Hone Gibb Gllchrist Opinion No. V-1540

Chancellor Texas A, & Mu!

College Re; Applicability of Article System 2654b-1 to exemption from College Station,Texas tultlon of certainveterans who served ins

the Armed Forces subsequentto Juiy Dear sir: 25,, 19’+7&

We refer to,

your 7.%qug%~t

far tul o.pinion

af th; 2 a Off$3w rpame;m~+ when wrwau wsu: ,xX nyty he ocmp ar~erea lega~$&jf

txm~fiateufw gwpuoseaa$ Seotidn 3 of hrtjole 2654b-1.h VH%W?% CL%%% Statute@, the Ye$sran oalleqe+e twmp~~%sh stWut;*z:

You state that the 8&h Oongress in Public.

Further, you advise that fb&lowing?:fhgenactment of FUbl1c,

I&w 23q,,

,the four colleges in the Texas A,. & MI: College System have exempted from tuition only those veteranswho entered ,the armed service prior ‘to July E5$ 1947, the effectivedate of that 9awi and’who
were .okherwlse

el,lglble

j A+. & M. Collegehas decently reoe,,Wed

m~%r;es from a young ex;serviceman who entlasW$

the aa%@d servloes subeequent~ to J&y ‘25,

3,F)47i r&qawWrig ~ar@und of the fees he pahlg, !&Cb3 lyi3

#tab3 ent?olWdat A, & $L Collega “from September 1950 .to Feljruarg

X952 lncludfngthe summer of 1951.” He has pointed out that he,is now enrolled In another State ,collegs

¶,p !k?xas which is exemptinghim from the paymant of feea*In oonneotldn with theee matterayou iiubmlt for our opinion the followingquestIon: ‘What date ahould be used for the terminationof the period of servloe for which the tulticn exemption is authorized In Section 3 of Article 265&b-l?

Article 2654b-1,Vernon’s Civil Statutea,providee in part as follows:

‘Seotlon1. The govern1 board of the several institutiona of 00 leglate rank, T rupparted in whole or In part by public f&d% appropriated from the State Treaewy, ar’e her&by authorloedand dlreoted to exoept and exenipt

all oitleeneof Tern--- who have resided UT xa for a period of not less than twelve X2 months prior to the dateof ,’

1 f reglstrati’on,

and who served during the Spariieh-American **aRd/or** during the World War a8 nurses or in the armed Poroes of the Unnited Stattie during the World War, and who are honorablydischargedtherefrom,from the payment of all duee, fees and c,harges whatsoever, including fees for correapondenoe,,.,couraea; provided however, that the foregiSingexemption ehail not be oonatruedto aPply to deposlte, such a8 library,or laboratorydeposits, ‘Phe gqverningboards of said lnetitutlons I& &3 $t Uhall be their duty to require evwg applsoantclaiming the benefit of.the above exemptlonto eubmlt satisfactory‘evldenoe that the applioant le a citizen of Texae and 18 otherwiseentitled to said exemption.

. . .’
3[h 1943 Article 2654b-1was amended by adding thereto a ndw seo&Mn whiah r&ads in p~tr

‘%eo.tYon.Q~,

4.11 the’. above and Poregoing provislOns qondi’tlbns and betiefl%s

herelnabove in t&s A&Sole ~p~~ik&ied .ti Seo$‘ion.

1 ‘a shall apply atid atiortie to Wei ‘Banefi‘ts of’& ntirses &mbere af ths Women~e~~Arcmy Aud.laxy Uo&s, W&nents,~AuxkXLi&?q XQIun$eer Emergenoy Servloe,and ali metiers of the Unlted States acme4 foraes re ardleda .df. whether members of the Uti&d &at+3 Army’oti

l . w Navy or a

. . Coaet uumd, who have,Hon, Qibb GIlchrIst,page 3 (v-1540)

or are now serving, or who may after the **pi?as** sage af this Act. serve in the armed ~forcee of

xn 1945, Artiole 2654b-1 was again amended **by** the additldh of a new section whkch reads In part aa followB:
“Section '4. me exemption from the payment of dues, fees.and charges as provided hereinabove‘inSection 1 and Seotlon 3 of th18 Article shall not apply to or Include' honorably dischargedmembers of such United States Armed Forces, or other person8 herelnagove named, 'who

are eligible for educationor trainitig

benefits providedby the United States Oovernmentunder Publla Law No.".16, 78th Congreati flocatlonal rehabilltant87, or amendments thereto, or,

under Public Law. 30. 346, 78th

co bill ess Bor1.d War IT "GIIL" educational
“es. Fed&l or amendmentsthereto, or any oth,er

legislationthat may.be in force at, the tlm6 of registrationIn ’ the oollege con- .~ oerned of such ex-serviceman or woman. * c c"

Under Article 2654b-1,as amended;*any World War Ii vet&ran who served in the armed forces of the United States,who is a citizen of Texas and otherwise **ell&ble** thereunder,ie entitled to claim the exemption benefit& of that statute, provldedhe is not eligible for educational

benefitsmade availableby the fIovernment in Public Law 16 or 346, 78th Congress, or in any other Bederal legislation (e.g., Public Law 550 82na Coogrese)

. Attry Oen. Ops, O-7316 (1946),v-68&.(1948), v-v307 (1952).

Public Law 239, 80th Congress,provides that July 25, 1'947,

Shall be deemed the date of termi.nE+tion of any state of wati theretoforedeclaredby COn@eaS and of the national emergenciesproclaimedby the President

on September 8, 1939 and May 27, 1941, for the ~purposee of.. Public. LOW, 346, 78th **Congress,** .provldlng FederalHon. Qibb ffilchrlst, page 4 (V-1540)

War 1:-ve*erans. educational

benefits for certain World By virtue of Public Law 239, any person wno f&ret entered the armed serviceson July 26, 1947, oc thexeafter Gas rendered lnel$glblefor Pub110 Law 346 veteran educational benefits.

Law 5500 It provideseducationa !F eas has enaoted Pub110 beheflts to certain Recently, the.82ndCon

veteranswho serve or served **in** the armed force0 on or after June 27, 1950, the date of the Prealdent’6order8 for militarya&ion in South ,Xorea: 38 U.S.C*A. foil. ah. 12, Sets:901 et seq. :~The Oovernment

benefits of Publlo Law 550 tare llmlted to veteran6 of the armed aervioeaduring the Korean emergenoy. By virtue of the dates f’lxed

In Public Lawe 239 and 550, supra, a Veteran wbo,enteredthe armed serviceson OF after July 26, 1, $4 7; and who.oompleted his aervioe prior to June 26, 50, 10 providedno eduoatlonal benefitsby the Govern- ,ment under Public Law 346 or 550.

With respeat to this olaes’ofveterans,not oovered by Public Law 346 o? 550 the question arisesr For .purpoees

of a proper apbli*aGionof ‘Seetlon 3 

### 0r Artiole 2654b-1, the Texas World ,W@ ~: ,’ veteran exemptlon etatute,what Is the legal date 8 terminationof World War II? In this oonneotlonIt le to be observed. that no stat8 leglslatlon has !been%iaotedwhloh f*es the termination (late of World-War ti’for the -purposes of llr?tlole

2654b-1;’Furthermore, uhhil& ‘the-w- tern&n+ tion **date** fixed in Public Law 239” Bupra, has upealSl0 applicatiw to Federal “0.1.”benefitsaQtho&ed lo Public Law 346, and to certain other enu.merated statutes, but thi8 Aot of Congress operated to terminatethe W&T 0nXy With reapeot to the purposes speolfied therein,

You have s ,ofeducatlo

nzf geete,d that sinee the period for benefitsoonfermd~ ?J ,tertina%ed

on July 25 l@+?, br vir E Nlio Y&w ulj &~Z%%i%#& the same date should ii& t&k&n 88 &es-& Ml@. . ._

Hon. Gibb Gilchrist,page 5 (V-1540)

conform to Federal limitationson educational benefits to World War II veterans. This office has previously held that Public Law 239 has no applicationto the State exemptiona,uthorized in Arti~cle

2654b-1..Att’y Gen. Ltr. Op. addressed to Han, Ernest H. Poteet, Presidentof T;;;s College of Arts and Industries,dated Oct. 17,

. See Att’y Gen. Ltr. Op, addressed to Hon. William Ni Hensley,CriminalDistrict Attorney,Bexar. County, dated June 28, lo483

As noted in Att ‘y Gen, Op, 0-7368 (1946), this office has held in several opinions that a war Is not concluded In the legal sense until some formal action by a competentauthority terminatingthe war and reestablishing.

the peace Is had, Attry Gen, Op. O-6828 (1945),V-30 (1947);Att’y Gen. Ltr. Op,. t,o Hon. Will R. Wilson, CriminalDistrict Attorney,Dallas,County, dated October.10,1950. It Is the province of the politlcaidepartmentof the Federal Governmentto determine when war is at an end+ The .Prote;zll;; Perkins v, Rogers; d

v. Michigan C;$?~cRiv~o~, 919). Cl,t&zens

P t t [App. Dr C..1946 certr den. 329 U,d. 787); 67 C.Ji 429, War, SecI '195;

In Citizens Protective, League v1 Clark, supra, decided May 2, 1946, Associate Justice Prettymansaid:

No peace treaty has yet been ai nedbw& Germany* and a state of tiar has
no been terminatedby Act of aongrese or by Executive Proclamatlonr Cases involvlhg the terminationof other wars dispose of appellants I point, 19 1s not for the oourts to determinethe end of a war declaredby the Congressr”

In Ludecke v. Watkins, 335 U,S‘ 160, 170 (1948) the SupremeCourt of the United States saidp

“The politicalbranch of the Government has not brought the war with Germany to an end+ On the contrary, it has proclaimedthat
a ‘stateof war still exists*” Presidential Proclamation

2714, 12 Fed, Reg, 1; see Woods

v. Miller Co., supra L733 U.S. 138 b194BJ~ at p. 140; Fleming v, Mogawk Wreoklng & Lumber Co,, 331 UrS, 111, 116. ‘bq:*I’Hon. Glbb Gilchrist, page 6 (V-1540)

This opinion,which was rendered after the effective date of Public Law 239, did not refer to that enactment, but it is obvious that the court did not consider that law as having brought about a general termination of the state of war.

The 77th Congress of the United States, joint resolutionj:'formally declared a state of war by

between the United States and six foreign governments, Public Laws 328 (,Japan, Dee, 8, 1941), 331 (Germany, Dec. 11, 1941)~ 32 Italy, Dec. 11, 1941), 563 (Bulgarla, June 5, 1942

7 r; 5 4 (Hungary,June 5, 1942), and 565 (Rumania,

June 5,'1942). President'sProclamation No. 2563, 7 F-R. 5535. On September 11, 1945, the designation of World*War II was approvedas the officially designatedname for the then presentwar coveringall Its theatres. 10 F.R. 11881.

On February 10, 1947, at Paris, separate Treaties of Peace were concludedby designated Allied and AssociatedPowers, includingthe United Statesof America,with.Italy, Bulgaria,Hungary and Rumania. 50 U.S.C.A.App., p. XXI.

Each of these Treaties containeda recltal:,in;? the Preamble that the Allied and AssociatedPowers named therein

"Heve thereforeagreed to declare the oessatl.on

of the state of war and for this purpose.tooonclude the present Treaty of Peace, and have accordinglyappointedthe undersignedPlenlpotentlarles who, after pres.entatlon

of their full powers, found in good and due form, have agreed on the following proviSions:e

. .'I

Each of these.Treaties ocntainsan Article therein, similar to Article 90 of the Treaty of Peace with Ita~ly

which reads in part as follows:

"Thepresent treaty,

. . . shall be ratified by the Allied and Associated Powers. It shall come into foroe lmmedlateiy*u~on

the deposit of ratlfloationa by the Union of Soviet Socialist Republics,by the United kingdom of Great Britain and Northern Ireland,by the United States **of** Amerloa.and'b$~France&!.&an& **Qabb** OIlchrIst;page 7 (V-1540)

See Art. 38, Bul Art. 40 Rumania $aria Treaty; Art. 42, Hungary Treaty,

reaty.

These four Peace Treatieswere each **ratified** by the United States Senate on June 5, 1947* Con resslonal Record, 80th Gong.. 1st Sessco pp. 6427, 6415. **6409,** 6$20,

The 82nd Congress of the United States, by joint resolutionapprovedby the Presidenton October 19, 1951 formallydeclared the terminationof t.hgb;;,"te of war between the United States and Qermany. Law 181, 82nd Gong,, 1st Seas.; 50 U.S,C.A. App,, p,.XX Frealdentls

Proclamationa

No* 2950 was Issued pursuant theret;,o&october 24, 1951, 16 F.R. 101915; 50 ts,S.c.~, **App.;**

. .

A treaty of Peace with Japan was ,slgeed at San Franolscob.y

designatedplenipotentiaries on SBptember 8, 1951.' 50 !J

.S,i:lA: App., .p:

XIX& Cfiapter.1

of Article '1 provides:'

't(a) The state of,war between JAban and each qf the Allied Powers Is terminatedas from the.dateon which the present Treaty
comee into force between Japan and the Allied Power.concerned

as provided for in Article 23."

Article 23 of C?:apter VII, above rdPk?rred t0j provides .in

part:
"(a) The present Treaty shall be.ratifled by the States whioh nign If, Including Japan,. and will come into force for all the States which have then ratified It, when lnstrtiments

of ratification

have been deposited by Japan and by a majority, lncludln the United States of Am$rica as the print f gal occupying Power,

. . D

This Treaty with.Japanwas' ratified by the Un$$ed St$tes,

Senate on March~20, 1952* Congresalonal ' Record,~82pd'.C!or@ess,~ p.+ 2635,

By telegram $a%$ S~p.cember **4,** 19~52,

this office Inqulred of the Secretaryof State', Washington,D, C.j regaralng the entry fnto.frr@esf the above enumer-Ron,. olbb Qllohrlst,

pa&e 8 (V-1540)

ated treaties, We quote from the letter dated September 11, 1952, in answer thereto,a8 follows:

"ReferenceIs made to your telegram **Of** September 4, 1952, in which you make oertalh lnqulrkesregarding the entry Into foroe of the peace treatiesand the termination of World War II.

"The Treaty of Peace with Japan, signed at San Franciscoon September 8, 1951, waa approvedby the Senate on March 20, 1952 and ratified by the Presidenton April 15 19%. The Treaty came Into foroe on April 26, 1952, the date on which a.majorltyof.the States, IncludLngthe United States, deposited lnatruments of'ratlfloatlon as provided In Article '~ **23** of the<Treaty. The Presidenton that Bane day, Appll 28, 1952, proclaimedthe Treaty and the terminationof the state of war with Japan.

. . . "The treaties of peace with Italy, Bulgaria,Hungary, and Rumania, signed at Par18 on February 10, 1947, were approved by the Senate on June 5, 1 47, and ratified by the Presidenton June 1 ! 1947. The treaties

came Into force on Septkiber 15, 1947, the date on which, with respect to the Italian treaty, instrumentsof ratlflcationweie depoeltedby.the United States, the United kingdom, France,,

and the SovietUnion, and, with respect to the Bulgarian,Hungarian,and Rumanian treaties, Instrumentsof ratlflcatlon were depositedby the United States, the United Kingdom, and the Soviet Unlon. On September 15, 1947, the Presidentproclaimed' each of'the aforementioned peace treatiesand the terminationof the states of war with Italy, Bulgaria,Hungary, and Rumania. The text of each of those reclamations may be foupd in 61 Stat. 12%17$, 1758-1912,~1916-2062, and 2066-2227.

"The state of war between the United States and Germanywas terminatedon **October** 19, 1951, pursuant to House Joint Resolution No. 289, approvedOctober 19, 1951,~entltledHO& O&bb ailchrist,page 9 (v-1540)

&JointResolutionto Terminate the.Stateof W#? Between the United States and the Uovernment of Germany’ (PublloLaw 181,~ 826 Con-, pees) s This termination w&s proolelmedby the President In his proclamation No* 2950 of October 24, 1951i which may be found on page 51 of Volume 3, 1951 SuEplementi, of,the@c&z kf Federal Regulations+

It being within th.e .province

of the political departmentof the Federal 5overnmentto determinewhen
war legally Is at an end, we think that the war designated

as World War II was thus officiallydetarmanedto be terminated

when the Treaty of~Peacewith Japan, the last of the Axis powers, came into force, whtoh treaty, as above Indicated,came Into Yoroe on April 28, 1952w

The Legislatureof this State'nothaving offlcally deslgnatedthe date of the terminatlton of World .War II for purpose8 of Article, 265&b-1, supra, the date of. the legal terminationof a stat&of war with the owetis it Involved in World War II 1s the date that the egislaturemust have i&ended as the date of term@ation of the benefits therein afforded” Accordln ly, it a.8 the opln

if: n of this offlce that April 28, 19&i, le the date whloh s ould be used as the date of tt?rmlnaOlon for the tuition exempt$onauthoriz*d in Section 3cof Article 2654bd1,v&,s.

@J&Y

The date which should be used for the terminationof World,War II'for the purpose of determiningellglbllity,-for the tuition exemptionauthorizedWorld War II veterans fn Section 3 of Article 2654be1, V&&3,, 18 April 28, 1952,

APPROVED:

Mary Ku Wall Reviewing Aaslstant

Charles D. Mathews First Asslatant

CEO:am