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“8. The Reich Minister for Food and Agriculture.
(a) He is in charge of all farmers and of the agriculture, as
well as the food administration.
(6) Under him are the State Food Offices (Landesernaech-
rungsamt) the State Administration of Large Estates (Do-
maenen verwaltung) the Administration of Rural Affairs
and the Agricultural Credit Offices. Furthermore, he exer-
cises state supervision over the Reich Food Supply of which
he is the leader."

"14. Reich Minister for Armament and War Production. He has to bring to a level of highest production all offices active in producing arms and munitions. Furthermore, he is responsible for the field of raw materials and production in industry and manual labor. "15. The Reich Minister for the Occupied Eastern Territories. (a) He administers the recently occupied (i.e. former SovietRussian) Eastern territories, insofar as they are under civil administration and not subordinated to the Chief of Civil Administration for the district of Bialystok (cf. page 70) or insofar as they are incorporated in the General Gouvernment (cf. page 100). (6) Under him are the Reich Commissars, the General Commissars, Head Commissars, and District Commissars, in the

recently occupied Eastern territories." (2959-PS) Other important powers and functions contained in the ordinary cabinet were not included in the foregoing list. ample, upon the creation of the People's Court on 24 April 1934, it was placed within the jurisdiction of the Ministry of Justice (2014-PS). With the acquisition and occupation of new territories, the integration and coordination thereof were placed within the Ministry of the Interior. The Reich Minister of the Interior, Frick, (in some cases in cooperation with other Reich Ministers) was, by law, given regulatory powers over such territories. The territory and the applicable law may be listed as follows:

(1) The Saar (1935, Reichsgesetzblatt, Part I, page 66).
(2) Austria (1938, Reichsgesetzblatt, Part I, page 237).
(3) Memel (1939, Reichsgesetzblatt, Part I, page 54).
(4) Bohemia and Moravia (1939, Reichsgesetzblatt, Part I,

page 485).
(5) Sudetenland (1939, Reichsgesetzblatt, Part I, page 780).
(6) Danzig (1939, Reichsgesetzblatt, Part I, page 1547).

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(7) Incorporated Poland (1939, Reichsgesetzblatt, Part I,

page 2042). (8) Occupied Poland (1939, Reichsgesetzblatt, Part I, page

2077). (9) Eupen, Malmedy and Moresnet (1940, Reichsgesetzblatt,

Part I, page 803). (10) Norway (1941, Reichsgesetzblatt, Part I, page 765). Such were the powers and functions of the ordinary cabinet.

(2) The Secret Cabinet Council. Of the other two subdivisions of the Reichsregierungthe Secret Cabinet Council and the Ministerial Council--the Secret Cabinet Council had no legislative or administrative powers. It was created by Hitler on 4 February 1938

"To advise me in conducting the foreign policy

(2031-PS) Its position in the Nazi regime is described by Ernst Rudolf Huber, a leading Nazi Constitutional Lawyer, in his book entitled “Verfassungsrecht des Grossdeutschen Reiches" ("Constitutional Law of the Greater German Reich”). In this book, which was an authoritative, widely used work on Nazi Constitutional Law, Huber States (1774-PS):

"A privy cabinet council, to advise the Fuehrer in the basic problems of foreign policy, has been created by the decree of 4 February 1938 (RGBI. I, 112). . This privy cabinet council is under the direction of Reich Minister v. Neurath, and includes the Foreign Minister, the Air Minister, the Deputy Commander for the Fuehrer, the Propaganda Minister, the Chief of the Reich Chancellery, the Commanders-in-Chief of the Supreme Command of the Armed Forces. The privy cabinet council constitutes a select staff of collaborators of the Fuehrer which consists exclusively of members of the Government of the Reich; thus, it represents a select committee of the Reich Government for the deliberation on foreign affairs." (1774-PS)

(3) The Council of Ministers for the Defense of the Reich. The powers concentrated in the Ministerial Council, which did possess legislative and administrative functions, at its creation in 1939, are best expressed by the lecture which Frick gave before the University of Freiburg on 7 March 1940. The lecture, published in a pamphlet entitled “The Administration in Wartime," contains these statements (2608-PS):

The composition of the Ministerial Council for

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the defense of the Reich shows the real concentration of power in it. General Field Marshal Goering is the chairman and also the Supreme Director of the War Economy and Commissioner for the Four Year Plan. He is joined by the Plenipotentiary General for the Reich Administration, who directs the entire civilian administration with the exception of the economic administration, and the Plenipotentiary General for Economy. The Chief of the High Command of the Armed Forces is the liaison man to the Armed Forces. It is primarily his duty to coordinate the measures for civilian defense in the area of administration and economy with the genuine military measures for the defense of the Reich. The Deputy of the Fuehrer represents the Party, thus guaranteeing the unity between Party and State also within the Ministerial Council for the Defense of the Reich. The Reich Minister and Chief of the Reich Chancellery is in charge of the business management of the Ministerial Council for the Defense of the Reich."

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"The Ministerial Council for the Defense of the Reich, the highest legislative and executive organ in wartime next to the Fuehrer, created a subordinate organ for the purpose of the defense of the Reich: The Commissioners for the Reich Defense, who have their headquarters at the seat of the

individual corps area.(2608-PS) With such power concentrated in the Reichsregierung and to such a high degree, the Nazi conspirators possessed a formidable weapon to effectuate their plans.

D. Acts and Decrees of the Reichsregierung.

Under the Nazi regime the Reichsregierung became the instrument of the Nazi party.

(1) Execution of the Nazi Party Program. In the original Cabinet of 30 January 1933 only three cabinet members were members of the Party—Goering, Frick, and Hitler.

As new Ministries were added to the Cabinet, prominent Nazis were placed at their head. On 30 January, 1937, Hitler accepted into the Party those Cabinet members who were not already members. This action is reported in the Voelkischer Beobachter, South German Edition, of 1 February 1937 (2964-PS):

"In view of the anticipated lifting of the ban for party membership, the Fuehrer, as the first step in this regard, personally carried out the enlistment into the party of the

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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 Generaloberst
Freiherr von Fritsch; Generaladmiral Dr. H. C. Raeder: the
Prussian Minister of Finance, Professor Popitz; and the
Secretary of State and Chief of the Presidential Chancel-
lery, Dr. Meissner.
"The Fuehrer also honored with the gold party badge the
party members State Secretary Dr. Lammers, State Secre-
tary Funk, State Secretary Koerner and State Secretary

General of the Airforce Milch.” (2964-PS) It was possible to refuse the party membership thus conferred. Only one man, von Eltz-Rubenach, who was the Minister of Post and Minister of Transport at the time, did this. His letter from von Eltz-Rubenach to Hitler, dated 30 January 1937, reads as follows (1534-PS):

"My Fuehrer:
"I thank you for the confidence you have placed in me dur-
ing the four years of your leadership and for the honor you
do me in offering to admit me to 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 Lord and to myself. Party membership however would
mean that I should have to face without contradiction the
steadily aggravating attacks by party offices on the Chris-
tian confessions and those who want 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,

“(signed) Baron v. Eltz” (1534-PS). But the Nazis did not 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 (1395-PS). In Article 2 of that law the Deputy of the Fuehrer, Hess, and the Chief of Staff of the SA, Roehm, were made members of the, Cabinet (1395-PS). Lest mere membership in the Cabinet would not be effective, Hitler endowed his deputy with greater powers of participation. An

unpublished decree signed by Hitler, dated 27 July 1934, and addressed to the Reich Ministers, provides (D-138):

"I decree that the Deputy of the Fuehrer, 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 Minister
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 com-
ment on drafts suggested by experts.
“This order will apply in the same sense to legislative
ordinances. The Deputy of the Fuehrer 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] Adolph Hitler" (D-138). Hess himself made pertinent comment on his right of participation on behalf of the party, in a letter dated 9 October 1934, on the stationery of the NSDAP, addressed to the Reich Minister for Enlightenment of the People and Propaganda (D-139):

"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. 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 limited
time, so that it becomes impossible for me to deal with the
material concerned during the given time. I must point out
that my participation means the taking into account of the
opinion of the NSDAP as such, and that in the case of the
majority of drafts of laws and decrees, consult with the ap-
propriate departments of the Party before making my com-
ment. 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. Fail-
ing this, I would be obliged in future to refuse 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] R. Hess.” (D139).

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