CFM Files: Lot M–88: Box 121: File—Occupation Statute, Cables: Telegram

The Department of the Army to the United States Military Governor for Germany (Clay), at Berlin

top secret

WX–90479. From Dept of Army from CSCAD to CINCEUR personal. Reurad Sept CC–6123.1 Fol are State–Army comments on urad.

[Page 607]

Gen comments:

First whereas clause points to supreme auth to be exercised by each Commander in his own zone which is true today but will be changed when statute comes into effect. Believe draft should emphasize clearly in preamble the basic purposes of statute, namely (a) to have unified policy administered by integrated Tripartite Mil Govt auth for 3 Western Zones; (b) without relinquishing the supreme auth of the occupying powers, to limit its exercise and to further the assumption of greater initiative, responsibility and auth by the Germans; (c) to guarantee to the Germans the enjoyment of basic civil liberties; and (d) to delineate clearly the scope of auth to be exercised by the occupying powers and by the German adm.
Language of draft appears in part too vague for a statute designed to define and to delineate powers of Mil Govt and the Germans and to avoid conflict and difficulties of interpretation. Precision in legislative drafting seems essential if court is given jurisdiction to decide disputes based on statute.

Specific comments:

[Here follow detailed comments on individual articles together with proposed alternative or additional language. The changes, deletions, and additions set forth in this message and subsequently accepted by OMGUS are included, with appropriate identification, in the Revised Draft Occupation Statute prepared by OMGUS, October 12, page 608.]

  1. The message under reference, dated (September 30, not printed, set forth the text of the draft Occupation Statute prepared by OMGUS. All the provisions of that draft are included in the Revised Draft Statute, October 12, p. 608.