Exhibit No. 37, I beg your pardon.
THE PRESIDENT: I'd like to inquire whether that statement will satisfy Dr. Haensel on the point he raised.
DR. HAENSEL: Yes.
THE PRESIDENT: For the benefit of defense counsel, we wish to state that we will disregard that unless it's properly connected with defendant Joel.
MR. LA FOLLETTE: If Your Honor please, I would now like to read Document NG-059 on Page 74 which will become Exhibit No. 38. Page 74 of the English Document Book. It's entitled: "Subject: Judicial Reform." Do you have it? "21 September 1942". which is stamped on the original document. "F. Q. 19 September 1942. Subject: Judicial Reform."
1) Remark:
On 18 September 1942 following an invitation by the Reichsfuehrer SS, Dr. THIERACK, Reich Minister of Justice, and Dr. ROTHENBERGER, State Secretary met at the Reichsfuehrer's field command post. They had a discussion, lasting 5½ hours, with the Reichsfuehrer, in which also participated on the side of the Reichsfuehrer SS-Gruppenfuehrer STRECKENBACH (Security Police) and SS-Obersturmbannfuehrer BENDER (SS-Judge with the Reichsfuehrer-SS and Chief of the German Police). The results of the discussion, about which State Secretary Dr. ROTHENBERGER expressed greatest satisfaction, are to be summarized in minutes.
2) obediently submitted to the Reich Minister.
3) for the files.
MR. LA FOLLETTE: I have to ask the Tribunal's indulgence for a minute; I had a document fall out. I now offer in evidence Plaintiff's Exhibit No. 38, which is Document No. 059.
THE PRESIDENT: It will be received in evidence.
MR. LA FOLLETTE: The Prosecution will next offer Exhibit No. 39, when submitted, which is Document No. 654-PS, found on page 75 of Document Book I-B. I would like to say to the Tribunal that I will want to read a substantial part of this document; I think I can finish within fifteen minutes. I shall not road the words on the margin, but the Tribunal will note that there are marginal notes which are also found in the original exhibit.
Discussion with Reich Führer of SS Himmler on 18.9.42 in his Field Headquarters in the presence of State Secretary Dr. Rothenberger, SS Gruppenfuehrer Streckenbach and SS Obersturmbannfuehrer Bender.
1. Correction (2 illegible pencilled words) by special treatment at the hands of the police in cases where judicial sentences are not severe enough. On the suggestion of Reichsleiter Bormann, the following agreement was reached between the Reich Fuehrer of SS and myself:
(a) In principle the Guehrer's time is no longer to be burdened with these matters.
(b) The Reich Minister for Justice will decide whether and when special treatment at the hands of the police is to applied.
(c) The Reich Fuehrer of SS will send the reports, which he sent hitherto to Reichsleiter Bormann, to the Reich Minister for Justice.
(d) If the views of the Reich Fuehrer of SS and those of the Reich Minister for Justice agree, the final decision on the case will rest with them.
(e) If their views are not in agreement, the opinion of Reichsleiter Bormann will be brought to bear on the case, and he will possibly inform the Fuehrer.
(f) In cases where the Fuehrer's decision on a mild sentence is sought through other channels (such as by a letter from a Gauleiter)Reichsleiter Bormann will forward the report to the Reich Minister for Justice. The case will then be decided as already described by the Reich Fuehrer of SS and the Reich Minister for Justice.
2. The delivery of anti-social elements from the execution of their sentence to the Reich Fuehrer of SS to be worked to death. Persons under protective arrest, Jews, Gypsies, Russians and Ukrainians. Poles with more than 3year sentences, Czechs and Germans with more than 8-year sentences, according to the decision of the Reich Minister for Justice. First of all the worst anti-social elements among these just mentioned are to be handed over. I shall inform the Fuehrer of this through Reichsleiter Bormann.
3. Administration of justice by the people. This to be carried out step by step as soon as possible, first of all in the villages and the small towns of up to about 20,000 inhabitants. It is difficult to carry it out in large towns. I shall rouse the Party particularly to cooperate in this scheme by an article in the Hoheitsträger (NSDAP publication). It is evident that jurisdiction may not lie in the hands of the Party.
4. Orders regarding the police and justice are, in future, to be tempered, for example, not prosecuting unmarried mothers if they attempt to procure abortion.
5. The Reich Fuehrer of SS is agreed that the cancellation of sentence, even for members of the police, will rest, as in Article 8 of the law relating to the cancellation of sentence, with the Reich Minister for Justice.
6. The Reich Fuehrer of SS has given full consent to the ruling I have planned on the corporal punishment ordered by the Fuehrer.
7. I shall refer to the Common Law relating to Aliens and will give notification of the claims of Justice, e.g. in the identification of young people as anti-social elements and their arrest. Also, it seems to me that the actual circumstances which serve to stamp a person as anti-social are not laid down in the law with sufficient clarity. The Reich Fuehrer of the SS is waiting for our opinion, and until then will not carry out the test of the law.
8. The Reich Fuehrer of SS has agreed to a clause for the Juvenile Court Law, whereby the are of discretion can be reduced to 12 years.
I now skip down to Paragraph 14, at the bottom of page 76 of the English translation; Paragraph 14:
"It is agreed that, in consideration of the intended aims of the Government for clearing up of the Eastern problems, in future Jews, Poles, Gypsies, Russians and Ukrainians, are no longer to be judged by the ordinary courts, so far as punishable offenses are concerned, but are to be dealt with by the Reich Fuehrer of SS. This does not apply to civil lawsuits, nor to Poles whose names are announced or entered in the German Racial Lists. Signed Th."
DR. WANDSCHNEIDER (Attorney for defendant CURT ROTHENBERGER):
May it please the Tribunal, as regards the probative value at a later time for this document, may I submit formal reasons before this document is accepted as evidence. May I point to the fact and ask the Prosecution whether it is correct that Figure 14 of this file note which the Prosecutor read just now, whether evidently it wasn't entered subsequently on a different typewriter, other than the typewriter used for the rest of the document. Secondly, the heading of this file note covers a discussion of the Reich Minister of Justice Dr. Thierack, with Reichsfuehrer SS Himmler, merely in the presence of Under-Secretary Dr. Rothenberger, etc. I should like to point out that in the index pertaining to this document it is stated that this involves a discussion between SS officials, or officers, and merely Dy. Rothenberger, which, however, is something entirely different than is revealed by the heading of the original document.
With these two reservations, I ask to accept the document as evidence.
MR. LA FOLLETTE: May it please Your Honors, I think counsel has adequately reserved his objections to this document, which may be considered later as affecting its authenticity. I may observe that I find that as to No. 14 it is certainly lighter in its inscription; whether that means that it was put in later or whether it means that another ribbon was used, whether it was the same machine or another machine in the same office, I can't tell; but I believe that goes to its eventual probative value, although I am of the opinion -- we will argue that when the proper time comes -- that as much can be said for its being authentic as can be said against it.
However, that is a matter which we will take up later.
I now offer into evidence Prosecution's Exhibit No. 39, which is Document No. 654-PS, found at page 75 of the English Document Book I-B, subject to the objections -
THE PRESIDENT: Subject to the objections and reservations of defense counsel, it will be received with the understanding that further evidence may be offered by defense counsel on the point he raises at the proper time.
I suggest to the Prosecution that it is now 1230 and time to have our noon recess; therefore, the Tribunal will be in recess until 1:30.
(A recess was taken until 1330 hours)
THE MARSHAL: The Tribunal is again in session.
BY MR. LA FOLLETTE:
As Prosecution's Exhibit No. 40, we will offer NG 673, on page 64, Book 1-B:
"The Reich Minister of Justice in Charge of Affiars.
"Berlin W 8, 16 June 1942, Wilhelmstr. 65, Phonenumber L 11 00 33, Long Distance 11 65 16.
"To the General Public Prosecutors:
"In connection with my invitation of 15 June 1942 to the conference of the General Public Prosecutors on 30 June and 1 July I should like to inform you of the following subjects, which I intend to put to discussion:
"1) The personnel question of Prosecuting Authorities and its solution; 2) breaking up of war-marriages; 3) legal treatment of testimonials on political conduct; 4) survey of the most significant decisions of the Reich Supreme Court, since the outbreak of war, regarding legal policy; 5) various questions on the criminal law for Poles and its application; 6) the present state of further simplifying measures (Simplification Decree); 7) the sentencing of plunderers after air-raids; 8) experiences of Public Prosecutors in parallel application of the Criminal Penal Code and police regulations; 9) illicit slaughtering under special consideration of the extent and degree of penalty standardization of penalties and the combating of attempts to disguise illicit slaughtering as legal slaughtering; 10) various reports from the field of the administration of criminal law; 11) exemption from war service for indispensable prison officials; 12) the food and supply position of prisons; 13) means for the mobilization for war production of every available prisoner; 14) various reports referring to the execution of sentences; 15) observation and experiences on directives for the administration of criminal law.
"I should be grateful for early information on additional points from General Prosecutors, the discussion of which appears desirable at the planned conference and for prompt submission of wishes for separate discussions in connection with the conference.
"(signature) Schlegelberger."
I shall turn to page 66 of the English translations and read before the insert -- I mean just below the insert notation, page 4 of the original:
"Minutes of the conference of the Chief Public Prosecutors for the district of the Appellate Court, Cologne on 8 July 1942."
I shall now read on page 67 of the English translation which follows shortly after the insert, page 5 of the original, continued, and under the heading:
"2) Observation and experience with directives for the administration of criminal law.
"The policy of direction of the administration of criminal law by the Reich Ministry of Justice is only intended as an emergency measure for the duration of the war. It becomes necessary: a) If agreement is reached between the views of the General Public Prosecutors and the Reich Minister of Justice; b) If this agreement has also been put into practice; c) If initiative and speed has been assured.
"The danger of a reduced sense of responsibility of subordinate departments owing to the policy of direction of the administration of the law, has to be met. The sense of responsibility of the minor executives must not be reduced but rather increased by directives. Even in complicated cases the subordinate departments should not refrain from asking proposals. On the contrary, a proposal should always be submitted. The Reich Minister of Justice wishes that the Chief Public Prosecutors personally appear in court in important and difficult cases."
I will now read the paragraph at the bottom of page 67 which follows the sub-title, "Exceptions", and begins:
"Preliminary discussions on the collaboration of the prosecuting authorities with the security service and the SS are now taking place in Berlin and a draft of a decree has been made.
The executives of the prosecuting authorities are to work in confidential co-operation with the security, service and the SS."
I now go to the bottom of page 68 of the English translation, which appears to be on page 7 of the original, and under the designation 5:
"Particular questions on the penal code for Poles and its application:
A copy of the lecture given by General Public Prosecutor Steiner at the conference in Berlin is to be sent to the heads of the Persecuting Authorities of the district.
"Chief Public Prosecutor, Dr. Osterkamp, then pointed out the following: a) a summary sentence is possible in spite of the nature of the crime; b) in the indictment a crime is not to be referred to as a mild case; c) the right of selfdefense for Poles is not to be excluded, but different standards have to be applied from these applied to Germans; d) in the case of insubordination to a German employer tho employer's right to punish the insubordinate person is not to be mentioned; e) excessive ill treatment of foreign workers (especially Poles) has to be reported to the Reich Minister of Justice.
"Proceedings against Poles have to be dealt with in a single legal move. Indictments by Criminal Courts are to be avoided. Charges are to be preferred by a Special Court (in severe cases) otherwise before a judge of the Lower Court.
"Severe penalties are required in the case of: a) attacks on the feminine honor of a German woman by Poles; b) attacks on Germans by Poles."
On the same page shortly after the insert of "page 9 of original":
"The sentencing of plunderers after air-raids:
"Chief Public Prosecutor Meissner gave an account of his experiences of the sentencing of plunderers after terror air raids on Cologne on the night of 31 May 1942.
"In this connection, Chief Public Prosecutor, Dr. Osterkamp referred to the circulated regulation by the Reich Minister of Justice, date 16 June 1942 and gave the following directives:
"a) After a largo scale attack the chief of the administrative authorities and a corresponding number of special coordinators are to proceed personally and without delay to the place where the large scale attack has taken place, and to contact at once the police and political heals. b) The special court has to sit on the spot; c) sentence has to be passed on the same day that the charge is made; d) reports on pardon in such cases are to be made by telephone."
I next go to the bottom of page 71 in the English book and read from what is apparently the last paragraph of the original page 11, and also the last paragraph on page 71:
"Chief Public Prosecutor Dr. Osterkamp explained by individual examples, which penalties were deemed appropriate in the case of illicit slaughtering by the Reich Minister of Justice. The Reich Minister has proposed the following sentences in the case of illicit slaughtering: 18 cwt of meatover 2 years penal servitude; 9½ cwt of meat, penal servitude; 28 cwt of meat - penal servitude; 538 cwt of meat - death sentence: 200 cwt of meat - death sentence; 685 cwt of meatdeath sentence."
I now go to the middle of page 72 of the English translation and read, which is apparently the last sentence on page 12 of the original document and is entitled:
"Legal treatment of testimonials of political good conduct.
"If in a trial, testimonials of political conduct are submitted for the characterization of the accused it has to be left to the judge's dexterity to avoid conflicts with the department which furnished the testimonial of political conduct.
"In libel actions which a rise through the contents of a testimonial of political conduct, the court should not examine the factual correctness of a certificate of political qualification.
"If great doubts are felt as to the accuracy of the certificate of political conduct the opinion of the party office above the issuing department is to be heard (for example: If the Ortsgruppenleiter has issued the testimonial of political conduct, the Kreisleiter is to be asked for his opinion, if the Kreisleiter has issued the testimonial, the Gauleiter is to be asked for a statement. The opinion of the Reichleiter to be obtained by report to the Reich Minister of Justice."
MR. LAFAOLLETTE: I offer as Prosecution Exhibit No. 40 instrument document NG-673 in Bock 1-B.
THE PRESIDENT: It will be received in evidence. The document will be received in evidence.
MR. LAFOLLETTE: I shall ask Mr. King to continue.
MR. KING: May it please the Court, the next exhibit the prosecution would like to offer is NG-607 to be found beginning on page 79 of Document Book 1, Part B and continuing through page 83 of the same book. The Exhibit number is NG-607 beginning at the top of page 79 in the English translation. It's a decree dated -- it's a decree signed Thierach, dated 20 July 1943.
"I appoint the Chief Prosecutor in the Reich Ministry of Justice; SS Obersturmfuehrer Dr. Horst-Guenter Franke Chief-Liaison-Officer to the Chief of the Security-Police and of the SD (Reich Security Main Office) effective as from 1 August 1943.
Berlin, 20 July 1943.
(signed) THIERACK"
MR. KING: On the same page in the English text the last paragraph on that page.
"An unbiassed judgment on the personality of this Civil Servant can only be formed after prolonged observations under the full burden of his task. Hitherto he has proved to have the necessary qualifications, he is a clear headed thinker and gives lucid reports, he is efficient and has a clear political judgment, Berlin, 4 August 1943 (signature) illegible."
MR. KING: The court will notice the signature on the mimeographed page 79. It seems to have been illegible to the transcribed. However, upon checking the document it seems clear to us that the signature was the name "Vollmer." On the next page the first paragraph:
"The Minister wishes arrangements to be made for the promotion of FRANKE as Ministerial Rat."
MR. KING: And that note was signed by Klemm and dated 4-2-44. That's all on that page which we wish to read. Continuing on the next page, page 81 of the English text a letter addressed to Dr. Horst-Guenther Franke, dated 25 April 1944.
"The Fuehrer has appointed you Ministerialrat by deed of 20 April 1944, already handed to you. I assign you to your new office in the Reich Ministry of Justice in Berlin and I list you effective 1 April 1944 in the regular Reich Salary Group A 1a."
MR. KING: We do not wish to read further on that page nor the next page in the English text which is page 82. Prosecution offered NG-607 in its entirety in evidence.
THE PRESIDENT: The document will be received in evidence.
MR. KING: As Exhibit No. 42 the prosecution wishes to offer NG-219to be found in the English Document Book 1, Section B, beginning on page 84 and continuing through to the bottom of page 89 in the same volume. Beginning on the top of page 85 in the English text:
"Copy of an extract from the report regarding the situation by the General Public Prosecutor in Jena of 30 September 1943.
"The reciprocity contained in the Executive Order of the Reich Ministry of Justice concerning the co-operation of the justice authorities with the Security Service of the Reichsfuehrer SS of 3 August 1942 - German Justice S. 521 - is only very conditional. The Justice works openly, and the Security Service secretly. So, as a general rule the justice is not at all informed of the work which is being carried out by the Security Service and is therefore also not in the position to request information. It is usually accidentally informed about such investigations. So it was in the case of Greiz, which was presented to the Minister and during which an Inspector of Justice was asked about the attitude in the judicial circles regarding the judges letters. I furthermore remember a case of Sonneberg from which the conclusion could be drawn that the Security Service made investigations regarding the protection of war marriages through the courts."
MR. KING: That's dated Berlin, 6 October 1943. The next page, page 86, we do not wish to read into the record although we do wish to offer it in evidence.
Page 87 of the English text:
"To Ministerialdirector Letz.
"I would be grateful to you for information as to whether you are informed about the cases of Greiz and Sonneberg. The peculiar method of not answering special questions is generally known throughout the entire Reich. It is unbearable for people with character and it is an impossibility for decdnt people or members of the Party. In my opinion it would come to an end at once if one is quite candid and would tell them the whole truth about the P.K."
MR. KING: I would like to say parenthetically that the meaning of PK at this moment is unknown to the prosecution. To continue:
"I personally must persist in the demand for complete equality and the corresponding etiquette. I have just given orders to the Oberregierungsrat---"
MR. KING: The name is illegible apparently.
"---to raise objections again certain abuses in a suitable manner at the Reich Main Security Office."
MR. KING: The note is signed Vollmer, 27 October. We do not wish to read further on that page.
The next page, 88 in the original text, we would like to read in its entirety:
"To Ministerialdirector Dr. Vollmer.
"The cases of Greiz and Sonneberg have not been known in Department No. 1.
"Moreover, I know from documents, which the minister produces from time to time out of his private files, that the Security Service takes up special problems of the administration of justice with thoroughness and make summarized situation reports about them. As far as I am informed, a member of the Security Service is attached to each judicial authority. This member is obliged to give information under the seal of secrecy. This procedure is secret and the person who gives the information is not named. In this way we get, so to say, anonymous reports. Reasons given for this procedure are of state political interest. As Long as direct interests of the state security are concerned, nothing can be said against it, especially in war-time. Moreover, as far as, for instance, less important judgment of personnel of a less important nature, expert questions of justice or general 'reports of attitude' are concerned, I do not regard the anonymity as harmless. The danger exists that people will be trained to snoop around, that unjustified denunciations will occur, and that an atmosphere of mistrust will be created. There can, indeed, be no question of cooperation between the justice and the Security Service during such a procedure. On the other hand, the minister may be interested to know how the justice is criticized outside the official channels of appeals. In any case, the secret, one-sided Security Service reports cannot be a basis for the establishment of facts and certain conclusions. They may provide hints."
Signed, "Letz, Berlin, 29 October 1943".
The Prosecution would now offer NG-219 as Exhibit No. 42.
THE PRESIDENT: It will be received in evidence.
MR. KING: As Exhibit No. 43, the Prosecution will offer NG-440, which is to be found on page 90 in the English text of Document Book 1, Section B. It is dated 5 July 1944.
The subject is: "Speech of the Reichsfuehrer SS at the Reich Castle at Cochem."
"On the invitation of the Reich Minister of Justice, Dr. Thierack, the Reichsfuehrer SS--that is, Himmler--spoke to the Presidents and the Chief Prosecutors of the courts of appeal at the Reich Castle of Cochem on 20 May 1944. The question of the development and the aims of the SS was dealt with, in particular the importance of the racial question, questions of national biology, fighting selection, racial community, the importance of the Waffen SS, and the Greater-German thought.
"The judges and prosecutors were to receive the information through the Presidents of the Courts of Appeal and might have been informed in the meantime.
"You are respectfully requested to submit a detailed report on the reception and the effect of this speech on the judges and the chief public prosecutors."
The Prosecution offers in evidence NG-440, as Exhibit No. 43.
DR. GRUBE (Counsel for the defendant Lautz): I should like to object to this document. From the document, it cannot be seen by whom it has been decreed, nor to whom it was addressed. The document contradicts Article 7 of Ordinance No. 7.
THE PRESIDENT: We have heard the objection.
MR. KING: If it will help clarify matters somewhat, the Court will notice on that document the initials "K. M." Those initials are believed to be those of the defendant Klemm.
DR. GRUBE: That does not prove that it was in fact written by Klemm. We will have to find out whether it was really Klemm.
MR. KING: May it please the Court, the Prosecution has in process of preparation now a document which will materially aid not only the Court, but the defense, in the identification of these documents. We regret that that is not ready at this moment. However, we will introduce it in a matter of a very short time.
I might say just briefly that this document is a listing of official signatures, official initials, of all of the defendants; and when we make the statement today that these initials appear to be these of Klemm, it is on the basis of this document which we will introduce at the beginning of next week.
However, if, in the defense's opinion, this should be help up until it can be positively identified, I am sure that the prosecution will have no objection to doing that.
MR. LA FOLLETTE: May I say this to Your Honors to explain further the position of the Prosecution? The document was in the Berlin document center. We have done almost everything we can to get it down here. It is down here now, I understand, and is being processed. We have not desired to delay, but we are quite sure the document will furnish adequate competent identification. For that reason we ask that these documents, and others to which similar objection might be raised, until we file the evidence, may be received subject to their going out if we don't then identify them.
THE PRESIDENT: We will tentatively and conditionally receive this document, and other documents where similar objections are made, and in the event no further authentication is made or identification, we will then rule upon the matter as the occasion arises.
MR. KING: Very good.
THE PRESIDENT: Perhaps I should add that we will rule it out unless something further is presented.
MR. KING: Yes, sir.
The Prosecution would next introduce as Exhibit No. 44 document NG416, to be found beginning on page 91 of document book 1, Section B. Reading from the top of the page in the English text:
"The National Socialist German Worker's Party, Party Chancery, Ministerial Director Dr. Friedrich. Munich, 1 August 1944."
The letter is addressed to Undersecretary of State Klemm, Reich Ministry of Justice.
"My dear Party Comrade Klemm:
"A short time ago the Minister, still under the impression of the 20 July 1944, wrote letters to the Fuehrer and to Reichsleiter Bormann, discussing again the plan of placing cases of political crimes under the jurisdiction of the Department of Justice.
I immediately informed the Reichsleiter, who at once agreed to the idea, in a positive sense by teletype. I hope that this information was in time to enable the Minister to discuss the matter yesterday in Berlin with Reichsleiter Bormann, but I wanted to inform you too, confidentially, on the state of things by this letter. Perhaps you are in a position to inform me directly on the state of the matter, in particular concerning the opinion of the Minister, so as to speed up the affair. I hold that the situation, which is extremely favorable to it, ought to be made use of quickly.
"Heil Hitler, Yours, Friedrich."
On the next page, it is to the Secretary of the Reich Ministry of Justice, Ministerial Director Dr. Friedrich. It is dated Berlin, 4 August 1944.
"Dear Party Comrade Friedrich:
"I thank you for your letter of 1 August 1944 concerning the placing of cases of political crimes under the jurisdiction of the Department of Justice. The matter got through smoothly, in particular the legal proceedings connected with the events of the 20th of July will be transferred to us.
"In my opinion, the problem is not yet fully solved thereby. The old plan of taking political cases away from the Wehrmacht jurisdiction and of transferring them to our Special Courts and to the People's Court should be reconsidered. But I do not know whether we ought to bother the Fuehrer at all with it right now. At all events, we informed the Reichsfuchrer SS of the idea too. I think it would be best to solve this whole problem now with the rest.
"Heil Hitler, Yours, Klemm."
The Prosecution now introduces in evidence Exhibit No. 44, NG 416.
THE PRESIDENT: It will be received in evidence.
MR. KING: The Prosecution would like to introduce as Exhibit No. 45 NG 195 to be found in the English text in Document Book 1, Section B, beginning on Page 93. The first part of this proposed exhibit refers to the minutes of the conference of department chiefs on 6 January 1944, reading from the first paragraph:
"The Minister began by thanking the department chiefs for their good wishes and then entered into the reasons which had led to the temporary deactivation of the State Secretary Dr. Rothenberger. He said that a change of person in the post of state secretary would not cause any change in the existing policy governing the administration of justice. In particular the three offices comprising the judges and those who administered justice, the administration of justice through the people, and the new order of the judicial organization, would continue their work with the same object in view. The chief presidents and the advocates-general would be informed of it at the next meeting of chief presidents at the beginning of February."
The third paragraph from the English text, also on Page 93:
"The minister announced that from now on the departments III, IV, and V, too would be placed under the control of the state secretary and hereby recalled the contrary regulation in office routine, which was published on 27 August 1942, but added that all death sentences must continue to be submitted to him. He would request the state secretary to be present when they were submitted. Furthermore all political and legal matters of particular importance must be reported to him."
Then on Page 94 of the English text, two paragraphs down from the one I have just finished reading:
"The minister furthermore decided that an information service must be provided for the chief presidents and the attorneys-general, to enlighten them on political events, on the feeling aroused in the public by the administration of justice, and to provide them with information on those spheres of life which are of interest to justice. He said that an attempt should be made to get information from other authorities.
Furthermore, good articles which give a survey of certain spheres of life should be made accessible to the chief presidents and attorneys-general. This information service must start on 1 March 1944."
The last paragraph on page 94:
"In conclusion Ministerialdirector Dr. Suchomel delivered a report on the condition of the work in division III. It was announced that at the next department chiefs' conference Ministerialdirector Alstoetter would give a summary of the work of department IV."
On page 95 beginning "Minutes of the Conference of Department Chiefs on 31 January 1945," the second paragraph -- I note from the translating booth that this particular page is not in at least some of the German texts. It appears that the missing page is 104 in the German textbook. The second paragraph:
"The branch offices of the ministry in Prenzlau and Zehdenick must not be evacuated prematurely, not even by members of the family, although precautions should be taken in general for the destruction of all materials relating to the files. In particular it must be made quite clear what was to be destroyed, and where and by whom. Above all, no personal files, not even from division V, no particulars as to the employment of prisoners in armament factories, no files referring to the budget or other secret procedure must fall into the hands of the enemy."
The next to the last paragraph from that document:
"In conclusion Ministerialdirector Engert gave a summary of the damage caused by air raids to both persons and buildings in the penal institutions."
The Prosecution would offer Exhibit 45, Document No. NG 195 in evidence.
THE PRESIDENT: It will be received in evidence.
MR. KING: As Prosecution Exhibit No. 45 -- excuse me -- 46, we would now like to present certain paragraphs from Document NG 711 which is to be found beginning on Page 100 of the English Document Book 1, Section B.