AS; flic AI c^sstju&i £*J$A J*.*

HMHMBWt Stewartlag cm tfoft artt^ste ©a OP*' DHniel g o l v l b l l l In Berlin on tb© evtming of

T I E m t a ^ E i

I I I !

JE haw© tb© b©»or t o t ra t taa i t b«re«i th an a f f i dav i t ©xaeap*

ted. toy "Dr« Panial SaltlhJ.11^ an .*m*;ri©»«i ©itifs#c tatac-or^i-liy

res id ing l a t te r i in , raeitinjg tb© airman®t«a©*-« rarrmstKiiag aa

ntta.sk csa fain, la y sa »«*• aan in taitfowa on tb© tltttar &©a Lindsti

in Be r l i a^ ®?i the ©vising of August 1H# I3r«, ?*ulirtbt!l I s a

©byaieian wn© aiaaa to Sa r l in for tin* p»rpost©. of atMying under

tb© tamcmm ^ n a s n surg***8** Ip» iawarfei-uato. !« t# a ©feast enr»

gaati «a«S i3e» baan studying at £*• Seuartorueb1© e l i n i e a in tb*

Cbari t* Meapital* ft© Is an *»«©riean ©Itlaam ©f a f in* typ©

an4 i« a©t a .law. Oo tb© ©va^la^ of august IS ba was am h i s

way t© a d&pug»atar© and am tb© Untor «$©n Ltadan naur tba

rriadriafeatraaa© ©teapsd for a aoaent at tb© ©%# ©f tba sida*

walk t a as t ab p©a» by © par ty of unlferasd s»*« mtm !»«4©d by

a tesici* ap» Wulwlhlll ©tat©a th^ t tba aaaetael© in taraa tad

h i a and im -neraly ataapad for a motaaiat s t tba- ©dj§# of tfe©

aidsvalk t ags ths r witb a t bar attl©akars* 1© aot iaad th»t on©

©f

«* H •*

of tha 8* A* raaw saparatad hlauH*lf from the MareMag grovqp

and mtlk#d towards tba a l4 taa lk # boa paid B© ©art laular

a t t e n t i o n t o t M a wfeaa aiaddaa&y aba -SKI atappad up to him

and abruote Mia ©o tba i« f t *«MP* Aftar lie got owar Ma daaa

from tba aaw«ra blaa%" fe« t «« rwd from tha byatandara t ha t

tba only vmmMxm wby th ia S»A* man aauld hawa atruak Ma wan

tba t ha did not r$ l aa Ma ba»d In bh» l i t l s s r a&luta a* feb©

uMfomed &»A, sen wara ssaraMag by.

That sueb inoidante as tb© ©»a afeova r«i»orta3 and SJt sir*

I m l ¥ l M l l f s af i daa i t would taka gtlaaa, was* £m&mGn by t h i s

Crraaulata ;laneral and T%p&e*e& ba t ha *>ep*rt&an& i s jay comft-

d a n t t a l da»£»ata». la* 1404 of August @, ah lab i irould r a s a a s t -

fu l ly bring t o tha !)aa«Ftste,o.t,a oofclea in t h i s aonnaetleai*

l a iaataa&aft of t a i « kind ara l l k a l y t o mew? from t i s # t o

tisaa t o i&arleana in ^ersaany* 1 raquaabad Consul Saist t©

c a l l ©m Staatssaarataar- ftrauert l a tb* i*wvm* l«n E in ia t ry of

tba Interim*, augga$ting t o Mm tba advl&aMllty of a s ©f*dai

baiag isanad by t h e Oterswai fik^&rrsaant ahiem aeaat b« glvaft

thorough publioity* to tha offac t tfeat f a r e i ^ w r a ara not

axf»ant&d to give tha K l t l a r aa lu ta , and a&lling a t t en t ion to

th© fact tha t thay m a t not ba asolaatad I f thay f a l l t o do

so , fhara I t traaaa&ttad berawlth m ato«©i*endira eoaarln^ the

aaavaraat loa ahtan ;#r* da ia t had with nr» Orattart, ahlah 1

bal lava tha Dewartaant w i l l read with InbaraaW fha tJeonrfe*

s e a t w i l l mot© t h a t wMla Dr. -3r&u*rt raealwoi >ur suggestion

with amah lntere&t end eopreoifction and ate tad t t e t an ardor

would bo iaaued, and while I t Is rmt unlikaly tha t aoraa aueb

©rdar

- 3

order will fee feelBful, X m n»t at all certain that it will

haveth* affect of stopping all inch Incidents as the en©

*md«r reference, fhe attitude of the people here now la such

that thev ae# firat and ask questions afterwards.

Immediately after the attack on J*. Mulvihill, itr. Oelst

of the staff of the Consulate General called on •&* Volk of

the State &oiret I©litleal Poliee and left with hi» a cony of

the affidavit executed by Dr. iiulvihill* Se ©Mphaalased at

thf-'t time the importance of the S«A» tean being arrested with­

out delay and appropriately punished. lie brought out the

unfavorable afreet on ouolle sentiment whieh had been crested

by the failure of proper action being tf ken against *»A. jaen

eone^ned in attacks on iysierle«n citizen** a® alas broug&t

out thst if the -ieraafi authorities do not take aore energetic

action in protecting American eitlsens from unprovoked attacks

and do not bring the person® -who oomatlt these attacks to trial

and give thera appropriate punishment, it cannot be expected

that our Government will not, in the interests of its citisens

who contemplate going to i'Jermsny, have to issue some statement

thet .Americans coating to c5or>***ny may not am free from molestation.

There is also transmitted herewith a copy of the lett ar to

the Stat© Secret Political ?olie«0 with which 1 transmitted •

copy of the af.=. i&avlt covering the attack on Dr. ->-.ulvihill and

asking for iasnedlet© aetiom»

On the evening of August 18, fer* Volk of the State Secret

Political Folic© informed ate over the telephone that they had

succeeded in arresting the S,A« man who had attacked Dr.

Mtlvihill, and turnedhlsi over to the judicial authorities*

This

This is tte* isoat rapid and fetlafeetery action which we hav*

yet •ccuyed in any of thas© esasae»

•On the saomlng of An net X© I receive! the .-->epartst- >*•

telecast of ijJ»gust 18, 1 P«M* Instructing ate to telegraph the

facts cohering the attack on tfcr. Kulvihill and to report on

the action taken. I thereupon sent the following telegram

"magnet 19, 19 auis« Referring to the •i>epartHtent,ai telegram of Au^nat 18# 1 p»m« Dr« Mulvihlll was subject unprovoked attack Water den IdndsW August 15 while watching parade £>«£• aten &TG? One of marchers left ranks end attacked Kulvlhill stead­ing &r> sidewalk ST0? Attack reported isbuedlately secret police by us esphssiKlag importance isssediate arrest and satisfactory unishsient aa repeated at tasks on Americans causing great concern in the United States STO# After consultation with fiotoassy also discussed with /ruasian Ministry Interior danger to /imer leans resulting frow order regarding Sltlc-r salute and emphasised necessity public declaration

authorities that foreigners not expected t© give Hitler salute as this attack obviously due failure American give salute STOP Ministry recognised • correctness our representations and necessity action regarding salute and attacks and gave assurances inrodlate a*>tlsf aetory action regarding nubile declaration respecting salute STO? Secret volice Informed me last night assailant arrested and turned ov^r judicial authoritior STOP This stoet rapid and satisfactory action re far secure! STO?" Action in Orloff cage also indicate© recognition by German authorities necessity setisfastory action &aeriean cases STO?- X oss pressing energetically action Zmekerman attack whose attackers net yet arretted.

1SBS8KR&&XTB*

At sy requ®. t Consul £eist called. again on the raomlng

of August 19 at the Prussian Ministry of the interior, to

determine what action had been taken with respect to the issue

of an or^ev rcgerding the Eitler salute as we considered this

of primary lsaportsncc. i thought this of all the greater

importance as after e insulting ^ith the Ambassador tijafc'"

morning I found he had received a telegram frost the Department

expressing

• 5 -

faqweaslng ooawern over the repeated attacks oa *»eriean eitl-

zeiMU Mr« Geist was not stele to see C>t aats secret &©r |3r»

3rau©rt f&o was «»sent from the city, bi& © saw a high

ranking officer »f the Ministry who informed his that Qruppwn*

fuehrer Srnst, who is In eoramand of the 80 thousand S«A« men

in. the district of B«rXIn~Br«»d®nburgs would ©all on the Ambas­

sador on Tuesday, .August 82, In order to express his regret

that this attack o© Sr» Mulvlhill had been committed by an

S«A, man. a© was also Informed that an order -had already been

issued by the 'Ministry to the S.A* and to the &*4» throughout

Germany, that foreigners in Germany are not expected to give,

or to siturn the Hitler salute, ^r* Gelst was further Informed

that the Ministry was already in toueh with the ?srty leadership

In order that ft public declaration &lght be road© to the

civilian -ovulation, to the effect that foreigners in Germany

are not expected ta give or t© return thla salute. Mr, deist

expressed our appreciation of the energetic action which wea

being tak#n by the Russian Ministry of the Interior.

The aetion of the Ministry in seeing that Gruppenfuelirer

Imet of the S«Ju will ©all upon the Ambassador and express

his regrets ower this Incident^ is In -??gr ©pinion store significant

than if this aoolftgy were saede under th© present circumstances

by the Foreign office, fbt £• Mm have been 00 definitely

beyond and. above the law that an apology coming from th©

©©amending officer of eighty thousand S«A. mm in the ^rlia-

Brandenburg district la of aerft »iijnlfic*m©e than anjrfona In

which it tould cost** Th© rapid action of the Prussian

authorities and of th© heieh ia taking steps with regard to

orders

• 6 -

orders respecting foreigner* and the hitler salute, is also

a satisfying recognition on their pert of the taportattee

•of foreign opinion.

While the action which has been aeeared in the ©sea of

Dr# Hulvihill has been very rapid and. on the whole more satis­

factory than tbot in the case of any previous attack, I do not

believe that it can be taken est an indication that American*

is Qeraany are free frost molestation. There is no question,

I believe, as to the desire of the authorities, but experience

has shown that the will of the authorities takes sosae time to

work through the population*

It aust further ;JC borne in mind that an order of the

Government to the effect that foreigners arc not expected

to give or return the Hitler salute, will be an unpleasant

one to raany people in the ranks of the Mati©nsl*socialist

Perty. In the "Berliner Tegofelafci" of August 19 or SO, there

appeared an item of which the following ie a translations

'''An earnest warning to uninterested, ones.

In Pforahels the local leader of the Itetlonal-Socialist Party has issued a proclamation to the population, in which it is stated th«t it has happened frequently during parades, that a certain part of the population when a parade has |pn© by has not given the appropriate salute to the national-Socialist star® banners, but that soae have remained on th© pavements with their hands in thel# pockets or apparently uninterested. Ho orders, therefore that the flags of the Third i.elch are to be greeted with th© Gensan salute (Hitler salute). Failure to d© this will in the future be settled at the moment and at th© piece where the failure occurs**

The above proclamation ia&d© bj the local leader at

Pforzheim indicates very clearly that the S.ii. men who say be

marching

• ? •

marching through the streets, when they see that en onlooker

is not omaerly saluting the lakenkreus flag, he will be

dealt with by the» then and there* which ean only ntesn

repetition of incidents »ueh as this in the ease of Dp,

MtJl i'iIlU

2 am of the opinion that if further Attacks on /eterieanji

take place, our Soweriment may he under the necessity of Issuing

a general warning to #Mserleans at heme that they may not be

ssf# in #ersaany» While the desire of the German 'lovernstemt may

now fee to protect foreigners in Germany from stalest at ion, the

constant recurrence of these incident$ may show that the German

Government is not able to give foreigners that protection which

they should have, and In the interests of our own cltisens it

raaj be neeessars? to issue such an order. It is obvious that

the issuance of ouch a declaration by our Sovernsient would be

in many respects a serio s raatterf but I believe that continuance

of tho attacks -vill make it necessary. The Kiabasay and the

Consulate General have don© everything in their power to bring

to the attention of the authorities the absolute necessity of

the^e attacks stopping and have made clear to the highest

authorities of the Government the effect which these attacks

have on public opinion and that some action by our "ovorn&ent

say be necessary. A continuance of the attacks will therefor*

show that either the 5er®wn Government is not adequately

interested in tho protection of foreigners* or is not yet

able to give them that protection which can reasonably be

expected. There freaaina* thereforej only one action for our

Government to tek© if tho attacks continue*

The

( IPS - 8 -

fhe Consulate deneral will eloeely follow the action

taken, by the judicial authorities against the £>••** saan who has

beta |prr«»sfced for the attack on Dr. Sulvihill. Heretofore the

only action teV:an against S* A* ia©n In o«s^« of this kind has

been to put thea out of the aW« I have on various occasions

pointed out to the Canaan authorities that although such, expul*

sloa fro?a the S«A# may siean something to them, it ?n«ans nothing

is the United States* Unless this S.A, men is brought

rapidly to trial and given real punishment, It will he an

indication cf a ssrlaus lack of £0©d faith by the tiaraaa

authorities Atid i shelf, not fail to keep the hepartasent adequate­

ly inf ©rated. In this connection I say bring to the Depart­

ment's attention ay confidential despatch Ro. ISIS of August

18, in which I inform it that the proceedings against Jocst*

a civilian, for having at leaked an American named Fuha* were

a fare©, am! that the man was let off with a fine of SO saer-ks,

lieapeetfully yours,

S* Maasera&lth, /userlean Consul Oenaral.

enclosures? Copy of affidavit|

Memorandumi letter.

3 1 0 / 8 0 0

f h o re copy of

sfeped ord­inal, MM^