OAG 40-20.

• Case Date: July 22, 1940
• Court: Oregon

Oregon Attorney General Opinions 1940. OAG 40-20. 26OPINION NO. 40-20[20 Or. Op. Atty. Gen. 26]Funds received by the state public welfare commission from sale of surplus commodity containers should be deposited in the state treasury to the account of the commission for use for relief purposes.July 22, 1940.Mr. Elmer R. Goudy,Administrator, State Public Welfare Commission. Dear Sir: In accordance with your letter of July 12, 1940, enclosing a copy of the revised Commodities Distribution Operating Agreement between the Federal Surplus Commodities Corporation and your commission, I have examined said agreement and hereby approve the same. You refer to section 8 of said agreement entitled "Salvage Account" and request to be advised whether or not said section may be revised to read as follows:

"The Sponsoring Agency agrees that the sale of containers received with shipments of surplus commodities from the Corporation shall be carefully supervised and made at a price level which will not disrupt the market for similar products or otherwise interfere with the manufacture and sale of similar containers, and that funds derived from the sale of such containers shall be used by the Sponsoring Agency only for relief purposes".

It is my opinion that such revision is permissible under the law as it now stands. Section 67-403; Oregon Code 1930, provides, among other things, that moneys received by all persons, state institutions, commissions, commissioners, departments, boards and state officers or agents from the sale and distribution of surplus products, useless and condemned property shall be paid over to the state treasurer monthly. Section 67-901, Oregon Code 1930, provides:

"All moneys arising * * * from sales of state products * * * shall be placed by the state treasurer to the credit and constitute the general fund

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