Montana Attorney General Opinion 15-316

Opinion No. 316 Warehouses-Statutes-Conflict of Laws-Federal Warehous.e Act,. HELD: The State laws ~oyernil1g warehouses are supreme and will gOY- ern when in conflict with Federal Ware- house Act. August 21, 19.33. You request my opinion relath'e to an alleged conflict between the Federal Warehouse Act, sections 241. et seq. U. S. C. A. Tit. 7., and the laws of Montana relating to warehouses and warehousemen. The Federal Law recognizes the state's control in all such matters with- in the police power of the state. (Inde- pendent G. & ,V. Co. v. Dunwoodr, 40 Fed. (2) 1; Merchants Exchange Y. ~1issouri, 248 U. S. 365, 63 L. Ed. 300: American Manuf. Co. v. St. Louis. 250 U. S. 459, 63 L. Ed. 1084.) In the Inde- pendent G. & W. Co. case the court. in construing the Federal Warehouse Act recited a portion of the Act as follows: "Nothing in this chapter shall be con- strued to conflict with * * * or in any way to impair or limit the effect or operation of the laws of any state re- lating- to warehouses, warehousemen," etc. 'l'he Act, further, authori7~s the Secretan' of Agriculture to cooperate with state officials in the matter.