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
W–91904. From Dept of Army from OUSA to CINCEUR for Clay. 1. State and Army reiterate concurrence in your previous position that the body for interpretation of the statute should be a court [Page 627] rather than a council. In case you believe you should accept the British proposal outlined in your CC–65251 Rathecmkei [rather than?] continuing to adhere to your previous position State and Army will concur in your action.
2. In connection with the foregoing, the Army furnishes for your consideration the fol views to which State neither object nor subscribe;
Original proposal under which members of court consist of Allied and German only, particularly in view of 3 Govts’ right to override court’s action in exceptional cases is much preferred. We are prepared to go along with British compromise, which includes one neutral and one German member if you consider this not politically unacceptable in Germany. In this connection, you might point out to British privately that your proposal of two each British, French, US and German meant British and US together at least held equal representation, whereas under present British proposal French, German and neutral could clearly outvote US and British members.