State Dept. Mum on Charges It Opposes Punishment of Germans for Crimes Against Jews

The State Department refused yesterday, when queried by the Jewish Telegraphic Agency, to make any comment on the charge by Herbert C. Pell, American representative on the United Nations War Crimes Commission, that he has been prevented from continuing his work on the Commission because of the fact that some officials in Washington were dissatisfied with his demand that the Germans be punished for their crimes against German Jews.

Interviewed here today by the JTA, Mr. Pell indicated that there are forces in the State Department who oppose the United States Government taking responsibility for punishing Nazi crimes against the Jews of Germany.

“I have advocated serious punishment of large numbers of persons responsible for atrocities,” he stated, “I have been dropped from the Commission manifestly, because somewhere there was dissatisfaction with my work. The thing I worked at most was the prosecution of these who persecuted people in Germany on grounds of race and religion. In spite of international law, I believe this persecution to be a crime against humanity. I believe it should be punished for a great many reasons, one of which is that the persecution of minorities is the easiest method of founding a tyrannical and lawless government.”

Mr. Pell said he had opposed the Ku-Klux-Klan in 1924 with conspicuous vigor, and in 1936 joined in the effort to prevent the United States from taking part in the Olympic games in Nazi Germany.

AMERICAN JEWISH CONFERENCE URGES PELL BE RETAINED

The American Jewish Conference, in a telegram sent today to the State Department, demanded that Pell be enabled to return to London as American representative on the War Crimes Commission as soon as possible. It praised Mr. Pell’s work on the Commission. At the same time, the Hebrew Committee of National Liberation issued a statement declaring that it has learned with “regret” that Mr. Pell is not returning to London and urging “that the Government of the United States issue a declaration proclaiming that crimes committed against Hebrews in Europe, irrespective of the territory on which the crime is committed or the citizenship or lack of citizenship of the victim at the time of death, be considered as war crimes and punished as such.”

Mr. Pell, according to an announcement last Thursday by the State Department, will be replaced by Lt.Col. Joseph V. Hodgson of the U.S.Army. The announcement said that Pell will not return to London to continue his work on the War Crimes Commission because Congress refused to appropriate the necessary funds. It was emphasized that Lt.Col. Hodgson’s expenses will be covered by the Army and need no approval by Congress.

Commenting on the announcement of the State Department, on Friday, Mr. Pell said:” It is just damned nonsense that the reason for not returning me to London is lack of money. I have offered to serve for nothing, but have been told that it was illegal to accept gratuitous services.”

Mr. Pell emphasized that he had had great difficulties in attempting to get the War Crimes Commission to agree to take jurisdiction over crimes committed by the Germans against their Jewish nationals. That.” he declared, “aroused great dissatisfaction among officials who contend that such a course is contrary to international law – that is, that what a country does to its people is its own business. I “don’t think it is the Germans’ own business. I am certain that the President does not think so, and I know that a great many Americans don’t feel that way, Technical students of international law may feel that way, but that’s all.”

Speaking of it -Col. Hodgson, former Attorney General in Hawaii, Mr. Pell said: “I think Hodgson would support the same policies that I have. He has been a tower of strength in supporting the things we have sought on the commission. He was not directly involved in the Jewish question, however, having come to London only in the middle of last year.”