Texas Attorney General Opinion: O-6743 Page: 2 of 3
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Honorable Esoo '.:alter - pae 2
"In the case of Kimbell killing Company vs.
Greene, 170 SW (2d) at page 191, the Supreme Court,
through Chief Justioe James P. Alexander, hold in
pert as follows
wIt is apparent, we think, that It was the in-
teantion of the Legislature to merely prohibit the
issuance of a public warehouse receipt unless and
until the provisions of the statute have been complied
with, and that the statute was not intended to pro-
hibit the operation of a private warehouse suoh as
was operated by Boothe Mill and Elevator Oompany,
Inc. The c contract, therefore, was not void.'
"The question I am interested in having answered
by your department is with reference to the question
of whether an operator of any kind of warehouse, pub-
lio or private, violates any criminal law of this State
if be neglects to give the bond referred to in Article
5569 of the Revised Civil Statutes."
In answer to your question we are herewith enclosing
a copy of Opinion No. 0-1645, delivered by the Attorney General.
of Texas on November t9, 1939, which holds, inter alia, as fol-
"** * *e advise that the statutory law pro-
vides no penalty either in the form of a fine or
imprisonment for failure to file the bond called
for in Articles 5661 and 5569, supra, on the part
of any person, firm, or corporation, engaged in
the business of a publio warehouseman and of storing
property for hire. * * *0
A oareful search of the statutes enacted since the
date of said next-above mentioned opinion has convinced us
that the hereinabove quoted holding on the question of viola-
tions of the original lsaw by public warehousemen who fail to
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-6743, text, 1945; (texashistory.unt.edu/ark:/67531/metapth264020/m1/2/: accessed November 16, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.