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 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 Führer's Deputy will also participate in the approval by Reich Ministers of laws and legislative ordinances of Länder 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 Führer'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.