[Paraphrase.] The vote was taken during the period of the withdrawal from the Reichstag of the Hugenberg Nationalists and the Nazis, both bitter opponents of the film. This circumstance was fortunate for the owner and producer, the Universal Film Corporation, which has been actively urging the lifting of the ban. The producer expects to urge that the film be reexamined by the censor promptly and released for public showing in the near future.

Intense political controversy has resulted from the mode of withdrawal and censorship of this film. The necessity of maintaining public order has, I believe, involved the Cabinet in unusual reversals of opinion.

I am strongly of the belief that the Reichstag action followed by a showing of the picture in theatres here would have seriously unfortunate results. The Nazis and other extremists of the Right would definitely welcome such a chance of rallying their cohorts. They would also welcome demonstrations involving physical violence as means of keeping up the zeal of their followers.

Attempts to produce this film here might involve a certain amount of anti-American criticism owing to its American ownership and origin. The probable embarrassment resulting to the American Government might lose us the advantage of a growing disposition here to change the film regulations in a manner favorable to American films. This latter is much desired by the Hays people.

29

If this view which I am venturing to urge upon the Department could be communicated to and urged upon Will Hays 20 it might greatly aid him in urging the producer to avoid this new controversy.

I should be glad to be informed how the Department views this suggestion as I am convinced that the matter is one of the greatest importance. [End paraphrase.]

SACKETT

862.4061 All Quiet/3

Memorandum by Mr. P. T. Culbertson of the Division of Western

European Affairs

WASHINGTON, March 17, 1931. In Mr. Castle's absence I telephoned Major Herron 30 yesterday afternoon in order to let him have the suggestion contained in Ambassador Sackett's telegram No. 26, March 11, 2 p. m., concerning the exhibition in Germany of the American film “All Quiet on the Western Front". I explained that while this was not technically a Depart

29 President of Motion Picture Producers and Distributors of America, Inc. Major F. L. Herron of Motion Picture Producers and Distributors of America,

20

mental matter I agreed with the Ambassador that further showing of the film would likely stir up trouble which might react to the disadvantage of American film interests generally, particularly in connection with the change of German film regulations now under consideration.

Major Herron said that the film company was going slow and that he did not think it likely that they would press for exhibition of the film.

862.4061 All Quiet/10

The Ambassador in Germany (Sackett) to the Secretary of State No. 1135

BERLIN, September 12, 1931. [Received September 25.]

SIR: With reference to my despatch No. 654, of December 17, 1930, and to further correspondence relative to the disturbance caused in Germany by the showing and subsequent prohibition of Eric Remarque's “All Quiet on the Western Front," I have the honor to report that the Bureau of Film Censorship in Berlin, on September 2nd, released this film for unrestricted public exhibition in Germany, although the showings have not yet commenced. The reversal of the authorities' decision was made after the deletion of a few scenes and the receipt of a letter from Mr. Laemmle, the head of the American Universal Pictures Corporation, in which he stated that his company had decided to adopt the expurgated German version for presentation henceforward in the whole world.

The Department will recall that the disturbances which the film. caused in Berlin and other German cities on its first being shown here were arranged by members of the Nazi Party, foremost among these being the Reichstag Deputy Dr. Goebbels, and in view of this fact the present reaction of the chief Nazi organ, the Voelkischer Beobachter, is of interest as giving some indication of the reception the production is likely to experience when it is again shown in Germany. On September 4th, this paper greeted the action of the Bureau of Film Censorship with a violent tirade against the film and remarked that the fact that it had now been released was a symptom of present day conditions, namely, of the predominant Jewish influence in Germany. However, in view of the strong language daily employed by this sheet, this statement is not surprising, but it may be assumed that no further disturbances are as yet planned, as it went on to say that the German people were now too low-spirited and exhausted to oppose this insult to their men who had fought in the world war.

Comment in the moderate press was by no means as extensive as at the time of the disturbances caused by the first showing, which, of course, had much greater news value than the present release.

From a broad point of view the present action may be regarded as indicating that the authorities no longer feel bound to make concessions to the Nazis as they did shortly after the successes of the radicals in the elections to the Reichstag in November, 1930.31 The chief present significance of the whole affair is that of a straw which shows which way the wind is blowing.

Respectfully yours,

FREDERIC M. SACKETT

ARRANGEMENT BETWEEN THE UNITED STATES AND GERMANY REGARDING RECIPROCAL RECOGNITION OF LOAD LINE CERTIFICATES EFFECTED BY EXCHANGE OF NOTES, SIGNED SEPTEMBER 11 AND DECEMBER 16, 1931

Executive Agreement Series No. 31 862.8561/6

The American Ambassador in Germany (Sackett) to the German Minister for Foreign Affairs (Curtius)

No. 585 BERLIN, September 11, 1931. EXCELLENCY: I have the honor to refer to previous correspondence and in particular to Note Verbale 5 845/31, of March 4, 1931,32 from the Ministry of Foreign Affairs wherein the statement was made that the Government of Germany was prepared to accept the American "Regulations for the Establishment of Load Lines for Merchant Vessels of 250 Gross Tons or over when engaged in a Foreign Voyage by Sea" as equally effective with the German regulations similar thereto and to conclude a reciprocal agreement as well as a temporary reciprocal agreement governing the acceptance by each Government of the regulations of the other.

I now beg to inform Your Excellency that the competent executive authorities of the Government of the United States have examined the German rules and tables of freeboard, which were submitted with the Note under reference, and have found them to be as effective as the United States load line regulations. I am further directed to state, in regard to the reciprocal agreement concerning the acceptance of the mutual regulations, which agreement will remain effective pending the coming into force of the international load line convention in the two countries, that my Government understands that the Governments of the United States and Germany will each recognize

as equivalent the load line marks and the certificates of such marking of merchant vessels of the other: provided, that the load line marks are in accordance with the load line certificates; that the hull or superstructure of the vessel certificated has not been so materially altered since the issuance of the certificate as to affect the calculations on which the load line was based, and that alterations have not been made so that the

(1) Protection of openings,

(2) Guard Rails,

(3) Freeing Ports,

Means of Access to Crews Quarters

have made the vessel manifestly unfit to proceed to sea without danger to human life.

I have the further honor to inform Your Excellency that it will be understood by the Government of the United States that, upon receipt of a note from Your Excellency expressing the German Government's concurrence in my Government's understanding, as above set forth, the agreement will become effective.

I avail myself [etc.]

FREDERIC M. SACKETT

Executive Agreement Series No. 31 862.8561/6

The German Undersecretary of State for Foreign Affairs (Bülow) to the American Ambassador in Germany (Sackett)

[Translation]

BERLIN, December 16, 1931.

MR. AMBASSADOR: In reply to your communication No. 585 of September 11, 1931, relative to the conclusion of an agreement between Germany and the United States of America concerning mutual recognition of the load line regulations of the other country, I have the honor to inform Your Excellency as follows:

Since the German "Regulations of the See-Berufsgenossenschaft (Maritime Cooperative Association) Governing the Freeboard of Steamers and Sailing Vessels on Long Voyages and Atlantic Voyages as well as Extended Coasting Navigation" and the corresponding "Regulations for the Establishment of Load Lines for Merchant Vessels of 250 Gross Tons or Over When Engaged in a Foreign Voyage by Sea" of the United States of America, have been examined by both parties and recognized as equivalent, the Government of the Reich agrees to the conclusion of a reciprocal agreement governing the acceptance by each Government of the freeboard regulations of the other, the load line marks, and the certificates of such marking of

merchant vessels-this agreement to be effective beginning today until the international convention governing the freeboard of merchant vessels becomes effective in both countries:-provided, that the load line marks are in accordance with the load line certificates; that the hull or superstructures of the vessel certificated has not been so materially altered since the issuance of the certificate as to affect the calculations on which the load line was based, and that alterations have not been made so that the:

(1) Protection of openings,

(2) Guard rails,

(3) Freeing ports,

(4) Means of access to Crews Quarters

have made the vessel manifestly unfit to put to sea without danger to human life.

I take [etc.]

BÜLOW

STATUS OF NATURALIZATION TREATIES BETWEEN THE UNITED STATES AND THE GRAND DUCHY OF BADEN, SIGNED JULY 19, 1868, AND WÜRTTEMBERG, SIGNED JULY 27, 1868

711.624/8

The Chargé in Germany (Gordon) to the Secretary of State No. 567

BERLIN, October 28, 1930. [Received November 10.]

SIR: I have the honor to transmit herewith a copy of a despatch dated October 21, 1930, from the American Consul General at Stuttgart in which he inquires as to certain treaties between the United States and the Grand Duchy of Baden, and the United States and Württemberg, together with a copy of my reply thereto.33

In connection with the foregoing, I venture to request an expression of the Department's opinion.

Respectfully yours,

GEORGE A. GORDON

[Enclosure]

The Consul General at Stuttgart (Dominian) to the Chargé in Germany (Gordon)

STUTTGART, October 21, 1930.

SIR: I have the honor to inform the Embassy that I find it necessary, in the course of a number of citizenship cases which are being investigated at the Consulate to inquire into the present status of certain treaties with former German states entered into by the United States prior to the formation of the Empire in 1871.

"Reply not printed.