1

.

A ORNEY GENERAL TEXAS

December 9, 1952

,Hon, Homer Garrison, Jr., Director Texas Department of Public Safety

. CemQMabry Austin, Texas Opinion No, 

### V-1545 Re: Termination ofWorld War II for the Qur oses of S.B. 119,Acts 4 th Leg., 1943,

E; Ch. 

### 38, respectingminimum Dear Col. Garrison: age of schoolbus drivers.

Your request for our opinion reads in part as follows: "ThisDepartment 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. "SenateBill 119, 48thLegislature, 194 was an amendment to Section 

### 5, ofArticle 

### 66 7b, 8 v,c,s., which latterArticle reads as follows: 'Specialrestrictions on drivers of schoolbuses and QUbliO or common carriermotor vehicles0 No person who is under the age of twenty-one (21) years shalldrive any motor vehiclewhile in use as a schoolbus for the transportation of pupils to OF from school,nor any motor vehislawhile in use as a public or common carrier of pereons nor in either event until he has been licensedae 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 aaHon. Homer Garrison, Jr., page 2 

### (V-1545).

chauffeursby the Department of Public Safety shallbe authorieed to drive any motor vehicle while in use as a schoolbus 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 schoolbuses must be recommendedby the County Superintendent and local schoolprincipal, and all statutes now prohibiting the operation of such motor vehiclesby persons under the age of twenty-one (21)years are ,susQended until the conclusion of hostilities. Provided, however, that thisAct will not apply to drivers of vehicles operated under permit or certificate issuedby theRallroad Commission of Texas.' "The question here presentedwas submitted to the, Attorney General's Department on September 

### 4, 1945, and resul,tedin OpinionNo. 

### O-6747, approved October 

### 26, 1945, in which the opinibn was expressed thatthe present war has not yet legally concluded and cannotbe consideredas concluded In the legal sense even though actual hostflities are at an end, The Opinion went on to say: 'SenateBill 119will not expire until the Congress of the Unfted States, or the Presidentby authority of Congress, formallyproclaims the termination or conclusion of the present war.'
"Pursuant to the above Op?$ionNo. 

### 0-6747, the Driver's License Division of thisDepartment has continued to accept the fact that the provisions of SenateBill No. 119 are still in effect. "The above quoted Opinfon was Issuedprior 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.HomerOarrlsba,Jr.,page 3 (V-1545).

may have been the intent of the Legislature that the war shallhave ended for the purposes of the Act when the conditionshave 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 conditionswhich created the necessity for the relaxatfon of the ~~ovisfone of Seation 5, ofArticle 6687b, we will appreciateyour 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 thatyour question should be answered in the affirmative.

By telegramdated 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,fnwhfch you make certain lnqulrfes regarding the entry into 

### forceof the peace treaties and the termination ofWorld War II, "TheTreaty of Peace with Japan, signed at San Franchsco on September 8, 1951,was a.pproved

by the Senate onMarch 20, 1952,and ratified by the President onApril 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 InArticle 23 of the Treaty. The President on that sameday, April 28, 1952,proclafmed the Treaty and the termfnatfonof the state of war with Jepan, 0 D =

,.

,..

Hon. Homer Garrison, Jr", page 4 

### (V-1545).

"The treatles ,ofpeace with Italy, .Bulgarla, Hungary, and Rumania, signed at Paris on February 10, $947, were.approvedby the Senate on June 

### 5, 1947 and ratifiedby 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 ratificationwere deposited by the United States, theUnited Kingdom, France, and the Soviet Union, and, with respect to the Bulgarian, Hungarian, and Rumanian treaties, lnstruments of ratlflcatlonwere deposited by the United States, theUnited Kingdom, and the Soviet Union. On September 

### 15, 1947,thePresldent proclaimed each of the aforementionedpeace treaties and the'termlna~tlon of the states of war with Italy, Bulgar'ia, Hungary, and Rumania. ,~' The text of each of those proclamationsmay 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'JointResolution No. 269, approved October 19, 1951, entitled 'Joint Resolution to Terminate the State of War Between the Wnlted States a@ the Government of Germany' (PubIlcLaw 

### 181,828 .Congress)* This termination was proc'bafmed,

by the Presldent ln his proclamationNo. 2950bf,October 24,.1951,whlchmay be found on page 

### 51 ofVolume 3, 1951,tupplement, of the Code of Federal Regulations, The "presaiiat

war' (WorldWar II) which created the necessfty~

for the surpenslon of the provieions of Section 

### 5 of Artfcle 

### 6687bhaving been officially ended the provlslone of SenateB,lll. 119,Acts 48th Leg., 1943, Gh. 

### 38,p. 41,havenow 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 authorlslngpersons under 21 and over 17 years of age licensedas chauffeurs to operate. -

lion, Homer Garrison.,

Jr., page 

### 5,(V-1545).

schoolbuses 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 "Yoursvery truly,
PRICE DANIEL Attorney General

BY V. F. Taylo$ Assistant