Counted and controlled | JULY 18
On July 18, the commissioner of Dillkreis county in Hessen instructed the mayors of the cities Herborn, Dillenburg, and Haigern as well as police officials of the county to conduct a statistical survey of the Jewish population in their communities every three months. An official of the city of Herborn received the memorandum ordering the count and made notes showing that 51 Jews lived in the city on June 30, 1938. Three Jews had left their homes in the prior quarter. These local censuses of the Jewish population complemented other surveys that tracked the movement of Jews on a national level. To monitor and control the Jews in the country, the National Socialists used a variety of administrative tools, such requiring Jews to declare their financial assets, carry identification papers at all times, or change their names.
Double jeopardy | JULY 17
As a deaf-mute Jew, Ursula Meseritz was doubly inferior in the eyes of the Nazis. Since July 14, 1933, the Law for the Prevention of Genetically Diseased Offspring had been in effect, which legalized the forced sterilization of the deaf, the blind, the cognitively disabled, epileptics, and others. Ursula had attended the only Jewish institution for the deaf-mute in Germany, the “Israelitische Taubstummenanstalt” in Berlin Weißensee. Under the Nazi regime, the use of sign language was forbidden in public schools, and in 1936, Jewish students were excluded from institutions catering to the needs of the deaf-mute. According to a “Questionnaire for Emigrants,” which she had submitted in April 1938, Ursula had been trained as a lab worker for clinical diagnostics and was hoping to work in this field in the United States. The captions on these photographs (dated July 17, 1938) show that in spite of the difficult times, the 19-year-old had not lost her sense of humor. They appear to show Ursula and her sister with their parents celebrating one last time before Ursula departed for the US.
An inappropriate insinuation | JULY 16
In May 1938, Betty Blum had contacted her nephew Stanley Frankfurt in New York. Her son Bruno had lost his position in Vienna, and it was unlikely that he would find other employment. She did not elaborate on the situation of Austria’s Jews in general since the country’s annexation by Nazi Germany but wondered whether Stanley could do something for Bruno. When Bruno received Stanley’s July 16 letter, he must have been both relieved and taken aback. While assuring him that he had been active on his behalf doing the paperwork necessary to prepare for his immigration to the US, his cousin in New York also saw fit to point out to him that if his intention was coming to America for the purpose of “living a life of ease,” he was on the wrong track. Was Stanley really so uninformed about the plight of Austrian Jewry under the new authorities? It can be assumed that his sincere efforts on his Austrian cousin’s behalf made up for the bafflement that must have been caused by his inappropriate insinuation.
Something to brighten your Sabbath | JULY 15
After the prohibition of Jewish settlement in Chemnitz in the Middle Ages, it was not until the late 1860s that Jews could legally settle in the Saxonian city. By the end of the 19th century, the community had grown so large that its synagogue on Neugasse 3 no longer sufficed, and in 1899, Rabbi Dr. Mühlfelder festively inaugurated a new building at Stephansplatz. A number of smaller prayer rooms accommodated the religious needs of the Eastern European Jews who had been coming to the city since the beginning of World War I and over time began to constitute more than half of the city’s Jewish population. On a Friday in what must have been the congregation’s most difficult year to date, a woman named Gerda gave this photograph of the Synagogue to the congregation’s Rabbi, Dr. Hugo Fuchs, with a note expressing her hope that it might brighten his Sabbath.
Evicted from Red Vienna | JULY 14
For a dyed-in-the-wool social democrat like the journalist, translator and writer Maurus (Moritz) Mezei, the changes that quickly took hold in Austria after the country’s unimpeded annexation by Nazi Germany must have been doubly troubling. During the period known as “Red Vienna,” the first-ever period of democratic rule in the city from 1918 to 1934, the Mezei family had moved to the “Karl-Marx-Hof,” a public housing project. Starting in 1938, “non-Aryan” families, including the Mezeis, were threatened with expulsion from the compound. Tenant protections initially remained in place for Jews, but they no longer applied to public housing. On June 10, Mezei had applied for immigration to Switzerland, but the reply, written on July 14, was negative. Only if he was to procure an immigration visa from a country overseas would Swiss immigration authorities reconsider his case and possibly grant temporary asylum.
No mountain high enough | JULY 13
Käthe Hoerlin and Regina Ullmann had at least three things in common: both had Jewish ancestors, both converted to Catholicism, and both had the trajectories of their lives impacted by the Nazi regime. Regina Ullmann, a poetess and writer, was expelled from the Association for the Protection of the Rights of German Authors (Schutzverband Deutscher Schriftsteller) and left Germany to return to her native St. Gallen, Switzerland. Käthe Hoerlin’s first husband, the music critic Willi Schmid, was executed by the regime in 1934 in a case of mistaken identity. Days after this tragedy, Käthe, who was the secretary of the ill-fated Nanga Parbat expedition, got news that nine of its participants had died trying to climb the famed Himalayan peak. In 1938, thanks to the help of a Nazi official who had assisted her with her compensation claims after Schmid’s death, she got permission to get married to the non-Jewish alpinist and physicist Hermann Hoerlin (marriages between “half-Jews,” as she was classified, and “persons of German blood” required special permits which were rarely given). Hoerlin was highly critical of the regime’s interference in scientific research. This letter, which exudes sincere empathy and interest in her friend’s well-being in her new surroundings as well as groundedness in her Catholic identity, was written by Regina Ullmann just after the Hoerlins had emigrated to the United States.
Namesakes | JULY 12
When 28-year-old Kurt Kleinmann of Vienna wrote to the Kleinmans in America, he could not have hoped for a kinder, more exuberant response than what he received from 25-year-old Helen. After finding the address of a Kleinman family in the US, Kurt had asked the total strangers in a letter dated May 25 to help him leave Austria by providing him with an affidavit. He had finished law school in Vienna and was now running his father’s wine business. Helen readily adopts the theory that the Kleinmanns and the Kleinmans might actually be related to one another, promising her “cousin” to procure an affidavit for him within the week. Affably and vivaciously, she assures him that the Kleinmans will correspond with him to make the time until departure feel shorter.
Papers in order | JULY 10
Jews wishing to escape the chicanery and physical danger under the Nazis by emigrating had to procure a large number of documents to satisfy both the Nazi authorities and the authorities in the country of destination. In order to obtain permission to leave Germany, applicants had to prove that they did not owe any tax money to the Reich. In addition to the taxes levied on all citizens, prospective emigrants had to pay the co-called “Reich Flight Tax.” Originally introduced during the Great Depression of the late 1920s and early 1930s, the original purpose of the tax was to prevent capital flight from further depleting the national coffers. Under the Nazis, its main purpose was to harass and expropriate Jews. The tax authorities under the Nazi regime certainly did a thorough job. When the Weichert family of Vienna, consisting of the lawyer Joachim Weichert, his wife Käthe, and the couple’s two children, Hans and Lilian, prepared to leave, a tax clearance certificate was issued even to the ten-year-old son. The document was valid for one month. Having all required documents ready and still valid by the time their quota number came up was an additional challenge faced by those wishing to emigrate.
It will get easier | JULY 9
Mrs. Pollak in Teplitz (Teplice), Czechoslovakia, was vacillating between relief that her daughter was safely out-of-reach from the Nazis reach and worry about 17-year-old Marianne’s physical and emotional wellbeing. After changing her initial plans to go to Palestine on Youth Aliyah, the young girl was now in England all by herself. The annexation of Austria by Nazi Germany had heightened fears of a similar fate in Czechoslovakia. Refugees were kept out of the country, and local Jews had double the reason to worry – both as Czechs, and as Jews. With news from Vienna and Palestine bleak and Czechoslovakia’s future uncertain, Mrs Pollak made a loving effort to reassure Marianne that things would get easier for her in the new country over time.
Staff exodus | JULY 8
The Zionist Federation of Germany was in a tricky position. While it supported the emigration of Jews from Nazi Germany, it struggled with the consequences of constantly losing capable staff members, especially on the leadership level. Nevertheless, Benno Cohn, member of the Federation’s executive board, generously supported yet another departing colleague with a deeply appreciative letter of recommendation. Rudolf Friedmann had been associated with the Zionist Central Office since 1933 in various capacities, serving it with the utmost diligence and dedication. Cohn praises his organizational abilities and ideas and warmly recommends Friedmann to any Zionist or other Jewish organization.
Dr. Singer’s Suitcase | JULY 6
Lilly Popper (later Lilian Singer) was born in 1898 into a German-speaking family in Brünn (Brno). After graduation from the Gymnasium (high school), she began medical school in Vienna, later transferring to Berlin. There, in 1923, she got her driver’s license, which was just beginning to become socially acceptable for women. After a longer interruption, during which she worked for her father’s business and for a company in Amsterdam, she went back to school and in 1933 graduated from the Friedrich Wilhelm University in Berlin, which had been accepting women as guest auditors since 1892 (and as full-time students since 1908), an opportunity initially seized by a disproportionately large number of Jewish women. With the “Law against the Overcrowding of German Universities” of April 1933, the Nazis limited the access of both Jews and women to higher education, but these regulations did not apply to foreigners. After graduation, Lilian returned to Czechoslovakia. In 1938, she was a resident in surgery at a teaching hospital in Prague. The suitcase shown in the photograph accompanied her on her many journeys.
Jewish emigration | JULY 5
The “Aid Society of German Jews,” founded in Berlin in 1901, mainly supported Jewish immigrants to Germany. After the Nazis came into power, the association, now forced to call itself “Aid Society of Jews in Germany,” helped to facilitate Jewish emigration from Germany. In this context, it offered help with questions concerning government agencies, passport issues, or vocational retraining and also granted financial support. An important organ for its work was the periodical Jüdische Auswanderung (“Jewish Emigration”), which informed its readers about general living and work conditions but also about specific questions regarding Jewish culture in various countries. In the July 1938 issue, the US, Cuba, and the Philippines were introduced.
“100% recreation” | JULY 4
In the 1920s, the Catskill Mountains began to develop into a resort area that enjoyed great popularity with Jewish immigrants often unwelcome in non-Jewish hotels. Therefore, by the 1930s, “Borscht Belt” began to catch on as a moniker for the region. After humble beginnings, with Eastern European Jewish farmers in the area renting out rooms to city dwellers in need of peace and quiet, over time, boarding houses turned into small hotels and some of the small hotels into big hotels. While Jews of Eastern European extraction constituted the majority of hosts and vacationers, the political events of the 1930s led to an increase in the number of German-speaking Jews wishing to trade the hustle and bustle of the city for the relaxed atmosphere of the Catskills. In the July issue of the Aufbau, the Park Plaza Hotel in Fleischmanns, New York (named after Ch.L. Fleischmann, a Hungarian Jew who in the 19th century invented America’s first commercially produced yeast) offered Independence Day weekend vacations with four meals a day and a special 4th of July dinner. It can be assumed that the prospect of celebrating their new country among fellow European Jews in an establishment “widely acknowledged for exquisite, copious American, Hungarian, and Viennese cuisine” was attractive to the grateful newcomers.
No keeping up | JULY 3
This letter from a father to his children is dominated almost entirely by concerns about transferring people and goods out of Germany. According to the writer, regulations were changing so rapidly that it was hard to keep track. Lately it had been decreed that both for articles to be shipped and for personal baggage, itemized lists had to be submitted which were subject to authorization. This could be rather time-consuming. The writer of the letter points out that the speed with which answers are given is not keeping up with the speed of the changes necessitating inquiries.
Impeccable references | JULY 2
The German lawyer Paul Schrag was employed at the Institut d’Economie Européenne in Brussels. He was planning to embark on the journey to the United States from Le Havre on July 15 with his Jewish wife, Suzanne, and their infant child. In his letter of July 2 to Prof. Max Gutzwiller in Fribourg, Switzerland, Schrag asks for a letter of reference for use in the United States. Gutzwiller, a fierce critic of the Nazis and also married to a Jewish woman, had left his chair for German Private Law and Roman Law at the University of Heidelberg in 1936. Schrag obviously enjoyed the esteem of his employers. The management of the institute had agreed to reserve the position of director general for him until the end of the year and even entrusted him with a “research mission” in order to enable him to look into his professional prospects in America without major pressure.
Radio, gramophone, newspapers, novels | JULY 1
In his article “Ten Commandments for Assiduous Language Learners,” published in the July issue of the Aufbau, Dr. Eugene I. Stern recommends making use of the entire arsenal available to the modern student of American English: radio, gramophone, newspapers, and novels. The meticulousness with which he describes what he considers the most promising methodology for language acquisition meets every stereotype associated with German Jews. Dr. Stern does not promise any shortcuts, and his assessment of the language learner’s prospects is not the most optimistic. He opens by declaring mastery of a foreign language to be an unattainable goal. Nevertheless, younger German-Jewish immigrants in America tended to acquire proficiency in English within a few years, while their counterparts in pre-state Palestine were notoriously slow and reluctant to pick up Hebrew. German Jews in America were assisted in their endeavors by various institutions, such as the National Refugee Service, the Adult Education Council, the YMCA, the YWCA, which offered free English classes to the newcomers.
A 5th birthday | JUNE 30
Wilhelm Hesse was a loving and profoundly involved father. Since the births of his daughters, Helen (1933) and Eva (1936), he had meticulously documented the girls’ development in diaries which he kept for them. In addition to little texts and poems he composed, he included numerous photographs as well as material referring to Jewish holidays. Occasionally, the frequently humorous, sometimes even childlike tone is interrupted by material documenting the political situation, such as a call by Rabbi Leo Baeck for Jewish unity and solidarity in the name of the Reich Representation of German Jews. But Helen and her sister Eva were lucky enough to be too young to grasp what was looming around them. June 30 was Helen’s 5th birthday.
A professional farewell letter | JUNE 28
The observance of Shabbat, holidays, and kashrut was so deeply ingrained in the life of the Lamm family in Munich that even the Catholic cook, Babett, saw to it that the traditional customs were adhered to. While traditional in their understanding of Judaism, the Lamms were open to worldly matters. After high school, Hans briefly studied law, but, understanding that in the new political climate, there was no way a Jew could advance in the field, he embarked on a career in journalism instead. The career paths of Jewish jounalists at the time were also stymied by the fact that non-Jewish papers would not hire them and Jewish ones were forced to close down one by one. In 1937, Lamm relocated to Berlin, where he studied with Leo Baeck and Ismar Elbogen at the Lehranstalt für die Wissenschaft des Judentums, in order to deepen his understanding of Judaism. Deeply rooted in German culture as he was, it was difficult for him to decide to emigrate. Yet eventually, his older brother convinced him that there was no future for Jews in Germany. In this letter, the 25 year-old Lamm cordially and politely, yet without palpable emotion, bids farewell to the editors of the Jewish monthly, Der Morgen, a high-level publication to which he had been contributing, expressing his gratitude for their support.
Deportation within 24 hours | JUNE 27
While antisemitism was by no means a new phenomenon in Yugoslavia—as a matter of fact, especially since World War I, the entire political spectrum found reasons to attack Jews—under the impact of events in Germany, the situation deteriorated in the 1930s. Fritz Schwed from Nuremberg was under no illusions regarding his and his family’s temporary refuge. In this lengthy letter to his old friend from Nuremberg days, Fritz Dittmann, who had fled to New York, Schwed describes the dismal situation of emigrants in Yugoslavia, who are routinely expelled with just 24 hours’ notice. Even older people who have resided in the country for decades are not exempt from this cruel policy. Emigrants are forbidden to work, and when they are caught flouting the prohibition, they have to be prepared for immediate expulsion. Concluding that “There no longer is room for German Jews in Yugoslavia, and it seems to me, nowhere else in Europe, either,” Schwed explores possibilities to immigrate to Australia or South America.
Shattered existence | JUNE 26
The first major rupture in artist Gustav Wolf’s biography had occurred during World War I. He had volunteered for frontline duty and was badly injured. His brother Willy was killed in combat. The works in which he processed his wartime experiences leave no doubt about his feelings. Instead of glorifying war, he shows its horrors. His confrontation with antisemitism during and after the war led him to an increased awareness of his own Jewishness. In 1920 he accepted a professorship at the Baden Art School in Karlsruhe, trying to realize his ideal of an equitable partnership between teacher and student. After a year, he quit this “dead activity,” referring to the school as “an academy of schemers.” In 1929, he designed the set for Fritz Lang’s silent film “Woman in the Moon,” an early science-fiction movie. Upon the Nazi rise to power in 1933, he canceled his memberships with all the artists’ associations to which he had belonged. In his letter to the Baden Secession, he explained his decision with the following words: “I must first get my bearings again. The foundations of my existence have been called into question and shaken.” After extended stays in Switzerland, Italy and Greece, he returned to Germany in 1937. In February 1938, he boarded a ship to New York. June 26, 1938 was his 49th birthday.
Liver dumplings, Christmas stollen, matzo balls | JUNE 25
In Anni Buff’s personal recipe book, dated June 25, 1938, traditional Bavarian dishes, like liver dumplings, Christmas stollen, and cottage cheese doughnuts, certainly outweighed traditional Jewish ones, such as matzo balls. The Jewish community in her native Krumbach was well integrated. Since its peak in the early 19th century, when it constituted about 46% of the population, its ranks had declined considerably, and by 1933, only 1,5% of Krumbachers were Jewish. In spite of this negligible presence of Jews, National Socialism with its rabidly antisemitic message took hold fast, and even before it became national policy, Jews in the little town were harassed by SA men. By 1938, the abuse had become so unbearable that Anni’s father Julius, who dealt in upholstery material, began to explore possibilities to find a new home on safer shores, such as the US, the Dominican Republic, or Shanghai. Not even the fact that he had lost a brother in WWI and had himself served in the 16. Bavarian Reserve Infantry Regiment—along with a young Austrian named Adolf Hitler—did anything to improve his standing with Nazi authorities.
Skills training for Palestine | JUNE 24
When the Halutz (Pioneer) Movement first began to establish itself in Germany in the 1920s, it had a hard time gaining traction among the country’s mostly assimilated Jews, who saw themselves as “German citizens of Jewish faith.” The Movement, which aimed to prepare young Jews for life in Palestine by teaching the Hebrew language as well as agricultural and artisanal skills, got its first boost during the Great Depression (from 1929), which made emigration more attractive as an opportunity for economic improvement. But even more significant growth took place after the Nazis’ rise to power: so-called “Hachscharot” sprung up all over Germany, instilling young Jews with a meaningful Jewish identity and imparting valuable skills. The photo presented here shows graduates of the Jewish Professional School for Seamstresses on Heimhuderstraße.
Interview at the US-Consulate | JUNE 23
After his first official attempt to immigrate had failed under adventurous circumstances, 20 year-old Heinz Ries of Berlin made another effort to get permission to live in the US permanently and legally. For months, he had struggled in the shadows as an undocumented immigrant in New York. After obtaining an affidavit of support, Ries traveled to Havana and visited the US consulate there on June 23, 1938. Finally, he was admitted legal entry into the United States. After the war he returned to Germany for some time, first in the employment of the Allies, then as a photo journalist for the New York Times. The photographs of the Berlin Blockade and the Airlift, taken during these years, made him world-famous under the name Henry Ries.
Billy Wilder | JUNE 22
Samuel (later “Billy”) Wilder had a mind of his own: born in 1906 into an Austrian-Jewish family in the Galician town of Sucha Beskidzka, then part of the Austro-Hungarian Empire, he was expected to join his father’s business, which consisted mainly of a chain of railroad restaurants. But after the Realgymnasium and a brief stint at law school in Vienna (he dropped out after three months), he decided to follow his true leanings. At the paper Die Stunde, a tabloid of questionable repute, he got his first shot at practicing his writing skills. In 1926, an opportunity arose for him to move to Berlin, where he freelanced for various tabloids and took up screenwriting. After the Nazis’ ascent to power, Wilder first moved to Paris and was given the opportunity to direct his first movie, Mauvaise graine. In 1934 he entered the US on a visitors visa. From 1936, he was under contract at Paramount Pictures. June 22, 1938 was his 32nd birthday – the sixth he celebrated in exile.
A weekly lifeline | JUNE 21
As the influx of refugees from Nazi Germany intensified, what had begun in 1934 as the anniversary brochure of the German Jewish Club in New York quickly turned into a professional publication and a lifeline for the uprooted. With its offer of a wide range of cultural and athletic activities, the monthly was an emotional anchor for the newcomers, but it also offered practical help getting settled in the new country. This issue of the Aufbau from June 1938 features a large number of rental ads, mostly for fully furnished rooms, often in the Washington Heights neighborhood of Northern Manhattan, thereby giving some extra income to the owners or main tenants while providing affordable housing to refugees who usually arrived with very little money and property.
The crowd looked on quietly | JUNE 20
Section 17 of the Third Supplementary Decree on the Reich Citizenship law (Reichsbürgergesetz), issued on June 14, called for marking Jewish businesses at a date yet to be determined. The Nazis lost no time. According to this article by the Jewish Telegraphic Agency, days later, the word “Jew” and Nazi slogans were smeared on Jewish shop windows throughout Berlin in an organized fashion, with the same red, hard-to-remove oil paint used everywhere. There could be no doubt that the action was carried out with blessings from above. While no opposition from the non-Jewish population is recorded, the correspondent does point out that unlike in Vienna and in less affluent parts of Berlin, the crowd on Kurfürstendamm looked on quietly, without major enthusiasm. Tension among Jews was intensified by reports of plans to build labor camps where Jews apprehended in recent raids were to be put to work.
A letter from Shanghai | JUNE 19
At a time when more and more German Jews became anxious to leave the country, this letter from a German-Jewish emigrant in Shanghai, addressed to the “gentlemen of the Hilfsverein [Aid Society of Jews in Germany]” and published in the “Jüdisches Gemeindeblatt für Berlin,” must have infused prospective emigrants with new hope: the writer exuberantly thanks the Hilfsverein for counseling him and gushes over the multitude of professional options available to immigrants at his new location, “provided, of course, that you have a skill and are able to work intensely.” According to him, musicians, physicians, and merchants are greatly in demand, and the situation is especially promising for secretaries and shorthand typists – on condition that they have perfect command of the English language, which could by no means be taken for granted among German Jews. The newcomers were not the only Jews in the country; a Sephardic community had been present in Shanghai since the middle of the 19th century, and settlement by Ashkenazi Jews had begun in the early 20th century and intensified in the wake of the Russian Revolution.
Fear of free thinkers | JUNE 17
On June 17, the Jewish Telegraphic Agency reports that in the last four days, the Nazi authorities have re-intensified their raids on cafés in Berlin and elsewhere in the country, which between June 13 and 17 have led to the arrests of 2,000 Jews. During the Weimar Republic, there had been a thriving Kaffeehauskultur—artists and intellectuals practically saw certain cafes as their homes, where they would spend half of their days and nights discussing art, literature, and politics. Under the Nazis, this phenomenon quickly disappeared; they suspected subversive activities among these free thinkers. The public sphere was infested with informers. By the time of the Juni-Aktion, in the context of which these raids were carried out, the original clientele had largely disappeared. Ostensibly, the raids were targeting “anti-social elements.” In fact, however, they constituted the first mass-arrest of Jews. The Minister of Propaganda, Joseph Gobbels, had summarized the intention with the pithy words: “Our password is chicanery, not the law.”
Clutching at straws | JUNE 16
Erika Langstein was a young English teacher living in Vienna. In June 1938, having experienced the persecution of Jews in the Austrian capital for several months already, Erika sent a letter to Donald Biever, an American citizen, imploring him to help her and her Jewish father flee Austria by issuing an affidavit for them. Nothing would be unusual about this, except for the fact that the young woman had met Biever just once, briefly, on a train ride a year earlier, and had not communicated with him since. Despite the tenuous nature of their relationship, Erika describes to Biever the hopeless of the situation in Vienna. She also attaches a photo, in case Biever does not remember their encounter.
Case by case | JUNE 15
Under the impact of the Nazi rise to power and increasing antisemitism in Europe, the great Yiddish writer and cultural activist Melekh Ravitch had had the foresight to raise the funds for a trip from his native Poland to Australia as soon as 1933 in order to scout the inhospitable Kimberley region as a possible place for Jewish settlement. His optimistic conclusion was that the challenges of the Outback could be tackled with “mer vaser, veyniker bir”—“more water, less beer.” By 1938, the territorialist Frayland Lige also began to look into the possibility. As per the Jewish Telegraphic Agency’s report on June 15, the government was willing to consider individual cases of Jews wishing to immigrate but was not willing to support Jewish mass settlement in the country.
Marked | JUNE 14
Despite the patriotism often espoused by German Jews and their manifold contributions to society, the Reichsbürgergesetz (“Reich Citizen Law”) of 1935 officially assigned an inferior status to Jews, declaring them to be mere “nationals” and further segregating them from the rest of the population. Over time, supplementary decrees were issued that provided the exact Nazi definition of what made a person a Jew and forced Jewish public servants into retirement. On June 14, 1938, the third such supplementary decree stipulated that Jewish-owned businesses were to be marked as such.