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Military government weekly information bulletin
Number 99 (June 1947)

MGR title 1 (first installment),   pp. 8-11 PDF (2.5 MB)


High court open in Hesse,   p. 11 PDF (650.6 KB)


Page 11

Personnel Changes
Judge James T. Brand has been
appointed Presiding Judge of Military
Tribunal III hearing the case, at
Nuremberg against- 15 former high offi-
cials of the Reich Mihistry of Justice.
'He succeeds Judge Carrington T. Mar-
shall who has been forced to retire be-
cause of ill health.
Judge Justi4 William Harding, who
has been the alternate judge of the
Tribunal, has been named to the panel
to fill the vacancy caused by Judge,
Marshall's retirement. Judge Mallory
B. Blair is the third member of the
panel.
Judge Louis E. Levinthal of Phila-
delphia, co-chairman of the United
Jewish Appeal and the United Pal-
epstine Appeal, has been appointed
advisor on Jewish affairs to the Mili-
tary Governor. He will succeed Rabbi
Phillip S. Bernstein who has been the
advisor for the past 14 months.
Mr. Frederick L. Devereux, who
served with Military Government in
Germany in the early months of the
occupation and later on a special
assignment in JapaA and Korea, has
been named Special Assistant to the
Military Governor.
Acting heads of OMGUS offices
named to serve during the current
temporary absences of the permanent
officials include Col. H. R. Maddux as
Acting Chief of Staff, Col. Perry
L. Baldwin as Acting Inspector Ge-
neral; and Mr. James E. King, Jr., as
Acting Secretary General.
Position Added to ICD List
Film exhibitors have been added
to the positions which require Infor-
mation Control political clearance
before the person may be, employed
in any information service, as listed
in OMGUS letter, AG    000.1 (IC),
"Standards Applied to Personnel in
German Information Services," dated
22 March 1947. The addition is given
in an amendment dated 12 June.
Rural Police Patrols Redwced
With the recent concentration of
US Constabulary units in Wuerttem-
berg-Baden, most rural police assigned
to patrol duties with Constabulary
units have been released.
THE Hessian citizen who feels that
his  constitutional prerogatives
have been encroached upon by any
act of the Land government short of
parliamentary-enacted legislation now
has the right of full judicial recourse,
with the inauguration in Kassel of
the Land's Supreme Administrative
Court.
The opening completed the resto-
ration of administrative justice to
the Land through a system which in-
cludes lower chambers located in
Wiesbaden, Darmstadt, and Kassel.
Never. before in' Germany's history
have administrative courts been in
such a strong position as they are
today, it was pointed out by 'Richard
Simonson, civil administration offi-
cial of OMG for Hesse.
"The erection of the Hessian admi-
nistrative court structure," he said,
"has opened a new era in the re-
cognition of the dignity of the indi-
vidual in this Land, because these
tribunals have been established espe-
cially to safeguard the individual
citizen against arbitrary acts and or-
ders by government officials. Ordi-
nances, decrees, executive orders,
and all other types of government
directives short of laws passed by the
Landtag can now be challenged in a
fairly rapid and inexpensive manner
by any citizen who believes that
his rights have been unlawfully
restricted."
"Until now," Simonson said, "au-
tocratic bureaucrats were able to
hide behind a blanket statement of
emergency conditions and asserted
emergency powers so long as their
acts did not conflict with Military
Government policies."
T HE Hessian Secretary of State, Dr.
Hermann Brill, warned. Hessian
administrators to contain their official
actions within the Framework   of
established laws. Administrative or-
ders which refer to an "emergency
outside the law are prohibited and
must not be observe, he emphasized.
"I believe," he went on,- "that
there is enough to make clear to
each rural mayor and- to each head
of even the smallest state authority,
be it a mining office, a land commu-
nal authority, the administrator of an
institition or any other type of author-
ity, that he will, henceforth, be
answerable before an administrative
court, should he be guilty of violating
the rights of man. Neither a com-
plaint nor any other means of protest
may free him from this responsibility."
The Hessian Supreme Administra-
tive Court President, Dr. Gerhard
Mueller, declared, "The people of
Hesse still are not sufficiently ac-
quainted with the whole concept of
administrative justice and law," as he
called foTr the assistance of the Ger-
man press in educating Hessians to
the importance of the administrative
court system.
H ESSE MG officials anticipate that
the majority of cases which ad-
ministrative, courts will hear will
involve housing requisitioning by the
Land government, one of the chief
sources of irritation to Hessians. Re-
quisitions made on behalf of the
occupying forces cannot be challenged
before German tribunals, it was poin-
ted out, but such requisitions no long-
eir constitute a significant percen-
tage of dwelling space and furniture.
Supplies Only for Youth
Army excess supplies, for use by
youth groups in camping programs
"must be used solely and exclusively
for youth activities," said OMGUS
cable V-19540 of 17 June. Declaring,
"no diversion is permissible," the
cable continued:
"Authority for this is action of Bi-
partite Economic Panel which approv-
ed release o4 the Army surplus ma-
terial in question and so instructed
the Joint Export-Import Agency. Pay-
ment. for these supplies to the corpo-
ration is in marks, either by organi-
zation concerned, or by budgetary
allowances in Land ministry. Prices
to be determined by adjudication
between corporation, German prices
authoritiess, and youth officials. Re-
lease and disliibution of this mate-
rial is considered an essential mil-
itary mission of the occupation to
be executed without delay."
WEEKLY INFORMATION BULLETIN
High Court Open in Hesse
11
30 JUNE 1947


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