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

740.00119 Control (Germany)/12–645

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

No. 1475

Berlin, 6 December 1945.
[Received December 19.]

Sir: I have the honor to enclose an interesting instruction on the above subject^78a which has been issued by the Office of the Military Government (U.S. Zone) at Frankfurt to its subordinate offices in the U.S. Zone.⁷⁹ In this connection, reference is made to my despatch No. 1184, of October 26, 1845.^79a

This paper explains the basis of the relationship which will henceforth exist between U.S. Military Government and the German authorities. It mentions that each of the German State (Land) Governments will exercise all powers and responsibilities formerly exercised by the State and in addition, within the State, the powers formerly exercised by the Reich Government. The Minister President and the Ministers of each State will have the right to appoint all officials within the State subject to prior approval from Military Government as to political reliability. This power will not, however, interfere with the competence of such representative bodies as may be later chosen by elective process. Subject to the authority of Military Government, each state is given full legislative, judicial and executive powers, except as the exercise thereof conflicts with actions taken by the Control Council or any central German authority established by the latter. Legislation issued by the German authorities should, however, contain nothing which would indicate, or be construed to indicate, that it had the approval of the Military Government.

Provision is made for the creation of a U.S. Regional Government Coordinating Office corresponding to the Joint Coordinating Staff of the three Minister Presidents at Stuttgart. The instruction mentions that a constant effort must be made to improve the transportation, communication and office facilities available to the German State officials. Special passes are to be given to the Ministers and other German key officials to permit their free and unrestricted passage throughout the U.S. Zone. It is stated that they must be afforded sufficient dignitary [dignity?] of office to impress their responsibility on the German people.

Respectfully yours,

For the Ambassador:

Loyd V. Steere

1. i.e., action to strengthen German Civil Administration in the U.S. Zone.
79. This document, dated 21 November 1945, was entitled: “Action to Strengthen German Civil Administration in the U.S. Zone”; text is printed in Pollock and Meisel, Germany Under Occupation, p. 171, although the date is there given as “October 1945”.
80. Not printed.