Foreign Relations of the United States: Diplomatic Papers, 1945, European Advisory Commission, Austria, Germany, Volume III

740.00119 Control (Germany)/10–745: Telegram

The United States Political Adviser for Germany (Murphy) to the Secretary of State

Berlin, October 7, 1945—4 p.m.
[Received October 7—11:59 a.m.]

707. Reference Dept’s 576 dated October 1. Dept’s views on suffrage qualifications are helpful as this matter will shortly come up for decision on this matter.

My 618 of September 25 inadvertently referred to intention to grant voting rights to persons in arrest categories. It was intention of course to exclude such persons but not those in removal categories. In compliance with Dept’s views, I shall of course advise exclusion of Nazis in automatic removal categories as well as those in automatic arrest categories. The difficulties of enforcing the exclusion of such categories will be obvious to the Dept. Adequate lists which could serve as a basis for challenging would-be voters at the polls do not exist. Brand new election machinery and organization must be improvised in very brief time. Furthermore not all persons in automatic removal categories were active Nazis. In fact under current directives removed persons may be reappointed to office after appeal by Military Government if they are found to be only nominal Nazis. Forthcoming election codes may possibly contain provisions restoring political rights to such persons as are thus cleared.

There is one aspect of the problem which the Dept’s telegram does not touch and on which I should like guidance. If persons in the mandatory removal categories are denied the suffrage on the ground that they were active and dangerous Nazis, should not the right to vote be denied likewise to all persons removed from private enterprise under order quoted in my 627 of September 26?⁹ The Dept’s views would be appreciated.

There is of course the possibility that suffrage may be denied all Nazi Party members, including nominal members. In the Dept’s opinion should the latter view be given support?

Murphy

9. This telegram contained the text of Military Government—Germany, United States Zone Law No. 8, dealing with prohibition of employment of members of the Nazi Party in positions in business other than ordinary labor and for other purposes, which had been promulgated on that date. For text, see Pollock and Meisel, Germany Under Occupation, p. 178.