1 .
A ORNEY GENERAL
TEXAS
December 9, 1952
,Hon,Homer Garrison, Jr., Director
Texas Department of Public Safety
. CemQ Mabry
Austin, Texas Opinion No, V-1545
Re: Termination of World War II
for the Qur oses of S.B.
119, Acts 4E;
th Leg., 1943,
Ch. 38, respecting minimum
Dear Col. Garrison: age of school bus drivers.
Your request for our opinion reads in part as
follows:
"This Department would appreciate an opln-
ion from your office as to whether or not the
present war has so concluded as to terminate
the provisions of Senate Bill 119, 48th Legis-
lature, 1943.
"Senate Bill 119, 48th Legislature, 194
was an amendment to Section 5, of Article 6687b,
v,c,s., which latter Article reads as follows:
'Special restrictions on drivers of
school buses and QUbliO or common
carrier motor vehicles0 No person who
is under the age of twenty-one (21)
years shall drive any motor vehicle while
in use as a school bus for the transpor-
tation of pupils to OF from school, nor
any motor vehisla while in use as a
public or common carrier of pereons
nor in either event until he has been
licensed ae a chauffeur.’
"Emergency Senate Bill No0 119 reads as fol+-
l!.ows:
‘Until the conclusion of the present
war wlth Germany, Italy and Japan,
persons seventeen (17) years of age
and over who have been licensed aa
Hon. Homer Garrison, Jr., page 2 (V-1545).
chauffeurs by the Department of
Public Safety shall be authorieed
to drive any motor vehicle while in
use as a school bus for the transpor-
tation of pupils to and from school,
or any motor vehicle in use as a pub-
lic or common carrier of QePSOnS; Qro-
viding that any person under twenty-
one (21) years of age who drives said l
school buses must be recommended by
the County Superintendent and local
school principal, and all statutes
now prohibiting the operation of such
motor vehicles by persons under the
age of twenty-one (21) years are ,sus-
Qended until the conclusion of hos-
tilities. Provided, however, that
this Act will not apply to drivers
of vehicles operated under permit
or certificate issued by the Rall-
road Commission of Texas.'
"The question here presented was submitted
to the,Attorney General's Department on September
4, 1945, and resul,tedin Opinion No. O-6747,
approved October 26, 1945,in which the opinibn
was expressed thatthe present war has not yet
legally concluded and cannot be considered as
concluded In the legal sense even though actual
hostflities are at an end, The Opinion went on
to say:
'Senate Bill 119 will not expire until
the Congress of the Unfted States, or
the President by authority of Congress,
formally proclaims the termination or
conclusion of the present war.'
"Pursuant to the above Op?$ion No. 0-6747,
the Driver's License Division of thisDepartment
has continued to accept the fact that the pro-
visions of Senate Bill No. 119 are still in effect.
"The above quoted Opinfon was Issued prior
to the decisions in the cases of Lincoln ~8.
Harvey, Tex, C-iv-App., 191 S.W,2d 764, 765,
and Victory Truck Line va. Railroad CoamiUion,
Tex. Civ. App., 207 S.W,2d 210, 216. The
Opinions in those two cases.suggest that it
Hon. Homer Oarrlsba, Jr., page 3 (V-1545).
may have been the intent of the Legislature
that the war shall have ended for the purposes
of the Act when the conditions have ended which
created the necessity for the passage of the
Act.
"In view of the above and in view of
the passage of time and the termination of
the conditions which created the necessity for
the relaxatfon of the ~~ovisfone of Seation
5, of Article 6687b, we will appreciate your
reconsideration of the question which we here
re-state as follows:
'Has‘World War II so concluded as to
terminate the provisions of Senate
Bill 119, 48th Legislature, 1943?'"
We are of the opinion that your question should
be answered in the affirmative.
By telegram dated September 4, 1952, this
office inquired of the Secretary of State, Washington,
D.C., regarding the termination of a state of war with
Germany, Italy, Japan, and other Powers against which
war had been declared by the United States. We quote
from the letter dated September 11, 1952, in answer
thereto, as follows:
"Reference Is made to your telegram of
September 4, 1952,fn whfch you make certain ln-
qulrfes regarding the entry into force of the
peace treaties and the termination of World
War II,
"The Treaty of Peace with Japan, signed
at San Franchsco on September 8, 1951, was
a.pprovedby the Senate on March 20, 1952,and
ratified by the President on April 15 1952.
The Treaty came Into force on April 28, 1952,
the date on which a majorfty of the States,
including the United States, deposited Fn-
struments of ratfffoatfon as provided In Ar-
ticle 23 of the Treaty. The President on
that same day, April 28, 1952, proclafmed the
Treaty and the termfnatfon of the state of war
with Jepan, 0 D =
,.
,.
.
Hon. Homer Garrison, Jr", page 4 (V-1545).
"The treatles ,of peace with Italy, .Bul-
garla, Hungary, and Rumania, signed at Paris
on February 10, $947, were.approved by the Sen-
ate on June 5, 1947 and ratified by the Presl-
dent on June 14, l&i.- The treaties came Into
force on September 15, 1947> the date on which,
with respect to the Italfan'treatg, lnstrumen,ta
of ratification were deposited by the United
States, the United Kingdom, France, and the
Soviet Union, and, with respect to the Bulgar-
ian, Hungarian, and Rumanian treaties, lnstru-
ments of ratlflcatlon were deposited by the
United States, the United Kingdom, and the
Soviet Union. On September 15, 1947,the Presl-
dent proclaimed each of the aforementioned peace
treaties and the'termlna~tlonof the states of
war with Italy, Bulgar'ia,Hungary, and Rumania. ,~'
The text of each of those proclamations may be
found in 61 Stat. 1246-1754, 1758-1912, 1916-2062,
and 2066-2227. ~',
"The state of war between the United States
and Germany was termlnated on October 19 1951,
pursuant to Bouse'Joint Resolution No. 269,
approved October 19, 1951, entitled 'Joint
Resolution to Terminate the State of War Between
the Wnlted States a@ the Government of Germany'
(PubIlc Law 181, 828 .Congress)* This termination
was proc'bafmed,
by the Presldent ln his proclama-
tion No. 2950 bf,October 24,.1951,whlch may be
found on page 51 of Volume 3, 1951,tupplement,
of the Code of Federal Regulations,
The "presaiiat
war' (World War II) which created
the necessfty~for the surpenslon of the provieions of
Section 5 of Artfcle 6687b having been officially end-
ed the provlslone of Senate B,lll.119, Acts 48th Leg.,
1943, Gh. 38, p. 41, have now gxpfred,
World War II was offlcia1l.yterminated
on April 28, 1952, the date on which the Treaty
of Peace with Japan came into force, and the
act authorlslng persons under 21 and over 17
years of age licensed as chauffeurs to operate
. -
lion,Homer Garrison.,Jr., page 5,(V-1545).
school buses or public or common
carriers unttl the conclusion of that'
~s"~hh~,"g"~l~~~~~;(,~~~.pfli14)Acta
"Yours very truly,
APPROVED ”
PRICE DANIEL
William S. Lott" Attorney General
State Affairs Division
Mary K. Wall
Reviewing Assistant *. BY
V. F. Taylo$
Charles D. lriathews Assistant
Fkrst Assistant