The Wilmington morning star. [volume] (Wilmington, N.C.) 1909-1990, 1945-02-19

It is well understood that the
occupation of Germany will rest
at the beginning on an agreement
among the Allies, to be known
probably as the surrender instru-
ment, which they will proclaim to
the German people. This proce-
dure conforms to the formula of
unconditional surrender but even
if that formula had not been adopt
ed, the German situation would
in itself have brought the same
result. The reason is simply that
the Nazi regime is incapable of
having a legitimate successor;
there can be no German govern
ment capable of agreeing to an
armistice and authorized to sign
any agreement on behalf of the
German people.
German government will, of
course, have eventually to be re-
created. But none will exist when
organized hostilities end. There
will be only military commanders
who can surrender those troops
which still obey their commanders,
and those cities or districts which
they happen to control. This is the
inherent and inevitable result Of
the Nazi system which has de-
stroyed the constitutional means
by which a non-Nazi government
could replace the Nazi.
This presents the Allies with a
situation which is without prece-
dent. To deal with it the Allies
will have to evolve code of prin-
ciples to guide them, and it may
be useful to speculate on some :
the principles of such code.
Thus, there will have to be al
most Immediately beginning in
the re-establishment of German
government. The Allies can con-
troll but they cannot govern all the
villages, cities, provinces, states.
Nor can they, or will they, wish to
assume the responsibility Of meet
ing the terrible difficulties which
the German people are bound to
60 through as result of Nazism,
the war, the defeat, and the terms
OF settlement. That responsibility
must as quickly as possible be
made to rest on Germans.
1t is reasonably evident that the
restoration of German self-gov-
eminent will have to begin at the
bottom, not at the top-that is to
say, first of all in the villages, and
then in the towns, and then in the
big cities, and then in districts
and provinces. No doubt there will
soon, indeed Immediately, have o
be national administration of some
services, for example the railroads.
But this will be under direct Allied
command. In the localities, on the
other hand, there will from the be-
ginning need to be an increasing
amount of self-government, in the
sense that Germans will make de-
cisions for Germans.
Many difficult questions will
arise as to whom the Allies should
recognize as provisional authorities
in local affairs One condition for
recognition might, it seems to me,
be laid down. 1t is that no council
will be allowed to govern unless
it begins by passing an ordinance
or law making it a crime Within
it's jurisdiction under German law
to violate the DEGREES of dlsar-
mament and demilitarization; and
further, that no German may hold
official position who does not take
personal oath to observe and to
enforce the rules of disarmament.
This could usefully be extended
to provide that the DEGREES OF dis
arm lament must be incorporated
into the con t tn i o n OF
unions, the charters of industrial
corporations and financial institu-
tons. and of other societies and
associations which apply for the
privilege of operating, which clam
the protection of the law. Thus
disarmament will not remain
rule dictated by the conquerors
but will become enmeshed with the
legal structure of German society.
In this way, not a few but the
great mass of the Germans will be
taught that to accept disarma-
ment and to conduct any normal
OCCUPATION are Intimately con-,
nected. Above all, the truly peace
loving Germans will be armed with
German laws, not merely with
Allied bayonets, in their struggle
with the war party.
PRINCIPLES will have to be formu-
lated to cover PREPARATIONS. That
is an enormously complex subject
hut we must tentatively consider
as a first principle that that part
~ ali the, material and human
resources of Germany which has
been dedicated to waging war is at
the disposal OF the Allies for re-
placing the damage. The practi-
cal application of such a rule
world not be easy. But as a first