TWO ORDERS SIGNED BY DEFENDANT SCHLEGELBERGER FOR THE INITIATION OF CRIMINAL PROCEEDINGS AGAINST NOTARIES BECAUSE OF THEIR ATTITUDE TOWARD THE NATIONAL SOCIALIST STATE, 19 MAY 1938 AND 6 DECEMBER 1938
Copy
Order for the Initiation of Criminal Proceedings
In accordance with article 38, paragraph 3 of the Reich Notary’s Code, and article 71, paragraph 2, German Civil Service Law, I initiate an inquiry against notary Karl Walbaum of Goettingen.
Notary Walbaum can no longer be relied upon to lend his active support to the National Socialist State at all times. This suspicion is proved by his general attitude, for instance—
(1) The notary joined the German National People’s Party [DNVP] towards the end of 1932 in order to help in preventing the National Socialist German Workers’ Party from taking over exclusive State leadership.
(2) In 1933 he was expelled from the Stahlhelm,[212] because he worked openly against the affiliation of the Stahlhelm to the National Socialist State.
(3) He did not adopt the German Salute in Court until fall 1937, and in the streets he fails to use it even today. On the occasion of his interrogation by the president of the district court on 13 April 1938, he referred to the German salute as the ancient salute given by German gladiators to the Roman emperor.
(4) He is opposed to the existence of the National Socialist Party and its union with the National Socialist State, and he expressed this attitude not only in a letter to the Kreisleiter of Goettingen, dated 11 April 1938, but also during his interrogation on 12 April at the branch office of the Secret State Police, and on 13 April 1938 by the president of the district court.
(5) In the plebiscite and general election on 10 April 1938 he voted “No.” I appoint District Court Judge Weissgerber of Goettingen head of the inquiry.