0FFlcE 0i= THE ATTORNEY GENERAL OF TEXAS
*: AUSTIN
GROVERSELLERS
AT~~~~~~ GENERAL
Honorable .?oraer Gsrrison, Jr., Director
Texas Department of Public Safety
CampMabry
Austin, Tsxas
Attention: Driver’s License Division
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Dear Sir:
Ylo have received
which reads in part as foil
any motor ve
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transportation ~of pupils to and frown school; or any
motor vehicle in use as a public or COr:imOn carrier
of persons; providing that any person under tvrenty-
one (21) years of’ age who drives mid school buses
must be recommended by tho County Superintendent b
and 10~1 School Prinolpnl, and all statutes now
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flon;Roier &rrison, Jr., Page 2
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prohibiting the operation of such motor vehicles by
persone under the age of tvienty-one (21) years are
suspended until the conclusion of hostilities. Pro-
oided, hovrover, that this Aot will not apply to drivers
of vehicles operated under pcrnit or cartificate is-
sued by the Railroad Co;arcission OP Texas.’
“We would apprecilte very nuch receiving an
opinion .from you as to whether or not Senate Bill
No, 119 is still in affect, and if so, when it will
expire ..
“We would also like to have an opinion as to
vjhethor a license issued under the provisions of
Senate Bill No. 119 ~lou1.d be valid until the date
of expiration sho*fn on the license (one year from
date of issuanoc) or would this license terminate ’
upon the expiration of the emergency provision of .--:
Senate Bill No, 119.” .:
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Many wartins statutao, both state and federal con-
tain provisions for their termination effective upon “tie con-
clusion of the present war”, or “until the conclusion of hos-
tilities.w These tv;o terms, v;hen use& separatoly, may indicata
different times; but when the Legislature places them both in
the same statute referring to the same subject, the two pro-
visions were meant t,o indicate the same time, In ordar to
determine this time, we, shall look to the intent and purpose
of the Legislature in passing this Act and the faots existing
at the time of’ its passage. In Section 2 of Senate Eill 119,
46th LeCislature (1943)) supra, the Legislature clearly explains
the reason the Act was passed, in the following words:
?SGCtion 2. The fact that’ it is becoming in-
creasingly mora diffioult for, operators of motor
vehicles In use as oo.mon or public carriers of
persons to obtain operators twenty-one (21) years
or’. ago or over, the fa~ct that many school bu.ses
cannot now be opcrateQ in compliance wtth oW' .’
statutes, .and the crowded oondition which nou exists
in such school buses and public carriers,creatcs an
emergency and an imperative publio.neoessity that
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Ron. Homer Garrison, Jr. , Rage 3
the. Constitutional Rule requiring bills to be, read
on three several days id each house be suspended,
and the same is hereby suspended, and this Act shall
,take effect and be in force from and after its passage;
and it is so enactad.‘8
Thus it is seen that due to the necessities of the
military .and essential industry, there existed at the ‘time
this Act was passed a shortage of operators over the age oi’
twenty-one (21) years. To alleviate this condition, the Legis-
lature lOv;ered the ago limit to seventeen (17) years, and it
is only reasonable to presuns that the Legislature did not
intcnd to terminate the effect of this Act upon tha cessation
of aotual fighting in the various theaters of vi:ar because the
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existing con&ition of a shortage of bus operators would not
terminate simultaneously therewith, and the processes of..mili-
tary demobilization, the remedy for said shortaGe, oannot-’
completely transpire until many mon,ths after the actual con-
clusion of hostilities.
It is well settled that a war is not u~ncludcd in
the legal sense until some formal action by a compstent au-
thority terminstine the war an8 ro-establishing peace is ha&.
Hamilton v. Kentucky DistilJ.ories and Warehouse Company (1919)
251 II. s. 11+6* Kahn v. Anderson (1920) 255 fT. S. 1; In Ro
Hiller, (19223 201 Federal 761,,'766, 262 U. S. 760~ Vincenti
v. u. s. (1921) 272 Federal 111,; Yeisnnn v. -D. S. 11921) 271
Federal 944; The. T:rotector (lS71) 12 ‘Yall. (U. S.) 700; Xx
parts Givins (1920) 262 Redoral 702, 703; Knceland-Digelow
Company v. Llichigan Central Railroad Company (1919) 207 IZichi-
gan 546, 553; State v. Dixon (1923) 66 Montana 76, 99;
Further, it is the province of the political depart-
ment, and not of the judicial department, of the Federal Govern-
ment, to 8etormina nhen !A:ar is at an end. 20 L. cd. &63; l’er-
kins v. RoCers, 35 Ind. 12/+, 9 Am. Rep. 639; 67 Corpus Juris
429. To date, neither Con;;ress nor tb.e Fresident has formally
declared the war* s conclusion.
As specifically stated in Knccland-BiColOw Company
v. Railroad Co:apany, 207 Zichi~an 553, War, in the legal sense,
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Honorable Romcr Garrison,
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Jr., Paga 4
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, oontinues until, end terminates at the tine of, some forinal
confirclation of peace by an authority conpetent to~.proclaim
it. It is the province of the political departzen%, and not
of the judicial department, of government, to determine when
war is at an end, and a legislative act designating a psrticu-
lar day as thd, upon which a war closed should be aocepted by
$he courts,’ In the United States, the power to reestablish
peace, like that to declare via?!, rests exolusively with Con-
gress, ana the. Fresident has no such authority except as has
been given him by Congress. VI
It is our opinion, therefore, that the present war
has not yet legally concluded and cannot be considered as con-
cluded in the lee21 sense even though actual hostilities are
at an end. Senstc nil1 119 will not expire until the Congress
of the United States, or the Preddent by nuthority of Congress,
formally proclnizs the terrainstion~ or conclusion of the present
war. Answering your second question with respect to the date
of termination of the license, it is our further opinion that
said licenses terminate upon the expiration of the emergency
provisions of Senate Bill 119 at the tine indicated above.
Wo trust this satisfactorily answers your questions,
Yours very truly
ATTC!WN GEI,W?ALCO’TaXAS
L ci a-L xv 4s
BY
BY
4” Eugene Alvis
Assistant
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