Texas Attorney General Opinion: WW-355 Page: 2 of 8
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Mr. A. G. Mueller, page 2 (WW-355)
holder thereof) and the lucky number or numbers are
announced. If the holder of the lucky number or num-
bers are not present, they will nontheless be handed
the prize or prizes provided they contact one of the par-
ticipating merchants within 7 days from date of the draw-
ing, and exhibit the stub or stubs to the winning ticket or
tickets. Should they not make such exhibition within such
time, the prize or prizes are placed back in the 'pot' for
redistribution after another drawing.
"Purpose of this arrangement is to encourage
people in the particular town to trade 'at home' - but
not with any particular merchant. Tickets are available
for purchase by ANY MERCHANT OR BUSINESS MAN
in the particular town."
Section 47, Article III, Constitution of Texas, provides as
"The Legislature shall pass laws prohibiting the
establishment of lotteries and gift enterprises in this
State, as well as the sale of tickets in lotteries, gift en-
terprises or other evasions involving the lottery princi-
ple, established or existing in other States."
Article 654, Vernon's Annotated Penal Code, reads as
"If any person shall establish a lottery or dispose
of any estate, real or personal, by lottery, he shall be
fined not less than one hundred nor more than one thou-
sand dollars; or if any person shall sell, offer for sale
or keep for sale any ticket or part ticket in any lottery,
he shall be fined not less than ten nor more than fifty
Chief Justice Cureton, speaking for the Supreme Court
of Texas, in the case of City of Wink v. Griffith Amusement Co., 129
Tex. 40, 100 S.W.2d 695, said:
"The State Penal Code does not define a lottery,
but our courts have interpreted it in accordance with pub-
lic usage, to mean a scheme or plan which provides for a
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Texas. Attorney-General's Office. Texas Attorney General Opinion: WW-355, text, 1958; (texashistory.unt.edu/ark:/67531/metapth266967/m1/2/: accessed November 20, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.