Office of the Historian

862.00/12–2046: Telegram

The Secretary of State to the United States Political Adviser for Germany (Murphy)

secret
Washington, December 31, 1946—7 p.m.

3075. Urtel 2959, Dec. 20. Dept supports position US Kommandatura representative re question Kommandatura approval duly elected member Magistrat. We believe US position is clearly supported by Berlin constitution which defines instances which require approval Kommandatura for actions under constitution. Article 36 provides that only resignation of members of Magistrat require approval Kommandatura. The special provision in Article 36 referring to appointment and discharge of leading officials cannot be construed to apply to Magistrat because members of Magistrat are not appointed but elected, nor discharged but resign or are forced to resign. According to Articles 3 and 9 members of Magistrat if elected take office after being sworn in and old members have to quit office as soon as newly elected member has been obligated. This distinction between elected and appointed leading officials is sound and rests squarely on democratic process which we wish to foster. Of course if all four national elements in Kommandatura agree to disapprove a duly elected member of Magistrat, such action would override normal process of city government as established in Berlin constitution.

Dept has no adverse information re Delius. Any question of Delius political fitness on account charges of harboring Nazis should be settled, it is believed, before German denazification tribunal according to agreed Allied policy.

Although personal case of Delius not considered particularly important, it would be desirable in our opinion to maintain general principle that freely elected democratic German assembly be permitted function in Berlin without requiring Kommandatura approval of every act. Such a requirement would also be incompatible with Allied aim agreed at Potsdam of restoring local self-government.16

Byrnes
  1. See section II, paragraph 9(i) of the Potsdam Protocol, Foreign Relations, The Conference of Berlin (The Potsdam Conference), 1945, vol. ii, p. 1482.↩