Foreign Relations of the United States: Diplomatic Papers, 1945, European Advisory Commission, Austria, Germany, Volume III

863.00/10–1145: Telegram

The Secretary of State to the United States Political Adviser for Austrian Affairs (Erhardt)³⁸

Washington, October 11, 1945—3 p.m.

178. After examination of changes in Renner Cabinet made by Laender conference, and resolution of Allied Council Oct 1 (PV 7841), Dept considers that reorganization and modifications have met objections raised in previous instructions and constitute the maximum which can be achieved under existing international circumstances. Although reconstitution does not follow exactly recommendations previously transmitted by Dept, changes in organization of Renner Cabinet will be accepted in view of the following considerations:

1. Laender conference is in accord with Austrian constitutional procedure and gives Renner Cabinet legal basis which it did not possess prior to conference and action of council on Oct 1.

2. Reconstitution of Cabinet to include provincial representatives has met basic criticism that Cabinet was predominantly Viennese. Dept considers that in its present organization, Cabinet is the most representative Govt obtainable in Austria until national elections are held.

3. Creation of a commission headed by Under Secretary of Ministry of Interior and advisory councils in provincial security offices to supervise all questions of public safety has met objections concerning Communist control of police functions. Dept is willing to accept this compromise in view of fact that transfer of control of police to military government would involve major administrative difficulties, and at same time removal of Communist Minister would be politically inexpedient. With reference to elections, Dept considers that early elections based on procedure in Austrian law under supervision of new Commission in Ministry of Interior would offset tendency to influence elections.

Although there is objection to system of Under Secretaries in various ministries as unprecedented in Austrian administrative procedure as well as giving Communists veto power in all ministries, Dept is willing to accept Gen Clark’s judgment (PV 7803 Sep 29) that device has worked well in providing inter-party check on administrative action.

In view of these considerations and the urgent need to establish a central Austrian administrative machine to function in Austria as a whole, Dept recommends that the Renner Cabinet as reconstituted by the Laender conference be recognized as a provisional régime to operate within limits contained in Council resolution of Oct 1. Dept further recommends that following steps be taken immediately following a four power decision on recognition:

1. Creation of a central Austrian administrative machine and extension of its authority throughout Austria as a whole by integration of existing provincial administration in various zones of occupation with national ministries in provisional régime.

2. Establishment of freedom of movement on an interzonal basis for Austrian Govt personnel, business men and essential workers; interzonal freedom of transportation and interzonal freedom of communication in mail, telephone and telegraph services as soon as possible in accordance with resolutions of Allied Council Sep 20.³⁹

3. Holding of national elections no later than Dec 1945 to establish Govt freely chosen by Austrian people themselves to replace the provisional régime. Dept does not consider that elections this year will affect supreme authority of four commanders during coming winter since authority now vested in Allied Council can be modified only by action of Govts of the four occupying powers. Dept recommends that in elections general supervision should be exercised by Allied authorities in order to insure that procedures utilized are in accordance with Austrian constitution, particularly Article 95 and Article 119⁴⁰ of Constitution as amended in 1929, and that full and unprejudiced use is made in all zones of local election laws (Landtagswahlordnung⁴¹ and Gemeindewahlordnung)⁴² promulgated before 1930. Allied supervision is also necessary to give widest interpretation consistent with military security to proclamation of Council Sep 11 on activities of political parties,⁴³ to fulfill provisions in US directive on freedom of speech, press, and assembly, and to prevent interference with activities of single political parties.

Dept agrees with Brit view that preliminary agreement on status and functions of provisional régime is desirable to facilitate discussions in Allied Council, but considers that points raised in PV 7824 Sep 30 can be disposed of as they arise in the Council meetings rather than making them the condition of recognition. Dept does not believe that agreement can be reached on all questions raised by the Brit prior to a four power decision on status of the Renner Cabinet and that proclamation of Allied Council’s supreme authority in Austria will automatically assure Allied supervision and control of the state functions, including police, which Brit desire to reserve specifically to Council.⁴⁴

Byrnes

38. A memorandum of October 14, prepared in the office of the United States Political Adviser for Austrian affairs regarding this telegram, contains the following comments:

    “The Department of State’s views regarding the Provisional Austrian Government have now been received in telegram 178 of October 11, 1945.

    “These views are stated in the form of ‘recommendations’ because ‘instructions’ come to the Commanding General, not from the State Department but only from the Joint Chiefs of Staff through the War Department.

    “Normally the spokesman abroad for the United States Government as a whole is the diplomatic representative acting on instructions received from the Department of State, after the latter has obtained the views and recommendations of any other interested agencies of our Government. At present in Austria the spokesman of ‘the United States Government’ as a whole is the Commanding General, who receives instructions through the War Department from the Joint Chiefs of Staff after they have considered the views and recommendations of any other interested agencies of our Government. Although the views of our Government as a whole on foreign political questions are based primarily on views of the Department of State, the latter are expressed not in the form of instructions to the United States representative in Austria (the Commanding General) but in the form of recommendations or advice conveyed through the Political Adviser to the Commanding General or to the Joint Chiefs of Staff who alone can issue ‘instructions’ to the United States representative in Austria.

    “The State Department’s telegram 178 thus contains the formal, final views of that Department even though it is in the form of ‘recommendations’ which the Political Adviser can convey to the Commanding General, and which have no doubt been simultaneously conveyed by the State Department to the War Department for the Joint Chiefs of Staff for consideration in connection with any ‘instructions’ which the latter may wish to issue. The recommendations contained in it can be carried out without further reference to Washington as far as State is concerned. The Commanding General is therefore free in his discretion to proceed to carry them out unless in his judgment he would prefer first to have formal instructions from JCS or thinks that JCS views might be contrary to those of State.” (Vienna Legation Files, 1945, Part 24, 801)

39. Printed in the Gazette of the Allied Commission for Austria, No. 1, December 1945–January 1946, pp. 27–28.
40. These articles set forth the general provisions regulating elections to the Provincial Diets and Municipal Councils. The Austrian constitution as amended on December 7, 1929, is printed in Bundesgesetzblatt für die Republic Österreich, January 2, 1930, pp. 1–27.
41. Election ordinances for the Provincial Diets.
42. Municipal election ordinances.
43. Printed in Gazette of the Allied Commission for Austria, No. 1, December 1945–January 1946, pp. 26–27.
44. The British, French, and Soviet Governments were informed of the United States Government’s approval of the Allied Council recommendations, and the Department made its approval public in a press release on October 16. See Department of State Bulletin, October 21, 1945, p. 612.