OAG 40-3.

• Case Date: July 01, 1940
• Court: Oregon

Oregon Attorney General Opinions 1940. OAG 40-3. 6OPINION NO. 40-3[20 Or. Op. Atty. Gen. 6]Chapter 86, Oregon Laws, 1939, does not require public docks in the cities of Portland and Astoria to obtain a license from the department of agriculture.July 1, 1940.Hon. J. D. Mickle,Director of Agriculture. Dear Sir: Under date of June 24, 1940, you submit correspondence which raises the question whether or not you are required to license public docks in the cities of Portland and Astoria under the provisions of the grain warehouse act, chapter 86, Oregon Laws, 1939, or chapter 222, Oregon Laws, 1939. Chapter 86, Oregon Laws, 1939, is an act amending certain sections of Oregon Code 1935 Supplement, referring to grain storage and warehouse certificates. Section 1, chapter 86, amends section 71-301, Oregon Code 1935 Supplement, and reads as follows:

"The purpose and object of sections 71-301 to 71-321, inclusive, Oregon Code 1935 Supplement, is to provide the owners of grain the means of warehousing or storing the same on farms on or near railroad rights of way and other suitable places under proper safeguards, as a basis of farm credit on the grain so stored. The term 'department,' as used herein, shall mean the department of agriculture of the state of Oregon acting through its duly authorized officials or employes."

7Section 71-302, Oregon Code 1935 Supplement, as amended by section 2 of said chapter 86, requires the department of agriculture to control and direct the operations of the provisions of sections 71-301 to 71-321, inclusive, Oregon Code 1935 Supplement, with full and complete power to make effective the provisions of said sections and the rules and regulations which the department prescribes to carry out the purposes and objects thereof. Section 71-303, Oregon Code 1935 Supplement, as amended by section 3, chapter 86, Oregon Laws, 1939, sets forth certain express powers of the department of agriculture relating to such warehouses. I do not find any provision of the said act authorizing or requiring public docks in the cities of Portland and Astoria to be licensed. Chapter 222, Oregon Laws, 1939, amends certain sections of Oregon Code 1930 and Oregon Code 1935 Supplement, referring to public warehouses and hay and grain weighing and inspection. Section 61-601, Oregon Code 1930, as amended by section 1 of said chapter 222...