862.00/10–1349: Telegram

The United States High Commissioner for Germany ( McCloy ) to the Secretary of State

secret

3026. ReDeptel 2072 of October 11.1 Following are best current answers to questions posed in reftel:

1.
Best available information to date indicates that capital will be physically located in Berlin in former Landtag building on Prinz-Albrecht Strasse where reconstruction work has reportedly been speeded in night and day shifts during past few weeks. This information from West-licensed press is confirmed by statement of F. Ebert in Soviet-licensed press that government offices will be located in Soviet sector Berlin.
2.
To date the question of validity of legislative and administrative acts of the Eastern Republic in Berlin has been left vague, probably purposefully, by SED and Soviet authorities. The only statement’ of even semi-official nature have been those of Ebert who was quoted in the Soviet licensed press as stating Berlin would not become part of [Page 416] the new republic and Hoffman in the Soviet-licensed Berliner Zeitung to the effect that quadripartite agreements re Berlin would be respected and new efforts would be made to overcome differences on quadripartite level.
3.
Ebert and Geske, both Berliners, have been appointed be Presidium of Lower House as “Beisitzer” or “observers”. Other Berliners have membership in Lower House and also in German Economic Commission (DWK) which has been taken over by Eastern Republic. However, both in Lower House and DWK the principle of district representation has never existed inasmuch as members or participants were chosen arbitrarily to represent zone as whole. Berlin participants in Upper House or Laenderkammer where district representation does come into play have been carefully labelled as “observers”.

In summary the Soviets seem to have taken extreme care in avoiding charges of de jure inclusion of Soviet sector Berlin in new government. They have everything to gain by continuing to camouflage de facto inclusion as the new regime commences operations. Eventual de facto inclusion will unquestionably occur. Whether Berliners are voting members or “observers” makes no difference since applicability of Volkskammer measures to Berlin will be decided in private caucus not in public session. With a nod from Ebert the Soviet sector magistrate will adopt similar measures. However, Soviets may even delay [application of?] legislative and administrative acts of Republic to Berlin indirectly in endeavor to embarrass West. At any rate it appears certain they will cling to de jure exclusion long enough to be able to accuse West of final splitting of city in event West sectors are incorporated as Twelfth Land and in meantime to reinforce French unwillingness to take this step.

Sent Department; repeated Paris 232, London 206.

Department pass Moscow as 31.

McCloy
  1. Ante, p. 412.