Case Information
*1 Hon. Homer Garrison Jr. Opinion No, O-3031 Director, Departmen J of
Public Safety Re: Whether "Nestegg Night"' is Camp Mabry a violation of the lottery Austin, Texas law.
Dear Sir:
This will acknowledge receipt of your letter of Jan. 8, 1941, requesting the opinion of this Department as to whether or not "Nestegg Night" constitutes a violation of the lottery laws of this State, Article 6.54 of the Penal Code,
A circular enclosed with your letter reads as fol- lows:
"FEATHER YOUH NEST wfth $30000 OP more VESTEGG EVWY THURSDAY NIGHT NESTEGG
Nite IS "NESTEGG NITEn AT NITE
TH!& GUILD THEATRE FEATHW YOUR NEST Crystal City, Texas "The ONestegg" is never less than $30*00 "If YOU are present and have signed the Application for Spare Time work 0 ., 0 and your Application is the one selected you will "FEATHER YOUR NESTB with $30,00 or more O
'IIf the party selected is not present on 'NESTEGG NITEn the 'NESTEGG' will be increased $lO,OO for the next 'NESTEGG N1TE.O
"It is only necessary to sign one (1) Application, as the name will always remain on file 0 ., o even if you are selected YOUR NUMBER will be placed back fn the hopper and YOU can be selected at some future tfme,
"REMEMHEB 0 o o WE PLACE YOU ON OUR PAY-ROLL o o e and deduct Social Security Taxes only,
"In addition we pay our share of Taxes under the *2 Hon. Homer Garrison, Jr., page 2
Social Security Act which wlll~increase YOUB benefits under the Old Age Fund.
We will select a number from the hopper, then refer to the Appllcatlon file and call the name. . . If the party is present you make yourself known by answering to the name called and come forward to the stage . . . BE PBESENTT YOURS MAY BE THE ONE SELECTED. “FIRST SELECTION: THUBSDAY NIGHT, JANUARY 25th - 8830 P.M.’
An appllcatlon card likewise enolosed is in the f ollewlng f 0lvn:
“NESTEGG NESTEGG NITE NITE FEATHEiR YOUH NEST FEA!l%ER YOUR NBST GUILD THEA!l!BE CRYSTAL CITY, TEXAS “1 hereby file my application for spare time work.
Name. . . . . . . . . . . . o . o . . . . . . e . . .
Bddrasa. . . . . . . . . . . * . 0. . e . . . . . Telephone . . . . . . D o . . . . . . . . . . .
And in conneotlon with these exhibits you state that:
nit aeems that this~ theatre paasea out the enclosed card to persons who purohase a ticket, on which the pur- chaser makes appllcatlon for spare time work. Tlcketa am then drawn one night each week and the winner, If present, recrives not less than 838.00, Of aourse it Is oompulsory that the winner be in the theatre be&r he would be entitled to the m~nep.~
From this we have aoncludea that this scheme is un- distinguishable from the %ovie arlticU scheme, held to constl- tute a violation of our lottery laws In opinion No. O-54, aopy of which Is enclosed; and for the reasons set forth end under the authorities there cited you are advised that the operation of “Nestegg NightU by the theatre in question under the plan described will be a violation of Article 654 of the Penal Code. Yours very truly APPROVED JAN 18, 1941 ATTORNEY GEK&ElAL OF TEXAS /s/ Gerald C. Mann By /s/ James D. Smullen ATTORNEY GGNERAL OF TEXAS James Do Smullen, Assistant APPROVED: OPINION COMMITTEE By /s/ BWB, Chairman
JDS: AMM:uaz, ENCLOSURE