### THEATTORNEY GENERAL OF TEXAS
GERALDC.MANN Aua-n'z~

### xx. """""""""" AITOIRNEYDICN&RAL

Honorabl'e

James' E. Klldag,Director K&or TransportationDlvlslon Railroad CoinMsalon of Texas Austin, Texas Dear Sir: OpinionNo. Oil270 Re: Whether cottonseed is livestock feedstuffsend whetner or .lotthe tiaullng

of cottvnsei3d

from a cotton gin to a cottonse6d 011 ml'11 Is hauli* from "dealer to dealer".
We receivedyour letter of August 14, 1939, requesting our opinion of the followingquestions.

'wherea country gin gins cotton and takes cotton seed as pajment, Inwhole or.lnpart, 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 seedbeing transported from dealer to dealer?"

In the absence of a statutorydefinition of the term "livestock feedstuffs,"we nust take its ordinarymeaning. cottonseed Is not ordinarilydefined 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 determinewhether or not the cottonseed Isused as livestock feedstuff. When'cottonseed isused as livestock feedstuff 6~ Is-- transportedby a motor Mrrler for such purpose, it Is clear that B niotorcarrier could'transport it by virtue of having a special commoditypermit to haul livestock feedstuffs.Honorable James E. Kilday, page 2 o-1270:

On the other hand, cottonseed has manyuses other than as livestock feedstuff. A motor~carrler Is not authorized tiitransport cottonseedunder a special commoditypermit to haul livestock feedstuffwhen the purpose or use thereof is other than for livestock feedstuff.

W6 conclude from yotirletter that the cottonseea hauled from a cotton-'gln"to a cottonseed oil nil11Is to b6 l*qed for'thepurpose'ofmanufacturing f66d for hum&xi con~um~tlbh. This being true, a mot& cai‘rIer'cannot be pelimitted

t0 trarisport cottoliseed

under a special commoditypermit to haul llvestock feedstuffs.

You Nrther inquirewtietheror not the hauling of cbttonseed from a cotton gin to a cottoiiseed oil till1Is tti6 haiillhg

of~llvestock fee&&.uffs from dealer to deale%. Sindb tti6 Railroad Commission has‘notdgfined the term "dealer",we have to resbrt to Its ordinarymeaning. We will assume, for purpose of answering this question, that cottonseed 1s livestock feedstuffs.

A "dealer" Is a "personwho makes a buslne'ss'df biiylilg And sellinggoods, 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-citedtherein.
.,. In State'v. YearbT, 82 #bC. 561, 33 AM. R&p. 694; the Supreme Cburt of that..state held~'that

onewho buys cattle, sheep and hogs and sells meat, Is tiota dealer inmeat.

In State v. Chadbourn, 80 N. C. 479, 30~Am.Rep. 94; fFtip;etors of sawmill,bought tlmbep, cut Itup, and sold It as

. They were held not to be dealers In lumber.
In NOP?T~S

V. Corn., "Adealer in the popular, and,27 Pa. 495,we find this language: therefore, In the statutory, sense of the word, Is not onewho buys to keep, onewho buys to sell again." OPmakes to sell,but

In State v. San Patrlclo, supra, the question was whether a canner of shrimpwho purchased shrimp from fishermen, processedand canned the shrimp, and sbld them to wholesalers And chain stores through brokers, w&s a dealer in shrimp. The court held that the cannerwas 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 wholesaledealer 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 sellingpeaches; 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 isused In the speclal.permltgranted 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 CommitteeBy s/BWB Chairman