Evening star. [volume] (Washington, D.C.) 1854-1972, 1919-12-15

act expire by limitation before the
commencement of these suits? The
period therein described IL until the
conclusion of the present war and
thereafter until the termination. of
rehabilitation, the date OF which
by the President of the United States
1t is contended both that the war has
been concluded and that the demobf-
lization has terminated.
I'm the absence of specific provi-
sions to the contrary, the period OF
war has been held to extend to the
ratification Of the treaty of peace or
the proclamation of peace. From the
fact that other statutes concerning
war activities contain each a speclnc
provision for determining when 1t
shall cease to be operative, and from
the alleged absence of such provi-
sion here. il is argued that the term
conclusion of the war should not be
given its ordinary legal meaning:
that. instead, it should be construed
as the time when actual hostillties
ceased. or when the treaty of peace
was signed at Versailles. on June %,
1919. by the American and German
representatives; or. more generally.
when the actual war emergencies
ceased by reason of our compiete VIC
tory and the disarmament OF the en-
emv coupled with the Generalization
~ our ARMY and the closing of war
activities; or when the declared pur-
nose of the act of conserving the
man power of the nation and 70 IN
crease efficiency in the proouc,ioh oi
arms. munitions. SHIPS Iooo any
clothing for the Army anu navy
shall have been fully satlsHeo'
construction Not Juatihed.
"Eut there is nothing in the words
used to Justify such a CONSTRUCTION
Conclusion of the war clear! oiu no.
,nean cessation of hostilities. because
the act was approved ten days AFTER
hostiIities had ceased upon the sign
ing Of the armistice. Nor may we as =
sumo that Congress INTENDED by inc
phrase to designate the date When 'he
treaty of peace shoulo De ineu
Versailles or elsewhere by German
and American Representatives, since
by the Constitution treaty IL only
proposal until approved by the SEN
ate.
Furthermore. to construe 'conclu-
sion of the war as meaning tne
tual termination of war activities
would leave wholly uncertain the
date when the act would cease to be
operative whereas Congress evlnced
here as in other war statutes. cit II
purpose that the date OF eXpIrat on
should be definitely hxed. me reason
WHY this was not directed to be done
by proclamation of peace is made
clear by the use of the word there
after 1t was expected that the CON
clusion of the war would precede the
termination of capitalization Con-
gress, therefore. provided that the
time when the act ceased to be oper-
alive should be fixed by the Presi-
dents ascertaining and proclaiming
the date when rehabilitation had
terminated"
No Room for Construction.
1T is insisted that he has done SO.
The contention does violence to both
the language and the evident purpose
of the provision. The date of which
shall be determined and proclaimed by
the President is a phrase so definite
as to leave no room for construction.
This requirement cannot be satisfied
by passing references in messages to
Congress. nor by newspaper inter-
views with high officers of the Army
or with officials of the War Depart
ment.
"When the President mentioned in
his veto message the rehabilitation
of the Army and Navy the words
were doubtless used in popular
sense. just as he had declared to Con-
aress. on the occasion of the signing
of the armistice: The war thus comes
to an end If he had believed on
October IS. 1919. that rehabilitation