THE PRESIDENT: Mr. Justice Jackson, doesn’t the whole point turn upon the date at which those documents were submitted to the translation department? Because what Dr. Thoma says is that in consequence of the translation department’s being ready to accept documents, he handed them in before they were actually denied by the Tribunal. And if that is so, it would be obvious, would it not...
MR. JUSTICE JACKSON: My Lord, I do not know what he said. I did not understand that they were handed in before 8 March 1946. But in any event, even if they were translated, the order to us to print is dated 8 April 1946 and was delivered with them on 8 April. Now certainly there was time after the denial to have stopped our spending of money and effort printing things that had been prohibited, and which were prohibited twice.
I will not characterize it; the facts speak for themselves.
THE PRESIDENT: Dr. Thoma, can you help us about the dates at all? Can you help us as to this? Mr. Justice Jackson has stated that after these three documents had been refused in the first instance, you then renewed your request for them on 10 March 1946 and that on 23 March 1946 they were finally denied.
Well now, when did you send the documents to the translation room?
DR. THOMA: The documents, I believe, were given to the Translation Division before 8 March. There was a session regarding the admissibility of documents; and it was about that time, before a decision had been made, that the Translation Division had been in touch with my secretary and asked her to hand in the document book, since they had heard that it was ready.
I then endeavored in this courtroom to have the philosophy admitted and had the impression that the Tribunal would not want to agree to these documents. Thereupon I once more submitted a written application to the Tribunal in order to have these documents admitted. When I was then informed that the anti-Semitic books would not be permitted—and that was a few days after the date of this decision—I informed the Tribunal that I wanted to draw their attention to the fact that books which had not been approved were being translated.
THE PRESIDENT: Dr. Thoma, quite naturally, you are not able to give us the exact dates at this moment, but we will look into this matter fully.
DR. THOMA: I should like once more to draw your attention to the fact that I myself pointed out that there are excerpts in the document book which had been refused. I beg you to draw from that the conclusion that I was not trying to do anything which was not permissible.
THE PRESIDENT: I think, if the document had been denied, the proper course would have been to withdraw the documents from, or to communicate with the Translation Division notifying them that they should be withdrawn.