0FFlcE 0i=THE ATTORNEY GENERAL OF TEXAS

*: AUSTIN **GROVERSELLERS AT~~~~~~**  **GENERAL** Honorable .?oraer Gsrrison, Jr., Director Texas Department of Public Safety Camp Mabry Austin, Tsxas Attention: Driver’s License Dear Sir: Division c\

Ylohave received which reads in part as foil

anymotor ve

transportation ~ofpupils to andfrownschool; or any . . motor vehicle in use as a public or COr:imOn carrier of persons; providing that any person under tvrentyone (21) years of

’ age whodrives mid school buses must be recommended by tho County Superintendent b and 10~1 School Prinolpnl, and all statutes now

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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. Prooided, hovrover, that this Aot will not apply to drivers of vehicles operated under pcrnit or cartificate issued by the Railroad Co;arcission OPTexas.’

“Wewould apprecilte very nuch receiving an opinion .fromyou as to whether or not Senate Bill No, 119 is still in affect, and if so, whenit will expire

.. “Wewould also like to have an opinion as to vjhethor a license issued under the provisions of Senate Bill No. 119 ~lou1.dbe 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.” .: Manywartins statutao, both state andfederal . .. :contain provisions for their termination effective upon “tie conclusion of the present war”, or “until the conclusion of hostilities.w These tv;o terms, v;henuse&separatoly, mayindicata different times; but whenthe Legislature places themboth in the samestatute referring to the samesubject, the two provisions were meant t,oindicate the sametime, In ordar to determine this time, we,shall look to the intent and purpose of the Legislature in passing this Act andthe faots existing at the time of

’ its passage. In Section 2of Senate Eill 119, 46th LeCislature (1943)) supra, the Legislature clearly explains the reason the Act was passed, in the following words:

?SGCtion 2. Thefact that’ it is becoming increasingly 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 manyschool bu.ses cannot nowbe opcrateQ in compliance wtth oW' .’ statutes,
.and the crowded oondition which nou exists in such school buses and public carriers,creatcs an emergency andan imperative publio.neoessity that ’

:Ron. HomerGarrison, Jr. , Rage 3

- . the. Constitutional Rule requiring bills to be,read

on three several days id each house be suspended, and the sameis 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 waspassed a shortage of operators over the age oi’ twenty-one (21) years. To alleviate this condition, the Legislature 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 upontha cessation of aotual fighting in the various theaters of vi:arbecause the existing con&ition of a shortage of bus operators would not terminate simultaneously therewith, and the processes of..military demobilization, the remedy for said shortaGe, oannot-’ completely transpire until manymon,thsafter the actual conclusion of hostilities.

It is well settled that awar is not u~ncludcd in the legal sense until some formal action by a compstent authority terminstine the war an8 ro-establishing peace is ha&. Hamilton v. Kentucky DistilJ.ories andWarehouse Company(1919) 251 II. s. 11+6*Kahnv. Anderson (1920) 255fT.S. 1; In Ro Hiller, (19223 201 Federal 761,,'766,262U. 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 Companyv. Llichigan Central Railroad Company(1919) 207 IZichigan 546, 553; State v. Dixon (1923) 66Montana 76,

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Further, it is the province of the political department, and not of the judicial department, of the Federal Government, to 8etormina nhen !A:aris at an end. 20

## L. cd. &63; l’erkins v. RoCers, 35 Ind. 12/+, 9Am.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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# . I Honorable Romcr Garrison, Jr., Paga 4 I

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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%, andnot of the judicial department, of government, to determine when war is at an end, and a legislative act designating a psrticular day as thd, upon which awar closed should be aocepted by $he courts,’ In the United States, the power to reestablish peace, like that to declare via?!, rests exolusively with Congress, ana the Fresident has no such authority except as has

. been given himby Congress. VI

It is our opinion, therefore, that the present war has not yet legally concluded and cannot be considered as concluded 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.

Wotrust this satisfactorily answers your questions, Yours very truly ATTC!WN GEI,W?AL CO’ TaXAS



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4” xv 4s EugeneAlvis Assistant

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