Foreign Relations of the United States, 1948, Germany and Austria, Volume II

USPolAd Germany Files: File—801.1 Ministers President Meetings

Resolution by the Conference of the Ministers President of the Western Zones of Occupation of Germany¹

Jagdschloss Niederwald, [undated.]

Resolution on the Question Raised by Document II² Adopted by the Ministers President on 1 October 1948

The Ministers President of the Laender of the American, British and French Zones of Occupation propose the following in accordance with Document II handed to them at Frankfurt on 1 July 1948:

(a) In the question of reorganization of the Laender Baden, Wuerttemberg–Baden and Wuerttemberg–Hohenzollern the procedure according to the resolutions contained in the annex shall be applied.

(b) A separate Land Suedschleswig shall not be created. The creation of so small and not viable a Land would in their view but impair a sound federal organization of Germany and moreover be in conflict with the guiding principles of Document II.

(c) Prior to the ratification of the Basic Law the Laender concerned in each case shall settle their enclaves and exclaves as well as reunite the communities now crossed by zonal borders.

The Lindau question is deemed a question not affected by the problem of reorganization of the Laender boundaries. Therefore, regardless of the prevailing occupation situation, the administrative community between Bavaria and the Kreis Lindau should be reestablished.

Although the Ministers President have come to the conclusion that, also beyond the proposals made under (a) and (c), alterations of Laender boundaries are desirable, the majority of the Ministers President consider it advisable to refrain from further proposals, holding the view that solutions which could be regarded as satisfactory and lasting would presently meet with insurmountable difiiculties and that further transitional solutions could not now be justified because of the constitutional and administrative disadvantages connected therewith.

On the other hand, the minority believes that, beyond the proposals listed under (a) and (c), already now further changes should be proposed, since the present conditions were unsatisfactory and for that reason even a provisional solution would represent an improvement.

The eleven Ministers President are agreed that the available time is insufficient for proposing solutions satisfactory to all concerned and therefore permanent for an over-all settlement of the inner-German boundary situation.

• Christian Stock
  Minister President of Hesse
  Chairman of the Ministers President Conference
• Leo Wohleb
  State President of Baden
• Dr. Hans Ehard
  Minister President of Bavaria
• Wilhelm Kaisen
  Senate President of Bremen
• Max Brauer
  Buergermeister of Hamburg
• Heinrich Kopf
  Minister President of Lower Saxony
• Karl Arnold
  Minister President of North Rhine Westphalia
• Peter Altmeier
  Minister President of Rhineland–Palatinate
• Hermann Luedemann
  Minister President of Schleswig–Holstein
• Dr. Reinhold Maier
  Minister President of Wuerttemberg–Baden
• Dr. Gebhard Mueller
  State President of Wuerttemberg–Hohenzollern

[Annex]

Proposals of the heads of the governments of Baden, Wuerttemberg–Baden and Wuerttemberg–Hohenzollern to the Conference of the 11 Ministers President, for forwarding to the three Military Commanders of the Western German zones of occupation, on the reorganization of the three southwestern German Laender in accordance with the resolution of the Conference of the Ministers President of 31 August 1948³ and pursuant to the resolutions adopted at Buehl on 16 September 1948⁴ and at Bebenhausen on 28 September 1948.

A. The three heads of government have agreed to recommend to the board of the 11 Ministers President of the Western zones of occupation to propose to the Military Commanders the following question for a plebiscite to be held in the three Laender concerned:

“Do you want the three Laender Baden, Wuerttemberg–Baden and Wuerttemberg–Hohenzollern to be merged in one Land in accordance with the following procedure?

An Assembly to be elected by the Landtage of the three Laender from among their members so that to every 100,000 inhabitants one deputy and to a rest number of at least 25,000 inhabitants one additional deputy shall fall, will work out the constitution of the new state and an election law for its first Landtag. Then the population of the three Laender will vote the adoption or rejection of the constitution pursuant to a voting law to be passed by the Assembly”.

The three heads of government hold the unanimous view that the question submitted shall be deemed affirmed only if in each of the former Laender (existing until 1945) Baden and Wuerttemberg (the latter inclusive of Hohenzollern) the majority of the votes cast, counted through separately, affirms the question.

B. The three heads of government recommend to the Conference of the Ministers President to propose to the Military Commanders that in case of rejection of the total merger at the first vote, a second vote take place on the following question:

1) Majority vote of the heads of the governments of Baden and Wuerttemberg–Hohenzollern:

“Do you want the reestablishment of the former Land Baden and of the former Land Wuerttemberg (the latter inclusive of Hohenzollern)?”

Note: The merger is considered accomplished in each of these Laender in which a majority votes in favor thereof.

2) Minority vote of the Minister President of Wuerttemberg–Baden:

a) “Do you want the Land Wuerttemberg–Baden again separated and the former Laender Baden and Wuerttemberg, the latter inclusive of Hohenzollern, reestablished?

b) “Or do you desire the union of the Land Wuerttemberg–Hohenzollern with the Land Wuerttemberg–Baden?”

Note: As regards the vote on par. a, an affirmation of the question for all three Laender would require a majority of the votes counted through in the three Laender and in addition a majority of the persons voting in the Land section Nordbaden.

1. This document was subsequently submitted to the American, British, and French Military Governors. The date and mode of submission have not been determined. The source text is apparently a translation prepared by OMGUS. A copy of this document, lacking the names of the signatories, was transmitted to the Department as an enclosure to despatch 1586, November 5, from Ambassador Murphy in Berlin, not printed (862.00/11–548). In his despatch, Murphy noted that the majority of the Ministers President intended to propose no further changes in Laender boundaries. Murphy felt that the basic reason for the reluctance of the Ministers President to recommend changes was the apprehension that temporary considerations. Such as the attitudes of the various military governments, would play too large a role in decisions on changes of Lander boundaries. Murphy reported further that at a meeting of the American, British, and French Military Governors on October 30, General Robertson stated that his government was not disposed to demand any further Laender boundary changes, since such changes would delay the creation of a trizonal German government. (862.00/11–548)
2. Regarding “Document II” under reference here, see editorial note, p. 380.
3. Regarding the meeting of the Ministers President at Niederwald (Ruedesheim) on August 31, see the editorial notes, pp. 418, 419.
4. Telegram 313, September 20, from the Consulate at Stuttgart, not printed, reported that at a meeting at Buehl, on September 16, the Ministers President of Wuerttemberg–Baden, Wuerttemberg–Hohenzollern, and South Baden agreed on the terms for two plebiscites regarding the creation of a new southwestern German state. The terms of the plebiscites are those set forth in this document. (862.00/9–2048)