Then by Paragraph or Section 5 of the law it is provided that the Reich Commissioner may promulgate laws by decree, such orders to be published in the Verordnungsblatt for the occupied territory of the Netherlands, a publication which I shall hereafter refer to merely as the Verordnungsblatt.
On the 29th of May 1940, acting within these powers, the defendant promulgated an order covering the exercise of governmental authority in the Netherlands and this appears as Document 3588-PS in the document book. I ask the Tribunal to take judicial notice of its contents.
That will contain two decrees. I am now referring to the first one.
By Section 1 of this decree the defendant modestly purports to assume, to the extent required for the fulfillment of his duties, “all powers, privileges, and rights heretofore vested in the King and the Government, in accordance with the constitution and the laws of the Netherlands.” That is a direct quotation.
And then Section 5 of the order entrusts the maintenance of public peace, safety, and order to the Netherlands Police force unless the Reich Commissioner calls on German SS or Police forces for the enforcement of his orders. It further provides that the investigation and combatting of all activities hostile to the Reich and Germanism shall be the concern of the German Police force.
On June 3, 1940, a further decree was promulgated concerning the organization and establishment of the Office of the Reich Commissioner. This decree is found in the Verordnungsblatt for 1940, Issue 1, at Page 11, and is the second decree under Document 3588-PS. This decree provided for general commissioners on the staff of the Reich Commissioner to head four enumerated sections, one of which, the Superior SS and Police Chief, was to head the section for public safety. It was provided by Section 5 of this decree that:
“This official should command the units of the military SS and German Police forces transferred to the occupied Netherlands territories, supervise the Netherlands central and municipal police forces and issue to them necessary orders.”
Section 11 provided that the Reich Commissioner alone. . .
THE PRESIDENT: Lieutenant Atherton, don’t you think that we can assume that the Defendant Seyss-Inquart, who had been appointed to administer the occupied territory of the Netherlands, had all these powers and that you can turn your attention to what he did under those powers?
LT. ATHERTON: Yes, Sir; I will do that but I wanted to make plain to the Tribunal, because of the peculiar set-up of this German Police force, the fact that he was granted the power to give orders to them, and not only that, but that he customarily did. If that point is made clear, as I believe it is, in these two decrees, I will pass on to the next matter.