Evening star., 1945-08-24
Wars Official End
Seen Moot Question
Congress Must Pass Resolution
First, Observer Points Out
By Dauid Laurence

First, Observer Points Out
By Dapid Laurence
When will the war end "oflcially"7
This is likely to become the most con-
troversial question before the country
very soon. Many statute has In 1t a
provision which terminates wartime
powers or appropriations whenever the
President by proclamation declares the
state of war to have ended. Some of
the statutes specifically stipulate that
hostillties may be considered as offl-
cially ended if Congress passes con-
current resolution" earlier than the
Presidents proclamation.
1nasmuch as concurrent resolution"
does not require presidential signature
and hence cannot be vetoed, it could
mean that Congress, If it desired, might
terminate hostilities off1cially and thus
require the President to issue his proc
lamation even If he were disinclined to
do so. But this is entirely different from
a formal declaration of "the end of the
war"
difference of opinion between the
President and Congress on this point
occurred after the last war. Due to the
failure of the Senate to ratify the Ver-
sailles Peace Treaty in 1920, the Con-
gress, which was Republican, passed
'joint resolution declaring a state of
peace. This required a presidential
signature to be effective.
Vetoed by Wilson.
But President Wilson, Democrat, ve-
toed the resolution. Only when Presi-
dent Harding, Republican, came into
power in 1921 was Joint resolution"
many passed by Congress and signed
at the White House on July 2, 1921.
This was two and a half years after
the cessation of hostilities.
Similar delay this time would not
necessarily be due to a difference over
ratification of a treaty but might re-
suit from the delays in writing any
peace treaties. Thus, until Germany
has reformed and established govern
ment satisfactory to the Allies, there can
be no peace treaty with Germany. This
is one of the reasons why Russia is
having her own way about using Ger
man prisoners of war for forced labor.
The American point of view expressed
at the time of the Yalta Conference
was against forced labor, but since no
treaty Of peace or state of peace has
been proclaimed, the German troops
now in Russia's hands can be compelled
to work just as the prisoners were used
elsewhere during the period of HOSTILE
ties.
A state of peace cannot be proclaimed
with respect to the war against Japan
either until a treaty has been signed
with some recognized government in
Tokyo. just when this will be is any
body's guess, but it might be two or
three years.
Hence, the law which requires Amer
ican soldiers and sailors to be discharged
six months after state of peace is Of
ficially proclaimed can continue to be
effective until such time as Congress
decides TO repeal it and the President
approves or until such time as the Con-
gress and the President wish to super
sede this with some legislation cover
ing the draft of troops for the American
armies occupying Germany and Japan.
Job Of Policing Japan.
If Congress repealed the present law
and passed 1t over a presidential veto,
the Army and Navy would have to de-
mobilize before the job of policing Ja-
pan and Germany was completed. There
has been much talk about winning the
peace" but the persons who are de-
manding that the draft cease and that
no provision be made for replacing the
discharged servicemen do not realize
that they would compel our troops to
be Withdrawn from Japan and Germany
long before a peace treaty is signed or
the task of enforcing the terms of un-
conditional surrender has been con-
summated.
Some interim legislation will have to
be provided. There will either have to
be volunteer army or modified form
of the draft, tied up with universal mill
tary training or some plan, to delay
discharges over period of 18 months so
as to retain enough men in the oc-
cupying armies if the volunteer system
does not provide enough replacements.
But the official state of peace, by proc
lamation, will not be forthcoming until
Congress has passed legislation salts
factory to the President to cover the
transition period between the cessation
of hostilities and the final proclamation
of state of peace.
Reproduction Rights Reserved)