Legal Dispute After Karl Germer's Death

Legal Dispute
After Karl Germer's Death

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Karl Germer Manifesto Oriflamme Ordo Templi Orientis

Summary:

On 9th February, 1963, Hermann Joseph Metzger sent a bilingual summons — witnessed by the American Vice-Consul in Zuerich — to Sascha Germer, demanding that all Order properties be sent to Switzerland; following this up by sending her a remittance of two hundred dollars to cover postal expenses. In her reply, Sascha pointed out that she had inherited all her husband’s property, but that Friedrich Mellinger had been named as her co-executor in O.T.O. matters. The trouble was that Frau Germer had lost touch with Mellinger twelve years before; she wrote to her lawyer, Mr. Chisholm, that Metzger would have “to fight for himself.” But, “After long and careful study of all Files and after Experience of 20 years of O.T.O. work I have to say that to the best of my knowledge, he [Metzger] is the only one who has all the Rights to be the next O.H.O.” [Sascha Germer to Chisholm, letter of 20.3.63: “I have no Personal Interest in Mr. Metzger.”]

Metzger’s communications began to take on a harsher tone: “Whether or not it is a case of simple misunderstandings and possible intrigue, does not interest us in the slightest [...]. We are forced to summons you [...]. We are the only successors [...]. God be with you.” Finally, Frau Germer went through her husband’s documents and came to the conclusion that “Frater Saturnus’ [i.e. Karl Germer’s] Will and Wish was: that Frater Paragranus [i.e. Metzger] takes the Heavy Burden off his shoulders.”

Metzger employed a Californian lawyer to arrange for Sascha Germer to send him the original documents (which Crowley had earlier forwarded to Germer); he also informed Sascha that his status as X° was now a fact, since the pre-conditions — the founding of eleven ‘profess-houses’ in an O.T.O. Province — had now been fulfilled in Switzerland. In regard to the office of X°, the Swiss O.T.O. considered Crowley’s Liber CXCIV of 1919 to be effective when there were 11 Profess Houses in a country. In the absence of such, the ‘Caliphate’ considered that every IX° was to be a Profess House. [Phyllis Seckler to Grady Louis McMurtry, letter dated 1 June 1983.]
The Swiss ‘Gnostic Mass’ was celebrated regularly; likewise, seminars and degree workings were undertaken: “2nd and 4th Friday in the month 0[°] Minerval; first Friday in the month1[°]; third Friday in the month 2[°]. In months with a fifth Friday, 3[°] and P.M. The higher degrees are not always worked regularly, excepting the Gnostic Sanctuary which is attended every Sunday in the Abbey of Thelema.”

After Sascha’s lawyer discovered Mellinger’s whereabouts and informed him he was an executor (on 25th September, 1963), Mellinger had sharp words to say of Metzger’s “sham election.” According to Metzger’s former confidants, Mellinger’s aversion to Metzger stemmed solely from Metzger’s many conquests among the fair sex. [Markus Kumer, a member of Metzger’s inner circle, conversation on 16.9.91.]
Possibly after Mellinger failed to find a successful place in the growing theatrical worlds of Berlin and Munich, as a cultured, educated, and previously energetic man he simply seems to have got bored with the Thelemites. Germer complained at Mellinger’s overbearing manner towards the semi-literate members of the 2nd Agapé Lodge. Not surprisingly, Mellinger who was used to moving in very cultured circles, was easily bored, even by Germer who admittedly did “not read books” (letter to Mellinger 8 July 1951). Likewise Crowley to Henri Birven: “I am very ignorant of all that concerns literature. I have read exceedingly little,” [13.12.29].
Mellinger's opinion, given on 25th September, 1963, was terse and to the point when he told his lawyer that Metzger and Frau Germer had apparently “violated [...] the Will of the deceased.” First, nobody had ever asked him whether he would have voted for Metzger as O.H.O., and second, Metzger’s only authority for his appointment was his excessive egotism. [Mellinger to Chisholm, letter of 25.9.1963.]
This belief of Mellinger’s was later used by the ‘Caliphate’ as justification for not accepting Metzger as a member of the O.T.O., despite the fact they stated that Mellinger’s judgements about other people has, “been found incorrect and unreliable.” [Max Schneider’s diary for 8.7.1943, quoted in ‘The Thelema Lodge Newsletter’, August 1992. Crowley to Germer: “I rather doubt Frederic’s judgement,” 29.11.44 and “I must say that I don’t think much of Frederick’s judgement,” 24.1.45.]

For the lawyers, the case was clear; any further legal action would be “entirely useless.” [Chisholm to Mellinger, letter of 1.11.63.]
Metzger’s lawyer made one final (but futile) foray and meant to Frau Germer that “Your late husband, Karl Johannes Germer, was a great leader of this Order and it would seem a shame for all of his works to lie in someone’s basement.” [Rickless to Sascha Germer, letter of 13.1.1964.]

Some Documents: