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 4 E; 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 oplnion from your office as to whether or not the 

present war has so concluded as to terminate 

the provisions of Senate Bill 119, 48th Legislature, 1943. 

"Senate Bill 119, 48th Legislature, 194 

was an amendment to Section 5, of Article 66 8 7b, 

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 transportation 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 transportation of pupils to and from school, 

or any motor vehicle in use as a public or common carrier of QePSOnS; Qroviding that any person under twentyone (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 ,susQended until the conclusion of hostilities. Provided, however, that 

this Act will not apply to drivers 

of vehicles operated under permit 

or certificate issued by the Rallroad Commission of Texas.' 

"The question here presented was submitted 

to the, Attorney General's Department on September 

4, 1945, and resul,ted in 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 provisions 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 lnqulrfes 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.pproved by 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 Fnstruments of ratfffoatfon as provided In Article 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, .Bulgarla, Hungary, and Rumania, signed at Paris 

on February 10, $947, were.approved by the Senate on June 5, 1947 and ratified by the Presldent 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 Bulgarian, Hungarian, and Rumanian treaties, lnstruments of ratlflcatlon were deposited by the 

United States, the United Kingdom, and the 

Soviet Union. On September 15, 1947,the Presldent proclaimed each of the aforementioned peace 

treaties and the'termlna~tlon of 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 proclamation 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 ended the provlslone of Senate B,lll. 119, Acts 48th Leg., 

1943, Gh. 38, p. 41, have now gxpfred, 

World War II was offlcia1l.y terminated 

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 

APPROVED ” 

William S. Lott" 

State Affairs Division 

Mary K. Wall 

Reviewing Assistant *. 

Charles D. lriathews 

Fkrst Assistant 

"Yours very truly, 

PRICE DANIEL 

Attorney General 

BY 

V. F. Taylo$ 

Assistant