including equipment with such special attachments and devices as the Administrator may deem necessary, for each veteran of World War II who is entitled to compensation for the loss, or loss of use, of one or both legs at or above the ankle under the laws administered by the Veterans' Administration, * * [Italics supplied.]

Veterans' Administration Instruction No. 1, Public Law 663, dated August 29, 1946, provides that there may be included in the total sale price of not to exceed $1,600 "Equipment such as radio, heater, etc., should the veteran desire such equipment."

In the absence of language in the act and Veterans' Administration Instruction No. 1 either permitting or prohibiting payment by the Administrator for such tractor accessories as are described in the submission, it is thought advisable to consider the question in the light of the basic purpose of the act, as indicated by statements of Senators and Representatives relative to the particular legislation under consideration here and similar proposals previously introduced in Congress.

Several of the earlier proposals of this nature did not restrict their benefits to the purchase of an automobile or other conveyance; S. 2290, introduced by Senator La Follette, S. 2309, introduced by Senator Wiley, and H. R. 6706, introduced by Representative Rooney, provided an option whereby a veteran "may be supplied, in lieu of such automobile, a payment in amount equal to the cost thereof and not to exceed the amount stated herein."

Subsequent bills did not contain the cash payment provision, but provided for an "automobile or other conveyance." One such bill, H. R. 7171, introduced by Representative Rankin, provided an automobile or other conveyance when "necessary for the use of a veteran in going to or from his employment, or place of training for employment, or in conducting, and maintaining employment or pursuing training for employment," and contained therein the statement that its purpose was "to facilitate the rehabilitation of such veterans."

Following are excerpts from the committee report on the abovementioned H. R. 7171:

"This section likewise excludes hospitalized and other veterans not engaged in employment or training for employment and excludes the granting of this benefit for pleasure purposes only, the ultimate objective being the rehabilitation of veterans by according them urgently needed assistance in connection with their employment or training for employment. As a further safeguard in achieving this objective it was thought desirable to invest the Administrator of Veterans' Affairs with considerable discretion in determining whether conveyance is necessary to the veterans in connection with their employment or training. further in order to encourage prompt and aggressive action by such veterans in attempting to procure and follow gainful employment the reasonable time limitation of 3 years from the date of enactment or discharge should be fixed.

* *

In connection with consideration of the same bill, H. R. 7171, Representative Rogers stated in part as follows:

When these boys went off to war, the Congress that sent them off promised to give them so much of an even chance as possible to get on an equal basis with civilians when they went back to civilian life.

When an amputee has to battle crowds on busses and streetcars and try to save to buy a car, he is operating under far too great a handicap. Most of the boys were too young to matter before the war so they had nothing saved up.

The legislative history of the bill adopted by the Congress indicates that it was introduced in the form a Senate amendment to the first supplemental appropriation bill, but its sponsor is not identified. This bill appears to have been the first of its kind to contain a provision for "equipment."

Following are pertinent portions of statements of various legislators in connection with consideration of the bill finally approved:

Senator JOHNSTON. We can

** through the enactment of such legislation assist these men in equipping themselves with all possible mechanical aids to offset their physical handicaps. These veterans can then enter into the competition of present-day living with less of a handicap. It will speed their readjustment in a normal way of life. Representative HAND.

* * *

I am glad to note that Congress is about to pass legislation to provide automobiles for veterans who, by reason of their war injuries, require such a special aid in order to restore them to useful civilian life. * While this later legislation has been criticized in some quarters as being ultragenerous, it nevertheless is consistent with the policy of Congress to do what is necessary to restore to useful civilian life our veterans who have sacrificed their bodies for the common welfare. Representative RANKIN.

** *

In my honest opinion it is unfortunate that the word "automobile" was ever used in connection with this legislation. I said before the Committee on Rules, and I say now, that I would much rather vote for a readjustment rehabilitation allowance of $1,500 for every veteran who lost a hand or a foot or an eye or who became paralyzed as a result of injuries received in the war.

Reviewing the history of proposals of this type, it is easy to discern the trend of liberalization from the early bills to the one contained in Public Law 663, Seventy-ninth Congress. Evidence of the liberal intent of Congress, as developed by consideration of a succession of bills of this nature, exists in the following provisions of the present legislation:

1. Provides "automobile or other conveyance." [Italics supplied.] 2. Provides "equipment."

3. Provides "automobile or other conveyance" and "equipment" without restriction on purpose or use.

Accepting the basic purpose of this legislation, according to the above-quoted statements of legislators, as being to equip certain disabled veterans with all possible mechanical aids to offset their physical handicaps and permit them to enter into the competition of presentday living, thus speeding their readjustment in a normál way of life, it appears that the act was intended to be of assistance in particular situations as follows:

1. In the case of a disabled veteran with a fixed place of business or training, an automobile will enable him to travel to and from work

without the necessity of competing for a seat on crowded streetcars, busses, etc.

2. In the case of a disabled veteran working as a salesman or in another line of endeavor necessitating regular visits to homes or business establishments of customers, an automobile or other conveyance is usually necessary because mass transportation facilities are normally unsuitable and frequently nonexistent.

3. In the case of a disabled veteran who is a farmer, a tractor with suitable accessories is necessary to perform labors which he might formerly have been able to manage afoot with a horse and hand-operated equipment, and to permit him to offset the decrease in speed and ability normally resulting from an amputation and compete successfully, financially, and otherwise, with able-bodied individuals in the business. Referring to Mrs. Rogers' statement: "When an amputee has to battle crowds on busses and streetcars and try to save to buy a car, he is operating under far too great a handicap," it is pointed out that in the case described by the Representative the veteran at least appears to have a job with an income from which he may struggle to save, but that in the case of a veteran for whom a tractor is purchased without the necessary agricultural equipment, such veteran would have no income from which to try to save, inasmuch as his income would be predicated upon cultivating, planting, and harvesting, which endeavors would be impossible without proper accessories.

Attention is invited to the fact that the present legislation was enacted in preference to a bill, H. R. 7171, which prohibited its benefits for pleasure purposes, restricting its application to cases where an automobile or other conveyance was deemed necessary in connection. with employment or training for employment.

It is obvious, in the light of the historical background of Public Law 663, that Congress intended to authorize payment for a tractor and necessary agricultural accessories, within the $1,600 limitation, for a disabled veteran who desires such equipment for use in achieving his occupational ambitions, inasmuch as the act permits the purchase of vehicles to be used by disabled veterans merely for pleasure.

HELD: A tool bar lister, planting attachment, row cultivator, and two-way mounted plow, are such items of equipment as may properly be included in the purchase price of a tractor to be paid by the Administrator pursuant to the provisions of Public Law 663, Seventy-ninth Congress, subject, of course, to the limitation of $1,600. (Opinion of the Solicitor, Veterans' Administration, dated Nov. 25, 1946, approved Nov. 26, 1946.)

ADMINISTRATOR'S DECISION, VETERANS' ADMINISTRATION, NO. 735 JANUARY 14, 1947.

Subject: Effects on laws administered by the Veterans' Administration of the President's proclamation of the cessation of hostilities of World War II.

QUESTION PRESENTED: What are the major effects of the President's proclamation of December 31, 1946, of the cessation of hostilities of World War II, on the laws administered by the Veterans' Administration?

COMMENT: The proclamation is in the following language:

A PROCLAMATION

With God's help this Nation, and our allies, through sacrifice and devotion, courage and perseverance, wrung final and unconditional surrender from our enemies. Thereafter, we, together with the other United Nations, set about building a world in which justice shall replace force. With spirit, through faith, with a determination that there shall be no more wars of aggression calculated to enslave the peoples of the world and destroy their civilization, and with the guidance of Almighty Providence great gains have been made in translating military victory into permanent peace. Although a state of war still exists, it is at this time possible to declare, and I find it to be in the public interest to declare, that hostilities have terminated.

Now, therefore, I, Harry S. Truman, President of the United States of America, do hereby proclaim the cessation of hostilities of World War II, effective 12 o'clock noon, December 31, 1946.

The statement by the President accompanying the proclamation contains the following:

It should be noted that the proclamation does not terminate the states of emergency declared by President Roosevelt on September 8, 1939, and May 29, 1941. Nor does today's action have the effect of terminating the state of war itself. It terminates merely the period of hostilities. With respect to the termination of the national emergency and the state of war I shall make recommendations to the Congress in the near future.

Under the Servicemen's Readjustment Act of 1944 (Public Law 346, Seventy-eighth Congress, as amended), the cut-off date for benefits based on World War II service is variously described as the "termination of hostilities," "the termination of the present war," and "termination of the war," but in section 1502 questions which might arise due to this variation are settled by the statement that the phrases all mean “termination of the war as declared by Presidential proclamation or concurrent resolution of the Congress" Therefore, insofar as education and training, loans, and readjustment allowances are concerned the proclaiming of the end of hostilities does not limit the rights, potential or actual, of those serving during the period of the war. The same is true of vocational rehabilitation under Public Law 16, Seventy-eighth Congress, as amended by Public Law 346, Seventy-eighth Congress.

The situation is a little more complex, however, with respect to Veterans Regulation No. 1 (a), part I, as amended by Public Law 144, Seventy-eighth Congress, which provides compensation at wartime rates for disabilities or death incurred;

during an enlistment or employment entered into on or after December 7, 1941, and before the termination of hostilities incident to the present war as determined by proclamation of the President or by concurrent resolution of the Congress:

*

* * *

or where such disability was incurred in or aggravated by active military or naval service during an enlistment or employment where there was active service * in World War II during the dates specified the United States will pay to any person thus disabled, and who was honorably discharged, a pension as hereinafter provided, * * [Italicized language added by sec. 9 (a), Public

Law 144, Seventy-eighth Congress.]

Part I, therefore, allows wartime rates only in cases where the disability occurred in active service in the period on or after December 7, 1941 and before 12 o'clock noon, December 31, 1946, or in an enlistment beginning in that period. However, Public Law 359, Seventyseventh Congress, approved December 19, 1941, contains the following language:

That subparagraph (c), paragraph I, of part II, Veterans Regulation No. 1, (a), as amended, is hereby amended to read as follows:

"(c) Any veteran otherwise entitled to pension under the provisions of part II of this regulation or the general pension law shall be entitled to receive the rate of pension provided in part I of this regulation, if the disability resulted from an injury or disease received in line of duty (1) as a direct result of armed conflict, or (2) while engaged in extra hazardous service, including such service under conditions simulating war, or (3) while the United States is engaged in

war.

"The dependents of any deceased veteran, whose death resulted from an injury or disease received in line of duty as described in this subparagraph, otherwise entitled to pension under the provisions of part II of this regulation or the general pension law, shall be entitled to pension at the rates provided for service-connected death compensation benefits for dependents of World War veterans by section 5 of Public Law Numbered 198, Seventy-sixth Congress, as amended (U. S. C. title 38, sec. 472b), or if barred by the insurance limitations thereof, the rates provided by paragraph IV of part I, Veterans Regulation Numbered 1 (a), as amended."

This has not been repealed expressly, nor by necessary implication as it is not inconsistent with Public Law 144, supra. If the United States is still engaged in war all members of the military and naval forces, and their dependents, will be entitled to the part I rates for disabilities or deaths occurring in service prior to the time the war is officially declared at an end.

Under the Constitution only Congress can declare war. In the absence of specific provision to the contrary, the end of the war does not mean cessation of hostilities or the actual termination of war activities but extends to the ratification of the treaty of peace or the proclamation of peace. The Supreme Court of the United States