862.4016/1709
The Ambassador in Germany (Wilson) to the Secretary of State
[Received April 13.]
Sir: I have the honor to enclose a copy of Reichsgesetzblatt Part I, No. 45, of March 30, 1938,14 containing a law depriving the Jewish religious communities of the semi-public status they have enjoyed as “corporations under public law” (Körperschaften des öffentlichen Rechts) and reducing them to the position of private societies. An English translation of this law is likewise enclosed.14
According to information received from authoritative Jewish sources, the Jewish religious communities, or Gemeinde, have until now possessed in each city privileges in some respects similar to the established churches, receiving protection from the State and being able to depend upon the State to collect taxes for the support of their religious and welfare activities. In the same sense that the Catholic and Protestant clergy are regarded as State officials, the Jewish Rabbis also enjoyed that privilege. As a result of the law referred to above, the Jewish communities now become merely private bodies with a status similar to that of other duly registered associations (eingetragene Vereine) or clubs.
It is provided that this change shall take place as of March 31. It may be noted that the law is considered to have become law last January 1, but by virtue of the fact that it was only promulgated March 30, the Jewish communities have thus been deprived of a three months’ period of notice which might have made it easier for them to adjust themselves to the new arrangement. Application of the law to Austria remains for the time being in abeyance.
As judged by local Jewish authorities, the law may have the following effects. The Jewish Gemeinde may no longer receive, as of official right, the taxes levied upon their members by the State for the meeting of community expenses, such as the Rabbis’ salaries, the upkeep of synagogues, Jewish schools and hospitals, relief work, old age pensions of contributing members and the payment of the salaries and pensions of officials of the community. It is understood, however, that it has been intimated to the officials of the Jewish communities that they may bring civil suit against non-paying members, just as certain other private associations and clubs are entitled to bring suit for the non-payment of dues. With the former legal basis removed whereby contributions were collected as State taxes, it is feared in some quarters that many members of the Jewish communities, [Page 361] particularly in the degree that they may suffer from the pressure of official and Party economic discrimination, may refuse to pay their contributions voluntarily, and it is perceived that the collection of these contributions by court process would be a costly procedure. On the other hand, certain other Jewish authorities rely upon the esprit de corps of the Jewish community members to induce them to continue to pay as contributions the sums they formerly paid as assessed taxes. It may be regarded as of some significance, however, that the competent Government officials have stated that they will refuse to divulge the sums formerly paid to the communities by individual members as taxes which in turn were based upon a proportion of the total income tax paid to the State.
Officials of the local Jewish community perceive that the law may work another hardship in that, following the termination of their public status, the communities may be called upon to pay taxes upon their property such as synagogues, cemeteries, administrative buildings, and so forth. Certain of the communities are understood, moreover, to possess archives and art collections of historic and intrinsic value, but they may not sell these (in order, possibly, to meet rising current expenses) without the permission of the Government.
While the new law in theory reduces the Jewish communities in Germany to the private status they occupy in other countries, it is nevertheless deplored as discriminatory, if taken in relation to the position that the other religious communities enjoy as established churches, and it is counted upon to hamper, to a degree that may possibly be very great, the social and welfare work of the already seriously harassed Jewish Gemeinde.
Respectfully yours,