THEATTORNEY GENERAL
OF TEXAS
Aua-n'z~ xx.""""""""""
GERALD C. MANN
AITOIRNEYDICN&RAL
Honorabl'eJames'E. Klldag, Director
K&or Transportation Dlvlslon
Railroad CoinMsalon of Texas
Austin, Texas
Dear Sir: Opinion No. Oil270
Re: Whether cottonseed is livestock
feedstuffs end whetner or .lotthe
tiaullngof cottvnsei3dfrom a cot-
ton gin to a cottonse6d 011 ml'11
Is hauli* from "dealer to dealer".
We received your letter of August 14, 1939, request-
ing our opinion of the following questions.
'where a country gin gins cotton and takes
cotton seed as pajment, In whole or.ln part, for
the services rendered in.the ginning, may one of
said special commodity carriers transport such
seed for hire from one of these gins to a cotton
seed oil mill, -- this question involving the fol-
lowing specific InquFPles:
"(a) Is this the transportation of livestock
feedstuff, it belng well known that the cotton seed
oil mill will refine the cotton seed into food for
human consumption"
"(b) Is this cotton seed being transported
from dealer to dealer?"
In the absence of a statutory definition of the term
"livestock feedstuffs," we nust take its ordinary meaning. cot-
tonseed Is not ordinarily defined as livestock feedstuff, but
as a matter of fact It is often so used. In view of this fact,
it is necessary to look to the facts of each ca'sein order to
determine whether or not the cottonseed Is used as livestock feed-
stuff.
When'cottonseed is used as livestock feedstuff 6~ Is--
transported by a motor Mrrler for such purpose, it Is clear that
B niotorcarrier could'transport it by virtue of having a special
commodity permit to haul livestock feedstuffs.
Honorable James E. Kilday, page 2 o-1270:
On the other hand, cottonseed has many uses other
than as livestock feedstuff. A motor~carrler Is not authorized
tiitransport cottonseed under a special commodity permit to
haul livestock feedstuff when the purpose or use thereof is
other than for livestock feedstuff.
W6 conclude from yotirletter that the cottonseea
hauled from a cotton-'gln"toa cottonseed oil nil11Is to b6 l*qed
for'the purpose'of manufacturing f66d for hum&xicon~um~tlbh.
This being true, a mot& cai‘rIer'cannotbe pelimittedt0 traris-
port cottoliseedunder a special commodity permit to haul llve-
stock feedstuffs.
You Nrther inquire wtietheror not the hauling of
cbttonseed from a cotton gin to a cottoiiseedoil till1Is tti6
haiillhgof~llvestock fee&&.uffs from dealer to deale%. Sindb
tti6Railroad Commission has‘not dgfined the term "dealer", we
have to resbrt to Its ordinary meaning. We will assume, for
purpose of answering this question, that cottonseed 1s livestock
feedstuffs.
A "dealer" Is a "person who makes a buslne'ss'dfbiiylilg
And selling goods, especially, as dlst~lsh3d from a mafiufac-
tixrer,without altering their cbnditlon. State v. San Patriclo
Canning Co., 17 S.W. (26) 160, and other authorities-cited therein.
.,.
In State'v. YearbT, 82 #bC. 561, 33 AM. R&p. 694; the
Supreme Cburt of that..stateheld~'thatone who buys cattle, sheep
and hogs and sells meat, Is tiota dealer in meat.
In State v. Chadbourn, 80 N. C. 479, 30~Am. Rep. 94;
fFtip;etors of sawmill, bought tlmbep, cut It up, and sold It as
. They were held not to be dealers In lumber.
In NOP?T~SV. Corn.,27 Pa. 495, we find this language:
"A dealer in the popular, and, therefore, In the statutory, sense
of the word, Is not one who buys to keep, OP makes to sell, but
one who buys to sell again."
In State v. San Patrlclo, supra, the question was
whether a canner of shrimp who purchased shrimp from fishermen,
processed and canned the shrimp, and sbld them to wholesalers
And chain stores through brokers, w&s a dealer in shrimp. The
court held that the canner was not a dealer, in the sense in ~.
which this teem iS tirdlnarllyemployed, but was a processor, a
canner or a manufacturer. From this opinion, we quote as follows:
"It Is no more such dealer than on& who
operate'sa modern packing,house plant Is a whole-
sale dealer engaged in buying and selling pigs;
Honorable James E. Kllday, page 3 O-1270
than a fruit canner is a wholesale dealer engaged
In the business of buying and selling peaches;
than the owner of a breakfast food plant Is a
wholesale dealer engaged in the business of buy-
ing and selling corn, or'oats, or rice; than an
iron fauxder Is a wholesale dealer engaged in
the business of buying and selling iron ore."
We conclude for reasons herein stated that a cotton-
seed oil mill Is not's "dealer" In livestock feedstuffs as that
term is used In the speclal.permlt granted for the transporta-
tion of livestock feedstuffs, but restricting such transporta-
tion from dealer to dealer.
Very truly yours
ATTORNEYGENERAL OF TEXAS
By s/Glenn R. Lewis
Glenn R. Lewis
Assistant
By s/Lee Shoptaw
Lee Shoptaw
IS:LW:wc
APPROVED NOV 7, 1939
s/Gerald C. Mann
ATTORNEYGENERALOF TEXAS
Approved Opinion Committee By s/BWB Chairman