Twentieth Meeting of the Assembly, Friday, March 3, 1916, 11 o'clock morning session.
On the Ministerial Bench: Freiherr v. Schorlemer, v. Loebell and Beseler.
The order of the day: Continuation of the discussion on second reading of the budget of the Department of Justice.
Taking part in the discussion: Assemblymen: Delbrück (Conservative), Reinhard (Centrum), Minister of Justice Beseler, Assemblymen Liepmann (National Liberal), Kanzow (Progressive Peoples Party), Nissen (Dane), v. Trampczynski (Pole) and Dr. K. Liebknecht.
Dr. K. Liebknecht: It must be regretted that we have no statistics concerning certain social phenomena which mirror justice under war conditions of to-day. Thus there are lacking statistics of the number of bankrupts, whose places of business could not be opened on account of lack of actual supplies; statistics concerning evictions; concerning suits against stores which sell on credit; statistics concerning firms which have gone out of business and statistics concerning business events and corporations registrations, from which it might have been possible to see to what colossal degree small concerns have been ruined by the war. There is no information concerning the shiftings on the real-estate market; concerning new societies formed specially for the purpose of exacting high interest from the people. Again, we have no accurate information as to what proportion of existing societies increased their capital,—some of whose increases went high into the millions. ("Hear, hear!" from the Soc.-Dem.) Statistics of the war measures would show that they are nothing but patchwork, and that economic war-damages can be prevented only when we strike at the root of capitalism. The war-necessity measures are sufficient only to prevent the population from resorting, as best they can, against frightful economic injuries. ("Very true!" from the Soc.-Dem.) Such statistics would give us an X-ray of the terrific injury and destruction which the war has caused and continually causes the economic body of capitalism; an X-ray picture of the capitalistic elephantiasis which the war has brought into being (laughter from the right side of the House) in most branches of big business, and a picture of the tearing apart of the middle class and the accelerated proletarization of the masses. ("Very true!" from the Soc.-Dem.) Such a picture would show us the truth of the well-known phrase: "Socialism whither we are tending." The extent of crime is not indicated, only by cases brought to court. There exists to-day surely a greater divergence than ever before between real criminality and that brought before justice. With reference to the crimes which come to justice statistics are lacking, and apart from that, the accused is kept secretly hidden from the population, first by the tendency, increasing more and more, to exclude the public from trials and then by the censor,—which makes it impossible for the public to get a clear picture of criminal justice. Thus the Vorwärts is forbidden to report without permission of the censor anything concerning arrests made ("Hear, hear!" by the Soc.-Dem.). To report political matters which could cause excitement is absolutely forbidden to the Vorwärts. Thus a while ago the Vorwärts could not write a syllable of the imminent discharge from prison of Madame Dr. Rosa Luxemburg ("Hear, hear!" from the Soc.-Dem.), and could only, later on, report the resulting discharge. It seems that the authorities were conscious of the fact that the announcement of her imminent discharge would bring out a great mass of the population to express their sympathies for Madame Dr. Luxemburg. In spite of the prohibiting order of the censor there were, as is known, a great number of men and women who received and welcomed Madame Luxemburg. Further it was reported that March 22nd was the date fixed for the trial against the Internationale magazine (Rosa Luxemburg and Franz Mehring endeavored to publish in Germany a Socialist monthly under the title of The International, to voice the views of the Anti-War section of the German Social-Democratic Party. The magazine was suppressed and the editors jailed. S. Z.), in which Rosa Luxemburg, Clara Zetkin and Franz Mehring were accused. Of that also the Vorwärts could not mention a single syllable. ("Hear, hear!" from the Soc.-Dem.)
Furthermore, it has become a rule of the censor that no report is permitted of trials which refer in any way to peace demonstrations and to riots on account of lack of food, so that the population shall not get an idea in what numbers such trials are taking place. Statistics in regard to sentences imposed on account of frauds involving military supplies would be important,—which are happening very often; statistics in regard to sentences on account of bribery in order to obtain contracts for military supplies, offenses which flourished especially at the beginning of the war. Of great value would be statistics in regard to cases in which the state interfered on account of furnishing war material to enemy states. As you know, in the period of the war, a semi-official warning was issued against the inclination in big business circles even during the war to furnish the enemy war material in a roundabout way through the neutral states. ("Hear, hear!" from the Soc.-Dem.) The official notification accentuated the fact that this roundabout subterfuge through neutral countries is so plain that there cannot be any doubt that the capitalistic circles concerned were entirely conscious of the far-reaching effect of their action. ("Hear, hear!" from the Soc.-Dem.) A very noted senator in Lübeck (Lübeck is one of three German Republics, S. Z.), for instance, has been for a long time under arrest for treason, because he put his Swedish copper mines at the disposition of the Russians. ("Hear, hear!" from the Soc.-Dem.) These cases must have increased, otherwise the official warning would be unexplainable. You know how international business is related, especially Big Business. The kinship exists, even if in changed form, and naturally continues even now. You know that this kinship, especially in the field of the armament industry,—(bell of the President).
Assemblyman Adolf Hoffman: "Now comes the holy of holies!"
Vice-President Dr. Krause: "I cannot see what that has to do with the administration of justice and its responsibilities. We cannot now go into a discussion of the censor and the capitalistic mischief, as you call it."
Dr. K. Liebknecht: I demand statistics which will show in how many cases indictments were brought on account of such offenses. When in this connection I point out the international kinship of capitalism, in war contracts supplying German cannons to foreign countries, I believe I am speaking to the point which is now open for discussion. In reality German soldiers were shot by Krupp cannon which were furnished to foreign countries. (Most of the Belgium cannons were Krupp cannons. S. Z.) (Lively "Hear, hear!" from the Soc.-Dem.)
Vice-President Dr. Krause: "The connection of this with the Department of Justice is difficult for any logically-thinking man to find. I call you to the question." ("Bravo!" at the right side of the House.)
Assemblyman Dr. Liebknecht: We are also without comprehensive statistics in regard to the inmates of our prisons. We obtained in Committee only a few communications, according to which the number of inmates of the prisons of the Department of Justice had diminished, in so far as the men are concerned, but the number of sentences imposed on women increased. ("Hear, hear!" from the Soc.-Dem.) Later it was communicated to us that in the prisons of our Department of Justice there are an extraordinary number of sentenced soldiers, whom the authorities had to take there, because the military and fort prisons are entirely overfilled. ("Hear, hear!" from the Soc.-Dem.) In the Prisons of the Prussian Department of Justice there are at present 5000 prisoners. And prisons which are under the control of the Minister of the Interior are certainly being strongly demanded by military prisoners. It is a fact, however, in very many cases, that sentenced soldiers are not entering upon their sentences immediately, but are serving in the army. The decrease in the number of prison inmates can also for the greatest part be attributed to the pardons granted. In many cases it was decided, that even without granting a pardon there should be a postponement in the execution of the sentence, even an interruption in the fulfillment of the sentence, in order that the soldiers concerned could be brought to the barracks or into the trenches. ("Hear, hear!" from the Soc.-Dem.) Referring to the question of the release of prisoners, the ex-convict in the army was discussed in Committee. According to my experience, it is in war that the ex-convicts, those who were ostracized in civil life, have particularly shown, in the most excellent way, the qualities of human fellowship. But the danger must not be overlooked. It consists in this—that people of criminal inclination, whose temptations are greater in the dangers which are facing them, are in the army in great numbers. ("Very true!" from the Soc.-Dem.) Our great responsibility towards the defenseless population in the occupied territories must therefore give us special concern. German papers commented bitterly when prisons were opened in foreign countries in order that the inhabitants could enter the army. But to a certain degree that happened also here in Germany. I do not want to assert that the majority of excesses which happened in the occupied territories against the civil population, the cruelties which carry a special personal stamp, and which surpass the real war cruelties, are committed particularly by discharged convicts—at all events the question deserves special attention. It is important to note, further, that our civil justice takes in to-day only a very small part of the male population, as those who are called to the colors are under the jurisdiction of the courts martial. There are courts martial also for the civil population, as you know, especially in the provinces of the frontier. Statistics are also lacking as to the doings of these military courts. From the decrease of prisoners we cannot draw a favorable conclusion as to the criminality of to-day. The source of crime flows without interruption. The entire activity of justice is a circulus vitiosus, a faulty short conclusion. Neglect leads to crime, penalty to the increase of social weakness, to demoralization, to new crime, new sentence and so on. Crime is a constitutional disease of bourgeois society. (Laughter at the right side of the House.) What is the condition at the roots of crimes during war? The first root is the strengthening of the social causes of crime, the distress of the population, the increase in the cost of living, the ruin of the family. In order to examine the social roots of war criminality, the report of the Trade Council Inspectors would be important—which unfortunately we do not receive during the war. But by banishing these facts in a dark chamber, they are not kept from the world. When the material in regard to the secret social history of the war will finally be presented, humanity will be terrified at the horrors which have shown themselves. ("Very true!" from the Soc.-Dem.)