740.00119 Control (Germany)/1–1949: Telegram

The Acting Secretary of State to the Embassy in the United Kingdom


228. As set forth in instrs,1 Dept believes that Ger representation is essential element of High Court. We do not agree with Brit that Gers would prefer High Court without Ger member to Judicial Council with Ger member. Although former would more adequately satisfy need of rule of law, we believe Gers would be less responsive to such abstraction as rule of law than to failure include Ger member on Court, particularly since Gers now sensitive to their lack of status in bodies making decisions affecting them. From Ger standpoint, believe [Page 14] Judicial Council with Ger participation would be preferable to High Court without Ger member. Foregoing is for your background info and possible use in discussion on point of Ger representation, but does not imply that Dept prepared at this time accept Fr conception of Judicial Council with Ger representation (urtel 225, Jan 182).

It is still felt that appeal to govts from decision by any court is necessary. Nature of controversies which would come before Court would necessarily involve questions Occ policy as well as questions law due to manner in which Occ Stat leaves scope of many of reserved powers to be determined in accordance with governmental policy decisions. It is not felt that it is appropriate to have Court deciding questions Occ policy without retaining power of govts to review and reverse decisions. Do not agree Brit position that such appeal would make Court mere advisory council. Court’s decisions would be binding on Mil Govts and could only be changed upon appeal by Mil Govrs to their govts. It is not anticipated that there would be frequent appeals to govts but rather that this power would only be invoked in cases involving major Occ policy decisions.

  1. Transmitted in telegram 145, January 13, p. 1.
  2. Not printed.