And the encumbent of The points I have been making are illustrated on the chart.
We are have been already proved or will be proven.
The chart is also designed t depict (to the left of the line running down the right center) the chronological development of the offshoots of the ordinary cabinet.
Thus in the main box entitled "Reich Cabinet" (which appears directly under Hitler) certain dates appear.
The Ministerial Defense Council was created in 1944 -- the Delegate for Total War Effort, Goebbels. These agencies were, next to Hitler, important Nazi functionaries. And in every case, as the chart shows, they were occupied by personnel taken from the ordinary cabinet. The arrow running from the Reich Defense Council to the Ministerial Defense Council is intended to reflect the fact shown previously that the latter was formed out of the former. We will, for other points of this presentation, refer again to the chart -- especially that portion to the right which relates to Ministries. the Reichsregierung was not the result of a co-mixture of personnel alone. It was also realized by the method in which it operated. The ordinary cabinet consulted together both by meetings and through the so-called circulation procedure. Under this procedure, which was predominantly used when meetings were not held, drafts of laws prepared in the individual ministries were distributed to the other cabinet members for approval or disapproval. under this procedure was Dr. Lammers, the Leader and Chief of the Reich Chancellery. I have here an affidavit executed by him concerning that technical device which we offer in evidence as U.S.A. Exhibit 391. It appears in our Document Book as Document 2999--PS. I should like to read all of it:
"I, Hans Heinrich Lammers, being first duly sworn, depose and say:
"I was Leader of the Reich Chancellery from 30 January 1933 until the end of the war. In this capacity I circulated drafts of proposed laws and decrees submitted to me by the Minister who had drafted the law or decree, to all members of the Reich Cabinet. A period of time was allowed for objections, after which the law considered as being accepted by the various members of the Cabinet. This procedure continued throughout the whole war. It was followed also in the Council of Ministers for Defense of the Reich."
"and signed "Dr. Lammers." and sworn to before Colonel Hinkel.
here a memorandum dated 9 August 1943, which bears the facsimile signature of the defendant Frick, and is addressed to the Reich Minister and Chief of the Reich Chancellery. Attached to the memorandum is a draft of the law in question and a carbon copy of a letter dated 22 December 1943 from the defendant Rosenberg to the Reich Minister of the Interior, containing his comments on the draft. I now offer Document 1701-PS, as USA Exhibit 392; and I call your Honors' attention to the big red border around the inclosure.
The quoted portion is from page one of the translation, and page one of the original.
Quoting:
"To the Reich Minister and Chief of the Reich Chancellery.
"For the information of the other Reich Ministers.
Subj: Law on the treatment of enemies of the society.
Enclosures. 55.-
Justice, Dr. Thierack, and ask that the law be approved in a circulatory manner.
The necessary number of prints is at tached."
body was created. And the decrees of the Council of Ministers were also circulated to the members of the ordinary Cabinet. Chancellery, and addressed to the members of the Council of Ministers, dated 17 September 1939, and bearing the typed signature of Dr. Lammers, Reich Minister and Chief of the Reich Chancellery. It is document 1141-PS, USA Exhibit No. 393. Document 1141-PS from the English translation, a copy of the last paragraph just above Dr. Larmmers' signature, and I quote:
"Matters submitted to the Council of Ministers for the Reich the Council.
I have been requested by some of the Reichministers "the drafts of decrees which are being submitted to the Council, of their respective offices.
I shall follow this request so that Defense.
I therefore request to add forty-five additional copies arguments for the drafts, to the folders submitted to the Council."
on this procedure at page 34 of a pamphlet entitled "Die Reichskanslei", which I now offer in evidence as document 2231-PS -
THE PRESIDENT: Colonel Storey, I don't understand the importance of the last paragraph.
COLONEL STOREY: The last document, Your Honor, please, is in further evidence of the approval of the laws, and of the passing of the laws by a circulatory process.
THE PRESIDENT: We already got Dr. Lammers' affidavit.
COLONEL STOREY: It might be considered strictly accummulative, if that is what Your Honor has in mind.
THE PRESIDENT: If it is accummulative, we don't really want to hear it.
COLONEL STOREY: Yes. I will ask then it be stricken from the record. I really overlooked the fact that it was accumulative. Miss Grover and Commander Kaplan tell me the document No. 2231 is prebably al so corroborative of the same process, and I will, therefore, not offer it. together through actual meetings. The Council of Ministers did likewise, but those members of the Cabinet who were not already members of the Council a] attended the meetings of the Ministerial Council. And where they did not attend in person, they were usually represented by the state secretaries of the Ministries. We have here the minutes of six meetings of the Council of Ministers as of 1, 4, 8, and 19 September 1939. These original documents were found in the files of the Reichs Chancellery. I offer them in evidence as Document 2852-PS, USA Exhibit No. 395. It will only be necessary to point out for our purposes at this time a few of said minutes. I call the attention of the Tribunal to the meeting held on 1st of September 1939, which is probably the first meeting since the council was created, on 30th August, 1939, and I read from that document, showing who was present. We are getting at the top of the English translation:
"Present were the permanen t members of the Council of Ministers for the Reich Defense:
The Chairman and Generalfield Marshall, Goering; The Deputy of the Fuehrer, Hess (for some unknown reason a line appears through the name Hess), and and Plenipotentiary for Reich Administration, Dr. Frick; the Plenipotentiary for Economy, Funk; the Reich Minister and Chief of the Reich Chancellery, Dr. Lammers; and the Chief by Major General Thomas."
These were regular members of the Council. Also present was the Reich Minister for Food and Agriculture, Darre, and seven state secretaries, naming the secretaries. These State Secretaries were from the several Ministries, or other Supreme Reich Authorities, as for example: Korner was the Deputy of the Defendant Goering in the Four-year Plan; Stuckart was in the Ministry of the Interior; Landfried was in the Ministry of Economics; Syrup was in the Ministry of Labor. These inisters appear on the government chart which is already in evidence. Now the meeting of the Council, I will skip that one.
THE TRIBUNAL: (Mr. Biddle): Colonel Storey, the last document shows only certain members of the cabinet were at the cabinet meeting?
COLONEL STOREY: Yes. It shows no more than that. I am going on a little further, and show that the SS Gruppenfuehrer was present also, and that other people were present.
MR. BIDDLE: What does that show?
COLONEL STOREY: In other words, that they called in these subordinate people, as in the meeting of the Ministers.
MR. BIDDLE: What would that show?
COLONEL STOREY: Well, it does show the promulgation of the party, and the subordinate agencies, showing they could use this Reich Cabinet for any purposes they wanted, and to devise laws any way they wanted to. They called in these subordinate people, in these subordinate positions, to stay with them where they were passing cabinet measures. I can also call Your Honors attention to the fact to these Ministerial Council For Defense. The cabinet supposed to be a Ministerial ranking cabinet meeting, and as I just started to show, they called in the SS Gruppenfuehrer Heydrich in this meeting.
THE PRESIDENT: There would be no doubt but that there was a Reich cabinet.
COLONEL STOREY: No, sir.
THE PRESIDENT: And that the Reich Cabinet made decrees by this circulatory method. There is no doubt about that.
COLONEL STOREY: All right, sir.
THE PRESIDENT: What does this document have to do with that?
COLONEL STOREY: Showing who participated, and how they were there in their party rank, and I will admit the rest with reference to these other individuals.
THE PRESIDENT: Ample evidence we have had before who formed the Reich Cabinet.
COLONEL STOREY: Yes. Well, I will skip the rest with reference to other people who participated, and for the record just skip over to page 23. Before leaving these minutes, and as indicative of the activities of the Reichsregierung, I would like to ask the attention of the Court to some of the decrees passed, and minutes discussed at these meetings.
At the first meeting of 1st September 1939, fourteen decrees were ratified by the Council. Of this group I call the attention of the Tribunal to decree No. 6, appearing on page 2 of the translation, and I quote:
THE PRESIDENT: I don't think you gave us the number.
COLONEL STOREY: I beg your pardon, sir, page 23. It is the Reichsgesetzblatt No. 1, page 1681, of which we ask the Tribunal to take judicial notice. That decree was about the organization of the administration, and about the German safety police in the Protectorate of Bohemia and Moravia. That appears in translation of 2052 in the one that was passed there, dated 19 September 1938, on page 6 of the translation, and I quote from the bottom of the page of number six:
"The Chairman of the Council, Generalfieldmarshall Goering, in the occupied polish territory.
He expressed his inten tory.
Then the questions of decreasing wages, and the ques tions of working hours; and the support of members of families of inducted workers were discussed."
Unquote and in paragraph 2 of the Minutes, I quote the following, as it appears on page number 6: "The Chairman of the Council..." No. It is on page 7:
"The Chairman directed that all members of the Council re
SS. Then the question of the population of the future Polish in Germany."
Unquote. meeting of 15 November 1939, page 10 of the translation; where among other things, the "treatment of Polish Prisoners of War" also was discussed.
union between agencies of the State, and the Party, especially with the notorious SS, but also tends to establish, as charged in the Indictment, that the Reichsregierung was responsible for the policies adopted, and put into effect by the government, including those which comprehended, and involved the commission of the crimes referred to in the Indictment. But more working alliances would be meaningless unless there was power. And the Reichsregierung had thepower. Short of Hitler himself -- it had practically all the power a government can exercise. The prosecution has already offered evidence on how Hitler's Cabinet, and the other Nazi conspirators, secured the passage by the Reichstag of the "Law for the Protection of the People and the Reich", 24 March 1933, which has been previously referred to in our document 2001-PS, which law vested the Cabinet with legislative powers even to the extent of deviating from previously existing constitutional law, how such powers were retained even after the members of the cabinet were changed, and how the several states, provinces, and municipalities, which had formerly exercised semi-autonomous powers, were transformed into mere administrative organs of the central government. The ordinary cabinet emerged all-powerful from this rapid succession of events. The words of he defendant Frick are eloquent upon that achievement. I have an article of his which he wrote for the 1935 National Socialist Year Book, an article in document No. 2380-PS, which I offer in evidence, and I quote from page 213 of the original, and it is on page one of the English translation, the second paragraph:
"The relationship between the Reich and the States has been put people.
It gives to the Reich cabinet (Reicbsregierung) unlimited ship and administration of the Reich.
From now on, there is only one national authority:
The one of the Reich. Thus, the German Reich "In calm determination, the Reich Cabinet (Reichsregierung) realizes people, the great loning of the Nation.
The creation of the Na tional socialist German unified state."
THE PRESIDENT: Colonel Storey.
COLONEL STOREY: Yes, Sir?
THE PRESIDENT: That document is to me still merely accummulative. You have established, and other counsel on behalf of the United States Government have established that the Reich ministers had power to make laws, and the question is whether you have given any evidence as to the criminal nature of the Reich Cabinet.
COLONEL STOREY: Your Honor please, again it was concluded for the purpose of including one of the defendants here.
THE PRESIDENT: that I was trying to find out, it was merely accumulative.
COLONEL STOREY: Yes, all right, sir. It may be strictly accumulative. I have the next one, and I will admit the next reference, which will probably also be accumulative, and turn over to the beginning with the word in the back of the text -
THE PRESIDENT: The same document, you mean?
COLONEL STOREY: No, sir. There is another document I am going to offer, 2849. There is a quotation from another book, probably bearing on the same point.
I will admit it also. The next has reference to the Ministerial Council, being given legislative power. I don't believe that that has been introduced before. That Council was given legislative powers. That is in Article 2 of the decree of 30 August 1939, our document 2018-PS; the ordinary cabinet continued to legislate throughout the war. This next document, if the Court please, it may be not necessary to read. It generally shows the above agencies continued to legislate side by side, and it really would be accumulative evidence. There were others that possessed legislative powers. Hitler, of course, had legislative power. Goering, as Deputy of the Four-year Plan, could and did issue decrees that had the effect of law. And the Cabinet delegated power to issue laws, which could deviate from existing law, to the Plenipotentiaries of Economy and Administration, and the Chief of the OKW, to the so-called 3-Man College, the 3-Man College having authority to legislate. This was done in the war planning law - the Secret Defense Law of 1938, USA Exhibit No. 36, our document 2194-PS. These three officials, Frick, Funk and Keitel, were also members of the Council of Ministers, as well as being part of the ordinary cabinet. It can, therefore, be readily said, in the language of the Indictment that the Reichsregierung possessed legislative powers of a very high order in the system of the German government, and that they exercised such powers as in part already has been demonstrate. I simply refer to that to show it was simply concentrated cabinet law, without quoting. That the executive and administrative powers of the Reich were concentrated in the Central Government primarily as the result of two basic Nazi laws that reduced the separate states (called Lander) to mere geographical divisions. Your Honor, please, these laws are cited, and I believe it would be accummulative evidence if I undertook to chronicallize the laws. I now pass to the part at the bottom of page 29. There were other steps taken towards the centralization, but those two laws were the fundamental ones for the purpose. Let us see therefore what powers the ordinary cabinet could wield as a result. We have here a periodical published in 1944 which was edited by Dr. Wilhelm Stuckert, State Secretary in the Reich ministry of the Interior, and Dr. Harry V. Rosen-v Hoewel, another official with the title of "Oberregierungstate", in the Reich ministry of the Interior.
It is entitled "Administration Law," and I offer it in evidence as exhibit 2959-PS. It details the powers and functions of all the ministires of the ordinary cabinet from which I will select but a few to illustrate the extent of control vested in the Reichsregierung. The quotation is from page 2 of the translation, and page 66 of the original. "The Reich Ministers. There are at present twenty-seven Reich Ministers, namely:" each Minister had jurisdiction over, and to what his authority extended, for example, the Reich minister for Foreign Affairs, it details what he handles. The Reich Minister of the Interior follows in detail on the matters extrusted to his jurisdiction, and so on.
THE PRESIDENT: Colonel Storey, may I ask you what has that to do with criminality in the Reich Cabinet?
COLONEL STOREY: The point is as I see it, though it can be deemed accummulative,Your Honor, is to show how these defendants, end the others were for forming a cabinet, forming the ministries, to form committees, councils, so that they could give the semblance of legality to any act they determined to take advantage of, whether they were in session or not, and according to the dictates of the respective Ministers, in other words, showing a complete domination.
THE PRESIDENT: I suppose that was in there too.
COLONEL STOREY: All right, I'll pass to further references. I'll skip over the rest of the law, and go to page 35 of the record in reference to criminality, and particular crimes. I now come to the second phase of the proof against the Reichsregierung, that tending to establish its criminal characteristics. As the proof on all phases of the prosecutions' case is received, the Tribunal will note more and more the relationship such evidence bears to the Reichsregierung, and their resultant responsibility therefor. Here, we will direct the court's attention to some predominant elements of the evidence that brands this group. First, it cannot be stressed too frequently, that under the Nazi regime the Reichsregierung became the criminal instrument of the Nazi Party. In the original Cabinet of 30 January 1933, there were only three cabinet members, who were members of the Party: Goering, Frick, and of course, Hitler. I have already shown that as new Ministries were added to the Cabinet, prominent Nazis were placed at their head. On January 30, 1937, Hitler executed acceptance into the Party of those Cabinet members who were not already members of the Nazi Party. This action is reported in the Volkischer Beobachter, South German Edition, 1 February 1937, and this document No. 2964-PS I quote from, paragraphs 3 and 4, No. 2964-PS of the English translation:
"In viewof the anticipated lifting of the ban for party h.c. Raeder; the Prussian Minister of Finance, Professor Popitz; and the Secretary of State and Chief of the Presidential Chancellery, Dr. Meissner.
The Fuehrer also Secretary Dr. Lammers, State Secretary Funk, State Secretary of the Airforce Milch."
Unquote. ferred. Only one man did this, von Eltz-Rubenach, who was the Minister of Pots, and Minister of Transport at the time. I have here an original letter, dated 30 January 1937, from von Eltz Rubenach to Hitler, and it is his own personal handwriting. I offer it in evidence as document 1334-PS. I desire to offer it as USA 412, and I quote the entire document No. 1534-PS:
"Berlin, W.8. 30 January 1937, "My Fuehrer:
must remain faithful to my Lord, and to myself. Party This decision has been infinitely difficult for me.
For never With German Greetings:
(signed)
Baron von Eltz. " But the Nazis didn't wait until all members
THE PRESIDENT: Was anyone else permitted to resign?
COLONEL STOREY: Yes, but the Nazis didn't wait until all members, as I understand, Your Honor, of the cabinet were party members. Every one of them, each member did, except this one, and he declined and resigned, which was accepted. And the Nazis didn't wait until all members of the cabinet were party members. Shortly after it came to power it quickly assured itself of active participation in the work of the cabinet. On 1 December 1933, the cabinet passed a law securing the unity of party and state. That has been introduced previously and I will not refer to it any more. This refers to our document No. 1395.
THE PRESIDENT: Why is Eltz but no one else shown in the year 1938 as a member of the cabinet, in 1938?
COLONEL STOREY: Your Honor, please, the 1938 simply referred to the time the Secret Cabinet and Council were created. It does not have to do with when any of these people came to the cabinet.
THE PRESIDENT: I see.
COLONEL STOREY: in other words, all those arrows show what these different a encies were.
THE PRESIDENT: Yes, I follow it.
COLONEL STOREY: As created during those years.
I say for your Honors' information, that in this list of all the cabinet members and the members of the Reicheregierung, from 1933, his name is shown in the list that we handed to your Honors.
THE PRESIDENT: Up to 1937?
COL. STOREY: No, sir; from 1933 clear to 1945 his name is listed. If your Honors will recall, we handed in a separate list and it does contain the Baron's name and with the authorities of his appointment, and so forth.
THE PRESIDENT: You mean, that is a mistake?
COL. STOREY: No, sir; it is not a mistake.
THE PRESIDENT: He didn't resign?
COL. STOREY: He did resign, but your Honors asked if his name was shown up here and I said that in the separate list showing this list of all members of the Reicheregierung, from 1933 to 1945, the Baron's name was included and the proper reference is made in this separate list for your Honors' information. dated 27 July 1934. It is Document D-138, USA Exhibit 403, and it is in the section headed "Laws and Decrees," if your Honors please, and I offer it in evidence. This is a decree of Adolf Hitler:
"I decree that the Deputy of the Fuehrer, Reich Minister Hess, Reich Administrative spheres.
All legislative work is to Minister concerned.
This also applies in cases where no draft.
Reich Minister Hess will be given the opportunity send as representative an expert on his staff.
These experts (signed) Adolph Hitler" regarding his right of participation on behalf of the party.
I now offer in evidence Document D-139. This is an original letter dated 9 October 1943, on the stationery of the NSDAP, addressed to the Reich Minister for Enlightenment of the People and Propaganda, signed by Hess.
I now quote the entire document:
"By a decree of the Fuehrer dated 27 July 1934, I have been time.
I must point out that my participation means the Party before making my comment.
Only by proceeding in (signed) R. Hess".A handwritten note appears attached to the letter.
It reads and I quote from page 2 of the translation:
" Berlin, 17 October 1935.
1. The identical letter seems to have been addressed to all Reich Ministers.
In our special field the decree of 27 July 1934 has hardly become applicable so far.
A reply does not 2. File in file 7B (?)(signed) "R" " The participating powers of Hess were later broadened.
I now refer to Document D-140, U.S.A. Exhibit 405, and it is a letter dated 12 April 1938 from Doctor Lammers to the Reich Ministers. I offer it in evidence and quote from the English translation, paragraph 3:
"The Deputy of the Fuehrer will also have participation where the (Reich Law Gazette 181). Where the Reich Ministers have participating Reich Minister.
Laws and legislative decrees (signed) Dr. LAMMERS"
THE PRESIDENT: Colonel Storey, may I ask you what those three documents are supposed to prove?
COL. STOREY: In the first place, your Honor, the one I just referred to shows that they passed laws over conquered territory. That one related to Austria. The one signed by Hess, just before, gives him almost unlimited power as regards to both formal and legal ordinances and over administrative districts and in addition, I think, your Honor, the most important point is that Hess says "you must send them to me long enough in advance so that I may consult with the Party and the appropriate Party members and get their reaction."
THE PRESIDENT: Is that relied upon as evidence of criminality, that he took the trouble to find out information of this sort?
COL. STOREY: I think it is a part of the general conspiracy showing the domination of Party and State by the Nazi Party and particularly the leadership corps.
THE PRESIDENT: I thought I had already said that it appeared to us -and I think I speak on behalf of all the Tribunal -- that that matter had been amply proved and that we wished you to turn to criminality of the Reich Cabinet.
COL: STOREY: May I assume, your Honor, that we need offer no further proof that the Party itself had to do with the making of these laws as suggested by the Defendant Hess? I thought it was incumbent upon us to prove that the Party dominated this cabinet and particularly the leadership corps.
THE PRESIDENT: You are dealing now with the Reich Cabinet, and I think the Tribunal is satisfied that the Reich Cabinet had full powers to make laws.
COL: STOREY: I think that we go a little step further and undertake to show, if we have not already shown, that the way and manner in which they did it by consulting the Party was criminal. Now, I have some other laws to cite here in corroboration of that but if the Tribunal is satisfied, I don't see any use to cite them.
THE PRESIDENT: I don't think the Tribunal would imagine that they made laws without consulting somebody. Perhaps it would be a convenient time to break off for ten minutes.
(A recess was taken from 1515 to 1530 hours).
COL: STOREY: If your Honors please, when we adjourned we were speaking of these laws that had been passed, and certainly I do not want to offer any cumulative evidence or any that is not necessary. I therefore am briefly referring to the laws which we propose to offer now. which they had set out to achieve, as introduced in evidence yesterday. Those points, your Honors will recall, related to everything from the abrogation of the Treaty of Versailles and St. Germain to the obtaining of greater living space, and so forth. passed by this Cabinet carrying into effect what we contend were the criminal purposes of the Party, and that, therefore, the Reich Cabinet was asked by the Party to give semblance of legality to their alleged criminal purposes. That is the only reason we expect to chronicle or to mention the laws that were passed in pursuance thereof, And I shall proceed as your Honors suggest and simply list a group of the laws that seek to establish the so-called 25 points of the Nazi Party. Perhaps, with your Honors' permission, I will just refer to a few of them as being indicative of the type of laws that were passed to further their 25 points. enacted, among others, the following laws: citizens in foreign countries to register. That is cited in the Reichsgesetzblatt. with Germany -
THE PRESIDENT: Don't go too fast. What was that?
COL. STOREY: The law of March 13, 1938 for the reunion of Austria with Germany.
THE PRESIDENT: Were those laws passed by the Reich Cabinet?
COL. STOREY: Yes.
THE PRESIDENT: Well, aren't you going to cite the laws?
COL. STOREY: Yes, but I was going to show them as illustrative, and that is the 1938 Reichsgesetzblatt, Part I, page 237. Sudetenland with Germany, 1938, Reichsgesetzblatt, Part I, pare 1641. page 559, of the 1939 Reichsgesetzblatt.