Untitled Texas Attorney General Opinion ( 1957 )

HFCAYTORNEY GENERAL
OFTEXAS
June 11, 1957
Honorable John C. White Opinion Woo WW-143.
Department of Agriculture
Austin, Texas Ret Can a warehouseman duly
licensed under the Texas
Grain Warehouse Law (Ch.
106, p. 305 Acts 53id Leg-
islature 1453 codified
as Article 557ja,VoCoS.)
issue a negotiable ware-
house receipt to himself
for grain owned by him
which is stored In his own
Dear Mr. WhFnite: warehouse?
You have requested our opinion as to whether a ware-
houseman lfcensed under the Texas Grain Warehouse Law (Ch. 106,
p* 385 Acts 53rd Legislature, 1953, codffied as Article 5577a,
V.C.S.~ may issue a negotiable warehouse receipt to Nmself for
grain owned by himself and stored in his own warehouse.
Prior to the enactLon df Article 5577a, V.C.S., the
Legislature had enacted laws governing public warehousemen and
public warehouses, such laws being Artfcles 5568-5577, V.C.S.
The definftion of public warehousemen set out in Article 5568,
v,c.s., covers and includes the public graEn warehousemen cov-
ered and descri’bed fn Article 5577a, the Texas Grain Warehouse
Law. except to the extent that Articles 5568-5577
v*c.s., ‘““,‘o~%‘l`` with and are repealed by Article 5577a, V.C,i.,
they are still applfcable to public grain warehousemen-
The pertinent portion of the statutes existing prior
to the enaction of Artfcle 5577a which concerns the question
here under consfderatfon, d.s the following portion of Artfcle
5576, V.C.S.:
II
and provided, further, that no public
wareho&m& shall issue a warehouse receipt against
his own property in his own warehouse; but upon sale
of such property in good fai,th may issue to the pur-
chaser his public warehouse receipt in form and man-
ner as herein provided, which issue and delivery of
the receipt shall be deemed to complete the sale, for
it constitutes the purchaser full owner, as afore-
said, of the property therein described.”
Honorable John C, White, Page 2 (W-143)
The Texas Grain Warehouse Law (Article 5577a V,C.S.)
contains a general provision repealing all laws or par %s of
laws in conflict therewith; and “In the absence of any consti-
tutional prohibition against such method, a general repealing
clause is effective to repeal pri.or enactments to the extent that
they are inconsistent with, or repugnant to the terms of the
later statute,” 39 Tex.Jur., “‘Statutes8? 13f Sec. 68. Gaddes y.
101 Tex. 574 110 S.W. 429 (1908);&arrett v, Stat
F9
1 1 Tex. Crim. 556, 274 S.W.2d 366 (1955). See also Rerrv v?Stata,
69 Tex. Crim. 602, ~56 S.W. 626 (19131a
We have examined Article 5577a, V.C.S., in its entirety
and have failed to find any confliot between this statute and the
above quoted portion of Article 5576, V.C.S. It is our conclu-
sion that the above quoted por,tion of Article 5576,VoCOSo, was
not repealed by Section 23 of Ch. 106, p. 385, Acts 53rd Legisla-
ture, 1953 and controls the question presented to us. Accord-
ingly, it 1s our opinion that a duly licensed public grain ware-
houseman may not issue a negotiable warehouse receipt to himself
for grain owned by him which is stored in his own warehouse.
Article 5577a9 V,C,S. does not repeal the quoted
portion of Article 5576, since the two are not in
conflict e A warehouseman duly licensed under the
Texas Grain Warehouse Law (Article 55’77a9 VOC,S.) may
not issue a negotiable warehouse receipt to himself
against his own property in his own warehouse.
Very truly yours,
WILL WILSON
Attorney General of Texas
0h.11H. Minton, Jr. c
JHEa:pf :wb
APPROVED:
OPINION COMMITTEE
J. C. Davis, Jr. Chairman.
Houghton Brownlea, Jr.
Wallace Finfrock
Lenny Zeiener
REVIEWEDFOR THE ATTORNEYGENERAL
By: Geo. P. Blackburn