862.00/10–1448: Telegram
The United States Political Adviser for Germany (Murphy) to the Secretary of State
urgent
2507. Still unclear today what end results of Magistrate move yesterday to British Sector will be (mytel 2498 October 13 repeated London 725, Paris 772, Moscow 6291).
Yesterday’s events were as follows: Magistrat met in ordinary session at 2 p. m. Waldemar Schmidt (SED) recently dismissed head of Magistrate Labor Department who was still technically on leave, entered meeting hall shortly after meeting opened. Friedensburg, who as acting mayor presides over Magistrat, demanded that Schmidt leave on grounds he had been dismissed by City Assembly and, therefore, no longer held office. Schmidt refused, saying he did not recognize dismissal and had no intention of giving up post. Second Deputy Burgomaster Acker (SED) spoke in Schmidt’s behalf, saying dismissal without legal basis and asking that Schmidt be allowed to make statement. Friedensburg again demanded Schmidt leave, however, and when he refused, Friedensburg declared that he could not exercise his authority in City Hall. Meeting was postponed until 3 p. m. when it would reassemble in Landesgesundheitsamt in British Sector. SED members (Acker and City Councillors Luebbe and Schmidt) followed precedent set by SED members of City Assembly when latter moved out of City Hall and did not attend meeting in British Sector.
Reassembled Magistrat continued with business on agenda. It took note of City Assembly’s dismissal of Schmidt and appointed City Councillor Frau Ehlert (CDU) as provisional head of Labor Department until City Assembly elects successor to Schmidt which Magistrat requested Assembly to do as soon as possible. (Frau Ehlert, reportedly a mild, elderly woman was compromise choice after first proposal that SPD member be appointed was rejected by private agreement as being too provocative.)
At 5 p. m. SED held press conference in City Hall presided over by Karl Maron with Schmidt and Luebbe also present. Various lines followed by all three were (a) Schmidt’s dismissal was unconstitutional and hence invalid since decision was taken by meeting in Taberna Academica attended by only three of Assembly factions; (b) his dismissal land expulsion from Magistrat meeting had been mere pretext for carrying out long-prepared plan to move Magistrat to Western Sectors and thus split Berlin; (c) many attending press conference no doubt expected announcement that East Sector Magistrat [Page 1222] would now be established, but no such announcement would be made—it was not SED which wanted to split city and SED would combat every tendency to split. Schmidt, who appeared flushed and highly nervous throughout meeting, stated that although he was on leave, he would return to his Magistrat office in City Hall today.
Last night Magistrat’s Press Department announced that Magistrat’s move to British Sector was only “provisional measure” until Schmidt affair was clarified. Friedensburg said it would resume meetings in City Hall as soon as his authority could be exercised there. Meanwhile, he said that Magistrat’s continued administration of all Berlin “does not in any way whatsoever come into question.” Ernst Reuter (SPD) declared that Schmidt’s refusal to relinquish his post left Magistrat no alternative but to move from Soviet Sector where it was unable to carry out Assembly’s decisions. He reiterated that move was only “temporary arrangement” as had been City Assembly’s move several months ago, but remarked it had been demonstrated that such arrangements, under present political conditions, tend to have lasting character. As result of Schmidt’s attitude, Reuter continued, a new Labor Department must be quickly organized as had been done with Food Department (mytel 1913, August 11, repeated London 455, Paris 461, Moscow 3762). Through Communists, and occupying power which stands behind them, concluded Reuter, Magistrat is being forced step by step to move all its offices into Western Sectors.
SPD is said to want Magistrat to remain in Western Sectors. As previously reported, SPD leaders—above all Suhr and Reuter—considered move desirable and Schmidt case suitable pretext. Friedensburg (CDU), on other hand, was reluctant to see Schmidt affair prosecuted and thought in any case Magistrat should continue to [meet at?] City Hall as long as physically possible. SPD–CDU dissension on this and other points (mytel 2450 October 6 repeated London 697, Park 738, Moscow 6052) seems despite maintenance of some superficial agreement to be developing into all-out contest for political power, primarily between Suhr and Reuter on one hand and Friedensburg on other. Whether or not Magistrat remains in Western Sectors will probably constitute one round in this contest as Friedensburg apparently still hopes it will return to City Hall.
Meanwhile Soviet SED line seems to be one of watchful waiting. Soviet licensed press today is milder than was to be expected and does not even give story of move usual inflammatory treatment. Tagliche Rundschau does headline it under “Magistrat split … Reuter fulfills American instructions”, but Neues Deutschland gives it only tertiary place on front page. Some observers are of opinion Soviets are uneasy over outcome. Also according to reports SED was [Page 1223] split over whether Schmidt should attempt to attend yesterday’s meeting of Magistrat, the radical wing being for it, the moderates against. Soviets allegedly blamed radical elements for tense situation and tended to support moderates. Just before meeting it was reported Schmidt had been ordered not to attend meeting but at last moment radicals won out and Schmidt went to meeting twenty minutes late. It is known that between meeting and SED press conference Schmidt and possibly Maron went to Soviet Central Kommandatura with Soviet Liaison officer which may account for Schmidt’s nervousness at press conference and for fact, observed by member my staff, that conference was milder in tone than last one held by Schmidt September 29. (Mytel 2424 September 30, repeated London 680, Paris 705, Moscow 5893).
Sent Department 2507; repeated London 728, Paris 778.
Department pass Moscow as Berlin’s 633.