Hon. Homer Garrison 

Director, Departmen J 

Jr. Opinion No, O-3031 

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 follows: 

"FEATHER YOUH NEST wfth $30000 OP 

VESTEGG 

Nite 

EVWY THURSDAY NIGHT 

IS "NESTEGG NITEn AT 

TH!& GUILD THEATRE 

Crystal City, Texas 

NESTEGG 

NITE 

FEATHW YOUR 

NEST 

"The ONestegg" is never less than $30*00 

more 

"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 
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.’ 

f ollewlng 

An appllcatlon card likewise enolosed is in the 

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 purchaser 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 undistinguishable from the %ovie arlticU scheme, held to constltute 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. 

APPROVED JAN 18, 1941 

/s/ Gerald C. Mann 

ATTORNEY GGNERAL OF TEXAS 

APPROVED: OPINION COMMITTEE 

By /s/ BWB, Chairman 

JDS: AMM:uaz, ENCLOSURE 

Yours very truly 

ATTORNEY GEK&ElAL OF TEXAS 

By /s/ James D. Smullen 

James Do Smullen, Assistant