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Findings of Fact
126 C. Cls.
account," "blocked credit," or "preferred blocked credit" with respect to the foregoing account and other situations referred to in these findings meant that the owner of the account or credit could not take the funds out of the country without obtaining a permit from the German Government.
21. During his association with United Chemical as president and director, the plaintiff had a personal account with the company in which the company credited to the plaintiff such items as salary, director's fees, and other amounts and made charges in the account on account of payments made in behalf of the plaintiff. The balance in this account during November and December 1941 was 244,833 crowns and 63 hellers (Czechoslovakian currency). The plaintiff never withdrew any of this deposit. However, through charges by December 7, 1949, the balance had been reduced to 231,170 crowns and 72 hellers, on which date United Chemical advised the plaintiff in part as follows:
Due to the legal regulations we have transferred your blocked deposit at our firm
of K 231,170.72
in favour of your blocked account at the Zivnostenska bank in Prague, as we have informed your lawyer, Dr. A. Schauer.
22. During 1937 and 1938 the plaintiff was a director of a subsidiary of United Chemical called the Bohmische Glanzstoff-Fabrik system, at Elberfeld, Czechoslovakia, at a salary of 10,000 crowns for each of those years. In 1938 at which time he was spending the greater part of his time in Zurich, Switzerland, the plaintiff made application for the release of his salary for 1937. On July 7, 1938, the affiliated company made the following reply to his application:
The Czech National Bank has rejected our application of June 29th of this year for the release of the KC 10,000.-applied for for transfer for presence marks for the business year 1937 and they ask us for some proof of your citizenship and information as to how long you have permanently been residing in Zurich.
So that we may gratify the request of the Czech National Bank and be able to have an opportunity to procure the above-mentioned amount we would ask you
Findings of Fact
to let us know how long you have had permanent residence in Zurich and send us furthermore the requested proof of citizenship.
The plaintiff has never received the foregoing compensation for 1937 and 1938 or any part thereof.
23. In August 1938, when he was arranging to leave Aussig and Zurich, as shown in findings 5 and 6, the plaintiff obtained a German passport from the consulate at Zurich, Switzerland, for permanent residence abroad. At that time and continuing until he emigrated to the United States he was a German national. In March 1939, he left Switzerland and came to the United States as a German quota immigrant. In May 1939, he filed his so-called "first papers" for American citizenship and on December 6, 1944, he became a United States citizen through naturalization. He has resided in the United States continuously since March or April 1939 and has had no intention of returning either to Germany or Czechoslovakia. He is now a resident of Mendham, New Jersey. He lost his German nationality by the German decree of November 25, 1941, hereinafter referred to.
24. Prior to March 15, 1939, Czechoslovakia was an independent sovereign nation. Aussig and Prague are located in that part of Czechoslovakia known as Sudetenland. Sudetenland became a part of Germany under the Munich Pact of September 30, 1938. Hitler marched into the Sudetenland in October 1938 and he made a protectorate of Czechoslovakia on March 15, 1939. Aussig and Prague are located in that part of Sudetenland known and designated as Bohemia.
25. On April 26, 1938, the German Government issued a "Decree concerning the registration of Jewish-owned property" which provided in part as follows:
Pursuant to the decree of October 18, 1936 (Reichsgesetzblatt I, p. 887) concerning the Enforcement of the Four Year Plan, the following is decreed:
Section 1. (1) Every Jew (Section 5 of the first decree pursuant to the Reich Citizenship Law of November 14, 1935) (Reichsgesetzblatt I, p. 1333) shall register and state the value of all of his property located within Germany and abroad as of the date when the present decree shall go into effect, in accordance with the follow
Findings of Fact
126 C. Cls.
ing instructions. Jews of foreign citizenship shall be required to register and state the value of their property located in Germany only.
(2) The non-Jewish spouse of a Jew shall also be required to register and state the value of his or her property.
(3) The property shall be listed separately for each person required to register.
Section 4. The registration report must be filed on an official form by June 30, 1938, with the higher administrative authorities (hoehere Verwaltungsbehoerde) having jurisdiction over the locality where the person required to register is residing. The higher administrative authority may extend the time limit for registration in individual cases for special reasons when it would be impossible to complete the registration report and the statement of value by the day set therefor; however, in such a case an estimate of the property and its value must be made by June 30, 1938, and the reason for the delay must be explained.
Section 7. The Commissioner for the Four Year Plan may adopt all measures necessary to insure the proper use of the property subject to registration in accordance with the interests of the German economy.
Section 8. (1) Whoever intentionally or by negligence violates any of the foregoing provisions concerning the duty to register, to state the value, or to notify, or does not comply with them correctly or in time, or violates any regulations issued pursuant to section 7 of the present decree, shall be punished by imprisonment and by a fine or by one of these penalties; in particularly serious cases of intentional offenses, confinement in a penitentiary not to exceed ten years may be imposed. The offender is also punishable if he has committed the offense abroad.
(2) The attempt shall be punishable.
(3) In addition to the penalties provided for by subsections (1) and (2) any property may be confiscated insofar as it was involved in the punishable offense; confiscation shall be ordered in addition to confinement in a penitentiary. If no definite person can be prosecuted or convicted, confiscation may be ordered independently whenever the prerequisites for such confiscation exist.
Findings of Fact
26. On December 3, 1938, the German Government issued a “Decree concerning the utilization of Jewish property" which provided in part as follows:
Pursuant to section 1 of the Second Decree of the Commissioner for the Four Year Plan, based upon the Decree concerning the Registration of Jewish-owned Property of November 24, 1938 (Reichsgesetzblatt I, p. 1668), the following is decreed in consultation with the Reichsministers concerned:
Agricultural and Forest Enterprises
Real and Other Property
Section 6. A Jew (section 5 of the First Decree pursuant to the Reich Citizenship Law of November 14, 1935) (Reichsgesetzblatt I, p. 1333) may be ordered to sell, either wholly or in part, his agricultural or forest enterprise, his other agricultural and forest property, or any real or other property within a specified time. Certain conditions may be attached to the order. The provisions of sections 2-4 shall apply correspondingly.
Section 8. (1) The disposal by Jews of real property and of rights which by law have the character of real property rights shall require approval for its validity. The disposal of other property, shall require approval in order to be valid, if such sale had been ordered pursuant to section 6 of the present decree. The same shall apply for any disposal by the trustee.
(2) The provisions of subsection 1 shall apply also to contracts wherein the party assumes obligations.
(3) The provisions of section 1, subsection 2 and of section 2 of the order issued pursuant to the Decree concerning the Registration of Jewish-owned Property of April 26, 1938 (Reichsgesetzblatt I, p. 415) shall apply correspondingly.
Compulsory Deposit of Securities
Section 11. (1) Jews shall deposit with a Foreign Exchange Bank, within one week from the effective date of the present decree, all their stocks, shares in mines,
Findings of Fact
126 C. Cls.
bonds and similar securities. Newly acquired securities shall be deposited within one week from the date of acquisition. The holder of such securities belonging to a Jew may transfer the same only to a Foreign Exchange Bank for the account of the Jew.
(2) Insofar as securities are already deposited with a Foreign Exchange Bank for the account of a Jew, or claims of public record or coupons granting a preferred annuity are deposited with an administrative authority, Jews must immediately notify in writing the bank, the administration of Public Debts or the administrative authority of the fact that they are Jews. In cases coming within section 1, sentence 3, such declaration shall be made to the holder.
(3) The deposits and the accounts shall be marked as Jewish.
Jewels, Gems and Objects of Arts
Section 14. (1) It shall be unlawful for Jews to acquire, pawn or sell in the open market objects of gold, platinum or silver as well as precious stones and pearls. Such objects may be acquired only by public purchasing offices established by the Reich, except in cases where a pledge of Jewish property already existing at the time of the effective date of this decree is realized on behalf of a non-Jewish creditor. The same shall also apply to other jewels and objects of arts insofar as the price for the individual object exceeds 1000 Reichsmark.
(2) The provision of subsection 1 shall not apply to Jews of foreign nationality.
Section 15. (1) The approval for the sale of a Jewish business establishment, of real estate or other property belonging to Jews may be given subject to conditions which may include payments in money by the acquiring party for the benefit of the Reich.
(2) The approvals mentioned in section 1 may also be granted with the qualification that the Jewish seller shall receive obligations of the German Reich, or shall be entered as creditor in the Register of Public Debts, instead of receiving all or part of the consideration provided for by the sales contract.