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CONTENTS

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Hon. J. Henry Neale, general counsel, Navy Department_

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Letter from the National Association of Postal Supervisors, John A. Mc-
Mahon, first vice president__

118

Hon. Stephen J. Spingarn, assistant general counsel, Treasury De-
partment_

162, 164

Wartime and emergency statutes affecting Treasury Department_
Permanent statutes, operative only in time of war or emergency, the
powers under which the Navy no longer needs in the present war...
Temporary statutes which the Navy no longer needs in the present war__

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CESSATION OF HOSTILITIES, TERMINATION OF

THE WAR AND EMERGENCIES

MONDAY, MAY 27, 1946

HOUSE OF REPRESENTATIVES,

SUBCOMMITTEE No. 4 OF THE COMMITTEE ON THE JUDICIARY,

Washington, D. C. Subcommittee No. 4 of the Committee on the Judiciary met in the committee room, Old House Office Building, at 10 a. m., Hon. Sam Hobbs, subcommittee chairman, presiding.

Other members present were Hon. Michael A. Feighan, Hon. Frank L. Chelf, Hon. Clarence E. Hancock, Hon. Raymond S. Springer, and Hon. Frank Fellows.

Mr. HOBBS. The committee will come to order.

The resolutions under consideration are as follows:

[H. Con. Res. 85, 79th Cong., 1st sess.]

CONCURRENT RESOLUTION

Resolved by the House of Representatives (the Senate concurring), That September 2, 1945, is hereby declared to be the date of the termination of hostilities in the present war.

[H. Con. Res. 86, 79th Cong., 1st sess.]

CONCURRENT RESOLUTION

Resolved by the House of Representatives (the Senate concurring), That September 2, 1945, is hereby declared to be the date of the termination of hostilities in the present war.

[H. Con. Res. 91, 79th Cong., 1st sess.]

CONCURRENT RESOLUTION

Resolved by the House of Representatives (the Senate concurring), That August 14, 1945, is hereby declared to be the date of the termination of hostilities in the present war.

[H. Con. Res. 98, 79th Cong., 1st sess.]

CONCURRENT RESOLUTION

Resolved by the House of Representatives (the Senate concurring), That the limited national emergency proclaimed on September 8, 1939, the unlimited national emergency proclaimed on May 27, 1941, and the hostilities known as World War II are hereby declared to be terminated.

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[H. Con. Res. 132, 79th Cong., 2d sess.]

CONCURRENT RESOLUTION

Resolved by the House of Representatives (the Senate concurring), That the date of the cessation or termination of hostilities in any and all wars in which the United States has been engaged at any time since December 7, 1941, and the date of the termination of such wars, is hereby declared to be the 7th day of December 1945 for all purposes, irrespective of any method heretofore prescribed by or under authority of law for the determination or fixing of such date of cessation or termination.

[H. Con. Res. 133, 79th Cong., 2d sess.]

CONCURRENT RESOLUTION

Resolved by the House of Representatives (the Senate concurring), That the date of the cessation or termination of hostilities in any and all wars in which the United States has been engaged at any time since December 7, 1941, and the date of the termination of such wars, is hereby declared to be the 7th day of December 1945 for all purposes, irrespective of any method heretofore prescribed by or under authority of law for the determination or fixing of such date of cessation or termination.

[H. J. Res. 245, 79th Cong., 1st sess.]

JOINT RESOLUTION To declare September 2, 1945, as the date of the cessation of hostilities in the present war

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the date of the cessation or termination of hostilities in any and all wars in which the United States has been engaged at any time since December 7, 1941, is hereby declared to be September 2, 1945, for all purposes, irrespective of any method heretofore prescribed by or under authority of law for the determination or fixing of such date of cessation or termination.

[H. J. Res. 272, 79th Cong., 1st sess.]

JOINT RESOLUTION To declare December 7, 1945, as the date of the cessation of hostilities in, and as the date of the termination of, the present war

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the date of the cessation or termination of hostilities in any and all wars in which the United States has been engaged at any time since December 7, 1941, and the date of the termination of such wars, is hereby declared to be the 7th day of December 1915 for all purposes, irrespective of any method heretofore prescribed by or under authority of law for the determination or fixing of such date of cessation or termination.

[H. J. Res. 287, 79th Cong., 1st sess.]

JOINT RESOLUTION To declare the date of termination of the wars in which the United States has recently been engaged

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the date of the enactment of this joint resolution is hereby declared to be the date of the termination of any and all wars in which the United States has been engaged at any time since December 7, 1941. The date above specified shall be the date of the termination of such wars for all purposes, irrespective of any method heretofore prescribed by or under authority of law for the determination or fixing of such date of termination, We will now continue the hearings upon these several bills, nine of them relating to the termination of hostilities, and as Mr. Snyder, Director of War Mobilization and Reconversion, is present, we will hear him at this time. I understand he had some very important

matters of an emergency nature going through his office, and we will take him first and then let him return to his office as soon as he has completed his statement.

So if there is no objection, Mr. Snyder, we are delighted to have you back with us. We will appreciate any testimony you care to give at this time as of the moment.

STATEMENT OF HON. JOHN W. SNYDER, DIRECTOR OF WAR MOBILIZATION AND RECONVERSION

Mr. SNYDER. Gentlemen, last fall I appeared before this committee and urged that it would be inappropriate at that time to declare a cessation of hostilities or a termination of the emergency or of the war. Conditions then did not factually justify such a declaration, and the result of such action would have been to terminate important war statutes urgently needed in the period ahead.

As an alternative to a blanket declaration terminating war statutes it was suggested that the committee consider the particular statutes involved on an individual basis, with a view to revoking those which were no longer needed in the war effort. It was agreed that my office would undertake, in cooperation with the various interested agencies, to study the particular statutes involved and make recommendations to the committee with respect to those which could be repealed.

Following the hearing last fall my office submitted to the committee from time to time reports listing the statutes involved, the agencies interested, and recommending as to each statute that it be retained, repealed, or otherwise handled. This material was divided into three groups: Group I consisted of the statutes dependent upon the termination of hostilities; group II consisted of the statutes dependent upon the termination of the emergency, either the limited emergency declared September 8, 1939, or the unlimited emergency declared May 27, 1941; and group III was composed of the statutes dependent upon the termination of the war.

The material submitted to the committee with reference to the group I statutes those dependent upon the declaration of a cessation of hostilities-included all statutes in this category. Supplemental material with reference to the group II and group III statutes is in preparation and will be made available to the committee shortly. Reviewing the situation as it now stands, I am still very strongly of the opinion that the time has not arrived when we can safely proclaim that either hostilities, the emergency, or the war have, in fact, ended. This view is completely confirmed by an examination of the effect that such a declaration would have upon important war powers. While there are a number of powers which are no longer necessary and could be safely dispensed with at once, there are others which remain essential for the period ahead.

Most significant among these is the emergency industrial disputes legislation which the House of Representatives passed on Saturday and which would expire 6 months after the end of hostilities. Furthermore, that same emergency legislation is dependent upon certain provisions of the War Labor Disputes Act and the Selective Service Act which would be nullified immediately by a declaration that hostilities had ceased.

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