862.4016/1397

The Consul at Stuttgart ( Moffitt ) to the Secretary of State

No. 1576

Sir: I have the honor to inform the Department that on February 6, 1934, the Baden Administrative Court of Justice decided a case which is described in the Frankfurter Zeitimg of May 23, 1934, as a decision worthy of notice.

As recently published in a Baden legal journal, a Mannheim police official had refused a license to an innkeeper on the ground that as a [Page 295] Jew he did not appear suited to run an inn or restaurant. The Court decision overruled this decision of the Mannheim police official. In the opinion of the Court, worthy Jews must enjoy full protection of the law and the fact that the person concerned is a Jew is not sufficient to render him incapable of operating an inn. It was the task of the police, however, to see that the inn was not used for assemblies by persons inimical to the State.

The article is enclosed herewith together with translation,95 as it presents one instance in which a person of Jewish faith has been given full protection under German law.

Respectfully yours,

James P. Moffitt
  1. Not printed.