663.001/3–250: Telegram
The United States High Commissioner for Austria (Keyes) to the Department of the Army
top secret
Vienna, March 2,
1950.
P–4646. For JCS and State from PACG signed Keyes. Reference P–4631, memorandum 16 February of comments on Legtel 252 to State (copy in P and O), and P–4642.1
Part A.
- 1.
- The proposals made by the Chancellor are procedures appropriate to normal conditions obtaining when the peace treaty has been signed and the occupation terminated. They must be viewed in the light of the [Page 383] basic truth that there is no treaty and occupation forces are present in Austria.
- 2.
- Of the 18 specific matters mentioned in the Chancellor’s letter only 10 apply to the United States element and of those 10, 5 are now at the irreducible minimum and 5 must be rejected. While all 18 apply to the Soviet element, it is noted that Austrian Government is not submitting its request directly to the Soviet element nor indirectly by addressing their letter to the Allied Council. While not so stated in the letter, the Austrian Government is afraid that if their appeal becomes known, it will be used both by the Austrian opposition parties and the Soviets as evidence that the Austrian Government is no longer desirous of treaty.
Part B.
The following are my comments on the items listed in the Chancellor’s letter with numerals corresponding to those in the basic letter:
- 1.
- Does not apply to the United States.
- 2.
- For the reasons concerning morale, discipline, public opinion at home, etc., upon which in 1946 the decision to permit families to come to Germany and Austria and which still obtain, cannot agree with the recommendation that all dependents of the occupation personnel be removed from Austria. Arrangements have, however, been made to construct housing for both officer and enlisted families. Recommendation has also been made that Congress authorize the use of certain schilling accounts, property of the United States for the repair and/or construction of housing to replace units of housing now occupied by military personnel.
- 3.
- Military jurisdiction has already been greatly reduced, as has the authority of military personnel over non-American personnel.
- 4.
- This recommendation is not feasible. To surrender this right would prevent the arrest of such groups as were recently arrested in the kidnapping cases.
- 5.
- This recommendation has been in effect for over a year.
- 6.
- This recommendation also has been in effect for approximately one year.
- 7.
- This recommendation has never applied to the United States element and even directives relating to demilitarization have not been published for approximately two years.
- 8.
- The United States has never interfered in the execution of Austrian laws and decrees, and this recommendation does not apply to the United States element.
- 9.
- Since the High Commissioner is responsible for United States objectives in Austria and has primary interest, I cannot concur in this recommendation and feel it essential to receive information direct from the Austrian Government without having to obtain it through the office of my political advisor.
- 10.
- I have urged the accomplishment of this recommendation for well over a year and even offered equipment with which to accomplish it.
- 11.
- The occupation forces of the Western Powers have been progressively reduced to minimum until such time as the Austrian security forces are in position to take over the security of the state.
- 12.
- This recommendation does not apply to the Western elements of the occupation forces. The control agreement cannot be applied to nations outside of Austria. Action on this recommendation can only be accomplished through diplomatic representation.
Under the additional list of lesser items suggested by the Chancellor, I have the following comments:
- (1)
- I cannot agree to the abolition of authority for the occupation personnel to hunt and fish. We do require our personnel to have hunting and fishing licenses, and the use of such licenses are under supervised control. The money derived from the purchase of these licenses is turned over to the land government, and should provide compensation for hunting and fishing enjoyed by the American personnel. It is an important factor in the morale and discipline the command.
- (2)
- The United States element does not interfere with the Austrian legal procedures, and this recommendation does not apply to the United States element.
- (3)
- I cannot agree to vest the pardoning power in the Austrian Federal President for those cases tried and convicted by civil affairs courts. These cases are reviewed and considered for mercy or pardon in the normal channel of command under the High Commissioner.
- (4)
- So long as the occupation continues, we must insist upon the prerogative of continuing the postal installations for our occupation troops, and to retain such mail outside quadripartite censorship. The use of telegraph and telephone lines are paid for in dollars per the normal rentals.
- (5)
- Does not apply to the United States element as no demands for construction are made on the Austrian post.
- (6)
- Pre-censorings of school books is in effect now only because the Austrian Government submits these books for censorship. No Allied Council decision requires this.
- (7)
- Only applies to quadripartite action based on Allied Council decisions of 1945. Many efforts have been made to eliminate this but have been unable to obtain agreement in the Allied Council.
- (8)
- Does not apply to the United States element, as no interference is made in the Austrian Road Administration’s decisions and work.
- (9)
- This recommendation is already in effect to the maximum extent practicable. Representatives of the Austrian Government have been accompanying United States representatives in the selection of sites, types of construction, etc., in the planned construction program.
Cable shown to Legation who did not desire it held for their comments.
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