50-127
Livestock
Cite as N.D. Op. Att'y Gen. 50-127
OPINION
50-127
April 28, 1950 (OPINION)
LIVESTOCK
RE: Inspection Certificate
I am in receipt of your letter of April 20, 1950, in which you
request an opinion regarding chapter 36-10, N.D.R.C. 1943.
You ask whether or not a private farmer may ship livestock out of
your county without securing a certificate of inspection from the
brand inspector where, as you say, the farmer is using his own truck
in shipping his own livestock.
I agree with the last paragraph of your letter in which you say that
the chapter "seems to deal only with railroads and truck lines
operating in or through the county." The only section in chapter
36-10 which gives me any trouble is section 36-1007, which provides:
"No railroad company, truck line, or trucker operating in or
through any county in this state in which a brand inspector has
been appointed, shall accept for shipment from any point within
such county, any horses, cattle, or mules until a certificate
of inspection signed by a county brand inspector is filed by
the consignor with such company or its agent."
I do not believe that the underlined phrase "or trucker" is
sufficient to require a private farmer to secure a license.
WALLACE E. WARNER
Attorney General