Evening star., 1932-10-25
PRUSS|AN CABINET
REMOVAL UPHELD.
Court Sustains Won Hinden.
burg in 0usting of
Government.
By the Associated Press.

BY the Associated Press.
LEIPZIG, october 25.-The Supreme
Court today sustained President Won
Hindenburg's removal of the Prussian
government from Office on July 20 and
his temporary appointment OF Chan
cellor Franz Won Papen as commissioner
for that state with the power to name
substitute Prussian officials.
President Won Hindenburg's emer-
gency decree for the establishment
of security and order in Prussia is COM
patible with the federal constitution,
Chief Justice Erwin Bumke announced.
1t was not permissible, the ruling
said. for the federal government to
take from the deposed Prussian minis
try its right to represent Prussia in the
Reichstag or the Reichsrat or in deal
ings with the Prussian state council, or
other German states.
Verdict Bewildering.
Political Germany appeared to be be-
Wildered over the verdict OF the court.
What stumped political leaders was the
two-edged nature of the verdict.
1t was noted that the court held the
temporary taking over of the PrusSian
ministry by the chancellor was juSti-
fled, but decided at the same time that
the deposed ministers were conceded
the right to continue to represent PruS-
sia officially.
Inquiries among the various party
leaders brought the stock reply. We
must first Studg the verdict before an
nouncing our position"
Government circles. however, hasten
ed to assure the Associated Press they
considered the verdict a complete VIC
tory for Chancellor Won Papen. On the
other hand. one retired minister Of jus
tice described the verdict as giving
Prussia two governments.
Definition of Limits Declined.
In an opinion accompanying the YER
dict the court declared it declined to
define the limits within which Article
48 Of the constitution, sometimes called
the dictatorship clause" could be ap-
piled. for this question was not involved
in the present case except as concerned
the right of the deposed ministers to
represent the state of Prussia in its
dealings with the national government
The court also declined to decide
whether the Prllssian government had
failed to fulfill its duties, thereby neces-
stating intervention by the federal au-
thoritieS.
Government spokesmen regarded the
verdict as complete Justification of the
chancellor'S course. Even the court S
reservation regarding the right of the
deposed ministers to represent the state
did not affect the federal government
adversely. they maintained, for the
chancellor always has treated this is
sue AS an open question and never
claimed or exercised the right.
All administrative and other measures
taken by the chancellor as commission
er for Prussia or by his appointees, the
government representative said, are un-
affected by the court decision.
Charges Not Substantiated.
The courts opinion stated that indi-
vidual charges by the federal govern
ment of negligence by members of the
PruSsian cabinet were not substantiated
especially the charge that the Prussian
government had failed to oppose Com
munism with sufficient energy.
The court found, however, that in
view Of the general political unrest at
the time President Won Hindenburg was
justified under the constitution to con-
slider that the public safety was ma
tcIldlly OStufDeu anu 10 appoint q
temporary federal commissioner.
While recognizing the chancellor IS
right to remove Otto Braun. the pre-
mier, temporarily. the court intimated
that it considered he had exceeded his
competence in addressing a letter to
Braun as "ausser dienst," which means
eX. or retired
1T is not permissible" the opinion
stated. Ito turn the whole state govern
ment over to a federal commissioner
and to remove the constitutionally ap-
pointed ministers from their places. The
constitutionally appointed state govern
ment must remain as the organ Of the
state"
The court admits that this easily
might lead to friction between the fed
eral commissioners and the regular min
listers, but expresses the opinion that
this does not justify setting aside the
constitutional rights of states"
The opinion admonishes the Prus-
sian Diet to put an end to the present
situation by electing a regular govern
ment
Premier Braun summoned his min
istry for meeting tomorrow morning