862.04/8

The Ambassador in Germany ( Dodd ) to the Secretary of State

No. 1897

Sir: With reference to previous reports regarding the various steps provided for the transfer of the administration of justice to the Reich, I have the honor to report that the Third Law cited in the Embassy’s despatch No. 1757 of February 9, 1935,2 went into effect on April 1, thus making over to the Reich the various administrations which had remained as yet unassimilated and finally placing into the hands of the central Government the entire German judicial system.

The event was celebrated by a large demonstration held April 2 in the State Opera House in Berlin which was attended by the Führer himself as well as numerous State ministers, and was preceded by an impressive procession of high judicial authorities in their robes, and by the legal faculty of Berlin University. Goering,3 who spoke first, traced the development of unification from the first step which was taken in May of last year merging the Prussian judicial organization with that of the Reich. He emphasized the necessity of creating an all-German body of law which in meeting the needs of the National Socialist State would have to make itself independent to a greater degree from Roman law. Reich Minister of Justice Gürtner likewise conceded the need for a “renewal” of German law but intimated that a long period of study and transition would be necessary before the transformation could be effected completely. In this connection he paid a special tribute to the research being undertaken by the Academy of German Law under the leadership of Dr. Hans Frank. Minister of the Interior Frick then spoke, urging that the process of unification which had been followed in the matter of justice might well be applied to other internal state administrations.

It will be recalled that on January 1 of this year, the Reich took over the ministries of justice of the various provinces; the present law [Page 258] completes the procedure of centralization by transferring to the Reich some 2,000 subordinate offices, police bureaus, and courts which had remained within the competence of the various provinces, including the historic High Court of Bavaria which was founded in 1620. It is understood that some 65,000 officials are involved in this latest transfer. In connection with this step it is interesting to note that simultaneously with the entry into force of the law on April 1, a new uniform statute was proclaimed for the training of judges and state attorneys. Candidates who have passed their final examination are to be retained for a trial period of one year as “assessors,” or assistants to the courts. The year’s probation may be shortened or entirely dispensed with in case of persons of “outstanding worth.”

Respectfully yours,

William E. Dodd
  1. Not printed.
  2. Hermann Goering, German Minister for Aviation.