STATE SECRETARY FOR THE RUSSIAN PROTECTOR IN THINGS AND IN MORAVA, PRAGUE, inv. 865, sig. 109-4/618

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English Translation

Hl Memorial protocol to my presentation by H.Ministerial conductor Dr.Fuchs in the authority of the Reich Protector. OMOMOMO MOMOMOMoMOMOmoMOMOOMMOMO moMOMOmosMOMOMMOMOCOMMOMOmotionMOMO MoMOMO-MOMO,MOMO in my rebuke with the above-mentioned gentleman in April 1994l, he indicated to me that the confirmation of H. Dr. Jelinek was in contradiction with my statements to my colleagues.I replied to this: In October l938 the German judges at the OvG /Dr.Horner, Dr.Hufnagel,Dr.Kahler and myself met with my suggestion in the room of Mr.Dr. Horner. In this debate, Dr Horner explained that he was going to Leitmeritz because he had his property there; he said the same thing to Dr Kahl r; I said that I had the opposite pitch - from this point of view - because my wife, who is a native Czech, had her property here, but that I would still consult with my friends, as I always do in such cases. After this debate, I no longer saw and spoke to the two gentlemen, Dr Horner and Dr Kahler, as they quickly left Prague; I only heard that they had to ask for the transfer to Leitmeritz, because they were unplaceable as judges under the Constitution. I myself then turned to Pg. Dr. Jelinek, who, after speaking back to H. Abg.Kundt, the then leader of the Prague Germans, gave me the order to stay here /see confirmation of lo.X.l94o/, whereby he expressly remarked that I should not tell anyone this reason for staying here. In this respect, as further proof, I applied for the confirmation of H.Dr. Jelinesk. Since I was unplaceable as a judge under the Constitution and am, unlike the German administrative officials, who were transferred or retired by the Czech authorities of their own initiative to the Sudetengau in October l938, and thus could not transfer me to the Czechs, although they would certainly have liked to have done so, and also, since I had the task mentioned above had,wasn't necessary at all, that I should perhaps still ask someone to leave me here.Despite this, I visited my then Czech President Dr.Havelka and asked him to take note that I am staying here; on his question,why I remain here, I was not allowed to state the true reason as mentioned above/that my wife, who is a native Czech, has her property here. Evidently misunderstood me, Dr.Havelka said that the fact that my wife is a native Czech in the kingdom - in his view - is no obstacle that I will make a career outside with regard to my abilities, since there will be only one fortvegetation here and that I should think about it well. So I had to learn from these words that Dr Havelka is because I'm leaving here by myself /d I'll be irreplaceable / go; I replied to him that I'd stay here despite this. That's what our conversation was about to end. From this truthful state of affairs it is now perfectly clear that I could not speak at all with my German colleagues about the facts led in the confirmation of lo.X.l940, since they were long over all mountains 2./to the Czech President Dr.Havelka the true reason was not allowed. During the consultation with H. Dr.Fuchs, I also pointed out that it would be right to resolve the primary question whether German judges who left the German Prague battlefield in 1938 for private reasons, although they were neither forced nor commissioned to do so,have acted correctly from the standpoint of the German people,or whether my remaining on this battlefield, which was assigned to me as mentioned above, may be interpreted as my disinterest. I also mentioned the following: In the year l937, the then Czech President of the Supreme Administrative Court of Dr. Havelka called me to him and asked me if I was still in the position in this court, which I wanted to reflect and whether I was German; I naturally answered "yes" and expressed my astonishment at the same time about such a question. Then Dr.Havelka told me, "You know,