No. V-0030 (1947).

Case DateFebruary 17, 1947
CourtTexas
Texas Attorney General Opinions 1947. No. V-0030 (1947). 1February 17, 1947Honorable Maureen MooreCommissioner, Bureau ofLabor StatisticsAustin, TexasOpinion No. V-30Re: Inasmuch as the President has by proclamation declared an end of hostilities, does that also mean that the state of national emergency has ceased to exist?Dear Mrs. Moore:Your request for our opinion on the above captioned matter has been received by this department. We quote from your letter as follows:
"Section 6 of the Nine, Fifty-four Hour Law, enacted by the 48th Legislature, authorizes the Labor Commissioner to grant certain exemptions from the Nine, Fifty-four Hour Law 'in time of war and/or when the President of the United States proclaims a state of national emergency to exist.'
"Inasmuch as the President has by proclamation declared an end of hostilities, does that also mean that the state of national emergency has ceased to exist?"
Section 6 of the Nine, Fifty-four Hour Law, referred to in your letter, sets forth certain exceptions during war or national emergencies. Section 9 of this law deals with the authority of the Commissioner of Labor Statistics to make an order granting an exemption in time of war under certain conditions. We are confining our opinion to the meaning of "in time of war" and to your question of whether or not the state of national emergency has ceased to exist, inasmuch as the President has by proclamation declared an end of hostilities. Title 38, Chapter 12, Sec. 704, U. S. C. A., provides in part as follows:2
"The president shall prescribe by regulation (subject to the provisions of section 701(e) of this title) the date of the beginning and of the termination of the period in each war subsequent to the Civil War, including the Boxer Rebellion and the Philippine Insurrection, ..."
As stated to you in opinion No. 0-7368, approved October 25, 1946, this department has held in several opinions that a war is not concluded in the legal sense until some formal action by a competent authority terminating the war and re-establishing peace is had. The 77th Congress of the United States, by joint resolution, formally declared a state of war between the United States and certain foreign governments. On May 27, 1941, by proclamation 2487, 1 CFR, Cum. Supp., 2.1, the President proclaimed a state of unlimited national emergency to...

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