Foreign Relations of the United States, 1946, The British Commonwealth, Western and Central Europe, Volume V

862.00/12–2046: Telegram

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

secret

Berlin, December 20, 1946—11 p.m.
[Received December 20—9:28 p.m.]

2959. Mytel 2865 December 10.¹⁴ In discussion of Delius case yesterday head-on-collision developed in Kommandatura between US and Soviet positions regarding question Kommandatura approval Magistrat members. Soviets maintained Delius unfit as he had harbored Nazis in Saxon postal administration and had opposed Soviet orders. French concurred and British stated they were willing to “sacrifice one German in the interest of Allied unity”. US member asserted there was nothing against Delius except his advanced age but that several world leaders of today are over 70 and that question was one of principle since US information showed him to be clear and a most competent postal official. US member developed the standpoint that elected Magistrat members automatically take and hold office until removed by Kommandatura by unanimous agreement. He pointed out otherwise one commander had power to set aside every Magistrat member and every decision of city assembly without being called to give reason. In his view acceptance requirement of unanimous approval might unduly influence elections to Magistrat since a candidate could be eliminated by rumors that he was persona non grata to one of occupying powers. Soviets held to their interpretation that article 36 Berlin constitution¹⁵ envisages unanimous Kommandatura approval of Magistrat and acts of city assembly. Resulting deadlock referred to next meeting.

British are weakening in their original support of US stand and British political officer yesterday stated privately he believed an individual commander should retain right to eliminate Germans obnoxious to him since Berlin political future was not clear. Language of constitution is admittedly ambiguous but US element on Kommandatura is very much concerned with preventing Soviet obstruction of operation of city assembly which is now predominantly anti-SED. Dept’s views and suggestions would be welcome.

Murphy

14. Not printed; it reported on a difference of opinion at the December 10 Kommandatura meeting between the representatives of the Soviet Union and those of the three other powers over Allied approval of Berlin Magistrat members. The British, French, and American members maintained that the new Magistrat should take office without specific Kommandatura approval of each member except for those against whom a complaint was lodged by unanimous vote. The Soviet representative asserted that unanimous Kommandatura approval was necessary for all decisions of the municipal assembly including election of a new Magistrat. The Soviet representative had objected to several of the proposed Magistrat members including Karl Delius of the LDP. (862.00/12–1046)
15. For text of the Temporary Constitution of Greater Berlin of 1946, see Elmer Plischke, Berlin: Development of Its Government and Administration (Office of the U.S. High Commissioner for Germany, 1952), p. 214.