Untitled Texas Attorney General Opinion

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