18 Dec. 45

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 Führer'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 Führer'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 Führer dated 27 July 1934, 1 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 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 Führer as expressed in the decree of the Führer of 27 July 1934. 1 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: