2 Friday, February 9, 1919 THE DETROIT JEWISH NEWS Purely Commentary Statute of Limitations on Prosecution of Nazis: Tasks Ahead in W. Germany Mixed emotions were evidenced in Ger- many over the televised Holocaust prog- rams. Of the 20,000 telephone calls from viewers, about two-thirds expressed a sense of guilt, the others resented the re- minders of the past. Many in the ranks of the 30 or more percent of the protesting elements who were infuriated by the recollections are said to have been galvanized into the ranks of a growing neo-Nazi movement. As a matter of fa.ct, it is not the mildness of a neo-Nazi sentiment that has bec3rne evident but a more threatening minority whoSe adherents would not hesitate to re- sort to express their admiration for Adolf Hitler. They would be uncontrolled and might resort to violence in treating the chief objects of their hatreds, the Jews. The newest occurrences- in West Ger- many added to the demands now being made upon West Germany that the Statute of Limitations on prosecution of Nazi crim- inals should be extended and that punish- ment of the guilty for the horrors perpet- rated under Hitlerian rule should neither be delayed nor abandoned. Of notable interest is the comment, editorially, in the New York Times, Jan. 28, under the heading "Holocaust in Ger- many," which, commenting on the public reactions to the showing of the Holocaust televised programs, discussed its effect on the extension of the Statute of Limitations. The NYTimes editorial advanced this view: A surprising one-third of West Ger- man television viewers tuned in to "Holocaust," the American television drama depicting Nazi Germany's slaughter of Jews, despite the fact that it was shown only on regional chan- nels. And the response by those who Support Urgent for Movement to Amend West German Statute of Limitations to Assure Punishment for Nazi Criminals and Prevent Spread of Neo-Nazism called the stations after seeing the program was largely favorable. That response may influence the coming debate in the Bundestag on extending beyond this year the deadline for pro- secuting capital offenses commited in World War II. There are encouraging reports from Germany that responsible legislators favor action to extend the Statute of Limitations. The large number of unpunished Nazis, the anticipation in neo-Nazi ranks that adherence to a limitations date by the end of 1979 would grant them new freedoms to pursue their anti-Semitic tactics and the facts that substantiate the claim that much remains to be done to mete out punishments for the Nazi criminals attest to the logic of making an issue of the Sta- tute of Limitations. Research conducted for the American Jewish Committee by David Geller pre- sents revealing facts regarding the un- completed prosecution of the guilty in the Holocaust. The AJCommittee analyses re- veal the following: There is considerable sympathy among West German government and church leaders for an extension of the Statute of Limitations. They feel that Germany can never close the books on the terrible crimes committed during the Nazi period. There is also concern that East European countries may be withholding evidence with the aim of releasing it after the 1979 cut-off date for propaganda purposes. On the other hand, there are those today in Germany who have serious reservations about extending the Sta- tute of Limitations for a variety of reasons including: 1) an unwillingness to change an old German legal tradi- tion; 2) an unwillingness to continue what they feel is self-flagellation im- posed by foreign pressure. The chief spokesman for this point of view is By Philip Slomovitz on Nov. 21, 1978, made a strong appeal Franz-Josef Strauss, a leader of the to the West German government not to ultra-conservative Bavarian Christian permit the Statute of Limitations to Socialist Union, who, in effect, has cal- apply to -Nazi war crimes. A massive led for a general amnesty; 3) the con- -post card campaign bearing the state- viction rate has dropped and will con- ment by Simon Wiesenthal — "Moral tinue to drop drastically because, after obligation has no time limit" — has 35 years, it is extremely difficult to been in effect for several months, prove that a crime was committed coordinated by the Simon Wiesenthal beyond a shadow of a doubt; and 4) Center for Holocaust Studies at wherever some judicial action has Yeshiva University in Los Angeles. The been taken on an individual case, the cards are addressed to West German prosecution of that case will continue Chancellor Helmut Schmidt. in any event after Dec. 31, 1979. At the Survivor groups and virtually present time, there are about 4,700 : other Jewish organizations will be c West Germans awaiting sentencing or rying on a vigorous -and public c under investigation for war crimes. paign urging the West German go Official West German sources have ernment to extend the statute. While released the following statistics for the acknowledging the West German gov- investigation and prosecution of ernment's firm adherence to democra- genocidal crimes in the Federal tic tradition, they assert that to allow — Republic (excluding Allied adjudica- the Statute of Limitations to expire tions) for the period May, 1945, to Jan. would constitute a grave injury to the 1, 1978: memory of thelnillions of victims of the Investigations: 82,667. Nazi terror. They warn that the expira- Trials ending in sentences: 6,425. tion of the statute would have a mor- Presently pending investigations: ally corrosive effect on the youth of the approximately 600. world as well as the youth of Germany. A further analysis indicates that They agree with Chancellor Helmut from 1945 to 1964, 9.9 percent of all al- Schmidt who, in his speech at a Crystal - leged Nati criminals were found guilty. Night ceremony Nov. 9, 1978; asserted From 1965 to 1976, the figure was only that while two-thirds of the present - 1.5 percent. German population were either born after the war or were children during In an effort to resolve the political the war, "Germans have to carry the and legal questions being raised, Her- political inheritance of the guilty and bert Wehner, the leader of the Social draw the consequences; that is our re- Democratic Caucus in the German sponsibility." Parliament, has suggested that the Nazi-hunting has not ended and there basic German law be chAnged to are many yet to be brought to justice. Even abolish the statute of limitations on all those who have been rounded up and are murder. This would make German law awaiting trials could be freed if the Statute consistent with that of the U.S. and of Limitations is not amended. There is a most West European countries. When clear task ahead and the hands of those the Parliament will take up the Statute who strive for a continuation of exposure of of Limitations issue, Wehner's proposi- the tragedies and crimes of the 1930s and tion will be an important element of the 1940s, which continue to echo in our time, - debate. should be upheld and strengthened. In the meantime, the Israeli Knesset Black History Month: Recalling Julius Rosenwald and Ralph Bunche JULIUS ROSENWALD Black History Month is an occasion for observance by all Americans. No one is immune from concern about the most challenging factor in the story of the making of this country and the role of the blacks who were among the builders. They did not benefit from profit, but they registered their a ctivities in sweat and blood. In the new era of Americanism, in the recapitulation of historic events, many names emerge in gold letters on a black background of trials and tribulations. - Not to be forgotten are such eminentpersonalities like the late Julius Rosenwald, who was among the first, if not the first, to encourage equality for the oppressed, the establishment of schools and social agencies to elevate the standards of the less favored in society. - The _Rosenwald chapter in civil rights movements is a story of pioneering in the true American spirit and inerasable from the record of the battle for just rights for an oppressed minority. There is another name to be remembered and to be given special attention during Black History Month. It is that of the late Dr. Ralph J. Bunche, who masterminded the first agreement between Jews and Arabs in 1949 that terminated the Israel-Egyptian conflict. Dr. Bunche was the brilliant arbitrator, the skillful negotiator who succeeded in getting Jews and Egyptians together in an agreement to end the first of the tragic wars between Jews and Arabs. He was a firm negotiator. He insisted that there was no linkage, that first Israel and Egypt must come to an agreement and then each of the other Arab states who were waging war against Israel could individually discuss terms for a cease fire. American Jewry has a notable share in removing the obstacles to the road for decency for black Americans and they are invited to be equally effective in assuring peace for embattled Israel. Dr: Bunche was among their chief spokesmen for a just solution to the Middle East crisis, nearly three decades ago. Black-Jewish friendship dates back to Civil War days. May the ties remain unbreakable as a demonstration of humanism. RALPH BUNCHE The People's Lawyer — Louis Brandeis Record of Nation's First Public Interest Attorney on Microfilm., WALTHAM, Mass. — insurance industry and in- Brandeis University has vented savings bank life in- published the major docu- surance as an alternative, ments of Louis D. Brandeis' exposed inefficiency and 38 years as a public interest price-gouging by the rail- lawyer. - roads and fought Brandeis, who made an monopolies and govern- early and apparently easy ment corruption. fortune in the post-Civil But his fame as "the War era, later abandoned people's attorney" for 38 that world to invent the role years has since been ec- of the public interest lipsed by his fame as an lawyer. Associate Justice of the Working without pay, United States Supreme without an organization Court from 1916 to 1939. The record of those 38, and sometimes without a client, he defended years had been unpub- wage and lished, unlike the records of minimum maximum hour laws across his private life, his role as the country, attacked the an ardent Zionist and his life on the Supreme Court. "He is the model for so much of what has happened to lawyers in the last 15 years — he had to be, be- cause there have been no . others before him or since," explained William M. Goldsmith, a professor of history at Brandeis Univer- sity. The university undertook the project in part to rein- force the reputation of its namesake and in part to in- ject some of Brandeis' idealism, into law school teaching, according to Dr. Abram L. Sachar, the uni- Brandeis' could . be a major source of influence to this generation by showing them that it can be done," explained Dr. Sachar, who along with Dr. Goldsmith helped compile the 5,000 pages that document those years of public advocacy. LOUIS BRANDEIS versity's chancellor. "To rediscover a life as meaningful and useful as The effort to preserve the memory of that career was conceived 23 years ago by Dr. Sachar and Felix Frankfurter, the Supreme Court Justice who was once Justice Brandeis' • close associate. "By the time we finished talking about it, we had it up- to 12 volumes with the commentary and all,'! Dr. Sachar explained. "But no publisher was interested in it without a subsidy, and we didn't have the money. SO I let it ride, year after year, much to my dismay." The university decided to forego the commentary, abandon tradition and pub- lish not printed books but the raw documents on mic- rofilm. Dr. Sachar said, "this way, the material can get in the hands of the– scholars and into the law schools."