dtufail/nuremberg-trials-corpus huggingface dataset:
COL. STOREY: I beg your pardon, Sir. It is the Reichsgesetzblatt , I, 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 Security Police in the Protectorate of Bohemia and Moravia. That appears in the translation of 2852-PS. Another one that was passed is dated 19 September 1938, on Page 6 of the translation; and I quote from the bottom of the page: "The Chairman of the Council, General Field Marshal Goering, made comments regarding the structure of civil administration in the occupied Polish territory. He expressed his intentions regarding the economic evacuation measures in this territory. Then the questions of decreasing wages and the questions of working hours and the support of members of families of drafted workers were discussed." There are a number of miscellaneous points of discussion appearing, and in Paragraph 2 of the minutes I quote the following as it appears on Page Number 7: "The chairman directed that all members of the Council regularly receive the situation reports of the Reichsfuehrer SS. Then the question of the population of the future Polish Protectorate was discussed and the housing of Jews living in Germany." Finally, I call the attention of the Tribunal to the minutes of the meeting of 15 November 1939, Page 10 of the translation, where, among other things, the treatment of Polish prisoners of war was also discussed. We submit that this document not only establishes the close working union between agencies of the State and 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 crimes referred to in the Indictment. But a mere working alliance would be meaningless unless there was power. And the Reichsregierung had the power. Short of Hitler himself, it had practically all the power a government can exercise.
COL. STOREY: 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" of 24 March 1933, which, has been previously referred to in 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 the administrative organs of The central government. The ordinary Cabinet emerged all-powerful from this rapid succession of events. The words of the Defendant Frick are eloquent upon that achievement. Here is an article in Document 2380-PS, which I offer in evidence as Exhibit USA-396; and it is from the 1935 National Socialist Yearbook. I quote from Page 213 of the original, and it is on Page 1 of the English translation, the second paragraph: "The relationship between the Reich and the States has been put on an entirely new basis never known in the history of the German people. It gives to the Reich Cabinet"-Reichsregierung-"unlimited power; it even makes it its duty to build a completely unified leadership and administration of the Reich. From now on there is only one national authority: that of the Reich. Thus, the German Reich has become a unified state; and the entire administration in the states is carried out only by order of, or in the name of, the Reich. The state borders are now only administrative-technical boundaries, but no longer boundaries of sovereignty. In calm determination, the Reich Cabinet realizes step by step, supported by the confidence of the entire German people, the great longing of the nation: the creation of the unified National Socialist German State."
TEE PRESIDENT: Colonel Storey, that document seems to me to be merely cumulative. You have established, and other counsel on behalf of the United States 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.
COL. STOREY: If Your Honor pleases, again it was included for the purpose of connecting one of the defendants here...
THE PRESIDENT: What I was pointing out was that it was merely cumulative.
COL. STOREY: Yes, all right, Sir. It may be strictly cumulative. I will omit the next reference, which will probably also be cumulative and turn over to...
THE PRESIDENT: The same document, you mean?
COL. STOREY: No, Sir. There is another document that I was going to offer, Number 2849-PS. There is a quotation from another book; it probably bears on the same point. I will omit it also. The next is a reference to the Ministerial Council's being given legislative power. I don't believe that that has been introduced before-that the Council itself was given legislative powers. That is in Article 2 of the decree of 30 August 1939, Document 2018-PS. The ordinary Cabinet continued to legislate throughout the war. Obviously, because of the fusion of personnel between the Ministerial Council and the ordinary Cabinet, questions were bound to arise as to what form should lend its name to a particular law. Thus Dr. Lammers, the Chief of the Reich Chancellery and a member of both agencies, wrote a letter on 14 June 1942 to the Plenipotentiary for Reich Administration about this question. This next document, if the Court please, it may not be necessary to read. It just shows that both agencies continued to legislate side by side, and it would really be cumulative evidence. There were others that possessed legislative powers, besides the ones I have mentioned. 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 the existing law to the Plenipotentiaries of Economy and Administration and the Chief of the OKW, the so-called "Three-Man College"-the Three-Man College having authority to legislate. This was done in the war-planning law, the Secret Defense Law of 1938, Document 2194-PS, Exhibit Number USA-36. These three officials, Frick, Funk, and Keitel, however, were, as we have proved, 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 German government and that they exercised such powers has in part already been demonstrated.
COL. STOREY: I simply refer to that to show that it was a secret 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. If Your Honor pleases, these laws are cited, and I believe it would be cumulative evidence if we undertook to chronicle the laws. I pass to the part at the bottom of Page 29. There were other steps taken towards centralization. Let us see what powers the ordinary Cabinet would wield as a result. We have here a publication published in 1944, which was edited by Dr. Wilhelm Stuckart, State Secretary in the Reich Ministry of the Interior, and Dr. Harry von Rosen-von Hoewel, another official with the title of "Oberregierungsrat" in the Reich Ministry of the Interior. It is entitled Administrative Law, and I offer it as Document 2959-PS, Exhibit USA-399. It details the powers and functions of all the ministers 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 21 Reich Ministers, namely...." May I say that the only purpose in offering this is to show what 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 entrusted to his jurisdiction, and so on.
THE PRESIDENT: Colonel Storey, may I ask you what has that to do with the criminality of the Reich Cabinet?
COL. STOREY: The point, as I see it, again though it may be cumulative, Your Honor, is to show how these defendants, and the others with them, formed the ministries, formed these councils, so that they could give semblance of legality to any action they determined to take, 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 should have thought that was amply shown already.
COL. STOREY: All right, Sir, I'll pass further reference. I'll skip over all the rest of the laws and go to Page 35 of the record, in reference to the criminality and the particular crimes. We now come to the second phase of the proof against the Reichsregierung, tending to establish the criminal characteristics. As the proof of all phases of the Prosecution's 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 prominent elements of the evidence that brands the group. First, it cannot be stressed too frequently that under the Nazi regime the Reichsregierung became a 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 Hitler. I have already shown that as new ministries were added prominent Nazis were placed at their head. On 30 January 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; it is Document Number 2964-PS, Exhibit USA-401, and I quote from Paragraphs 3 and 4 of the English translation: '`In view of the anticipated re-opening of the rolls for Party membership, the Fuehrer, as the first step in this regard, personally carried out the enlistment into the Party of the members of the Cabinet who so far had not belonged to it; and he handed them simultaneously the Gold Party Badge, the supreme badge of honor of the Party. In addition, the Fuehrer awarded the Gold Party Badge to Colonel General Baron van Fritsch; Generaladmiral, Dr. Raeder; the Prussian Minister of Finance, Professor Popitz; and the Secretary of State and Chief of the Presidential Chancellery, Dr. Meissner. The Fuehrer also honored with the Gold Party Badge the Party members State Secretary Dr.
COL. STOREY: Lammers, State Secretary Funk, State Secretary Korner, and State Secretary General of the Air Force Milch." It was possible to refuse the Party membership thus conferred. Only one man did this, however, Von Eltz-Rubenach, who was the Minister of Posts 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 in his own personal handwriting. I offer it in evidence as Document 1534-PS, Exhibit USA-402; and I quote the entire document: "Berlin (We), 30 January 1937, Wilhelm Street, 79 "My Fuehrer: "I thank you for the confidence you have placed in me during the 4 years of your leadership and for the honor you do me . in offering to admit me into the Party. "My conscience forbids me, however, to accept this offer. I believe in the principles of positive Christianity and must remain faithful to my God and to myself. Party membership, however, would mean that I should have to countenance, without protest, the increasing violent attacks by Party officers on the Christian confessions and on those who wish to remain faithful to their religious convictions. "This decision has been infinitely difficult for me, for never in my life have I performed my duty with greater joy and satisfaction than under your wise state leadership. "I ask to be permitted to resign. "With German greetings, yours very obediently, Baron von Eltz." But the Nazis didn't wait until all members of the Cabinet
THE PRESIDENT: Was Baron von Eltz permitted to resign?
COL. STOREY: Yes. As I understand, Your Honor, every one of them was a member, except this one; and he declined and resigned-which was accepted. The Nazis didn't wait until all members of the Cabinet were Party members. Shortly after they came to power, they quickly assured themselves 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. It is referred to here as our Document Number 1395-PS.
THE PRESIDENT: Why is Baron von Eltz shown as a member of the Cabinet in 1938?
COL. STOREY: If Your Honor pleases, the "1938" simply refers to the time the Secret Cabinet Council was created. It does not have to do with when any of these people came to the Cabinet.
THE PRESIDENT: Oh, I see.
COL. STOREY: In other words, all these arrows show that these different agencies were created during those years.
THE PRESIDENT: Yes, I follow it.
COL. STOREY: I say, for Your Honors' information, that in this list of all of the Cabinet members and the members of the Reichsregierung 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 down to 1945 his name is listed. If Your Honors will recalls we handed in a separate list and it does contain the Baron's name, with the authority of his appointment, et cetera.
THE PRESIDENT: You mean that is a mistake?
COL. STOREY: No, Sir; it is not a mistake.
THE PRESIDENT: Well, then, he didn't resign?
COL. STOREY: He did resign; but Your Honor asked if his name was shown up here and I said that in the separate list showing the list of all members of the Reichsregierung, from 1933 to 1945, the Baron's name was included and the proper reference is made in this separate list for Your Honors' guidance. I have here a copy of an unpublished decree signed by Hitler, dated 27 July 1934. It is Document D-138, Exhibit USA-403; and it is in the section of "Laws and Decrees," if Your Honor pleases, and I offer it in evidence. This is a decree of Adolf Hitler: "I decree that the Fuehrer's Deputy, Reich Minister Hess, will have the capacity of a participating Reich Minister in connection with the preparation of drafts for laws in all Reich administrative spheres. All legislative work is to be sent to him when it is received by the other Reich Ministers concerned. This also applies in cases where no one else participates except the Reich Minister making the draft. Reich Minister Hess will be given the opportunity to comment on drafts suggested by experts. This order will apply in the same sense to legislative ordinances. The Fuehrer's Deputy in his capacity of Reich Minister can send, as representative, an expert on his staff. These experts are entitled to make statements to the Reich Ministers on his behalf." signed by Hitler. The Defendant Hess himself has some pertinent comment to make regarding his right of participation on behalf of the Party. And I now offer in evidence Document D-139, Exhibit USA-404. This is an original letter signed by Rudolf Hess and is dated the 9th of October 1934, on the stationery of the National Socialist Party; and it is addressed to the Reich Minister for Enlightenment of the People and Propaganda. I now quote the entire document: "By a decree of the Fuehrer dated 27 July 1934, I have been granted the right to participate in the legislation of the Reich as regards both formal laws and legal ordinances.
COL. STOREY: This right must not be rendered illusory by the fact that I am sent the drafts of laws and decrees so late and am then given a time limit with the result that it is impossible for me to deal with the material concerned within the appointed time. I must point out that my participation means taking into account the opinion of the National Socialist Party as such and that, in the case of the majority of drafts of laws and decrees, I consult with the appropriate departments of the Party before making my comment. Only by proceeding in this manner can I do justice to the wish of the Fuehrer as expressed in the decree of the Fuehrer of 27 July 1934. I must therefore ask the Reich Ministers to arrange that drafts of laws and decrees reach me in sufficient time. Failing this, I should be obliged in the future to withhold my agreement to such drafts, from the beginning and without giving the matter detailed attention, in all cases where I am not given a sufficiently long period for dealing with them. Heil."-Signed Rudolf Hess. A handwritten note appears attached to the letter. It reads, and I quote from Page 2 of the translation: 18 Dec. 45 "Berlin, 17 October 1934. "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 seem called for. "2. File. By order"-signed-"R." The participating powers of Hess were later broadened. I now refer to Document D-140, Exhibit USA-405; and it is a letter dated the 12th of April 1938 from Dr. Lammers to the Reich Ministers. I offer it in evidence and quote from the English translation, Paragraph 3: "Under the provisions of Paragraph 3 of the first decree concerning reconstruction of the Reich, of February 2d, 1934 ( Reichsgesetzblatt I, Page 81), the Fuehrer's Deputy will also participate in the approval by Reich Ministers of laws and legislative ordinances of Lander.
COL. STOREY: Where the Reich Ministers have already at an earlier date been engaged in the preparation of such laws or legislative ordinances or have participated in such preparation, the Fuehrer's Deputy likewise becomes participating Reich Minister. Laws and legislative Decrees of the Austrian State are equally affected hereby."- 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 have 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 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 what other ministers thought?
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 the question of criminality of the Reich Cabinet.
COL. STOREY: May I assume, Your Honors, that we need to 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 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 in citing 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 10 minutes. [A recess was taken.]
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. The Party, as Your Honors will recall, had 25 fundamental points 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 Treaties of Versailles and St. Germain to the obtaining of greater living space, and so forth. Now, we propose to cite to Your Honors various decrees and laws passed by this Cabinet carrying into effect what we contend were the criminal purposes of the Party, and to show that 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, by simply listing 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. For example, in implementation of this point the Nazi Cabinet enacted, among others, the following laws: . The law of February 3, 1938, concerning the obligation of German citizens in foreign countries to register. That is cited in the Reichspesetzblatt. ' 18 Dec.45 The law of the 13th of March 1938, relating to the reunion of Austria with Germany.
THE PRESIDENT: These were all passed by the Reich Cabinet, were they?
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; that is the 1938 Reichsgesetzblatt Part I, Page 237. The law of November 21, 1938, for the reintegration of the German Sudetenland with Germany, 1938 Reichsgesetzblatt , Part I, Page 1641. The incorporation of Memelland into Germany, March 23, 1939, Part I, Page 559, of the 1939 Reichsgesetzblatt . With reference to Point 2...
THE PRESIDENT: Would you give me the place where the 25 points are set out? Have you got a reference to that?
COL. STOREY: Yes, Sir; it appears in Document 1708-PS, in Document Book A.
THE PRESIDENT: Thank you.
COL. STOREY: And I believe we referred to it yesterday.
THE PRESIDENT: That is sufficient.