Law to reorganize the relations of the Reichsbank and the Deutsche Reichsbahn

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Law to reorganize the relations of the Reichsbank and the Deutsche Reichsbahn

The law to reorganize the relations of the Reichsbank and the Deutsche Reichsbahn ( RGBl. 1937 II No. 8 p. 47) was the implementation of a declaration by Adolf Hitler of January 30, 1937 before the Reichstag , in which he announced the elimination of foreign influence and expressed the intention to submit both the Reichsbank and the Deutsche Reichsbahn to the Nazi government directly.

Outline of the law

The law was dated February 10, 1937 and was divided into three articles, preceded by a declaration of intent. The resolution referred to Hitler's declaration of January 30, 1937 before the Reichstag and announced the unrestricted sovereignty of the German Reich over the Reichsbank and the Deutsche Reichsbahn. The decision was made by the Reich government.

The first article concerned the Reichsbank and was divided into five paragraphs. These paragraphs are preceded by a list of the statutory provisions that refer to this regulation and have therefore been partially changed.

The second article concerned the Deutsche Reichsbahn and was divided into five paragraphs. The third article consisted of a sentence and determined the date of entry into force of the law.

First article - Reichsbank

In the intent of the article, the reference to the Banking Act of August 30, 1924 (RGBl. II 1924 p. 235), the version of the law of July 8, 1926 (RGBl. II 1926 p. 355), of March 13, 1930 ( RGBl. II 1930 p. 355), to the ordinance of the Reich President of December 1, 1930 regarding the sixth part (RGBl. I 1930 p. 517 and p. 591) and to the law of October 27, 1933 (RGBl. II 1933 P. 827).

1st paragraph

The first paragraph determined the change in the text of the law cited in the intent in Section 1 Paragraph 1. The Reichsbank was declared a legal person under public law . Its task was to regulate the circulation of money in the territory of the Reich, to facilitate payment transactions and to ensure the use of capital.

2nd paragraph

The second paragraph determined the amendment of the text of the law cited in the intent in Section 6, Paragraph 1, Clause 1. The Reichsbank was administered by a directorate of the Reichsbank. This Directory was directly subordinate to the Reich Chancellor. A president assumed the chairmanship of the board of directors. Several members formed the board of directors.

3rd paragraph

The third paragraph determined the amendment of the legal text cited in the intent in § 21, whereby the last paragraph was omitted.

4th paragraph

The fourth paragraph determined the amendment of the legal text cited in the intent in § 25 paragraph 3 sentence 1 and sentence 2. The Reich entrusted the processing of all banking business to the general Reich administration of the Reichsbank, insofar as this was permissible under the provisions of this law. The Reichsbank was specifically obliged to do this.

5th paragraph

The fifth paragraph determined the amendment of the legal text of § 26 and § 35, paragraph 2, cited in the intent, both of which were omitted.

Second article - Deutsche Reichsbahn

1st paragraph

The name of the previously existing Deutsche Reichsbahn-Gesellschaft was changed to Deutsche Reichsbahn (DR). The offices of the RB were thus Reich authorities. The Reich Ministry of Transport (RVM) took over the previously existing headquarters of the DR.

2nd paragraph

The position and duties of the previous General Director were taken over by the Reich Minister of Transport. The positions and tasks of the previous members of the board of directors of the Reichsbahn-Gesellschaft were performed by ministerial directors of the RVM.

3rd paragraph

The DR took over the asset management of the Reichsbahn-Gesellschaft. Furthermore, she administered the realm assets , which belonged to the operating assets of the Reichseisenbahnen and were treated as special assets of the German Reich. The regulations of the Reichsbahngesetz of March 13, 1930 (RGBl. II 1930 p. 369) applied.

4th paragraph

The previous administrative board of the Reichsbahn-Gesellschaft was replaced by the advisory board of the DR . Its task is to advise the Reich Minister of Transport on special and fundamental questions of the DR that are of particular importance. The Reich Minister of Transport assumed the chairmanship of the advisory board. The representatives of the preferred shareholders belonged to the advisory board.

5th paragraph

The officials of the DR were designated as officials of the German Reich. The decree of February 1, 1935 (RGBl. I 1935 p. 74) regulated the responsibilities for the appointment and dismissal of civil servants of the DR. In other matters of the DR, the existing legal regulations and administrative orders of the DR applied for the time being.

Third article

This article stipulated that the law came into force upon proclamation.

Justification of the law in the press

As early as February 13, 1937, the text of the law and the reasons for the law were published in the press. The reasoning was introduced with a quote from Adolf Hitler's speech on January 30, 1937 at the session of the Reichstag:

I announce to you that, in the interests of restoring German equality, I will strip the Deutsche Reichsbahn and Deutsche Reichsbank of their previous character and place them completely under the sovereignty of the government of the Reich.

In this sense, the law was announced in the press as a freedom law . The reference to equal rights referred to the agreements on the regulations on reparations of the German Reich, whereby foreign representatives were active at the Reichsbank. This declaration by Hitler was given as a formally final release from foreign public influence.

The actual content of the regulation, however, meant the repeal of the provisions governing the independence of the bank from the Reich government . This independence of the Reichsbank from the Reich government was determined after the German hyperinflation in the law on the autonomy of the Reichsbank of May 26, 1922 (RGBl. II 1922 p. 135) through the introduction of a directory. With this repeal, which had already been introduced with the Banking Act of October 27, 1933, the Nazi government regained access to the Reichsbank and thus to central bank and monetary policy.

The law repealed certain international tasks and obligations of the President of the Reichsbank and the Reichsbank by deleting the last paragraph in Section 21 of the Banking Act, which was determined in Article 1 (3) of the Act. This also removed the Reichsbank's obligation to work with the Bank for International Settlements . As a result, a voluntary cooperation with the international payment institution should be determined from the obligation.

What was new was the obligation of the Reichsbank to carry out banking business for the general administration of the Reich, which was achieved through an amendment to Section 25 (3).

In general terms, the new legal regulation for the Reichsbahn consisted of shaping the conditions of the Deutsche Reichsbahn in such a way that it seemed best from the point of view of German interests alone . Because of the ownership of all the ordinary shares of the Reichsbahn by the German Reich, the law stipulated that the Deutsche Reichsbahn was transferred to a special fund of the Reich , which was a paraphrase for the fact that the Reichsbahn became state property of the Reich.

With regard to this state appropriation of the Reichsbahn, it was also regulated that the entire Reichseisenbahn assets were included in this special fund. The Reichseisenbahn property was understood to mean the entire real estate of the Reichseisenbahnen, all the accessories, all vehicles and all investments.

The transfer of the Reichsbahn into state ownership was also reflected in the legal definition of its name as the Deutsche Reichsbahn . However, the Reichsbahn had already in 1936 the name change by deleting the annex society brought about. In accordance with the new ownership structure, the administrative council was transformed into an advisory council for the Reich Minister of Transport. Accordingly, the minister also chaired the advisory board.

Accordingly, the position of general director and the main administration of the Reichsbahn were transferred to the tasks of the RVM. The minister thus led the DR. The tasks and positions of the board of directors of the Reichsbahn were also transferred to ministerial officials of the RVM. The position of indirect Reichsbahn officials was also changed to that of direct Reichsbahn officials. Thus, the relevant provisions of the Reichsbahngesetz of August 30, 1924 in Section 20 were adapted to the changed circumstances.

Since this change in the positions of the Reichsbahn officials was very extensive, the statutory regulations and administrative orders of the Deutsche Reichsbahn continued to apply for the time being. However, reference has already been made to an amendment and addition to the German Civil Service Act on July 1, 1937. This notice included the announcement that Section 153 of the Civil Servants Act would no longer apply to the DR .

Individual evidence

  1. ↑ In the legal text, the leader is specified next to the Reich Chancellor, whereby the Führer Adolf Hitler and the Reich Chancellor are one person at the time
  2. http://epoche2.modellbahnfrokler.de/dg/e2d_3102.html Complete in RGBl. 1937, part II, p. 47f
  3. Since the law was promulgated on February 12, 1937, it came into effect on that day
  4. So z. B. in the Reich edition of the Deutsche Allgemeine Zeitung
  5. The newspaper Deutsche Allgemeine Zeitung of February 13, 1937 wrote under the heading Reichsbank und Reichsbahn unreservedly under Reich sovereignty as well as The wording of the Freedom Act
  6. In the amendment to the Banking Act of March 13, 1930 (RGBl. II 1939 p. 355), however, the foreign representatives at the Reichsbank who sat on the General Council of the Reichsbank were replaced by German representatives. see: Rudolf Stucken, Deutsche Geld- und Kreditpolitik 1914 - 1953, Tübingen 1953, p. 62. The note commissioner who came from abroad was also taken over by a German representative through the same legal regulation of March 13, 1930. In this respect, the foreign personal influence at the Reichsbank was eliminated before the National Socialists came to power on January 30, 1933.
  7. In this legal regulation of October 27, 1933 it was stipulated that the Reich President or the Führer and Reich Chancellor appoint the members and the President of the Board of Directors of the Reichsbank. Furthermore, the authorization was granted to remove the President or members of the Board of Directors if there were important reasons. In addition, the General Council of the Reichsbank was dissolved