Montana Attorney General Opinion 17-150

Opinion No. 150. Livestock Commission - License and Bond. HELD: A livestock commission company licensed and bonded under Chapter 52, Laws of 1937, to operate a livestock market at one place, may not by reason of the same license and bond operate a market at any other place. September 2, 1937. Mr. Paul Raftery Secretary, Montana Livestock Com- mission The Capitol Dear Mr. Raftery: You have submitted the question whether a livestock commission com- pany, which is licensed and bonded 172 OPINIONS OF THE ATTORNEY GENERAL under the provisions of Chapter 52, Laws of 1937, to operate a livestock market at Billings, Montana, may also, by reason of the same license and bond, operate a livestock market at Miles City. Throughout said Chapter 52, the term "a livestock market" is used. In section 2 the term "livestock market" is defined as "a place where a person, partnership or corporation shall as- semble livestock for either private or public sale." Section 3 provides: "After May 1, 1937, no person shall engage in the operation of a livestock market within the State of Montana without first procuring a license from the live- stock commission, and paying therefor a fee of one hundred dollars ($100.00)." Section 4 reads: "No license or re- newal of license to establish and op- erate a livestock market within the State of Montana shall be issued until the applicant shall have executed to the State of Montana, a bond in the penal sum of ten thousand dollars ($10,000.00), * * *." In no place in the Act does it ap- pear that the licensee, upon payment of the license fee, and upon furnish- ing of bond, may operate livestock mar- kets at different places. Rather, it is apparent that the license and bond cover the right to operate one market at one place. It is my opinion therefore that the question submitted should be answered in the negative.