Means Used by the Nazi Conspiractors in Gaining Control of the German State (Part 11 of 55)

Nazi Conspiracy & Aggression
Volume I Chapter VII

On 29 June 1933, Dr. Hugenberg resigned as Reich Minister of Economy and as Reich Minister for Food and Agriculture (51- PS). Thereafter, other members of the Cabinet resigned from time to time, and new members were added. The Reich Cabinet continued to exercise, on numerous occasions the plenary powers conferred on it by the law of 24 March 1933. (See Section 3 of Chapter XV for further material on the Reich Cabinet.)

(4) The Nazi conspirators caused all political parties, except the Nazi Party, to be prohibited. After the Reichstag fire of 27 February 1933, the organization of the Communist Party was destroyed. On 9 March 1933, the Reich Minister of the Interior, Frick, announced that the Communists would be prevented from taking part in the opening of the Reichstag on 21 March 1933, because of their seditious activity. On 26 May 1933, a law was promulgated, signed by Hitler and Frick, providing for the confiscation of Communist property. (2403-PS; 1396-PS) After suspension of the Constitutional guarantees of freedom on 28 February 1933, numerous restraints were imposed on the Social Democratic Party, including the arrest of a number of its leaders and Reichstag deputies. The backbone of this Party was broken by the occupation of the trade union buildings and the smashing of free trade unions in May 1933. On 22 June 1933, the Social Democratic Party was suppressed in Prussia (2403-PS). On 7 July 1933 a Reich decree eliminated Social Democrats from the Reichstag and from the governing bodies of Provinces and Municipalities. (2058-PS)

On 14 July 1933, provisions of the Law of 26 May 1933 confiscating Communist property were made applicable to assets and interests of the Social Democratic Party and its affiliated organizations, "and also to assets and interests which are used or destined to promote Marxist or other activities found by the Reich Minister of the Interior to be subversive to people and state." (1388-PS) Faced with similar pressure, the other German Parties either dissolved or combined with the Nazis (2403-PS). The Nazi conspirators then promulgated a law declaring the Nazi Party to be the only political party in Germany and making it criminal to maintain any other political party or to form a new [Page 212] political party. This law, which was signed by Hitler, Frick and Guertner, Provided in part: The National Socialist German Workers Party (Nationalsozialistische Deutsche Arbeiterpartei) constitutes the only political party in Germany. Whoever undertakes to maintain the organizational structure of another political party or to form a new political party will be punished with penal servitude up to three years or with imprisonment of from six months to three years, if the deed is not subject to a greater penalty according to other regulations." (1388-PS) In a speech on 6 July 1933 Hitler stated: "The political parties have finally been abolished. This is a historical occurance, the meaning and implication of which one cannot yet be fully conscious off. Now, we must set aside the last vestige of democracy, particularly the methods of voting and making majority decisions which today are used in local governments, in economic organizations and in labor boards; in its place we must validate the responsibility of the individual. The achievement of external power must be followed by the inner-education of the people *******" Later in the same speech: "The Party has become the State. All power lies with the Reich Authorities." (2632-PS)

(5) The Nazi conspirators caused the Nazi Party to be established as a para-governmental organization with extensive and extraordinary privileges. On 1 December 1933 the Reich Cabinet promulgated a law designed for "Securing the Unity of the Party and State".

It was signed by Hitler and Frick, and provided:

"Art 1 1. After the victory of the National Socialist Revolution, the National Socialistic German Labor Party is the bearer of the concept of the German State and is inseparably the state.

2. It will be a part of the public law. Its organization will be determined by the Fuehrer. "Art 2 The deputy of the Fuehrer and the Chief of Staff of the SA will become members of the Reichs government in order to [Page 213] insure close cooperation of the offices of the party and SA with the public authorities.

"Art 3 1. The members of the National Socialistic German Labor Party and the SA (including their subordinate organizations) as the leading and driving force of the National Socialist State will bear greater responsibility toward Fuehrer, people and state.

2. In case they violate these duties, they will be subject to special jurisdiction by party and state.

3. The Fuehrer may extend these regulations in order to include members of other organizations.

"Art 4 Every action or neglect on the part of members of the SA (including their subordinate organizations) attacking or endangering the existence, organization, activity or reputation of the National Socialistic German Labor Party, in particular any infraction against discipline and order, will be regarded as a violation of duty.

"Art 5 Custody and arrest may be inflicted in addition to the usual penalties.

"Art 6 The public authorities have to grant legal and administrative assistance to he offices of the Party and the SA which are entrusted with the execution of the jurisdiction of the Party and SA.

"Art. 7 The law regarding the authority to inflict penalties on members of the SA and SS, of the 28 April 1933 (RGBl, p. 230), will be invalidated.

"Art. 8 The Reichs Chancellor, as Fuehrer of the National Socialistic German Labor Party and as the supreme commander of SA will issue the regulation necessary for the execution and augmentation of this law, particularly with respect to the organization and procedure of the Jurisdiction of the Party and SA. He will determine the time at which the regulations concerning this jurisdiction will be effective." (1395-PS)

Thus the Nazi Party became a para-governmental organization in Germany. The Nazi conspirators granted the Nazi Party and its components extensive and extraordinary privileges. On 19 May 1933, [Page 214] they passed a law to protect and insure respect for Party symbols (2759-PS). On 20 December 1934 the Nazi conspirators caused a law to be promulgated, signed by Hitler, Guertner, Hess, and Frick, making it a crime to make false or grievous statements to injure the prestige of the Government of the Reich, the NSDAP, or its agencies. This law also declared it to be a crime to wear the uniform or the insignia of the NSDAP without authority to do so, and controlled the manufacture and sale of Party uniforms, flags, and insignia (1393-PS). A decree of 29 March 1935, defining the legal status of the NSDAP and of its components and affiliated organizations, is a further indication of the extraordinary privileges enjoyed by the Nazi Party. (1725-PS)

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