UNITED
STATES
vs.
KUHN, and nineteen other cases District
Court, S.D. New York
49 F. Supp. 407 (S.D. N.Y. 1943) 1943
U.S. Dist. Decision
March 18, 1943 [*410] JUDGE: BRIGHT, District Judge. Each of the twenty above entitled actions, consolidated for the purpose
of trial, was brought under Section 338 of the Nationality Act of 1940, 54
Stat. 1158, 8 U.S.C.A. § 738, to revoke the order admitting the defendant to
citizenship and cancelling the certificate of naturalization on the ground of
fraud or on the ground that such order and certificate of naturalization were
illegally procured. Defendants move to dismiss the complaints on the ground that they fail to
state a cause of action. Decision on this motion was reserved. The complaint is
identical in each cause, except for the necessary difference in dates and with
respect to some allegations individually applicable to the particular defendant
named therein. It alleges, in substance, that the action is brought under the section of
the Nationality Act mentioned; that plaintiff is a sovereign power; the
defendants residence within the jurisdiction of the court; his petition for
citizenship; the taking of his oath; and the making of the order admitting him
to citizenship, all of which allegations are admitted in each action. It then
alleges that before or after the defendant became naturalized he was an active
member and supporter of either the Bund Friends of New Germany, or the German
American Bund, or both, which organizations advocated and instilled in their
adherents a lack of attachment to the principles of the Constitution, an ill
disposition to the good order and happiness of the United States, encouraged,
fostered and demanded unswerving allegiance to Germany, and engaged in the
furthering of the totalitarian principles of German National Socialism, all to
the end that their adherents would fail to support and defend our Constitution
and laws against all enemies. It further alleges the defendants individual
participation in Bund activities and his statements [*411] as
to his individual feelings toward Germany, or this country. It charges that
naturalization was fraudulently and illegally obtained, in that at the time
thereof defendant was not attached to the principles of the Constitution, did
not intend to renounce all allegiance to the German Reich, that he took his
oath with a mental reservation which nullified it, and that he did not intend
to support against all enemies the Constitution and laws of the United States,
or to bear true faith and allegiance to the same. I think the complaints adequately state a cause of action and the motions
of the several defendants are denied. Each defendant by his oath, taken at the time of his naturalization,
declared that he absolutely and entirely renounced and abjured all allegiance
and fidelity to the country of which he had formerly been a citizen, that he
would support and defend the Constitution and laws of the United States against
all enemies, foreign and domestic, would bear true faith and allegiance to the
same; and further, I take this obligation freely without any mental
reservation or purpose of evasion. The question here is, did each defendant,
at that time, honestly and without any reservation or purpose of evasion so
declare? If he did not, there is
ample justification for the judgment here sought. Under the issues created by the pleadings, the question of fraud
necessarily relates to the state of mind of the defendant at the time he
obtained his certificate of naturalization. The requirements of the Nationality
Act, and the petition and oath of each defendant contemplate that he would be a
citizen in fact, as well as in name, and that he would assume and bear the
obligations and duties of that status, as well as enjoy its rights and
privileges. The proof of his qualifications to become a citizen was exacted
because of what they promised for the future rather than what they told of the
past. Luria v. United States, 231 U.S. 9-23, 34 S. Ct. 10, 58 L. Ed. 101. Proof
of statements and actions subsequent to naturalization is properly admitted as
bearing upon the mental condition of the defendant at the time he took his
oath, and upon the purposes for which citizenship was sought. Luria v. United
States, supra, 231 U.S. page 27, 34 S. Ct. 10, 58 L. Ed. 101; United States v.
Wursterbarth, D.C., 249 F. 908; United States v. Darmer, D.C., 249 F. 989;
Schurmann v. United States, 9 Cir., 264 F. 917, 18 A.L.R. 1182; United States
v. Herberger, D.C., 272 F. 278; United States v. Ebell, D.C., 44 F.Supp. 43;
United States v. Baumgartner, D.C., 47 F.Supp. 622; United States v. Bergmann,
D.C., 47 F.Supp. 765; ?United States v. Fischer, D.C., 48 F.Supp. 7. The fraud
or illegality charged must be proved by the clearest and most satisfactory
evidence, for it is obviously unfair that an alien who has become a citizen
should feel that his citizenship is an unstable status which can be easily
destroyed by government proceedings against him, irrespective of how long he
may have lived here or of the ties of family or property by which he may have
become bound. Woolsey, D.J. in United States v. Marini, D.C., 16 F.Supp.
963-965. Generally, an applicant for citizenship shall have resided continuously
within the country for at least five years at the time of filing his petition,
and continuously since such filing, and during all of these periods shall have
been a person of good moral character, attached to the principles of the
Constitution and well disposed to the good order an happiness of the United
States. 8 U.S.C.A. § 707. The petition for naturalization embodies these and
other requirements and clearly requires a statement of the applicants intentions
with reference thereto. His oath crystalizes these requirements into
declarations made, without any mental reservation or purpose of evasion, by
which he renounces all allegiance and fidelity to his native land, and
obligates himself to support and defend against all enemies, our Constitution
and laws, and to bear true faith and allegiance to the same. Id. Sec. 735. No alien can take this oath with any mental reservation nor retain any
allegiance or fidelity to his homeland, nor with any qualification agree to
support and defend our Constitution and laws against all enemies, nor for any
sentimental or other reason be unwilling to bear such true faith and
allegiance, without being guilty of fraud. These declarations were required in
the process of his amalgamation into our melting pot of creed, nationality,
and political thought. It was not intended that memories of his native land
should be entirely forgotten, or that he should divorce himself from all
political action. They did not deny the rights which all citizens of this
country have under the Constitution, of freedom of religion, or of speech. The [*412] defendants here are to be judged with those thoughts in
mind, and as their actions and statements may have been considered in times of
peace. On the other hand, each defendant renounced all allegiance and fidelity
to his homeland; he agreed to support and defend the Constitution and our laws
against all enemies, and his faith and allegiance was to be true. These three
requirements preclude any divided concept. The contemplate full and complete
citizenship. It is to be expected, of course, that new citizens will not have
completely divested themselves of some sentimental feeling for their old
country. It is also to be expected that as the years grow longer after their
oath that this sentiment will diminish and their love for their adopted land
will increase. United States v. Wursterbarth, supra. The test of how strong
those sentiments were at the taking of the oath and how much, if at all, they
created a mental reservation or purpose of evasion as to any or all parts of
the oath, may be presumed from defendants subsequent actions and statements.
Particularly is this so when the real test comes, when war or dispute between
their new country and their old, is imminent or declared. If it appears that
they then fail in allegiance, fidelity or faith, it may fairly be presumed that
they did not absolutely and entirely renounce their former allegiance, and this
presumption is all the stronger when the period which has elapsed since the
oath is longer. The government contends that the membership of each defendant in the Bund
is sufficient upon which to base the judgments sought. In appraising that
contention I think a consideration of the historical background of the Hitler
movement and of the German American Bund, as revealed by the evidence, will be
helpful. The treaty of Versailles was signed on June 28, 1919, and became
effective January 10, 1920. Almost simultaneously with it, Adolf Hitler commenced
his agitation for National Socialism in Germany. His efforts in the beginning
were opposed by the German government. His first real effort to obtain power
was met by the killing of sixteen of his adherents in the so-called Beer Hall
Putsch in Munich on November 9, 1923. He, himself, was imprisoned, and
remained in a military prison until December 20, 1924. Some of his followers,
on or about October 12, 1924, organized the National Socialistic Society in
Chicago to further the National Socialism movement in Germany, to revive
Germandom here on a racial basis, and to unite Nationalistic German Americans
in the United States. It was exclusively a National Socialistic Society,
changed its name to Teutonia Society in 1926, and continued under that name until
1932, when its name was changed to Friends of the Hitler Movement. The funds
of those societies were sent to Germany for the purpose of advancing Adolf
Hitler to power. It was really the National Socialistic German Workers Party
(N.S.D.A.P. or Nazi party) in this country. Hitler became Chancellor of Germany on January 30, 1933, the object of
this society to further the movement in Germany was accomplished, and their
funds were no longer needed. On June 30, 1933, the Bund Friends of New Germany
was founded and its work in this country, to forward German interests here,
then really began, Naturalized citizens of German birth here, as well as German
Nationals, were urged to join, and many did. The name of the Friends of the
Hitler Movement was changed to the new name and the N.S.D.A.P. here was
dissolved. On March 29, 1936, the name was again changed to the German American
Bund, of which only naturalized citizens of German birth could be members.
German nationals were supposed to become members of the German Bund, or of the
Prospective Citizens League in the German American Bund. The evidence shows,
however, that there was no change of any moment in the affairs of the society,
or in the attendance at its meetings, or in the membership by either Germans or
naturalized citizens. The Bund continued its activities from then on until
Pearl Harbor, when it is supposed to have been dissolved. Many of its members
continued thereafter in German singing societies, but Bund activities were no
longer publicized. There is no doubt in my mind that the Nazi Party (the N.S.D.A.P.)
actually existed in this country,one of the witnesses having joined it in New
York City in 1931 after reading a notice published in the Volkische Beobachter,
a German newspaper owned by Adolf Hitler, published in German and sold, at that
time, in this country. That party continued to exist here until Hitler became
Chancellor, and believed in the leadership principle taught by Hitler, favored
German National Socialism, used [*413] the swastika
as its emblem, the Nazi salute at its meeting, and sang the usual Nazi songs.
It was dissolved by orders from Germany. I feel bound to find from practically uncontradicted evidence that the
Bund Friends of New Germany and the German American Bund were formed for German
purposes and controlled in thought, and in a large part in action, by Germany.
They were the natural outgrowth of the organizations here which were directly
associated with and furthered the National Socialist movement in Germany. Those
organizations did what they could to bring Adolf Hitler and his theories to
power in Germany. It is not to be believed that when he succeeded, the same
organizations would abruptly abandon him and his ideas. They did not; they then
transferred their activities to accomplish his aims and purposes here, still
being governed and guided by the new German ruler. Heinz Spanknoebel was the
national leader here. He went to Germany for the stated purpose of
straightening out matters in reference to the organization here. While away, a
letter was received from German authorities of the Nazi party that they had
authorized Spanknoebel to organize and direct the Friends of New Germany. When
he returned he assumed that leadership, stating his German authority.He even
tried, under orders which he claimed to have received in Germany, to control
the politics of the Staats Zeitung, a newspaper published for many years here
in the German language. The purposes of the former organizations and of the
Nazi party became the purposes of the new organization. The speakers at
meetings discussed National Socialism. The members recognized the leadership
principle, that all authority comes from the top, and that Adolf Hitler was
considered the leader of all Germans, no matter of whatever nationality.
Speakers, pamphlets propaganda and newspapers were sent here from Germany.
Clippings from the newspapers here were sent to Germany. Articles from German
newspapers were published in the Bund newspaper here. The German Vice Consul in
New York gave advice as to what should be outlined in the Bund newspaper. The
Bund was modeled after the Nazi Party in Germany. In 1935 an order came from
Germany excluding German nationals from membership in the Bund. Its prospective
members were required to give a reference to someone in Germany as well as to
someone in this country. Instructions were sent from Germany to the defendant
Kuhn in reference to whom the Bund should support for President here in 1936. The Bund taught allegiance to Germany as well as other ideas and theories
entirely un-American. Its members were required to sign applications showing
their belief in the leadership principle and their acquaintance with the aims
and purposes of the organization. The aims and purposes of the Bund as stated
in its written Constitution, could not be criticized. But the testimony shows
that as so stated, they were merely a blind and were honored only in their
breach. The leadership principle, entirely at odds with our system of
government, places the power in the leader. He appoints and dismisses all
officers in the Bund for any reason or for no reason; he issues and recalls
orders, as he pleases; he can expel from membership and has absolute power; he
was the ruler of the Bund, and although selected by delegates from the various
units, in most instances he was the only candidate in the field. The Bund taught the so-called blood philosophy that anyone of German
blood, regardless of nationality, will remain a German as long as he shall
live, and is bound by the ties of blood to remain such regardless of
citizenship; that blood is thicker than citizenship papers; that he is bound in
allegiance to Germany, and regardless of citizenship, his first loyalty is to
Germany. That philosophy was expressed by National leader Wilhelm Kunze in his
monograph Das Blut ist Heilig. He there seeks to answer an editorial in a
Detroit newspaper criticizing his statement before the Dies committee of
Congress, that it would take a thousand years before a real American national
would, in a racial sense, grow out of the European groups. In the course of his
criticism of our melting pot idea, he urged that Germandom here must learn to
recognize and fight for sacred ancient truths if it does not desire to be
forever enslaved and submerged in a foreign pulp. He further wrote, There is
no American nationality. He writes proudly of the fact that never one English
word would have been spoken in his fathers house, and that there was a similar
motto on the wall of his house. And he says that there are too many
American-Germans who do not comprehend that their sacrifices in the interest of
their [*414] nationality are useless if they
commit the mortal crime against their volk of allowing their offspring to
become Anglicized; that it is demanded that American-Germans consider it the
highest service to God to defend and preserve Germanity, that means blood and
essence of the volkstum living within him, to the utmost. He must tear all
inherited characteristics from heart, brain and veins in order to perish in the
Blasphemous all-world-melting pot. He writes further that Adolf Hitler in his
Mein Kampf has by irrebuttable argument explained how insane it is that one
may change his race and character by signing a piece of paper and taking a
citizenship oath. The vice of this teaching, insofar as these cases are
concerned, is not that it should not be spoken, but it comprehends the
retention of an allegiance and loyalty, to blood and another nation. The
allegiance contemplated by our law is not to blood, or to race, or to creed. It
is the obligation of fidelity and obedience to the government in consideration
for the protection that government gives. These organizations now criticized had its Ordnung Dienst, the O.D.
so-called. They were patterned after the Nazi Storm Troops. They did not bear
arms, but they were drilled in military fashion and by military commands. They
were organized and maintained to keep order at all meetings and functions, to
spread the ideas and teachings of the Bund, to distribute its literature and
propaganda, which, so far as the evidence shows, was almost entirely of German
origin and thought, and to gain new members. The evidence further shows that
they were instructed in the philosophy of German National Socialism, although
practically all of the defendants deny that they ever heard such instruction.
It was obviously the militant body of a militant organization, and the nucleus
of a future military organization. The Youth Movement, insofar as it taught the outdoor life, athletics, and
the need of a strong body and mind, had much to commend it. But from the
evidence, it also appears that the youth were taught the ideals of the Nazi
movement, were instructed in German, were taught to keep Germany and German
ideals in their thoughts, and be loyal to them. Their songs were in German,
with the exception of the National Anthem, and they were continuously
confronted with the swastika, the virtues of Adolf Hitler, and his theories. In
other words, instead of being taught to be good Americans, it was sought to
preserve in their minds and lives the ideals, theories and philosophies of
another country. That is far and away from my concept of true Americanism. It
may have been entirely within their rights to teach these things, but it lost
sight of the need to rear their young as Americans, instilled with our ideas of
life, our concept of government, our ideals of citizenship, and above all, our
insistence upon a complete true and full allegiance to this country. And, finally, the Bund obviously, in practically all of its proceedings,
teachings and effort, insisted upon placing Germany and its interests first,
and those of this country second. The most favorable statement for its efforts
is that it taught a split allegiance, not that entire, renunciation of the old
and full allegiance to the new, demanded by the oath. The culmination of its
effort was its opposition to the Selective Service Law, at the command of its
national leader that every man, if he could, would refuse to do military duty
until the law mentioned was revoked (as a result of which some twenty-seven of
its members were convicted and sentenced to prison), and its advice to its
members with special skills to refuse to work in defense work. I feel entirely justified in finding that the aims and purposes of the
Bund in the respects mentioned were un-American and subversive. It does not follow, however, that mere membership in the Bund would be
sufficient upon which to base the judgment here sought. Such membership,
however, together with the other facts to which I shall refer, may have a
definite bearing upon the relief sought by the government. I take up, now, each
individuals case. Fritz Julius Kuhn. This defendant filed his petition for naturalization on June 28, 1934,
and became a citizen on December 3, 1934. At the time of his naturalization, he
was leader of the Detroit unit of the Friends of New Germany. His answer does
not deny any of the allegations of the petition, except that he alleges that
the complaints against him were made after he became a citizen and are not
proof that at the time of the oath he had any mental reservation; that while
some of the statements of the complaint are undoubtedly true, others are
misrepresented, and still others absolutely false [*415]
which, he does not say except that he avers that he always expressed his
belief and attachment to the principles of our Constitution and is ready to
support the Constitution and laws against all enemies. He did not offer any
proof upon the trial in contradiction of any of the evidence produced by the
plaintiff. That evidence shows that he attended the annual convention of the
Friends of New Germany in July 1934, at which that organization was pledged to
further all of the aims of German Kultur so far as they are based on the
principles of the National Socialistic world philosophy. He was in attendance
at the 1935 convention, and he became national leader of the Friends of New
Germany in December 1935, and continued as such and as national leader of the
German American Bund until his conviction and imprisonment at the end of 1939.
As such, in November 1936, he organized a school under the leadership of
Severin Winterscheid, to teach National Socialism and the Nazi philosophies, to
which school all unit leaders were expected to attend. He sent Winterscheid
forth as a national speaker to teach those principles to the units all over the
country, and at all times was actively engaged in disseminating that philosophy
and all that it comprehended. The basis of that teaching was Mein Kampf,
written by Adolf Hitler, and German history, the study and teaching being of
history of National Socialism, the Nazi ideology and the social economics of
that philosophy, based on the slogan Ein Volk that a German-born person is
a German no matter where he may live, remains such, that his blood is thicker
than water or citizenship, that his German stock comes first and citizenship is
secondary; Ein Reich one country, and that is Germany; and Ein Fuehrer
one leader, who should be Adolf Hitler. I the summer of 1936 he headed a
delegation which went to Germany and presented to the Fuehrer a purse of $3,000
and a golden book signifying the loyalty of the Friends of Enw Germany to his
movement. Upon his return he stated that the trip was a great success, for one
reason at least, and that was that those participating could see the true bond
which bound the Germans here to the homeland. He was told by Adolf Hitler to go
back and continue the fight. As a result, he knew better than ever before the
direction in which the Bund should go. As an organization bound to the German
volk, it should engage in political activity favorable to the German fatherland.
The German and American standpoints must be combined in all their
considerations. He favored the election of a candidate opposing Mr. Roosevelt
for the presidency, and when asked his reasons, stated that he had received
instructions to that effect from Germany. He suggested that German nationals be
members of the Prospective Citizens League in the Bund upon the theory that if
they were not taken care of by the organization, they would become swallowed up
in American life, and it might be impossible to win them back later to the
German way of thinking and to his movement. He demanded the unceasing support
of every Bund member for the carrying through of the Fuehrer or leadership
principle, as the only indispensable guarantee of the strength of the movement.When
war was obviously imminent, and had in fact already started in Europe, he
directed that all local groups should call attention to absolute neutrality
here, war against Jewish profiteering war mongers, combine to keep America out
of the war, and particularly to refer to the non-payment of the war debts of
the last war. Some of these statements would not be un-American, and are not a
strange doctrine among our people. But these instructions, along with others to
which reference has been made and will be made, show that in his mind Germany
was always to be first and this country next. He urged a wider subscription and
distribution of the Bund newspaper, published by the A.V. Publishing Company,
of which he was president; and he admittedly assumed responsibility for
whatever was published therein, whether he signed the article or not. He called
it the main weapon of the Bund, its battle organ and mouthpiece. That newspaper
taught and advocated National Socialism, that the new Reich would know only
Germans holding their volkdom in high regard and sacred strength through the
deep powers of the new German world philosophy, of wishing for nothing else
than allegiance for allegiance, to strive to emulate the example of Adolf
Hitler, the spiritual renewal and unification of the entire American Germandom
into a strong political and economic community of volk obligated to America and
bound to Germany. The direction of the movement was not American. It did not
teach full allegiance to our laws and Constitution, or to this country, which
his oath demanded. A divided allegiance could not suffice. [*416]
United States v. Karnuth, D.C., 19 F.Supp. 581, 583. He telegraphed to Adolf
Hitler shortly after the national convention of the organization in 1937: In
inextinguishable Volkisch solidarity with the homeland, the fountain of all
strength of volk German millions throughout the entire world; and to the
district leader of the foreign organization in Germany: May the new
collaboration of all Germans throughout the world contribute to the end that
the common final goal for a German community of volk and destiny will soon be
fulfilled. In 1938 he said that every country on earth needs the idea of
National Socialism, and his newspaper in the same year, at about the time of
the birthday of Adolf Hitler gave him a pledge of heart and of loyalty for the
whole German volk This shall be a sacred oath to fulfill loyally the tasks
which are confronting us in great present. The world will hear and history
shall know it; the most glorious dream of German generations throughout the
century, Ein Volk, Ein Reich, Ein Fuehrer has through the power of the
greatest German and the will of the entire volk, become a proud imperishable
fact. At the time of the Bund convention in this year, he spoke of his second
trip to Germany, gave his word of honor that if Germany had made any objection
to the organization he would resign. His statement then made: You may believe
me if we interest ourselves in the politics of this country we are
doing the greatest favor to our own homeland, is significant of his feelings.
At that same convention he also said with reference to candidates for public
office, that if the Bund supports them they must first of all promise to use
their influence to keep America out of every European war under all
circumstances, and that would be the greatest service that the Bund could do
for Germany. These utterances and his other actions, in my judgment, clearly
show that his effort was to place Germany and its interests first and those of
our country second. His speech on the aims of the Bund in May 1936 further demonstrates his
adherence to the principles of National Socialism. While it redounds with many
protestations of his duty to his adopted country, it is obvious that his heart
and mind were in the forwarding of purposes for which the Bund clearly was
organized and existed. There existed for him only the National Socialistic
Germany the German volk, its fuehrer, and the ideals to which he had given
form, are one so inseparably one, that an acknowledgment of allegiance to
Germandom can today have no other meaning than a profession of adherence to the
Third Reich. His belief in the blood theory was there clearly shown The
proposed racial amalgamation of which we hear so much always reverts to the
lowest type * * *. It will not benefit America, should the honest, forthright
race-conscious German element be dissolved into a mongrel horde of citizens.
The Bund is American in its structure, and in its field of activity, but
German in its thought and in its character * * *. German American VolksBund is
inspired with the National Socialist world philosophy, and was clearly against
the world melting pot idea. His idea of being obligated to America and bound
to Germany could not and did not bespeak a true and total allegiance. Both
before and after he became a citizen he was irretrievably bound to National
Socialism and Germany, to the advancement of German political, racial and
economical throught, propaganda and theories in this country. He was opposed to
the democratic way of life, to our assimilation of nationals of all countries
for their and our betterment, and to the training of youth here to make them
better American citizens. With this in mind he could not have taken, and did
not take, his oath without a mental reservation.He did not entirely renounce
his allegiance and fidelity to the German Reich, and he has not borne true
faith and allegiance to the Constitution and laws of this country, and did not
intend so to do at the time of his naturalization. Judgment will, therefore, go
against him. William C. Kunz. This defendant first came to this country in 1928, and with the exception
of four months in 1930, when he was in Germany, has continuously resided here.
He filed his petition for citizenship on March 26, 1936, and was naturalized
August 26, 1937. His wife, a German alien, and his American born child, with
his consent, went to Germany in 1941 and have since been there. He sent his
child to the Bund youth camp for the larger part of the two summers of 1939 and
1940. He joined the New York unit of the German American Bund in December 1938
or January 1939, and was transferred to the Bronx unit in April 1939, and
remained a member until after [*417] war was
declared by Germany in December 1941. He was present at a meeting in Brooklyn
in December 1941, when a dissolution of the Bund was discussed, but he had
nothing to do with such dissolution, nor did he issue any orders about it. He
subsequently joined a German singing society along with other members of the
Bund. He was a subscriber to and also endeavored to promote the interests of
the Bund newspaper, both by procuring subscriptions and urging the members of
his unit to become such, but he is not sure that he read it. He was a member of
the O.D. of the Bronx unit, had a uniform of that organization, and regularly
attended its weekly meetings, as well as the monthly meetings of his unit and
the officers meetings of the Bund. He devoted from three to five nights a week
to Bund activities, but he says he never heard any leaders talk about National
Socialism, which he admits is inconsistent with the principles of our
Constitution. He was appointed unit leader in 1941, having been acting unit leader
for some time before in 1940. He attended the national convention as a delegate
in 1941. He read the Bund Commands that were sent to his unit which included
Bund Command 37, the one relating to the Selective Service Act, which he read
to the members of his unit. He threw away some of the records of the unit when
war broke out. In the fall of 1941 he was convicted in this court of the charge
of conspiracy to violate the Selective Training & Service Act of 1940, 50
U.S.C.A. Appendix § 301 et seq., and is now serving his sentence following such
conviction. He says that because of that conviction, he does not care to live
in this country, as with such he could not make a decent living. Since his wife
left, he has been making plans to go back to Germany to see if he could win her
back, and has been trying to sell his real estate here. He protests that the
object of the Bund was not to alienate the loyalty of Americans of German
blood, that he never knew that that was its object or that it stressed allegiance
to Germany first, or that it had any anti-American doctrine, and he says that
notwithstanding his conviction, he is in favor of the Draft Act because he
believes in being prepared. He admits, however, that when interviewed by the
United States Attorney, he stated that he would not go to Germany to fight
against his wife and child, and at the present time, feels the same way. He
denies that he had any mental reservation when he took his oath of allegiance,
and believes that he has been loyal to the United States, and then intended and
now intends to support the Constitution against all enemies. His participation
in the conduct of the Bund, which was intended directly to interfere with the
preparation of this countrys military effort for whatever might happen (and
what might happen was pretty well understood by all our citizens, Bundists
included), it seems to me is entirely inconsistent with his statement that he
had no mental reservation when he took his oath of fealty to this country. He
could not then have renounced all allegiance to his fatherland and so soon
after recognize it. Judgment must be granted in favor of the plaintiff in his
case. Herbert Otto Finders. This defendant, whose wife is an American citizen, filed his petition for
naturalization on May 17, 1933, and became a citizen on November 10, 1933. He
joined the New Rochelle unit of the Bund in June 1936, and remained a member
until September 1940. In a statement which he signed he stated, however, that
he had joined in 1933, but now claims that that was a mistake, that there was
no unit in New Rochelle at that time.He was a uniformed member of the O.D.,
paraded in that uniform, also attended at Bund gatherings, and on several
occasions, at the Bund camps. He was also a subscriber to the Bund newspaper,
and admits that he read the headlines, but says that he did not read the entire
paper. He attended as a delegate the 1938, 1939 and 1940 conventions of the
Bund. He became unit leader of his unit in 1938, and thereafter attended
meetings regularly. He states that he understood the aims of the Bund were to
help Germans in the United States, and to weld those of German stock so that
they would stick together. He made statements that he was in favor of the
Hitler regime, but explained this by saying that he lived in Germany after the
first war and experienced the chaos and unemployment which followed it there;
that the people were divided into many different parties, and that when Hitler
came along, these conditions improved and he must have done some good there.He
had listened to speeches of national officials of the Bund, and stated that
motion pictures of Germany were shown at meetings of his unit. He was elected
the trustee of the United German Societies as a representative of his unit. He
admitted that he joined the Bund because [*418] it
stood for Hitlerism and Germany; but he subsequently got a change of heart and
realized that he had been doing something which he should not have done in
connection with the Bund; that he was actually engaged in Hitlerism in the eyes
of other people. He believed that the aims and purposes of the Bund in 1935 and
1936 were to create better relations between America and Germany; if this was
carried too far in later years from national headquarters, he had nothing to do
with it, and he got out because he did not agree with certain policies of
national headquarters. He realized he was making a mistake and everybody in his
neighborhood was condemning the policies of the Bund. He knew while he was a
member that the Bund was forwarding the interest of Hitlerism in this country,
and people told him that it was Nazi, un-American and a fifth Column here. He
continued, however, as a member of the Bund after being so told and until after
the 1940 convention, although he states that in 1939 he started to ease his way
out.After the war started between Germany and Great Britain, he told one of the
witnesses that he thought the sinking of an English ship was wonderful, that
England started the war, and that all that Germany wanted to do was to destroy
England, that the Nazi form of government was better than the democratic form,
that even if the United States entered the war, Germany would win. He, however,
denies these statements. He says, and I think the proof bears him out, that
since he came here, he has married and has been trying to establish himself
here as an American citizen. The statements made by him before the war began
cannot be said to be any better or worse than were heard from other American
citizens, and can hardly be the basis of an unfavorable judgment against him.
His participation in the activities of the New Rochelle unit, which does not
seem to have been very active in the Bund affairs, does not impress me as
sufficient to justify the cancellation of his citizenship. I think the
government has not sustained its burden of proof, and the complaint as to this
defendant is, therefore, dismissed. Konrad Koehler. This defendant became a member of the Friends of New Germany in June
1934, and continued as a member of that organization and as a sympathizer in
the German American Bund until July 1941, when he became a regular member of
the Bronx unit, and remained such until it is claimed the Bund was dissolved
after Pearl Harbor. He filed his petition for naturalization on February 29,
1940, and became a citizen on December 9, 1940. In his answer he admits that he
was a promoter of the Bund newspaper, that in September 1939, he registered for
military service in Germany with the German Consul, and had his German passport
renewed for five years; that since the outbreak of war between Germany and this
country, he stated he would not fight for the United States against Germany or
Italy, even if Germany invaded the United States; and while he admits that he
has stated he always felt that he would be unwilling to defend the United
States against Germany, he now alleges that he did not mean what he said and
that he was goaded and provoked to make such a statement by the conduct of the
District Attorney. The proof shows that since 1923 he has been employed by the
publisher of one or the other of the Bund newspapers, and since June 1935 as
bookkeeper for the Deutscher Weckruf und Beobachter until December 1941. He had
two shares of preferred stock in the A.V. Publishing Company, which published
this official organ of the Bund. Although he says that he was never a member of
the O.D., he did wear its uniform at camps and at rallies in Madison Square
Garden, and when he marched through the streets of New York. He states, however,
that he did this on orders of the officials of the Bund because he was
connected with the newspaper.He has visited the Bund camps Siegfried and
Nordland on a number of occasions, attended meetings of the unit and heard
speeches by the national leaders and others. He also read the Bund newspaper,
and particularly the column Behind the Curtain, which enlightened the people
about, and was favorable to, Germany. He would not admit that he read the paper
very carefully or other than occasionally, although he was employed on it.While
he saw the pamphlet Das Blut ist Heilig, written by Kunze, at the office
where the newspaper was published, he claims never to have read it. He says it
was published in the Bund newspaper along with the book Hitler is Right. He
also admits attending at a stand where publications of the newspaper were sold.
His newspaper received copies of newspapers published in Germany, among which
was Hitlers newspaper Volkischer Beobachter [*419] ,
and the papers known as Der Stuermer, and Die Angriff. He now claims that he
would fight for the United States against Germany on German soil if I would be
able to and fit. But in June 1942 he stated that he would not fight against
my own country but would fight for the United States with reservation,
non-combatant service. When asked why he was favorable to non-combatant
service, he answered I dont want to fight against my own folks.He claims now
that everything he did was to keep his job, although he admits that going to
the German Consul to register for military service had nothing to do with that.
He owns real estate here which he asserts shows his wish to stay here.He did
not hear or see anything un-American in Bund meetings, nor from what he had
heard in the testimony upon this trial. It does not appear that this defendant
ever made speeches or was very active in the Bund affairs. His associations
with the Bund, however, for six years before becoming a citizen during which
time he professes never to have seen anything un-American in its conduct or
affairs, and his statement since, show his obvious mental attitude toward his
fatherland, which must have been present at the time he took his oath of
citizenship, and convinces me that he could not and did not take that oath without
a mental reservation of partial or complete allegiance to his homeland.
Judgment will go for the United States against him. Henry Von Holt. This defendant came to this country in September 1936. He is married and
his wife is not a citizen. On August 18, 1932, he filed his petition for
naturalization and was admitted to citizenship on January 16, 1933. He was a
member of the Friends of New Germany from July 1934 and later of the German
American Bund until he was expelled in April 1940. His answer admits that he
was an active member and supporter of the Bund, and that he was a subscriber
and promotor of the Bund newspaper. In a statement made on June 23, 1942,
before this action was brought, he stated that he desired to see the United
States win the war with Germany, and that he does not think it would be
possible to have the same kind of government here as in Germany. When asked if
he would be willing to fight for the United States, he said that he would
defend the shores here but did not think he would go to Europe to fight; he
might fight against the Italians in Europe but not if he could help it; that
the only time he would fight would be if the United States were invaded. He
feels no loyalty to Hitler and prefers the democratic form of government. If
Germany invaded the United States, he would fight against Germany. In 1938, he
said, he or his wife sent $2,000, in Rueckwanderer marks to Germany for his
mother, and in 1939 he tried to return to Germany to visit her for two or three
months but was stopped. The proof shows, however, that he purchased the marks
in January 1941, which were to be deposited in a Berlin bank in his and his
wifes name. The application for that purchase signed by him states his
intention to return to Germany but does not fix the time. He first attended
meetings of the Friends of New Germany in Brooklyn in April 1934, being induced
to go by a pamphlet which gave notice of a meeting against what, it stated, was
the un-American and unconstitutional boycott, at which meeting there were
several speakers. He filed application for membership in the Friends of New
Germany at that time, but was not admitted until the end of July 1934. He says
that the Jewish boycott against German goods had cost him his employment and he
gave some instances of where he was unable to get work with people by whom he
had formerly been employed. He next attended a meeting in Madison Square Garden
on October 6, 1934, celebrating German Day, at which a representative of the
Steuben Society, the German Ambassador Luther and a United States army officer
spoke, and at that time a play about Lincolns time was given. He was a
subscriber to the Bund newspaper for the last half of 1939. He heard speeches
on the subject of National Socialism, but states that their substance was that
it was good for Germany and could not be exported.He admits that the Bund was
run on the leadership principle for its own purposes. In 1935 he became a
member of the O.D. and was its leader later in that same year. He became unit
leader in 1937 and remained such until his expulsion on April 25, 1940. He
regularly attended meetings of that order once a week, and membership meetings
monthly. Many of the national speakers addressed those meetings which were
opened by the singing of the Star Spangled Banner and were closed by the
singing of the Horst Wessel song or the Deutschland [*420]
lied, and with the Nazi salute and the Sieg Heil. His unit celebrated Hitlers
birthday in 1939, and he introduced the speakers, all national officers. It
also celebrated Memorial Day in 1939, which was in honor of those who died in
the Beer Hall Putsch. He was a delegate from the Bronx unit to the conventions
in 1937, 1938 and 1939. At the 1938 convention, he is recorded as having said:
I compare the American politics of today with a pig sty. You cannot clean a
pig sty all at once. You cannot go into one with patent leather shoes and a
dress suit without getting dirty. We will have to drive the pigs out first, and
if new ones come in we shall have to sweep them out again; a statement which
has a familiar American ring to it and certainly no worse than we have heard
said in political campaigns and otherwise upon the same subject. And at the
same convention when the question of whether the salute at Bund meetings should
be changed from the Nazi form, he is recorded as having said: We live
according to the leadership principle. I should like to suggest that the Bund
leader be asked to give his suggestion. I can see no harm in either of these
statements. There was nothing un-American about them and he did not violate any
obligations he had to this country. He visited the camps frequently, and wore
his O.D. uniform. He attended meetings of the Winterscheid school and received
a certificate of graduation.He opened a school for children and for prospective
citizens, of which his wife was a member. He was usually on the platform at
various gatherings, and it is perfectly obvious that he had his say whenever
occasion offered. He urged the members to support the newspapers, and sometimes
took subscriptions to headquarters. He taught his members to read the newspaper
as it was the only way the meetings could be advertised. He was expelled from
the unit in April 1940 because of differences which he had with the then national
leader regarding the payment of $100 a week to a Bund lawyer and because of the
fact that he had received the Bund Command that the constitution was no longer
effective and he did not receive a document in place of it. He said that he
finally received one in German, but it did not say that the Constitution of the
United States must be upheld and he did not approve of it. At a meeting in
Astoria, when the Bund leader stated that the lawyer was keeping many of them
out of jail, he jumped up and said that when a lawyer was keeping him out of
jail he wanted to know why. He was then requested to resign and he attempted to
do so. His members objected, and the next morning he received a telegram from
headquarters saying that he was expelled both as a member and as a unit leader.
He frequently stated he would fight for the United States against the Axis, but
would not fight outside of the
United States, if he could help it, but that if he was drafted and sent over he
would have to fight. He is now willing to fight for the United States anywhere.
It was testified to by his former landlord in an altercation had between them
in reference to a $2. deposit to cover the return of apartment keys, that Von
Holt said I will spit on the American flag. Von Holt denies this and says
that some dirty language was used by his landlord, and that because the
landlord was hard of hearing and the witness did not want to argue with him, he
walked away from him. I am inclined to credit Von Holts version of this
occurrence. I can see no reason, from what the landlord testified to, why Von
Holt should have said any such a thing; it seems entirely foreign to the
discussion then had. It is perfectly obvious
to me that this defendant was what might be called a fighting member of the
German American Bund, and intensely resented any conduct which he deemed
detrimental to Germany, and acted accordingly. In fact, he was quite frank
about it. I believe that he was quite truthful upon the witness stand. But his
admissions, to which reference has been made, coupled with the other testimony
showing his activities in the Bund, justify a judgment against him. Leo Cyler. This defendant filed his petition for naturalization on January 16, 1931,
and was admitted to citizenship on June 1, 1931.He joined the Friends of New
Germany in the latter part of 1935 and ceased his membership in the Bund in
October or November 1939. He came to this country in 1923 having previously
served in the German artillery in the last war. The proof shows a continuous
employment here in various occupations. In 1939 he purchased $200. in
Rueckwanderer marks, stating that the same were for his sister in Germany, who
was crippled and in need, and the application which he then signed [*421] states that he intended to transfer his domicile to
Germany where he expected to work as a mechanic, but that he has not yet
determined when he will make the trip. He insists, however, that he never
stated he intended to return for permanent residence, and that he never had any
such intention. He admits that before the war broke out in Europe, he had in
mind making such a trip, but since then he has decided to stay here. The first
meeting he attended of the Friends of New Germany was in July 1934. Later in
the same year he went on a sail up the Hudson River with that organization. He
first joined the Nassau County unit, and later became a member of the O.D.
about a year afterwards and had and wore his uniform on occasions. Although he
had heard national officers of the Bund speak, he says he never heard them say
that National Socialism should be adopted in the United States. He subscribed
to the Bund newspaper, but found nothing interesting in it. He became a unit
leader in 1936 when the then unit leader left for the Olympic games in Berlin.
He remained such until 1937, and during the same period was also the O.D.
leader. A unit was organized in Rockland County in 1937, in which this
defendant and the defendant Hoeflich, his brother-in-law, assisted. He became
the first unit leader by appointment of Fritz Kuhn, and was succeeded as such
by his brother-in-law. He attended the national convention in 1939 as a
delegate from Rockland County. It was shown that the highest number of members
which the unit ever had was eighteen, and for a long time consisted of from
five to six, and that it was organized to fight Communism. Many of their
meetings were held in a public restaurant in Bardonia, a small hamlet in
Rockland County, and in this defendants home. It is not shown what was discussed
at their meetings except possibly their opposition to Communism. Defendant
denies that anything was done in the county against the United States, or to
help National Socialism in this country. He says that most of their meetings
were entirely social affairs. It was shown by some witnesses, two of whom were
French, that the defendant in 1937 had stated that he was being paid for
telling people not to buy from the Jews, and tht he said that Germany did not
lose the first war, that it would whip France the next time, and upon being
told that the United States would come to the aid of France said once France
was down the United States would be a pushover. It was also shown that he had
stated that the German people were all right with Hitler, that everything was
going smoothly over there, and he was giving lots of work to his people.
Disparaging remarks about our President in 1937 were also proven, as well as
laudatory statements about Hitler. All of these the defendant denied. The
defendant admits that he told the United States Attorney in 1942 that he would
not fight Germany on German soil, but after he had thought it over, he came to
the conclusion that he would have to fight anyone and anywhere for the American
flag and for this country wherever he was sent, and he endeavored to correct
what he had previously said in his answer in this proceeding. He now testifies
that his statement to the United States Attorney was a mistake, that he is
sorry about it, that he has always been proud of his citizenship, and always
will be loyal to this country, and would do anything to keep his citizenship
papers. He called to the stand a number of witnesses, residents of New City,
which is a small village where he lives, and of the surrounding community,
among whom was a Past Commander of the American Legion and a member of the
Citizenship Committee of that organization at the time Cyler and the defendant
Hoeflich received their citizenship papers, a real estate dealer in Nyack with
whom he had been doing business, two former officials of the Town of
Clarkstown, in which the defendant resides, all of whom testified to the good
character of the defendant and his reputation for loyalty in the community. I
was impressed by their testimony as to this defendants citizenship. His fifteen
year old daughter, who at present is attending public school in Rockland
County, testified that she had been taught by her father and mother always to
be a good citizen, and loyal to this country, and that she had never heard
anything un-American in the home; she understood German, but could not speak it
very well, and said that her mother and father usually spoke American in their
home. I think that the government has failed to prove by the greater weight of
evidence that this defendants citizenship papers should be cancelled, and the
complaint in his case is, therefore, dismissed. Herman Jack Hoeflich. This defendant is the brother-in-law of the defendant Cyler. He first
came [*422] to this country in 1923, having
previously served in the German Infantry in the last war, returned to Germany
for ten days, and has since been here. He has been a resident of New City,
Rockland County, since 1929. He filed his petition for naturalization on
February 27, 1931, and was naturalized on June 1, 1931, at the same time as
Cyler. He first attended a rally of the German American Bund in Union City, New
Jersey, in March or April 1937, at which Russell Dunn inveighed against
Communism, and at which time he became a member. He helped organize the
Rockland County unit in June or July 1937, and from then on was affiliated with
that unit. He signed his application subscribing to the leadership principle,
and gave as reference his people in Germany who were not members of the Nazi
party. He says that there was an O.D. in Rockland County, and that he never was
a member of it, although he admits that he had and wore its uniform. He
succeeded Cyler as unit leader. Some of the national officials spoke at
meetings in the county, mostly about Communism. He admits speaking against the
boycott. He only attended one meeting of unit leaders in New York City. He was
a subscriber to the Bund newspaper and received it even after his subscription
expired, and he urged his members to subscribe. This paper was sent to him for
distribution among the members of his unit until 1939, when the unit was closed
up. The meetings of the unit were conducted in English. The unit consisted of
from six to eighteen members, three or four of which were German born and the
rest Americans of German descent. He attended the 1938 national convention as a
delegate appointed by himself, and was also at the dinner following the 1937
convention. He had a bungalow at Camp Nordland built in 1937 which he sold in
1938, when he intended to leave the Bund.It was planned by his unit to build a
recreation center in Rockland County, and the foundation of a building thereon
was started in 1938 but never finished. It further appeared that after this
defendant returned from the first world war to his home in Germany, he found
himself in the midst of a communistic revolution, in which townspeople,
including police officers, were killed. He says he faced a firing squad because
he refused to fight for Communism but was rescued by a Communist who had served
with him in the trenches. He has since tried to teach the dangers of Communism
and to oppose it. He says that shortly after he came here and in 1924 he
endeavored to enlist in the United States Army at Governors Island, and was
rejected because he was married. He also testified that after this country
entered the present war, he went to New York to enlist, and while standing in
the line at the recruiting station, someone asked him how old he was, and upon
stating that he was forty-eight, he was told that he did not have a chance,
that Dempsey, who was forty-four, had been rejected. He had told this to the
United States Attorney when he was interviewed prior to this action. He states
he is willing to fight any nation that is an enemy to this country, and any
place in the world, that that is his feeling toward this country, which is the
only one to which he has ever sworn allegiance. Many of the same witnesses who
testified as to statements made by the defendant Cyler also testified to
statements of this defendant, to the effect, in substance, that he would be
glad to fight for Germany, that we should have National Socialism here, that
the Bund was behind such a philosophy, and that he made disparaging remarks
about the President, all of which he denies. He invited the Legion Post to come
to his meetings so that they might get acquainted with what the unit was doing.
This defendant also produced the same witnesses as did Cyler with reference to
his reputation in the community as a citizen, and as to his loyalty. I do not
think that the plaintiff has proven by the greater weight of the evidence a
case against this defendant. At the best, all that has been proved was his
membership and activity in the Bund. He is not shown to have done anything
which would justify a finding that at the time he took his oath of citizenship
he had any mental reservation as to renunciation of allegiance to the German
Reich, or as to his support and defense of our Constitution and laws. Judgment
will, therefore, go in favor of this defendant dismissing the complaint. William Heller. This defendant has resided in Poughkeepsie since he came to this country
in 1923. He had served in the armed forces of Germany for two years, during the
last war, and now has two brothers in the German army. He filed his petition
for naturalization on April 12, 1929, and became a citizen on November 9, 1929.
[*423] He did not join the Friends of New
Germany until May 1934, and remained a member of the Bund until August 15,
1940, although he had resigned in 1938 and continued on at the request of Fritz
Kuhn until someone else could be found to take his place. He has been a cook
for the last twelve years, most of the time as an employee of the State
Hospital for Insane in Poughkeepsie. He became leader of the Poughkeepsie unit
in 1936, and continued as such until it was disbanded in 1940. He was a member
of the O.D. which was a very small group in his unit and which had no separate
meetings but met with the other members. National speakers addressed their
meetings from time to time, largely upon the subject of German unity. The
discussions at meetings were usually upon the subject of their next
entertainment and their financial affairs. He subscribed to the Bund newspaper
from the beginning of his membership and read it. He believes that all of his
activities from and after the date of his admission to citizenship were
consistent with his oath. It was proven by the testimony of two privates in the
United States Army that in 1941 they discussed the Bund with the defendant on
several occasions, and that the defendant said that after this war this country
would probably go into a revolution with the Communists taking control of the
government and he believed the people would set up some form of National
Socialism; that he favored that form, as a democracy did not function as
efficiently. He also said that in the event of war, he would not fight for the
United States against Germany even if this country was invaded, and in the
course of his conversation, he referred to the President in a contemptuous
manner, both before and after Pearl Harbor. He also stated that the Bund was
against the government of the United States because it was a democracy, and
although the Constitution of the organization required otherwise, it was well
understood by the active members; that a revolution would take place in this
country, and that at the proper time the Bund would seize the whole of the
government; that Hitler was the greatest man that had ever lived, and probably
the most brilliant. With reference to Pearl Harbor, he said it was ridiculous
that the people should take the attitude that Japan had committed a sneaky
attack; that Japan was completely justified because of the treatment of her by
the United States, which left no alternative, and the entire fault rested upon
our ruler. He said that Germany would win the war in Europe eventually, and
would later subdue the United States economically but he could not envision an
actual war between the two. These statements were not contradicted by the
defendant, although he was called as a witness in his own behalf after they had
been testified to. It was shown that the meetings of the Bund took place in the
Germania Building, owned and occupied by the Germania Society, which had
functioned in Poughkeepsie for many, many years.There were never more than
twenty members, and the usual discussions at the meetings were of social
affairs which they held from time to time and at which outsiders were
welcome.The defendant did not attend national meetings nor did he go to any
convention. Since the war broke out between this country and Germany, he has
concluded that he would not want to fight against Germany because he has two
brothers in the war, but before that he would have fought against Germany if
called upon. He finally said that he would fight against Germany in case of an
invasion and against her on German soil, if he had to; that he had changed his
feelings upon the subject when he filed his answer in this case. Many of the
employees at the State Hospital where he worked testified as to their
associations with him; that they had never heard him make any statements
against the United States, nor had they known him to do anything of the kind;
that they had complete access to his rooms and they never saw any German
propaganda or the swastika in the same; that they had never discussed with him
his feelings toward the United States or any other country, and they had no
knowledge of his political inclinations. I think the government has proven that
this man had never alienated from his mind his loyalty to Germany and that he
had a mental reservation as to it when he took his oath. Judgment should go
against him. Ernst Sotzek. This defendant came to this country in 1928, filed his petition for
naturalization on September 20, 1935, and was naturalized on March 2, 1936. He
joined the German American Bund in the fall of 1936, and remained a member
until May 28, 1940, when he was expelled by reason of undisciplined conduct
among your own volkdom [*424] . His
parents, four brothers, two sisters live in Germany, and two of his brothers
are members of the Nazi Party. He is a skilled and efficient toolmaker, and for
some time before the commencement of this action was employed in defense work.
He signed the usual application for membership while attending a celebration at
Camp Siegfried, giving as one of his references one of his brothers in Germany
who was a member of the Nazi Party. He attended meetings at which the
leadership principle was discussed, and in the late summer of 1937 became a
uniformed member of the O.D., and later its leader. Before joining the Bund, he
had attended meetings at Madison Square Garden, protesting against the boycott.
He also attended membership and O.D. meetings regularly, and at some of them
national leaders spoke, including Kuhn and others, the former of whom spoke
about the fight against Samuel Untermyer, Dickstein and Rabbi Wise, who he said
were fighting the Bund and supporting the boycott. He succeeded Hans Meyer as
O.D. leader of the New York unit, being appointed as such by Wheeler Hill, and
before his appointment had acted as substitute leader when Meyer was absent. At
those meetings he was in charge of drilling and gave orders both as to that and
the change of flags. Strange as it may seem, he says that he never heard
National Socialism discussed by any of the speakers, nor did they talk about
the Nazi Party. He was most indefinite as to the dates which were celebrated in
the unit except that he admitted that they did celebrate January 30th, the date
of the founding of the Third Reich, the Beer Hall Putsch and the death of Horst
Wessel, which he admitted no American organization would celebrate. He
contributed $25. to the purchase of the mortgage on Camp Siegfried. After he
was expelled from the German American Bund in 1940, he joined the Kyffhaeuser
Bund, which was dissolved after Pearl Harbor, and through which money was
collected and sent for the relief of German war prisoners in Canada and
Jamaica. The Kyffhaeuser Bund was composed of veterans of the first war, and
this defendant helped pack bundles sent out by them. It was testified to by one
of the witnesses who had worked with him, a Pole, that at about the time of
Pearl Harbor, the witness had stated to this defendant that it was a pity that
the assassination and killing of innocent people was taking place over there,
and Sotzek replied that he thought Hitler was doing a wonderful job, that he
was cleaning out all the Jews, and when asked why he did not go back and fight
for Hitler, he said that he could do more good for him over here than over
there. Two other coemployees testified that after Pearl Harbor, a collection
was taken up in the plant where they were working, for the purchase of an
American flag, and when Sotzek was asked to contribute a dime, he said that he
would if they would hang it up in the toilet. Another witness, the building
superintendent in which the defendant lived, stated that he had seen a picture
of Hitler in the defendants living room and that in a conversation he stated
that Hitler was a Socialist and his government was a Socialist government, that
Socialism was good for the workers, and that Hitler was putting the brakes on
manufacturers and keeping the profit down to 10%. Another witness of English
descent testified that he had a conversation with Sotzek at the time he was
naturalized, at which time the witness said to the defendant that now that he
was an American citizen he could forget all about that fellow on the other side
with the moustache, and Sotzek just smiled and replied: Well, I am an
American, but dont forget I am a German too. I am still a German. When called
in his own behalf, the defendant denied that he had done anything against the
government of the United States or against the laws of this government, and
said he had joined the Bund for social reasons so that he could go out and meet
fellows for card games. He did not study the principles of National Socialism,
and nobody ever lectured to him on the subject, or did he lecture about it. He
did subscribe to the Bund newspaper and received it for about a year, and on
occasions read it, and might have read some articles about National Socialism.
He is rather indefinite as to whether he ever heard occasional references to Adolf
Hitler at meetings of the Bund and what he had done in Germany, but he did not
bother to stop to think whether it was true, and made no attempt to find out.
He admitted that he was an active Bund member and had done much for it. He
realized he says that there was something wrong, and he got into plenty of
arguments with the leaders about it and stopped paying dues.He says that he had
left the Bund some time before he was expelled. He says that the testimony
about what he had said of the American flag was not true. He admits that he had
[*425] a conversation upon the subject, at
which someone suggested that the flag should be hung up in the shop, and he was
opposed to it because if it was put over the machines where all the oil and
dust flew around, it would not be a proper place, and he said it would be just
about as good a place if they hung it in the toilet. He suggested that the flag
should be hung at the entrance of the office or outside, and he contributed
willingly to the flag. He denied flatly the charges made in the complaint as to
the character of the Bund and its aims and purposes, or that he had any mental
reservation when he took his citizenship oath, or that he had violated it in
any way. He is now opposed to the Hitler government since it started its
persecution of religious minorities, and now as a citizen he would like to
fight for this country in this war. He believes that the
principles of the German government and this government conflict, and he favors
our form.He now says he would do anything to defend his American citizenship.
He would, however, like to see a negotiated peace as he thinks it would be
better for everybody. He also produced witnesses, follow-workers with him in
defense work and in his previous employment, to whom he had stated that he
wanted to hold on to his citizenship, that it was quite valuable to him and
that he was proud of the fact that he was a citizen; that he seemed to think
that the cause of his entire trouble was the present government of Germany, and
he certainly did not favor it. Two of these witnesses were Jewish, and in
addition to testifying to his conduct in the shop, they said that his work was
perfect, and that they did not recall one instance when
his work had been rejeted. His employers praised him highly as an efficient
workman, and stated that he has in his work made suggestions which would speed
up the work, and which, when put into practice, did so result. The work in
which his employer was engaged was 100% war work; but this defendant did not
work directly on such work, he was a toolmaker. Notwithstanding the fact that
his employers had been advised by the Army Intelligence that the defendant had
been discharged by a previous employer because of his Bund connections, he was
kept on because of his efficient ability and work, and the employer felt
justified in keeping him and so told the officer of the Army Intelligence. The
testimony given by these witnesses fellow-workers would lead me to believe that
the flag incident referred to above was distorted. I doubt very much if Sotzek,
after Pearl Harbor, would have dared to make such a statement in the presence
of American workmen. Notwithstanding this, however, I feel that the government
has sustained its case against him, and there should be judgment accordingly. Gotthilf Faigle. This defendant came to this country in 1923, returned to Germany in 1925,
came back in January, 1927, and since then he has lived in Youkers. He is
married and has a daughter. He is a gardener, and filed his petition for
naturalization on June 5, 1933, and was naturalized on January 26, 1934. He
became a member of the Friends of New Germany in 1935, and remained such and of
the German American Bund until the latter part of 1940. His answer admits that
since the outbreak of the war between Germany and the United States, he stated
that he did not want to see Germany lose the war. He signed an application on
March 8, 1941, for the purchase of $500 of Rueckwanderer marks, in which is the
statement that he intends to transfer his domicile to Germany, but he says that
the money was sent to his mother, although apparently it was deposited in a
Berlin bank in the name of the defendant and his wife.After he became a member
he heard Winterscheid speak, and criticized him as the lousiest speaker against
the United States, and he spoke mostly of the boycott and urged that they
should not buy from Jewish stores. Meeting of the unit in which he was a member
were held in the Polish Community Center in Yonkers. He did not stop dealing or
associating with Jews after Winterscheids speech, and has dealt with them
while he was in the Bund. He had an O.D. uniform in 1936, having joined that
order at the same time that he because a member. He heard Bund officials speak,
one of them urging that the German people should stick together and be good
Americans and help to bring Americans to a closer understanding with Germany,
which likes to live in peace with the United States. He was a subscriber to the
Bund newspaper and read it. He will not say that it advocated National
Socialism in the United States. He says the he was social unit leader in 1938
and took the office for social affairs only. He got out of the Bund because
Markmann came up to a meeting from New York and told eight or ten of them who
came together that the Yonkers group was lousy, that if they could not do
better they had [*426] better give everything up,
whereupon defendant claims that he said he never was interested to work 100%
for the Bund, only in social affairs, and if it was that way, he would not have
anything more to do with it. This was early in 1939. They had a few meetings
after that and finally closed up in the summer of 1939. He was unit leader for
about a year. He signed the statement for the investigator of the Dies
Committee on July 8, 1941, which he says he did not read, in which, after
relating his membership in the Bund, he stated that he continued as such member
until the latter part of 1940. He says that in his mind America comes first,
that he would be willing to fight against Germany for America if he has to;
that he loves this country and is willing to fight to protect it. The F.B.I.
also visited him and found nothing subversive. He was interviewed prior to the
beginning of this action by the United States Attorney, and apparently said
nothing against himself because no part of that statement was used upon the
trial. He states that he is sorry that he was in the O.D., that he ever carried
the swastika, and that it was a mistake that he joined the Bund. I do not think
the government has proved by the greater weight of the evidence that this
defendant should lose his citizenship, and the complaint against him is,
therefore, dismissed. Richard Schmidt. This defendant, sixty-three years of age, served as chief engineer of the
German Navy in the last war, and was decorated with the Iron Cross. After he
arrived in the United States in 1925 he received a further decoration of the
Front Cross from the German Consul here. He received from the German government
a persion of from $62 to $65 a month from 1920 until a short time after he
became a citizen. He worked here for one company for seventeen years until he
was discharged on December 17, 1942, at the request of the government. He
purchased his own home in Poughkeepsie in 1929 before he became a citizen. He
filed his petition for citizenship on April 7, 1932, and was admitted on July
9, 1932. He became a member of the Friends of New Germany in 1934, joining the
Poughkeepsie unit, and at the first meeting he was appointed leader of the O.D.
After the name was changed to the German American Bund he was treasurer of the
unit. His son Edward had joined two to four weeks before he did, and his other
son Otto became a member of the German American Bund in New York City in 1936
or 1937. The O.D. ceased to exist in the Poughkeepsie unit at the end of 1938.
His son subscribed to the Bund newspaper and he and this defendant paid for the
same alternately. Both had access to it. He attended meetings regularly and
continued his membership until December 12, 1941, just after Pearl Harbor when
he renounced it. He attended the 1938 national convention. Many of the national
leaders at times addressed the Poughkeepsie unit. He attended officers
meetings in New York every three or four months when notified by national
headquarters. He ceased his activity in the O.D. in 1935 because of illhealth
and because he did not like it too much detail work to be done, and too many
orders given. In September 1940 he sent some of his records to national
headquarters and burned the rest, consisting largely of membership records. He
had an uneasy feeling about them and he smelled a rat. The unit received Bund
Commands from time to time and followed them so far as they saw fit. They were
read to the members. He told the post-master to take his name off the mailing
list because after an investigation he thought the Bund was somewhat
un-American and he was getting uneasy. After Pearl Harbor he says he was mad as
a wet hen because he had been fool enough to give the Bund any money; that his
home was investigated by the F.B.I., in 1942, and Nazi literature, calendars
and song books and a picture of Adolf Hitler were found in his house. He says
some of the material found was un-American, that he knew it was there, and had
told his son Edward, in whose room it was found, to clean it out. He assisted
the F.B.I. in making a complete search of his house at that time.When he came
here he brought his wife and two sons with him and left no property behind him
and came here for good. He says that when he became a citizen he knew he would
lose his pension and he did. He did not regard his oath of allegiance as
temporary. It was permanent and he made no reservations as to anyone and it
still holds good. He says that he told the United States Attorneys office that
he would fight for the United States. He gives as his reason for joining the
Bund in 1934 was so that it would make it easy for his son, whose boss had
formed the Poughkeepsie unit and had forced the son to join. [*427]
His son told him the Bund could not be bad from what he had heard, and that it
would help him with his boss if he, the defendant would also join. He says that
he does not believe in the leadership principle, that he is not anti-semitic in
any way, and he does not believe in the superiority of the German race or of
the German blood. But he does believe that we are all children of God, and if
He created different races, then He would have different reasons of his own for
that which we cannot look through. He had never heard of Hitler before he came
to this country, he had heard that there was a National Socialist movement
prevalent, but did not know what it was. He stated that he wanted to see
America win this war, that he would be willing to fight for the United States
even against Germany. His two sons were drafted in the service of the United
States and his oldest son Edward died in October while in the service, was
buried with full military honors, and the pallbearers were members of the
American Legion of the Poughkeepsie Post. His son Otto is still in the United
States Army. He frankly admitted that he had not lost his pension forever, and
that it would be paid to him again if the acquired German nationality.He did
not intend ever to go back unless he became old and feeble and could not
support himself any longer, and in order not to go to the poorhouse and be a
burden to this county, he might go back and have his pension restored, but that
would be the last thing that he would do. He did not want to do that. He had so
told the United States Attorney. In 1940 or 1941 he bought $350. Rueckwanderer
marks so that he could buy his steamship ticket back in case he could not live
here any more. His son Edward also purchased them. He cannot say why he sent
the marks over to Germany. He insists that he never intended to renounce his
citizenship in the United States. This defendant has not shown to have done or
said anything which would justify the cancellation of his citizenship, unless
perhaps it was his joining the German American Bund. But even in his activities
in that organization, while perhaps he might be said to have at times done
things which an American would not do, yet judging his actions, as I think I
should, as having occurred in peace time, I can see no reason to find that he
violated his oath of citizenship in any way or that he had a mental reservation
when he took it. I was impressed with his frankness when he was called as a
witness by the government. The complaint will be dismissed as to him. Werner Ulrich. This defendant has been in this country since he came here in 1929. He
filed his petition for naturalization on March 20, 1940, and was naturalized
August 8, 1940. Six years before he had joined the New York unit of the Friends
of New Germany in 1934 and remained a member during that year, although he was
not active. He was not active in the years 1935 and 1936. He went into the
German American Bund in January 1937 and continued there until September 1940,
after he was naturalized. He says that his sole reason for joining either
organization was to make a living; that he was a member of a German theatre
organization who thought that by the aid of the Friends of New Germany and the
German American Bund they could be helped in their livelihood by giving German
plays for one or the other of the organizations, and by their assistance in
selling tickets, and this defendant was picked by that organization to be a
member of the two of them, and that is why he became such. He did not subscribe
to the Bund newspaper, but saw it from time to time when someone else would
bring it to the theatre or where he was. In a letter submitted as his answer in
this action, he states that he is willing to take up arms, but that he is
physically unacceptable to the armed forces as a volunteer; that since his
arrival in the United States he has supported our Constitution and laws and has
been helping in the war effort to the best of his ability, by buying defense
stamps and donating to such drives as were conducted; that he would rather
starve here than go back to Germany where he would have been able to obtain a
job in the field in which he started as a youth. He states in that letter that he
told the Assistant United States Attorney they he hoped for a negotiated peace
and still does, which means a satisfactory conclusion of war and not a
totalitarian war. He joined the O.D. in 1937 and attended some of their
ceremonies here and in the camps in uniform. His unit celebrated German
holidays as they came. He was cultural warden in his unit and attended the 1938
and 1940 conventions and also the banquet at the close of the 1937 convention.
Until he was naturalized he was not a full-fledged [*428]
member of the Bund but only a member of the Prospective Citizens League,
although he attended meetings and paid dues as did other members. He testified
that he had not seen or heard anything while a member of the Bund that
prevented him from taking a true oath of allegiance to the United States, and
there was nothing that he had heard in the Bund which in his opinion was
opposed to the form of government of the United States.It was shown that he
attended the Winterscheid school and that he had said with reference to the
pamphlet describing the aims and purposes of the Bund that it was propaganda to
create the impression that the Bund was within the law; that the pamphlet was
written so as not to incriminate the Bund in any way; that the main idea of the
Bund was not exactly as the pamphlet stated. It was shown that he was active in
the dramatic group of the New York unit. He said in his own behalf that his
feelings are for America and that he has felt that way since 1930; that he is
loyal to the United States and has remained so since he first took out his
citizenship papers; he is in favor of a democratic government and could not
stand any despotism like Hitlers; that he would fight against Germany, but so
to fighting in Germany he would like to fight elsewhere, but if he were sent in
our army, he would fight over there. He produced a number of witnesses, many of
whom were members of his theatrical group, who testified to his loyalty to this
country and that they had never heard him make any statements in favor of the
Nazi government; in fact, they had never heard him discuss Hitler or his
government. On the contrary, they say that he believes in our systems of
government as a good one, that he chose this country of his own accord and was
glad he had made the choice. At the 1940 national convention which he attended
about three weeks after he became a citizen, he prepared some notes for use by
Klapprott, one of the national officers and a speaker at that convention. He
felt that the Bund members had not been sufficiently informed as to the
purposes of the Bund, that some had ideas that were definitely un-American, and
these people were saying un-American things which the defendant said he did not
believe in that he felt that the matter should be more fully developed for the
education of the Bund ideas. These notes were introduced in evidence. They are
significant as to what was running through this defendants mind so soon after
he took his oath of allegiance. In those notes, he suggested that Klapprott,
who was in charge of education and culture, should stress instruction for
officers and Bund members in Bund affairs; that that instruction should deal
with the racial question from A to Z, the German and American national and
social policies with National Socialism and with the German world philosophy; a
psychological education for the bearers of the highest rank to become fuehrers;
there should also be consideration for the cultural attitudes of races and the
preservation of German culture, in early and present day racial questions, the
science and description of races and their characteristics, and as to the
physical, cultural and economic determinations as it affects the rates. This
defendant was active in the Bund at the time he took his oath of allegiance.
Even a short time after he was insisting that the principles of the National
Socialism, of blood and of race, and of leadership shoud be expounded and
taught more fully, not only to the leaders but also to the members. These were
not American things and they did not help our American way of life, but to the
contrary. I think his citizenship should be cancelled and judgment will go
accordingly. Martin Heinrich. This defendant has been here since 1923, has two clildren born in the
United States, one aged eleven and the other fourteen. He was naturalized on
April 16, 1925. He joined the Friends of New Germany in 1934, nine years later,
and continued in that organization and later in the German Admerican Bund until
November 1941. He was a subscriber to the Bund newspaper when he joined, and
continued as such until July 17, 1941, bought it at times thereafter, and read
it and also other newspapers received from Germany. He solicited advertisements
for the Bund paper, and also worked for it in wrapping up newspapers for
mailing. He was also a uniformed member of the O.D. and was a regular attendant
at meetings and also visited the two camps. His children attended Camp Nordland
for three or four weeks one school vacation. He became the O.D. leader of the New
York unit in July 1940, and continued as such until he left the Bund. He
attended with Winterschied school in 1937. His wife was a symphthizer in the
organization in 1938 and 1939. [*429] He attended
the national conventions in 1936, 1938 and 1939. He admits that National
Socialism was talked of in the Bund and that speeches were made upon the
subject; he states that that philosophy was discussed as being good for
Germany. He also real about it in the newspapers. The Bund admired what Hitler
was doing for the German people, and celebrated his birthday on numerous
occasions. The defendant heard discussions on the so-called blood philosophy,
but upon the theory that the Germans who did not become naturalized would
always be Germans. When his home was searched with his consent by the F.B.I.,
many German documents, pamphlets, songs and German propaganda were found in it,
some of which he denied having there, but which were amply proven to have been
there. There were other clippings in his home, which were not removed at the
time, and among them were some which, if anything, were pro-American, some of
them having been cut out by his son. It further appeared that his children were
brought up in this country, attended public and parochial schools here; that
defendant had been interviewed several times by the Assistant United States
Attorney, and had testified before the Grand Jury. Nothing, however, was
introduced from these interviews or testimony which would in any way reflect
against him. He testified that if he were asked to fight for the United States
he would. Other than his membership and activity in the Bund, nothing is shown
which he has said or done which would in any way justify a finding that at the
time he took his oath in 1925 he had any mental reservation as to allegiance to
this country or otherwise. The government has failed to prove that this
defendants oath was in any way fraudulently taken, and the complaint against
him must be dismissed. Urban Kugler. This defendant first came here in 1913. He returned to Germany and came
back in 1922, and filed his first citizenship paper in May 1922. He was
naturalized on June 11, 1928. He joined the New York unit of the German
American Bund in March or April, 1939, and remained a member until the Bund
closed and during that period was also a subscriber to the Bund newspaper which
he continued to receive until Pearl Harbor. He does not remember filling out an
application to join and gave no reference. He says he does not know if the Bund
operated on the leadership principle, or what that means. He seldom heard
speakers because he was not able to attend meetings before ten oclock in the
evening by reason of his employment. He was always late, but in time to partake
of the beer. He was a member of the O.D. from the time he joined the Bund, but
attended its meetings about once a month, although it met weekly. He had no
uniform and took no part in the drills or training. He had a tent at Camp
Nordland in 1939 and 1940. He heard Kunze speak at Camp Nordland in 1939 and
1940, on the subject of keeping America out of the war. When he visited the
camp, he took his daughter with him, and in 1939 she spent two weeks there as a
member of the Youth Group, Like others, when in attendance at meetings he used
the Nazi salute and the Sieg Heil. He read the newspaper, but read nothing, so
he says, about National Socialism. He did read of celebrations of Hitlers
birthday. He had attended meetings and was also at the camps before becoming a
member, and probably subscribed to the Bund newspaper as early as 1936. He now
says that if he would be in the army he would fight for the United States
against Germany on German soil, although before Pearl Harbor he had told
someone that the only time he would fight would be if America was invaded; he
says that it is possible that he might have felt that way because it was taught
in the German American Bund. He does not know who taught that but he had read
many articles in the newspapers in reference to keeping America out of the war.
A picture was shown of his entire family standing beneath the American and
swastika flags, taken in 1937, at which time he had the bungalow near or in
Camp Nordland. He did not consider that was un-American because at the time
Germany and America were friendly, and he was not then a member of the Bund. He
states he was in favor of the Draft Act as an American citizen, and he had read
that Kunze had asked the President to veto it, but that was what someone else
said. Before the war he testified the German people were as good friends to him
as were the American people; that he never felt that once a German always a
German, or that blood is stronger than a mere piece of paper. His citizenship
paper to him is an honorable one and when he became a citizen, he had no
thought of war or that one day he would have to fight against Germany, and even
if he had, he would still have become a citizen. His wife is an American [*430] citizen by naturalization, and he has one child. Aside
from the membership of this defendant in the Bund, in which he is not shown to
have engaged in any particular un-American activity, and which membership, in
any event, took place ten years after he became naturalized, I cannot see that
the government has produced any evidence of a mental reservation or a
fraudulent oath. The complaint as to him must be dismissed. Franz Xaver Schneller. This defendant served in the German Infantry from practically the
beginning to the end of the last war, and was decorated with the Iron Cross and
the Bavarian Cross. He still has five sisters and three brothers living in
Germany. He came here in 1923, returned to Germany in 1930, for about six
months, and again in 1936, for four months. His wife, an alien, is now interned
at Ellis Island. He joined the White Plains unit of the German American Bund in
May 1937, and although he admits subscribing to the Bund newspaper, his best
recollection is that he did not read it. He resigned from the Bund April 1,
1939, filed his petition for citizenship November 21, 1939, and was naturalized
April 14, 1941. He testified before the Grand Jury in June 1942 that he
resigned from the Bund as he intended to join the German organization. After
resigning as a member he continued as a sympathizer of the Bund, his application
in that respect stating that he proclaimed himself a promoter of the American
German Volksbund, the aims and purposes of which were knows to him, and he
pledged his best efforts toward their support, stating that he was of Aryan
descent and not of Jewish or colored recial mixture. He remained a sympathizer
from then on until after he became a citizen. On August 15, 1939, he purchased
Rueckwanderer marks, his application being for $1500 worth, stating that he
desired to reimmigrate in September, and he took passage for Germany on the
Bremen for himself and wife, but did not go. He was not sure whether he
wanted to go to Germany permanently; it would depend on how he liked it there.
About the same time, the Von Hindenburg Cross was conferred upon him by the
German Consul in New York, for his service in the last war. He thinks he made a
statement before the Grand Jury that he intended to live in Germany permanently
when he purchased the marks, and to transfer his assets there, and at that time
he registered with the German Consul; that was after the war had broken out in
Europe. Before he became a citizen he naturally believed in the National
Socialistic form of government, that the Nazi Party was all right, and he
admitted that he did so believe up to the time he became a citizen, and he then
claims that he forgot it. After he became a citizen, however, he admitted that
he had stated to several people that he wanted Germany to win the war against
the United States, but at the time of the trial he did not exactly feel that
way. He frankly admitted that he wanted to see Germany win because of what
Germany went through the last war and so that it would not happen again; and he
also admitted that that thought was not right, that as an American citizen, his
first thought should be American. Notwithstanding these admissions, he now
states that he would fight in the United States army against Germany. He knows
that National Socialism is a one party system, contemplates leadership by one
man is based on the blood theory of the Aryan race, none of which is consistent
with the Constitution of the United States.I cannot reconcile this defendants
beliefs up to the time of his naturalization, and his statements thereafter
with a whole-hearted taking of the oath, nor with his statement that he took it
without any mental reservation. It is clearly shown to my satisfaction that it
was fraudulently taken. Judgment will go for the plaintiff. Paul August Rausch. This defendant was in the German army in the last war and received the
Iron Cross, Second Class, and a silver medal for his service. He petitioned for
naturalization on October 13, 1932, and became a citizen on January 23, 1933.He
joined the Bronx unit of the German American Bund in September 1938, and
remained a member until the summer of 1940, during all of which time he was a
subscriber to the Bund newspaper. He has a mother, brother and sister living in
Germany, and his wife, who is an alien, has also a brother and two sisters
there. He denied his signature upon the application to purchase Rueckwanderer
marks. He denied that he sent any money to Germany. He even denied his
signature upon his citizenship papers, and did not know if his signature was on
his petition for citizenship. He admitted his signature on page 2 of his
application for a certificate of arrival, but would not admit [*431]
his signature on page 3 of the same document. He did not recall his application
for the purchase of $2,000 of Rueckwanderer marks on September 28, 1940,
although it bore the correct date of his birth. He became a member of the O.D.
and wore its uniform. He had visited Camps Nordland and Siegfried, but said he
heard no speeches there. He denies upon the trial that he was a subscriber to
the newspaper, although he had admitted it in his answer. He did say he bought
it once in a while on the stands, and sometimes did not even read it; he
listened once in a while to short wave broadcasts from Germany, wrote to German
war prisoners in Canada, and sent them packages during the summer of 1941.He
professed his willingness to fight for the United States against Germany on
German soil if the government desires him to do so, but denied that he had ever
told anyone that he would not fight for the United States unless Germany
invaded this country. At the same time he testified he did not know if the
United States was justified in declaring war on Germany, that he did not think
she was, but he also said that he was no diplomat and did not know how it was
involved in the war, but that as an American citizen, he did think that the
United States was justified in declaring was on Germany. He has contributed to
the Red Cross and has been using more than 10% of his salary to purchase United
States defense bonds. After the week-end, he was recalled to the witness stand,
and admitted his signature upon all of the documents mentioned, which included
an application on September 28, 1940, for the purchase of marks, in which he
stated that he intended to transfer his domicile to Germany, his letter of the
same date to the Bank of Manhattan Company requesting it to place to his and
his wifes credit in the Berlin bank $500, a second letter on October 19, 1940,
to the same bank requesting an additional deposit in Berlin of $100; another
letter to the same bank on January 27, 1941 with reference to a similar deposit
of $400, and another letter on April 28, 1941, to the same bank with reference
to a similar deposit of $300. He then had a distinct recollection of the
transaction with reference to Rueckwanderer marks, about which he had no
recollection on his first appearance on the witness stand. He denied that he
intended to return to Germany, stated that he had been here eighteen years, and
never intended returning, that he had contracted to purchase real estate here
on November 21, 1927 for $3,070, and had fully paid for it, receiving a deed on
July 29, 1932. He also admitted that he had told the United States Attorney on
July 20, 1942, that he would not fight for the United States unless Germany
invaded this country, but had changed his mind since the complaint in this
action was filed against him. Along with other facts finally admitted, it was
shown that he had in his home short wave radio programs sent out by Germany,
and that in 1936, 1937 and 1938 he had stated that he believed in National
Socialism, the greatest thing that had happened to Germany, that it was a good
thing for Germany and for this country too, that democracy was obsolete, and
that we should have a man like Hitler at the head of this country. His
statement in July 1942 to the Assistant United States Attorney was offered in
evidence. At that time he denied that he was a member of the Bund. He stated
that he wanted to see the United States win the war, that he would fight on
this side but not on the other side, he was too old, he would not go to Europe
to fight; that he did not know if the United States was justified in declaring
war on Germany; that he would fight Germany if she invaded this country, but
would refuse to go on the other side to fight there. It was shown that in the
plant where this defendant is employed in defense work he was an intelligent,
skilled and conscientious workman. I was distinctly prejudiced by this defendants attitude and testimony
while on the witness stand, and concluded that he was unworthy of belief. He
undoubtedly believes in National Socialism and approves in every way of Adolf
Hitler and his regime, believing that it would also be good for this country.
He has not been shown to have done anything disloyal, but his mental reactions
were obviously pro-German and pro-Hitler. I do not believe that at the time he
took his citizenship oath he had entirely renounced his allegiance to Germany,
and I do not believe that he then or since intended to support the Constitution
and laws of this country, or to bear true faith and allegiance to the same.
Judgment will go against him. Carl Steger. This defendant was born February 26, 1910, and came to this country on
August 24, 1926, when he was sixteen years of age.He filed his petition for
citizenship on January 17, 1935, and was [*432]
naturalized April 26, 1935. He joined the New York unit of the German American
Bund in March 1937. He had attended a meeting in the Madison Square Garden in
which the Bund participated in October 1936. He remained a member of the Bund
until 1941, and during the same period was O.D. man and attended its meetings
and membership meetings regularly, as well as all of their celebrations. He
joined the Bund because he understood it was a full American organization, and
was trying to get a representative in the United States government for the
German American element. Although he admits he was a subscriber to the Bund
newspaper over the period of his membership, he says that he did not read it.
After the Bund dissolved, when the United States entered the war, he became the
president and member of the Yorkville Community Singers. He attended
celebrations at the two camps in his uniform, and joined in the singing of the
Horst Wessel and Deutschland lieds, as well as the Star Spangled Banner.
Although he signed an application for membership, which committed him to the
leadership principle and to a knowledge of the aims and purposes of the Bund,
he says that he did not read it because he though he knew all about the Bund,
but never heard of the leadership principle until the trial of Fritz Kuhn. He
testified that when the United States entered the war, the Bund dissolved
becaue it had no business to exist; they were to stand on the side of the United
States and to fight for America as American citizens. He had been interviewed
three times in which he had stated that he was willing to fight in Germany
against Germans but he said he answered he would not like it because of the
people he remembered and the surroundings he had lived in, but if he was in the
army he must take orders. In the last of these examinations he stated that he
would not fight against Germany if he were called by the United States. He had
exercised the right to vote ever since his naturalization, except that he did
not vote in 1942 because he felt that inasmuch as the complaint in this action
had been filed against him he had no right to vote. He married in November
1932. His wife is not a citizen, and he has one child eight years of age. He
admits that when interviewed, he said that he would not like to fight Germany
but that he did say that he would fight his own father if he appeared on the
borders of the United States. His statements to the United States Attorney on
June 29th and July 18, 1942 were offered in evidence. It appears from them that
when asked whom he would like to see win this war, he said that he did not
think that it would be won by anybody, that it would be some sort of a
compromise; he did not know if Germany was justified in declaring war against
the United States; he supposed they had their reasons, that he did not know
much about those things; that the present form of government in Germany may be
all right over there but not good anywhere else; that he preferred the form of
government here and he did not know any other form; and stated that he would
fight for the United States to defend its shores but would not go abroad. I do not think the government has proven its case against this defendant
by a preponderance of evidence. This man came here when he was sixteen years of
age; he was too young to take part in the last war or to know much about it.
His adult life has been lived here. He was naturalized at twenty-five, and has
exercised his right as an American citizen until this suit was brought against
him.He was married here and his child was born here. I do not think his
statements prove that at the time he took his oath he did so fraudulently or
with any mental reservations as to its contents. The complaint is dismissed as
to him. Franz Wunschel. This defendant served for five months in the engineers division of the
German army in the last world war, and came here in April 1927 with his wife
and one child, and since his arrival another child has been born. He still has
his parents, four borthers and a sister in Germany. He returned to Germany in
April 1934 because of the illness of his daughter, but came back in August of
the same year. He filed his petition for naturalization on October 28, 1935,
and became a citizen on May 18, 1936.He was a member of the New York unit of
the German American Bund from January 19, 1939, to May 1941. His answer in the
form of a letter written and signed by himself states that he joined the Bund merely
as a family member (it appears there is no such classification of membership)
for the purpose of entertainment and recreation at camp; and in it he denies
that he refused to fight against Germany, but states that he is willing to
fight against [*433] Japan and Italy but would not
like to fight against his native country. His son Max was also a member of the
Bund, having joined before the defendant in 1935, and also of the O.D., but was
never a member of the Bund Youth nor was the daughter, although she was in the
camp once or twice but took no part in the classes. The defendant says he was
never a member of O.D. although he admits attending some of their meetings and
attended one of the Madison Square Garden celebrations dressed in what looks like
an O.D. uniform, and he did O.D. duty on that occasion. He was a subscriber to
the Bund newspaper, but cannot remember if he read it. He had a $25 interest in
the mortgage on Camp Siegfried. He obviously intended to return to Germany but
denies that it was to be permanent, testifying that he would only go back until
his child got well and for that purpose had paid in over $7,500 for
Rueckwanderer marks on April 15, 1939. He had applied for $14,300 worth of them
on March 11, 1939, and shortly after making the application he put up his house
for sale. The $7,500 he paid in was to be placed in his credit in a Berlin
bank. He denied that he intended taking everything he owned to Germany, but
claims that he had to send the amount mentioned there because he intended to
take his entire family back with him and could not tell how long he was going
to stay there; that he believed that it would take that long to cure his
daughter of the skin disease of which she was obviously suffering. He denies
that he knew what the Bund stood for or that he ever told anyone that it stood
for National Socialism and Adolf Hitler. It was testified to by one witness who
worked with this defendant in defense work that in 1941 prior to the
declaration of war by Germany, he was very much in favor of Hitlerism and
German workmanship and material; that he was going to make his money during the
war and return to Germany right after; that he thought it was funny that he was
employed by a defense factory and still was a member of the Bund and of the
Silver Shirts. It was proven by another witness that defendant in 1940 and
1941, before the war, had requested the witness to lay down on the job, that he
was doing it because he wanted to help Hitler in Germany, referred to the
President in contemptuous words, and criticized his sending bombers to England;
and further stated that the war was not going to end like it did in 1918, and
that if the United States went to war her would not fight for America against
Germany. The defendant denied making these statements. A Jewish woman sworn as
a witness for the defendant, testified to the illness of the defendants
daughter, that he was very happy to become a citizen, that his attitude toward
the Jewish people was friendly, and that his reputation was good, but she did
not know he was a Bundist. Witnesses from the Brewster Aeronautical
Corporation, where defendant was employed, said his record there was fine, that
his work was satisfactory, that he had been given six merit increases in wages
on the recommendation of his department foreman, and that his employment there
was terminated at the request of the Navy Department, the reason not being
given. In his own behalf the defendant testified, among other things, that he
did not intend to give up his citizenship had he gone to Germany for the
purpose of endeavoring to cure his child of her disease, but would return as
soon as she got well; that he would not like to fight against Germany because
of his four brothers and brothers-in-law unless he has to, but would fight
against Japan and Italy. He denied that he retained any allegiance to Germany
whatsoever. This particular defendant, I think, presents a much closer question of
fact than the others. It is obvious that this man about or just prior to the
outbreak in Europe, had transferred a large part of his money to Germany and
planned to send more if he could dispose of his real estate. He says that he
did this for the purpose of insuring him sufficient money when he took his
family and sick child to Germany. He denies, of course, that he wanted to stay
there permanently, but I doubt his statement.His employment in defense work was
satisfactory. He obviously did not lay down as it is said he advised another to
do. He was not and is not ready to defend this country against all enemies. He
is not shown to have been active as a Bund member. His admitted statement that
he would not fight Germany made so soon after his oath of allegiance and when
that oath was first really put to the test leads me to believe that he never
became a full-fledged American, and for that reason I do not think he should
continue as one. Judgment will go for the plaintiff. [*434] Ernst Schwenk. This defendant came here in 1923. He has a brother and a brother-in-law,
two sisters and a mother in Germany, and his brother and brother-in-law are
serving in the German army. He joined the Friends of New Germany in September
1934 and remained a member until February 1935.He joined the New York unit of
the German American Bund in the spring of 1936 and continued his membership at
least until Pearl Harbor. While a member of the Bund, he filed his petition for
citizenship on July 20, 1936, and was naturalized on January 20, 1937. He
attended the Winterscheid school, and at the banquet at the end of the 1937
national convention. He admits that he sold books and pamphlets for the Bund,
of the contents of which he pleads ignorance. During his membership in the Bund
he was a subscriber to the Bund newspaper. He originally joined the Friends of
New Germany because of the boycott against the German people, having attended
one meeting before at which speeches were made against the boycott. He attended
membership meetings regularly, went to both Camp Siegfried and Camp Nordland,
contributed $25 to help pay the debt against the first mentioned camp and $12
in November 1940 for bail money at the time Fritz Kuhn was indicted and tried.
He also contributed other moneys and was a collector for what was known as the
fighting fund of the Bund, to help pay up the debts and defend Kuhn. He was
also an O.D. member from the summer of 1936, had its uniform and paraded with
it; he was also block leader one who gets members to come to the meetings,
and distributed books; pledged himself to conduct his office in strictest
accordance with leadership principle upon which our movement is founded, and
agreed to obey its rules and orders.He was the book warden, taking care of the
books of the New York unit, acted as secretary of the unit on one occasion, and
the books in his charge and sold by him included Mein Kampf, in German and
English, Mythos of the 19th Century, written by Rosenberg, who he said was
the educational leader of German, Blood & Honor, Germany Under Hitler,
as well as German newspapers including Adolf Hitlers, the official paper of
the Nazi Party, and others. He sold these various books and out of the profit
made his living, from 1936 to the end of 1941. Although he pleaded ignorance of
their contents, he says many of these books told the truth and he believed
them. Although some of the books spoke of National Socialism, he had never
heard of it; but admitted he had read a little about it but was not quite sure
what it was all about. He knew that the Bund operated under the leadership
principle, that he subscribed to it, that it was one of the big principles of
National Socialism and under which the Hitler government operated. He does not
think it is good for the American people. He stated that if the white race was
to be superior here in the United States it must define a line between the
negroes and Jews; it does not have to have National Socialism but it would have
to draw a line definitely; there should not be so much of a mix up with the
colored people by intermarriage, and the white man should not be a Jew or a
colored man. He has felt that way when he became a citizen; it was his instinct
and belief.He definitely declared, however, that he is first a United States
citizen and next a German; as long as he is a citizen of the United States the interest
of the United States is first. He admitted that he had told the United States
Attorney that a German is a German; if he did anything else his life would be a
lie; that this is not a national country like in Europe, there is no real
national character here. He testified a German could not be anything else but a
German. He also told the United States Attorney that his first country was
Germany and next comes the United States; and that you could not expect
otherwise from a naturalized citizen. He testified flatly that he would not
fight against Germany even if he were called by the United States to fight;
that he would not fight because he has brothers and sisters and his mother
there, and he would not fight against his own blood; that he considers that
before his citizenship The language of the blood is more important than
anything else. Even in answer to questions of his own counsel, he stated that
if he were inducted into the United States army and sent to Germany he would
not fight for the United States against Germany on foreign soil. To one witness
he had stated he would like to see the same government here that Hitler has in
Germany, that he liked the idea of Hitler, and the United States needs one like
him. It was also shown that he had stated to the United States Attorney in July
1942, among the other things already mentioned, that he [*435]
wants Germany to win the war and that if she did he would be happy. Upon being
recalled to the stand in his own behalf, he testified that he is willing to
defend this country against all enemies. He repeated again that the language of
the blood is more to him than anything else, that his blood was more important
than citizenship, that he had not changed his mind upon that subject, that he
had always felt so and felt so at the time he took his oath of allegiance to
the United States. Enough has been shown to satisfy me that his citizenship oath was
fraudulent and that he should no longer be a citizen of this country. Judgment
will go against him. Friedrich Hackl. This defendant served for five or six months in the German army in the
last war. His father, sister and two stepbrothers are in Germany. He came to
this country in 1925, went back in 1928 for a year and eight or nine months,
and again in December 1936 for about four weeks. Since January 1937 he has been
continuously here. He filed his petition for citizenship on March 24, 1937 and
became a citizen on January 3, 1938. He admits in his answer that he was a
member of the Friends of New Germany but he stated upon the trial that he did
not become a member, that he started his connection with the New York unit of
that organization in the summer of 1934 by doing prining for them, and his dues
in the organization were taken out of the bills rendered by him. He continued
his association with that organization until its name was changed to the German
American Bund, and he joined the latter to get business, and from which he
continued to get work in 1938. He says that he never resigned from the Bund
because he did not think he had joined and he does not remember getting any
work from it after 1939. He printed the first issue of the Bund newspaper of
November 15, 1934. He also printed song books for Von Holt, and also the book
Hitler Is Right, but he says that was not printed for the Bund but for its
author Hesselbein. He also did other printing as and when required by both
organizations. He threw out some of the matter in his office when he read in
the newspaper that the government seemed to have something on them, and that at
the time of Pearl Harbor he became afraid of the organization and destroyed
some more of the Bund stuff. He was a subscriber to the Bund newspaper in 1937,
and the records show that he received it until December 1940. He joined many
other organizations in order to get business and for which he did printing. He
claims not to have attended any meetings of the Friends of New Germany or the
German American Bund, but did go to some of their celebrations; he states that
he went there to collect the money due him for printing. He denies that he was
a member of the O.D. or ever had a uniform. He denied that he went to Germany
in 1936 for the purpose of exchanging his business for one in Germany, although
he admits that he had such a thing in his mind, and looked at some business
over there at the time, he did not like living conditions there and did not
want to stay there, and still feels that way. He had his business appraised
here, about the time he signed an application for Rueckwanderer marks in August
1939, for the purpose of selling it. He stated he was not making any money in
his business in 1938 or 1939. The purpose of the appraisal, so he says, was to
make it high and then he might exchange with a refugee in Germany whose business
he could sell and then come back to the United States. There was a picture of
Hitler in his place of business. This defendant was a printer on Second Avenue
in New York City, engaged in printing for the public generally. Samples of the
printing done by him for various organizations and political clubs were offered
in evidence. He was married in 1935, his wife is a citizen, and he built a
bungalow here in 1941 and 1942 upon lots which he and his wife had previously
purchased.He professes to be attached to the principles of the Constitution and
has not changed his mind since his citizenship oath. He states that he will
take up arms and fight against enemies of the United States. It was testified
to by one of his former employees that the defendant had said in 1936 that he
was going to Germany to exchange his business, that if he liked the business
there he would return to this country to complete arrangements and then return
permanently to Germany; that he returned in 1937 and when asked if he was going
to sell out his business or was going to stay here he did not answer. This
witness also testified to the printing by this defendant of material praising
National Socialism and Adolf Hitler, some of which attacked the President and
the government and favored a Hitler from of government in this country, and
that defendant had told him the Bund was a good thing in that it [*436] keeps the Germans together in the United States and
that we could use a man like Hitler in this country; and when the war started in
Europe he said it would not be like it was in 1918, they would not starve over
there. This defendant does not seem to have done anything in and for the Bund
except printing. The statements which he made are not sufficient to convince
that he had any reservation when he took his citizenship oath. I am not
inclined to cancel his citizenship simply because he was a member of the Bund
and printed for them whatever they sent to him. It is not shown that he
distributed any of it or that he ever did anything or that he ever took any
active part in Bund affairs. In other words, the government has failed to prove
by the preponderance of the evidence that it should succeed. Herndon v. Lowry,
301 U.S. 242, 249, 260, 57 S. Ct. 732, 81 L. Ed. 1066. The complaint as to this
defendant will be dismissed. Judgment will, therefore, be directed for the plaintiff against the
defendants Kuhn, Kunz, Koehler, Von Holt, Heller, Sotzek, Ulrich, Schneller,
Rausch, Wunschel and Schwenk; and dismissing the complaints against the defendants
Finders, Cyler, Hoeflich, Faigle, Schmidt, Heinrich, Kugler, Steger and Hackl. Separate findings and judgments should be filed in each case. The
successful party may submit proposed findings, serving the same upon opposing
counsel, who may have one week in which to make objections. The court will
determine the final form of such findings. |