Montana Attorney General Opinion 16-143

Opinion No. 143. Beans-Warehouses-Licenses- Storage-Agents-Buyers. HELD: A licensed and bonded bean warehouse may purchase beans through agents in other cities where such purchases are made for ship- ment, storage and handling at the warehouse. July 22, 1935. Mr. George L. Knight Chief, Division of Horticulture Missoula, Montana You have submitted the following: "I am attaching hereto a letter from the Occident Elevator Com- pany at Billings and call your atten- tion to the second paragraph thereof and also enclosing copy of Chapter 164 of the 1935 Session Laws. Our understanding is that the Occident Elevator Company operates a num- ber of elevators or warehouses in the Billings area at which beans are pur- chased or received and forwarded to the Billings or Hardin warehouses for handling or storage as the case may be and their request is as to whether they shall take out a license for each of these plants or for only the cleaning and storage plants at Billings and Hardin. I would appre- ciate further your opinion as to whether a bean warehouse located, for instance, at Billings, and which is licensed and bonded would have the right to, under that license and bond, to put into the field men work- ing on a commission basis buying beans at various other points which would ultimately be shipped into the house at Billings for storage and handling." -Answering your first question, I find nothing in Chapter 164, Laws of 1935, requiring a license for the places where beans are purchased and from which they are shipped to either Bill- ings or Hardin for cleaning and stor- age. In my opinion, if licenses and bonds are obtained for the plants at Billings and Hardin that is sufficient to comply with the terms of the Act; As to the second question, I am of the opinion that the licensing and bonding of a bean warehouse at Bill- ings, would permit agents to pur- chase beans at various other points for shipment, storage and handling at Billings. I find nothing in the Act forbidding it.