Montana Attorney General Opinion 15-136

Opinion No. 136 Mill .Operator-Bond-Grain Elevators. HELD: A mill operator is not ex- empted from giving bond although he does not operate public warehouse. March 31, 1933. You inquire whether a person who owns and operates a mill and who pays outright for grain, is required to give a bond. Section 3589 R. C. M. 1921 as amend- ed by Chapter 41, Laws of 1923, pro- yides, among other things, as follows: "Each person, firm, corporation or as- sociation of persons operating any puh- lic warehouse or warehouses subject to the provisions of this Act, and every tr~k-buyoel', dealer, broker, or commis· sion man, or person or association of persons, merchandising in grain shall, on or before the first day of July of each year, give a bond with good and sufficient sureties to be approved hy the Commissioner of Agriculture to the State of Montana, in such sum as the Commissioner may require, conditioned upon the faithful performance of the acts and duties enjoined upon them by the law." Section 3574 R C. 1\1. 1921 as amend- ed by Chapter 35, Laws of 1933, defined "public warehouse" as follows: "The term 'public warehouse' includes any eleva tor, mill, warehouse or structure in which grain is received from the pub- lic for storage, milling, shipment or handling" ; and fixed the following defi- nition for "grain dealer:" "The term 'grain dealer' shall he held to mean and include every person, firm, association and corporation owning, 'controlling or operating a warehouse, other than a public warehouse, and engaged in the husiness of buying grain for shipment or milling."- In view of the express provisions con- tained in the statutes above cited, it is my opinion that you have no discretion to waive the giving of a bond by one who operates a mill, or in the case above mentioned.