740.00119 Control (Germany)/11–2748: Telegram
The United States Political Adviser for Germany (Murphy) to the Secretary of State
2826. Deptel 1865 and mytel 2816.1 Following summarizes situation regarding December 5 election Berlin:
Article 4 of provisional Berlin constitution which was written by Allied Kommandatura and approved by it and by Coordinating Committee of ACC, states that City Assemblymen will be elected for two years. Article 15 (1) specifies that boro assemblymen are also elected for two years. Article 35 (1) provides that City Assembly will submit to allied powers by May 1, 1948, draft of new constitution and that, as soon as constitution approved, elections must be held under its provisions. New constitution was submitted April 29, 1948, and discussed as long as Kommandatura existed, with our agreement. Hence provisional constitution remains in effect, and new elections must be held under its provisions. All four allies have committed themselves on this point, and the fact that Soviets have violated commitments does not release other allies from it.
Initiative for December 5 elections came exclusively from Germans however on September 6, 1948 City Assembly meeting in British sector [Page 1271] (after unsuccessful attempt hold regular meeting in Soviet sector), without SED members, who refused to attend, passed electoral ordinance prepared by Magistrat, set November 14 as election date, and specified that electoral ordinance be submitted to allied commandants for approval. Magistrat September 9 confirmed ordinance and date, but decided not to submit ordinance to allies. At insistence of City Assembly, Acting Mayor Friedensburg on September 29 sent electoral ordinance to all four allies who received it October 2. On October 7 US, British and French commandants approved ordinance and holding of elections on or about 14 November, thereby committing themselves once again to permit elections. Soviets meanwhile prevented printing of election proclamation, in Official Gazette, which according to electoral ordinance must occur at least six weeks before election itself.
On October 8 City Assembly after rather acrimonious debate as to who was to blame for delays, postponed election date until December 5 and instructed Magistrat to make all necessary preparations. General Kotikov October 20 sent long letter to Friedensburg listing impossible conditions for holding elections in his sector. Magistrat and City Assembly thereupon decided to go ahead with elections in three west sectors. Further declarations and counter declarations passed between Soviets and Magistrat without altering decision on either side. Re mytel 2656, November 1, repeated London, Paris 872 and Moscow 7062 for example. In view of Soviet attitude, SED has naturally taken no part in election preparations.
All formal preparations have now been made by Germans for elections. SPD, CDU and LDP have submitted candidates lists and ballots have been printed. Voters lists were prepared and displayed for public inspection as required by law. Polling places prepared. City election manager Dr. Mueller Wieland November 26 announced that polls would be open from 8 a. m. to 8 p. m. to permit those workers to vote who have to work special Soviet-ordered Sunday shift December 5, and that if such workers got authorization beforehand they could vote in any polling place selected by them. Tripartite MG inspection teams have been organized and received their first briefing. German police have been placed on class one alert basis for December 5.
Electoral preparations and campaigning have had tremendous publicity in Berlin and worldwide press coverage. Although democratic parties have of course campaigned against each other, the weight of their campaigning has been placed on getting out vote as demonstration against Soviet blockade and oppression and for Berlin’s freedom. Even such original opponents of split city elections as Friedensburg [Page 1272] are now wholly supporting them, and Friedensburg predicts at least 85 to 90 percent participation. Top leaders of West German SPD Erich Ollenhauer and Hertha Gotthelf have come to make election speeches. Others due in next few days are: Carlo Schmid of Tuebingen, Karl Mettmann of Hamburg, Lisa Albrecht of Munich, Jacobe of Iserlohn and Koos Vorrink, Chairman of Netherlands Labor Party. West CDU leader Konrad Adenauer of Cologne, man who has hated and feared Berlin and Prussia for over 30 years came to Berlin for first time since war, to speak for his party (my airgram A–892, November 242), as did Helene Weber, CDU delegate to Bonn Parliamentary Council. Minister President Karl Arnold of North Rhine Westphalia is due. West German LDP sending Prof. Theodor Heuse, Martin Euler, Dr. Heopker Aschoff and Franz Bluecher.
Soviet and SED are waging equally strong propaganda warfare against elections, throwing top SED men into daily anti-election meetings. Effort on that side is to frighten Berliners and West allies into calling off December 5 splitter elections and accepting Soviet conditions for truly democratic elections. Failing this, their aim is to induce Berliners by thinly disguised threats of reprisals to abstain from actually voting.
In summary it might be said that December 5 elections, which originated out of legal necessity, have become for Berliners and Germans in general, more and more with every Soviet effort to stop them, an eagerly awaited opportunity to show the world by the volume [of] their vote which side they stand on, and have become for much of West World, in spite of all anti-German feelings, a demonstration of free men’s determination to defend their freedom.
Sent Department 2826, repeated Paris for Bohlen 971. Pouch copies to London and Moscow.