dealt with 4 years of reconstruction in the Government General on the basis of reliable information from the 13 chief departments. The statement includes Pages 42 to 69 of the document book. I do not propose to quote from this statement, but I ask the Tribunal to take judicial notice of it.

I go straight on to Page 70 of the document book, which concerns a government meeting dated 16 February 1944. I quote the last paragraph, Page 4 of the document book.

“As opposed to this, the fact must be established that the development, construction, and securing of that which today gives this territory its importance were possible only because it was necessary, in opposition to the ideas of the advocates of brute force—so completely untimely during a war—to bring the human and material resources of this area into the service of the German war effort in as constructive a manner as possible.”

The next quotation is Page 74; an entry dated 6 March 1944. I quote the last paragraph on Page 75, Page 5 of the diary:

“The Governor General does not, as a matter of principle, oppose the training of the younger generation for the priesthood because, if courses for doctors, _et cetera_, are arranged, similar opportunities must also be created in the field of religion.”

Page 77 deals with an order by the Governor General prohibiting the evacuation of the population, or a part of it, which was in the fighting zone near Lublin.

On Page 80 is an entry dated 12 April 1944. I quote the second paragraph:

“In this connection President Gerteis spoke of the treatment of the Poles in the Reich. This treatment, said to be worse than that of any other foreign workers, had led to the result that practically no Poles would volunteer any more for work in Germany.

“There were 21 points on which the Polish workers in the Reich were more badly treated than any other foreign workers. The Governor General requested President Gerteis to acquaint him with these 21 points which he would certainly attempt to have abolished.”

I now ask the Tribunal to turn to Page 100 of the document book. It concerns a conference on 6 June 1944 regarding a large-scale action against the partisans in the Bilgoraje Forest. I quote Page 101, Page 4 of the diary:

“The Governor General wants to be quite sure that protection is given to the harmless population, which is itself suffering under the partisan terror.”

Page 102 deals with the views of the Governor General on concentration camps. It is an entry dated 6 June 1944. I quote the last paragraph:

“The Governor General declared that he would never sign such a decree, since it meant sending the person concerned to a concentration camp. He stated that he had always protested with the utmost vigor against the system of concentration camps, for it was the greatest offense against the sense of justice. He had thought there would be no concentration camps for such matters, but they had apparently been silently put into operation. It could only be handled in such a manner that the persons condemned would be pardoned to jail or prison for a certain number of years. He pointed out that prison sentences, for instance, were imposed and examined by state institutions. He therefore requested that State Secretary Dr. Bühler should be informed that he, the Governor General, would not sign such decrees. He did not wish concentration camps to be officially sanctioned. He went on to say that there was no pardon which would commute a sentence into commitment to a concentration camp. The courts-martial are state legal organs of a special character and consist of police units; actually they should normally be staffed by members of the Wehrmacht.”

THE PRESIDENT: Dr. Seidl, can you explain the translation of the words at the bottom of Page 102 which are in English, “It only could be handled in such a manner that the persons would be pardoned to jail or prison for a certain number of years.” Can you explain that from the point of view of meaning?

DR. SEIDL: The meaning of the words becomes clear from the statement made by President Wille in the previous paragraph where, among others, you will find the following statement. It is the tenth line from the top.

“The Reprieve Commission had asked the representative of the Chief of the Security Police, who was present at the session, in what form this pardon was to be effected. As far as he knew, remittance of a sentence had been allowed in one case only. In all other cases it was customary to couple Security Police measures with the remittance of a sentence. It was feared that otherwise these people might disappear.”

Now the Governor General was of the opinion that, for example, to transmute a death sentence to a term in prison or penitentiary was possible but that he would have to refuse direct commutation of a death penalty into a suspended prison penalty if the Police in that event were to impose security measures.

THE PRESIDENT: You mean that it meant that pardon from a death sentence might be made by a reprieve for a sentence in prison for a certain number of years, but not by sending to a concentration camp, which would be for an indefinite period and under police methods?

DR. SEIDL: Yes, that is the sense of it.

I now turn to Page 104 of the document book. This quotation also deals with the general question of treatment of the population in the Government General.

THE PRESIDENT: Dr. Seidl, you have been very much longer than you said, and the Tribunal thinks you might be able to cut down a great deal of this. It is all very much on the same lines.

DR. SEIDL: Yes. In that case, I ask the Tribunal to turn to Page 112 of the document book, an entry dated 10 July 1944. This entry deals with the official control of art treasures. I quote the second paragraph:

“The Governor General instructs the expert Palezieux to have a complete index made of these art treasures.”

THE PRESIDENT: You have already told us and given us some evidence to support the view that the Defendant Frank was preserving the art treasures and was wishing them to be preserved in Poland, and it is not necessary under those circumstances to go reading passages about it.

DR. SEIDL: Very well. Then I ask the Tribunal to take judicial notice of that entry; and if the Tribunal agrees, I shall merely give you the pages of the documents in the document book which appear important to me. That is page...

[_The proceedings were interrupted by technical difficulties in the interpreting system._]

Gentlemen of the Tribunal, if the Court is agreeable I should like to give only the numbers of the pages of Volume IV of the document book which seem particularly important to me. These are the Pages 115, 121, 123, 134, 139, 152, and 182. That concludes Volume IV of the document book and I come to the last volume of the document book which will be finished considerably faster.