“SS and SA in undisputed control in Vienna.
“Police wear swastika arm bands. Schuschnigg and Schmidt rumored arrested.
“Himmler and Hess here.
WILEY” (L-292)
(2) Statutes of Consolidation: Control of Austria in Law. The law-making machine was put to work on the task of consolidation. First, Miklas was caused to resign as President (2466-PS). Seyss-Inquart became both Chancellor and President. He then signed a Federal Constitutional Law of 13 March 1938, for the Reunion of Austria with the German Reich, which in turn was incorporated into the Reich Statute of Reunion passed the same day (2307-PS). This Federal Constitutional Law declared Austria to be a province of the German Reich.
By annexing Austria into the German Reich, Germany violated Article 80 of the Treaty of Versailles, which provides:
“Germany acknowledges and will respect the independence of Austria within the frontier which may be fixed in a treaty between that State and the principle Allied and Associated Powers; she agrees that this independence shall be inalienable, * * *”
Similarly, the Austrian invasion violated Article 88 of the Treaty of St. Germain, which provides:
“The independence of Austria is inalienable otherwise than with the consent of the Council of the League of Nations. Consequently Austria undertakes in the absence of the consent of the said Council to abstain from any act which might directly or indirectly or by any means whatever compromise her independence, particularly, and until her admission to membership of the League of Nations, by participation in the affairs of another Power.”
This basic constitutional law provided for a plebiscite to be held on 10 April 1938, concerning the question of reunion. But this was a mere formality. The plebiscite could only confirm the union. It could not undo Germany’s union with and control over Austria. To illustrate the way in which legal consolidation was swiftly assured, with Austria occupied by troops, it is not necessary to do more than review some of the statutes passed within the month. Hitler placed the Austrian Federal Army under his command and required all members of the Army to take an oath of allegiance to Hitler as their Supreme Commander (2936-PS). Public officials of the Province of Austria were required to take an oath of office swearing obedience to Hitler, Fuehrer of the German Reich and People; Jewish officials, as defined, were not permitted to take the oath. (2311-PS)