THEATTORNEY GENERAL 

OF TEXAS 

GERALD C. MANN Aua-n'z~ xx. """""""""" 

AITOIRNEYDICN&RAL 

Honorabl'e James' 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 .lot the 

tiaullng of cottvnsei3d from a cotton gin to a cottonse6d 011 ml'11 

Is hauli* from "dealer to dealer". 

We received your letter of August 14, 1939, requesting 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 following 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. cottonseed 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'se in order to 

determine whether or not the cottonseed Is used as livestock feedstuff. 

When'cottonseed is used as livestock feedstuff 6~ Is-- 

transported by a motor Mrrler for such purpose, it Is clear that 

B niotor carrier 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 

tii transport 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 yotir letter that the cottonseea 

hauled from a cotton-'gln"to a cottonseed oil nil11 Is to b6 l*qed 

for'the purpose'of manufacturing f66d for hum&xi con~um~tlbh. 

This being true, a mot& cai‘rIer'cannot be pelimitted t0 trarisport cottoliseed under a special commodity permit to haul llvestock feedstuffs. 

You Nrther inquire wtiether or not the hauling of 

cbttonseed from a cotton gin to a cottoiiseed oil till1 Is tti6 

haiillhg of~llvestock fee&&.uffs from dealer to deale%. Sindb 

tti6 Railroad 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 'df biiylilg 

And selling goods, especially, as dlst~lsh3d from a mafiufactixrer, 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..state held~'that one who buys cattle, sheep 

and hogs and sells meat, Is tiot a 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~S V. Corn., 

"A dealer in the popular, and, 

27 Pa. 495, we find this language: 

therefore, In the statutory, sense 

of the word, Is not one who buys to keep, 

one who buys to sell again." 

OP makes to sell, but 

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 tirdlnarlly employed, 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's a modern packing, house plant Is a wholesale 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 buying 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 cottonseed oil mill Is not's "dealer" In livestock feedstuffs as that 

term is used In the speclal.permlt granted for the transportation of livestock feedstuffs, but restricting such transportation 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