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OECEMBER 1967

VOL. 1 NO.3

THE OFFICIAL PUBLICATION OF THE ARKANSAS BAR ASSOCIATION

The

ARKANSAS LAWYER IN THIS ISSUE FEATURE ARTICLES Arkansas Pen i tenti ary System

ASSOCIATION OFFICERS William S. Arnold, President

J. Gaston Williamson, Pres. ElEct

Philip E. Dixon,

Secretary~Treasurer

EXECUTIVE DIRECTOR LeRoy B. Gaston EXECUTIVE COMMITTEE

John II aley 6

Program For Midwinter Meeting. . .. . Mid - wi nter

8 James IV est 9

~~eeti ng

School Desegregati on .

Robert V. Gight 11

...... ,

13

State's First Minimum Fee Schedule .

Dr. Robert R. IVright 17

Lawyers Serving On ABA Committee.

..... 20

Continuing Legal Education

Winslow Drummond Chairman Otis Turner

Every Day Justice Concern of MJA Members

lVilton E. Steed 21

James C, Hale C. R. Warner Jr. Robert C. Compton

Stephen A. Matthews

REGULAR FEATURES

EX·OFFICIO IVilliarll S. Arnold

President's Interim Report. . . . . . . . . . . . . . . . . .. 11'. S. Arnold 5

J. Gaston Williamson Philip E. Dixon Richard Mays

News Notes ...

................................... 25

Juris Dictum

Maurice Cathey Fines F. Batchelor

Law School News .....

C. R. /luie 27 .............. Robert Wright 18

James E, West

Eugene A. Matthews Jr. -Lynn F. Wade

Published Quarterlv by the Arkansas Bar Association, 314 West Markham. Little Rock. Ark. 72201. Second class postage paid at Little Rock, Ark. Subscription price to n on·members of the Arkansas Bar Association 56.00 per year and to members 52.00 per yeaf included in annual dues. Any opinion expressed herein is that of the author. and ~ s not necessari Iy that of the Arkansas Bar Association. The Arkansas Lawyer. or the editorial committee. Contributions to The Arkansas Lawyer are welcomed and should be sent, in two copies

Philip S, Anderson Jr. • Glenn W. Jones

te the Arkansas Bar Center. 314 West Markham. Little Rock. Arkansas. 72201.

Herschel Friday EDITORIAL COMMITTEE James W, Moore· Philip E. Dixon J. Michael Shaw Willis B. Smith Jr. John A, Davis· Dennis L. Shackleford Charles M. Mooney Eugene Rail Jr.

3


Achievement Award See This Outstanding Copier Demonstrated At The Annual Mid-Year Meeting

Boyce R. Love, immediate past-ch.:llrman of the Young Lawyers' section, places an Award or Achievement plaque

on the Bar Center wall. The award was presented to the Young Lawyers' section by the American Bar Association, for section activities during the 1966-67 year. The ABA made their award on the basis of the Award of Merit entry prepared by Mrs. Judith Rogers and submitted last May. The entry spotlighted the Young Lawyers' section work in presenting the annual Law Graduate seminar, the Law Graduate brochure, public informatton work, and their campaign for memberships in both the American and Arkansas Bar Associations.

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Jungkind Photo-Graphic

First purchaser ot one of the new Arkansas Bar Association membership pins was Mrs. Neva Talley, Little Rock attorney, shown here receiving the new pin from Mrs. Judith Gray, assistant director. The pin, (see inset) which was adapted from the orucial seal of the Association, has been approved by the Association officers and members of the Executive Committee and is available from the Bar Center for $1.00. Pins may be ordered from the Bar Center or purchased at the registration desk at any Association meeting.

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4


Ute 'BISIDIIT~S 8ZJBEPOIT~ Williall1 S. Arnold

When you receive this issue or the Arkansas Lawyer we will be almost haU way through the year ot this administration of your Association but many of our most important events are yet in front of us.

The Mid-Winter Meeting is next up on the calendar. Jim West and his Committee have an out-

standing program planned which will have meal in it for every practicing attorney. There will be some changes in the meeting format which it is hoped will please you. We will be honored at this meeting by the presence of Earl Morris, President of the American Bar Association. Earl and our other speakers will be special guests at a dinner which, it is hoped, will be the first of a regular annual affair of our Council of distinguished Past Presidents. You will have received the first announcement of a special Arkansas Bar sponsored vacation trip to South America. Many of you have inquired about our Association making available to the membership the substantial savings benefits that can be realized from group travel arrangements. This will be our initial venture in this area. U it is well received, we are sure that other trips to other world travel sites can be arranged. Even if you cannot make this one, let the Association Office hear from you if you are interested in our continuing this type of activity. Your Executive Committee has approved plans to explore formation of additional interest sections within the Association. We have noted in visiting Association meetings in our neighboring states that virtually all of them have found it beneficial to the membership to provide section programs at Association meetings and to provide a meeting ground for exchange of ideas and information between members who have particular areas of interest. You have already received a request for indication of your possible interest in a section Taxation, Estate Planning and Trusts. There has been a good response. We are working now to asceriain interest in a Family Law section. Many of our members have grown increasingly concerned over the problems of lack of uniformity in domestic relation matters between various areas of the state and also wtih respect to the "quickie" divorces partiCUlarly in the border counties. A section partiCUlarly concerned in this area could do much to remedy these problems. There are other interest areas such as Banking, savings & Loan and Commercial Law as well as Negligence and Compensation Law that need to be studied. It would be most helpfUl to your Officers if you would let them know how you feel about participating in such section activities and programs. Our Young Lawyer section Special Committee headed by E. S. Harris has done an outstanding job in its work on recommended uniform rules for trial courts. Their report and recommendations are now under consideration by the Judicial Council and copies should now be in the hands of all of our judiciary. It is hoped that each judge will give them his careful and thoughtful consideration. In the days when limitations on travel necessarily restricted a lawyer's practice area to a days horseback ride it was well enough that a separate local practice procedure prevailed in each district. But, in this day when many of our members travel from one end of the State to the other in a matter of a few hours by airplane, the hidden traps of local court rules can easily delay and may even thwart the prime function of the courts, ie, the administration of justice. Mobility of the Bar shOUld not be impeded by inflexibility of the courts. 5


"When thee builds B prison. thee had better build with the thought ever In thy mind ther the e end thy children might occupy the cells• .... £ IIzBbech Fry (Report on Paris Prisons. Addressed to the King of France)

ARKANSAS PENITENTIARY SYSTEM In January, 1967 the country was rocked by a report disclosLng torture, sadism and brutality at Tucker Penitentiary. A pulp magazine titled an article on the subject "Concentration Camp, U. S. A." There is some accuracy to that litle. The details of that report are too well known to be recounted.

1962, the Arkansas LegIslative Council gave unqualUiedpraise to the Arkansas penal system. Donald Weisenhorn, an official of the National Council on Crime and Delinquency, said in 1964: "The trusty system for many years has bred corruption, shakedowns and pressures within correctional facilities. The system has turned many of tttem into tax-supported institutions for crime. JJ Who is right? For decades, trustys have controlled, supervised and administered the state Police radios, telephone switchboards, mall inspection, prisoner records, bookkeeping and finance, prisoner classification, and adminIstration of discipline. For the trustys, life in the Arkansas Penitentiary System has indeed been a "country club." Including both penal farms, well over sixty trustys have had their own living quarters, consisting of little houses where they could come and go as they pleased. The money-making possibilities for trustys were unlimited. Many thousand of dollars changed hands monthly through gambling, prostitution, buying and selling jobs, and paying for protection or privileges. Not long ago the trusty in charge ot the prison commissary, a man who had arrived penniless many years before, walked out of the gates with more than filteen thousand dollars. For ten months now an experiment in penal farm rerorro has been conducted at Tucker Prison by Thomas O. Murton, a highly qualified penologist employed by the Board at the request ot the Governor. Atlhisttme, inmate control of TuckeJ' Prison has been eliminated as well as corporeal punishment as a disciplinary measure. Inmates no longer control critical areas. Gambling and other profitable activities were virtually eliminated by declaring money of all kinds contraband. Through classification of prisoners as to security risks, many or them work without being Hunder the gun." Vocational training, academic classes and dental, medical, religious and counseling programs have been instituted. Food and sanitation standards have improved.

At the present time the Penitentiary Study Commission 15 studying the situation. Other studies have been made from

time to time, usually following scandals of some sort (1936, 1941, 1943, 1949, 19GG). Because of our ill-placed pride and complacency in our flprofHable" penal farms, not a single major innovative reform has taken place in the period 1913

to 1967. In 1936, Governor Futrell's study Commission said: "The history of the Arkansas Penal System is one of emphasis upon punishment, hard work and profits. other than through work, there has been practically no development of all those activities which seek to recondition and redirect the criminal by providing opportunities for self-improvement so that he may conduct himself in non-criminal ways when he returns to society." A 1962 survey of our nation's prisons revealed that the Arkansas Penitentiary System had 35 fulltime employees. The prisoner/employee ratio was 74.1. In Mississippi, the next lowest, there were 164 fulltime employees, a prisoner/employee ratio of 12.6. Until corrective legislation was taken in 1967, the ratio in Arkansas did not sUbstantially improve. Much has been said about our recidivism rate. The 1962 survey also reflected that of our 2,016 prisoners, 52.5 % were multiple offenders, wheras of the 77,217 state prisoners in the nation, only 49 per cent had prior commitments. Once again, we led the nation. In 1948 the Arkansas Democrat reported "prison officials are convinced that our unique system where all guards are convict inmates is tops In effectiveness In the nation." In

6


By John Haley

(4) The State Use Prison-Made Goods Act, part of the Governor's legislative package, was enacted in March, 1967. This act makes it v1rtuany mandatory of manufactured products from the penitentiary. The establishment ot prison industries w1l1 provide a broader economic base for the enormous cost involved in prison reform. As to the future, reports have been submitted by the LegislaUve Council, Superintendent O. E. Bishop, and Assistant SUperintendent Thomas O. Murton. A report from our Penitentiary Study Commission Is to be completed in the next few weeks. Thanks in no small part to the news media who have presented a powerful case tor reform to the people, many of the recommendations will undoubtedly be adopted by the legislature. A single Department of Corrections, a separate Parole Board, more adequate statf and facilities, and possibly provision for a new unit in the vicinity of greater Little Rock as a receiving and classtIication center, maximum securily prison, women's prison, prison industry center, and pre-release orientation center w1l1 be among the changes made. Of greatest interest to the Bar, however, is the probabillty ot a statewide probation service, adequately staffed by trained personnel. These services would be essential tor presentencing investigation, postsentence supervised probation, and carefully supervised parole. Last spring a team trom the Federal Bureau of Prisons made a study of our inmates and determined that nearly half of all inmates need not to be confined U' there were an adequate probation program in Arkansas. When they are effected, we will have the framework for a corrections system ot which we can be proud.

But Cummins Prison, where there are greater problems, fewer trained personnel, and Clve times as many inmates as at Tucker, has not progressed nearly so far. Despite many changes in the past tew months, the inmates still control the penitentiary. Money and "brozene" now treely. Few training facUities or personnel are available, and the housing tacllltles are scandalous. Some ot the barracks, built for eighty men, contain more than two hundred men ot all ages constituting the full gamut of security rlsks. Yet many things have been done: (1) In March the Board presented, and the legislature passed, a budget increasing personnel from 36 to 113. This is the most signUicant step taken in penitentiary reform in fifty-four years. First, the penitentiary can employ the personnel necessary to moveawaytrom the existing prisoner-run penal system, and second, for the Clrst time the state has committed itsetr to expenditures far in excess ot proUts that can be generated from the farms. (2) A more sophisticated accounting system with additional tree-world employees has been established, minimiZing the piUerage and mysterious disappearance of commodities. (3) The medical standards and facllities are being constantly improved, due in no small part to the recently formed Medcor Foundation which operates the Blood Plasma Center at Cummins Farm and nets for the state about $3,000 each week. These proUts will be used for the beneClt of the penitentiary medical program and the University of Arkansas Medical Center. 7


MID-YEAR MEETING ARKANSAS BAR ASSOCIATION January 19-20. 1968

The Arkansas Lawyer In The 20th Century-Economic Facts Of Life Sa[llrday. January 20

Friday. January 19 8:30 a.ll1.--Reglstralion.

8:30 a.m.--Registratlon - Viewing displays and demonstrations of equipment. CommHtee meetings. Third Session: Ballroom Presiding: Winslow Drummond, Chairman of Executive Committee 9: 30 a.m.--Organlzation and Profit Distribution in Law Offices. Development of economic and management arrangements from 'association through partnership. Methods ot dividing income. Miscellaneous problems of lawyers. Speaker: Daniel J. Cantor 10:30 a.m.--The present status of Lawyer Retirement. Is retirement now feasible for lawyers? What is the current tax situation? Should law firms have compulsory retirement? Speaker: Dane Clay 11:00 a.m.--Miscellaneous problems of Law Practice. Informal discussion by Daniel J. Cantor and Dane Clay. 11:30 a.m.--A Man for all seasons, or How to Work Alone and Like It. Special lips for the sole practitioner or the independent partner. How to plan vacations. Library? Referral of business. Speakers: David Solomanj Griffin Smith; and Dale Bumpers 12:00 noon--Lunch in Forum Room. Presiding: Gaston Williamson, Vice President or Arkansas Bar Association. Speaker: William S. Arnold, President of the Arkansas Bar Association. Subject: Chain Store Law Offices

Committee meetings. Viewing dis-

plays and demonstrations of equipment.

First Session: Jlallroom Presiding:

Clay Patty, Co-Chairman of Mid-Year Meetlng

9:30 a.m.--Romancing our fees into the 20th Century. Fee detennination and bill i n g. How to set and collect Calr fees.

Taking the worry Ollt or ree setting.

Speaker: J. H:lfris

Morgan.

11:00 a.m.--Stone Age or Mechanical Age? Law Office equipment. Comparison of copying machines, dictation equipment, etc. (including automatic typewriters) Speaker: IllIgh Hardin. 11:4S a.m.--Adjourn

12:00 Naon..-Lunch in Forum Room. Speaker: Earl F. Morris, President oC the American Bar Association. Presiding: Wil-

liam

S.

Arnold,

President. Arkansas Dar Association.

Afternoon WorkshollS Second Session: Ballroom

Note: The speakers in the afternoon workshop will include Daniel J. Canto!'; Hugh Hardin; J. Harris Morgan; Kline Strong; and Edwa,'d L. Wright. Moderator: James E. west, Chairman of Arkansas Bar Foundation. 1:30 p.I1l.--The care and feeding of legal secretaries and young lawyers. The magic of delegation of work. Effective selection, hiring, training and delegation of work to secretaries and young lawyers. Introductory Speake,': Kline Strong 2:30 p.I1l.--Is time of the essence"! \\'111 time records double the attorney's net income? Which system is better for the sale practitioner? For the partner? Suggested forms. Introductory Speaker: Edward L. Wright 3:00 p.m.--Coffee Break. 3:15 p.Ill.--The iawyer's History-An antidote for the frailties of Human Memory. Preservation and retrieval of information. Filing and indeXing briefs, forms, research memos, etc. Introductory Speaker: J. Harris l\lorgan 3:45 p.m.--Dowl1 the Up Staircase. How to assess and control overhead; use of forms; charging clients for long distance telephone call, copying, etc.; own or lease? Introductory Speaker: Daniel J. Cantor 4:30 p.I1l.--Adjourn for Hospitality Hour in Continental Room.

Fourth Session: Ballroom Presiding; James E. West, Co-Chairman of Mid-Year Meeting

1:30 p.m.--Management ot Time and Money. A complete system for the busy lawyer. The key to financial success in the law practice. Speaker: KlLne Strong. 3:00 p.m.--Bread and Butter. Lawyers workshop covering such items as docket control. Peace of mind - a tickler system that works. Conservation of attorney's time. Good client relations. Building a law practice. Subjects suggested by members of audience. Exchange of ideas and intormation. Panelists: Dale Bumpers; Dane Clay; David Solomon; Griffin Smithj Kline Strong. Adjournment when subjects have been covered to satisfaction of all parties, but no later than 4:30 p.m.

l1egistration Fee: -'20.00. Includes Luncheons and 1I0spi tal i ty '-lour. \Iives l1egistration: S1.00. Special Social Program. Extra Luncheon Tickets for wife or guest: $3.00. Extra ticket for gut'st at Il0spitalit)' 1I0ur: ÂŁ3.00. (lVi ves admitted Free If l1egisteredl---l1egistration l1f'funned if request received prior to Jan. :?5, 1968. 8


TO SHOW ARKANSAS LAWYER HOW TO INCREASE HIS INCOME, REDUCE COSTS

Harris book

By James West

It

Morgan is co-edilor 01 the

An Introduction to the Efficient

Practice of Law." Earl F. Morris is President ot the American Bar AssociaUon. Bill Arnold, Dale Bumpers, Dane Clay, Hugh Hardin, Dave SOlomon, Grillin Smith and Ed Wright are especially qualified to discuss the sUbjects assigned to them.

The mid-year meeting of the Arkansas Bar Association to be held In Little

Rock on Jan. 19-20, 1968, Is designed to

furnish ideas and information making possible the increasing of the income of each lawyer in Arkansa, whether he

Is a sole practitioner, an associate, a junior partner or a senior partner.

It is difficult to have a Bar Association program that is of interest to every lawyer, regardless of the size town in which the lawyer lives and the nature of his practice. Some attorneys are interested primarily in persClnal injury litigation. Some are concerned with the field of taxation. others would prefer programs on real property or probate law.

But there is one subject nearly all lawyers are interested in exploring. How can the lawyer increase his income? The purpose of the mid-year meeting is to answer this question for the benefit of every Arkansas lawyer. What are some of the legitimate steps an attorney can take to increase his Income? The three basic steps are reduction of overhead, increase of billing, and more efficient methods of practicing law. It would be difficult to Imagine a better cast of speakers than the ones who will be on our program. Mr. Cantor is head of the nationally known management consultant firm Daniel J. Cantor & Company. Kline strong is the originator

01 the SANS COPY method 01 keeping

time and money records. 9

We have attempted to make the pro-

gram of equal interest to the sole practitioner, the associate, the junior partner and the senior partner. The J'rogram is not designed tor large partnerships nor for managing partners of small partnerships. It is directed to the

needs of each lawyer in Arkansas regardless of his location or type of law practice. The program will include lectures, pahel discussions, workshops, and demonstrations of m 0 C1 ern law office equipment. Registrants will receive useful printed material without extra cost. For the ladies we plan to have a hospitality room during the day, and they will be invited to attend both luncheons. We shall also have a hospitality hour Friday evening for the attorneys and their ladies. Please register in advance so we can have your badges and tickets ready for you and so we can plan more accurately for the number who will attend. U it should become impossible for you to attend, your registration fee will refunded cheerful1y and promptly. Any lawyer who does not get his money's worth at the Mid-Year Meeting will not be trying. If you need a formal invitation, here it is. Y'all Cornel Economics of Law Practice Committee James E. Westj Chairman, Corner Boyett, Ralph Brodie, Marion Gill, Torn Graves, Brad Jesson, Will Mitchell, Clay Patty, Gene SChieftler, Bill stocks, Ed Wright.


Response To Section Membership Call Amazes Sponsors, 267 Sign A letter from Richard Williams, chairman of the Taxation, Trust and Estate

Planning Committee, to the members or the Arkansas Bar Association, asking for indications of interest in establishing

a section for this area of practice rather than the old committee operations, has produced an amazing 261 applications for membership. In addition to the large response, Mr. Williams reports that nearly hall of the applicants indicate they are interested in taking more than a passive part in the

section's activities and would like committee assignments. Mr. Williams announced that an organizational meeting ot the section will be held during the January 19-20 Mid-Year Meeting of the Association at which time

section by-laws will be presented to the membership and officers will be selected. Anyone sUllinterested in membership In this section should notify the Arkansas Bar Center, 314 W. Markham, Little Rock, Ark.

Arkansas Eminent Domain Digest Compiled by the University of Arkansas for the Arkansas State Highway Commission. 207 PAGES

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Sebastian Bar Features Judicial Program Series A five-part series of judicial programs was recently completed by the Sebastian County Bar Association, which might provide some excellent program ideas for other local bar associations. The association, which holds-simimonthly meetings. opened the series with an appearance by Judge Arnold Adams, the Referee in Bankruptcy, and continued with programs by Chancery Judge Richard Mobley of Russeville, CirCUit JUdge William H. Arnold IH of Texarkana. and C. R. Huie, Executive Secretary of the Arkansas Judicial Department. Final participant in the program will be Associate Justice Lyle Brown of the Arkansas Supreme Court. Btll Stocks, program director for the association has also lined up the following programs for the group: February 5,1968, Sidney S. McMath, "Analysis of a Case" for the plaintiff. Feb. 19, Alston Jennings, II Analysis of a Case" for the defendent. May 6, Odell Pollard, chairman of the Arkansas Republican Party and Leon B. Catlett, chairman of the ArkansasDemocratic Party. Attorney General Joe Purcell will be guest speaker at May 20. Bradley D. Jesson, president of the Sebastian County Bar Association, has issued an invitation to Arkansas Dar Association members to attend any or all of the meetings. Meetings are held at 12 noon at the Ward Hotel in Ft. Smith.

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SCHOOL DESEGREGATION What An Arkansas Lawye r Should Know About Brown And Its Progeny By Robert V Light students to the remaining schools serving their respective grades without regard to race, or by revising the former dual (and overlapping) residential attendance zones into a single set of attendance zones with all children in each zone attending the school serving his grade without regard to his race. H.E.W. officials and civil rights advocates have also urged the establishment of I f stngle unitary" systems by pairing white and Negro schools serving the same grades, and assigning all students in one group of grades to one school and the balance to the other. For example, the grade structure in a Negro ?nd a white elementary school, each serving grades one through six, would be revised with the result that one would be attended by all the students in grades one through three that formerly attended either school, and all the stUdents in grades four through six would attend the other. Abandonment of the neighborhood school system in favor of the Heducational park" concept, or in favor of "bussing" students over the district for the express purpose of achieving a predetermined racial mixture or balance in each school, has also been advocated as a method of achieving a Ifslngle unitary" system. The "pairing", 째bussing", and "educational park" devices have not been widely accepted by school authorities or patrons in Arkansas for the apparent reason that their obvious objective is simply to produce a racial balance of students in each school. The legal obligation that a school district 1s attempting to discharge in the Hdesegregation" process Is to eliminate the prohibited racial classification in school assignments. The Constitution, as construed in Brown, requires this, but does not require that assignments be manipulated so as to produce any particular racial balance. It should be noted, however, that the "guidelines" published by H.E.W. do comprehend the achievement of specified minimum degrees of racial balance and conta,in such percentage requirements as purported Ilrule_of_thumb J ' tests by which a school district's progress in desegregation is measured. By threatening loss of federal financial assistance, H.E.\V. officials have enforced these rules and have caused many

Traditions and customs that endured a century and a half were held to contravene the Fourteenth Amendment to the Constitution of the United States in Brown vs. Board of Educa-

tion, 347 U.S. 483 (1954) and 349 U.S. 294 (1955). Prior to that pronouncement segregated schools for Negro and white

students had been maintained by virtue of local laws requiring or permitting it in not only the seventeen Southern and border States, but also In the District of Columbia and many other states.

The Brown case itself came from Kansas. This long

established practice of State-imposed segregation had the apparent sanction of the SUpreme Court which held race to be a permissible classification in its approval of useparale but

equal"

treatment of Negroes and whites in Plessy vs. Fer-

guson, 163 U.S. 537 (1896).

In the twelve years of strife and litigation following the first Brown decision, Arkansas' 218 bi-racial school districts 1 effected a sufficiently massive reorganization of their educational systems that as the 1967-68 school year commenced 90 districts had converted entirely to a Usingle unitary" system and 17 others had done so with the high schools, but not the elementary schools. The remaining 111 districts were in varying stages of desegregation, and had widely different proportions of students attending racially mixed classes. Only 11 of these were regarded by the Department of Health, Education & WeUare not to be in compliance with the Civil Rights Act of 1964.2

Single Unitary System The I4 s ingle unitary" system, as the term is employed by H.E.\V. officials and attorneys representing Negro plaintiffs in school desegregation suits, means one in which the last vestiges of the former state-required dual school systems for Negroes and whites have been removed. This had usually been done by closing the Negro schools and assigning all 1. 171 all white and 6 all-Negro districts comprise the balance of the 395 school districts in the State. 2. The current desegregation statistics are contained in a report of State Education Commissioner A. W. Ford released October 11. 1967. See Arkansas Gazette October 12. 19t'7. p.4A.

Continued on page 22

11


SPECIAL AWARD OF MERIT-oRo bert C. Compton, center, then vice-president of the Union County Bar Association, receives a special award of ,lIerit from American Bar Association President Orison S. Marden, left. during the 1967 annual meeting. Also on hand for the presentation ll'08 J. C. Deacon, 'll.'ho at the time of presentation was so/'ing as ('hairman of the ABA Section of Bar Activ'ities. The Union County Bar recei"ed the award in the division for those associations witll member8Mps of 300 or less and was bctsed on the Association's Ii'ork in 8pofl,~oring oommunity-wide debates on tile question of abolition of capital punishment in Arkansas.

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State's First Minimum Fee Schedule Com pulsory For Association Members In August 1966, the lIon. James E. West, then President of the Conference of Local Bar Associations, said in a letter concerning the newly distributed Minimum Fee Schedule, lilt is hoped tha1 this schedule will be followed by all attorneys in the state'" and it was the unvoiced hope of course that acceptance and use by members of the Arkansas Bat Association would be unanimous. What was probably the first Minimum fee Schedule to be adopted by the Slate Bar Association in Arkansas was not placed on such a voluntary basis for members. It was made an official part of lhe Constitution of the organization and failure to charge at least than the amount stated in the Minimum Fee SChedule could be considered grounds for expulsion from the Association and in the event of expulsion, the member ... j/shall in no instance be recognized as the professional peer or social companion of any member of the association." The bound volume of the proceedings of the Bar Association of Arkansas for 1900-1905 contains in the appendiX what may be 1he first constitution of an organized IJar association in Arkansas and indicated that it W::lS adopted by the Bar Association of the State of Arkansas in 1837. $even articles are listed in this constitution ami Article VI section 1, sets for the rales to be charged, with the following statemen1 preceding the list of fees: "We, the subscribers, members of the Bar Association of the Slate of Arkansas establish the following rales of compensation and fees as the lowest which we can reasonable and honorably receivej and we pledge ourselves to each other, as gentlemen, not to receive less fees or compensation than are herein expressed, nor any commut:::l.tion or substitute therefor.'· Under Article TV, Section 2,anymembel' of the Association had the privilege of providing: information to the president of any breach of the provisions of the constitution with the president authorized to ca 11 a meeting of the association to determine if the delinquent memher was to be censured or expelled from the organization. Section 3, of Article 4, set forth the results of expulsion in these words: "A member, when expelled, shall in no instance be recognized as the professional peer or social companion of anv membel' of this association. None of the admissions made at the Bar fl'om professional courtesy, in the course

of practice, shall ever be extended to him; nor shall any gentlemen advise 01' consult, or be in any manner associated in the prosecution or defense of any case whatever with such expelled member." In those days the establishment of fees and the practice of law appears to have been a simpler matter than our members face today. Such itsms as $5.00 for verbal advice, $10.00 for written advice, $20.00 for wills, and a charge of $25.00 for filing a brief or arguing each case before the supl'eme court, would seem to indicate that fewer complications faced the legal practicioner of those days and that little in the way of complications were expected. The final section of the fee schedule suggests that all members have a printed copy of the fees to be retained in his office, ...lIto the end lhat every gentlemen may show to his client, U there be any occasion to do, the rules by which his practice is to be governedj" a policy followed by many present day members of the Arkansas Bar Association who adhere to the minimum fee schedule. The 1837 Minimum fee schedule read in full: ARTICLE VI "section 1. We, the subscribers, members of the Bar Association of the State of Arkansas, establish the following rates of compensation and fees as the lowest which we can reasonably and honorably receivej and we pledge ourselvestoeach other, as gentlymen: not to receive less fees or compensation than a ..e here expressed, nor any commutation or substitute therefor, viz: ADVICE OR CONSULTATIONS For Verbal advice S5.00 For written advice .$10.00 IJrarling or Legal Instruments For \Vills $20.00 FOI' deeds of executors, administrators or commissioners, and all such as are made under an order or decree or court $10.00 For deeds of trust. $10.00 Fol' other deeds .$5.00 For other written inst.. uments .$5.00 Fees in The Supreme Court

For fiting brief case

of

arguing each , $25.00

In ll1C SUpreme Courts in Chancer,)', And District and Circuit Courts United States

A fee in each cas e of not Ie s s than $50.00 In the Circuit Court in Chancery in each c(Jse ..$25.00 13

Circuit Courts Ten per cent for collection on all accounts. Ten per cent on all sums other than open accounts of $1,000 or underj provided, however, that this rule shall not apply to cases where the aggregate amount sued for on behalf of the same individual, and at the same term, shall exceed the sum of $1,000; and provided, also, that in all cases of a declaration filed, there shall be a charge of $10.00, should the commission on the claim declared on not amount to that sum. In all suits against endorsers of notes and drawers and endorsers of bills of exchange, where a commission has to be set to another state or Territory to take proof or notice, etc., a fee shall be charged of not less than $10.00 Five per cent on all collections on promissory notes and bills of exchange, or other instruments for the payment of money, or evidence of debt, when the sum exceeds $1,000.00. If there is a return of nulla bona on any execution sued out on any judgement, or if the plaintiff thinks Cit to take the execution from the Attorney for counsel, and dispose of the same himself, he shall be charged and reqUired to pay the same per centage as if the attorney had collected the money. Defenses to Collection Suits

Two and a hall per cent for all defenses for delaYi provided, the fee for filing a plea shall in no case be less than $10.00 Five per cent on all real defenses. [n all actions of tort relating to property where the amount in controversy exceeds $300.00, other than the action of ejectment ••...•..•........••.......• $30.00 In each action of ejectment, not less than .•..•.•.....•..•.•.•...•.•.••..••...• $50.00 Probate and County Courts

Each appearance before justices of peace in court, not less than ........$10.00 Each appearance before justices of the peace, in civil cases or for taking depositions $10.00 Taking up cased to circuit court from the judgment of justice of the peace $10.00 Miscellaneous

Prosecution or defense of each warrant of forcible entry or detainer not less than $25.00 For examination of title to real estate $10.00 For each proceeding for partition Continued on page 23


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Continuing Legal Education In Arkansas By Dr. Robert R. Wrighl Elsewhere in this edition of THE ARKANSAS LAWYER is printed the program for the annual mid-year meeting to be held at the Marion Hotel 1n Little Rock on Jan. 19-20. Jim West and his committee have given great thought and effort to the preparation of aprogram on the economics of the law practice and the management of law offices. This program is designed to apply to the Arkansas situation. It is not intended to lleducate" local lawyers on the practices and activities of sixty-man firms in Chicago and New York. An effort has been made to obtain out of state speakers who will address themselves to the local situation and to local problems. A number of our able Arkansas practitioners will appear on the program for this very reason. It is hoped and planned that the program will have something to offer to all Arkansas attorneys, whether they practice in firms or are sale practloners, whatever the size of their firm may be, and wherever they may practice. The important thing about this program is that although it will not be concerned with trial practice or with some area of substantive law, nonetheless it presents an opportunity to our lawyers to improve their financial situation as much or more than institutes and seminars of the normal type. By improving office practices and paying attention to the ways in which we do things, some substantial savings in time and in expenditures can result. Thus, one topic--that by Kline Strong on II Management of Time and Money" (which is described as the lfkey to financial success")--could mean substantial savings to many of those in attendance if they put into practice some of the ideas which Mr. strong presents and which are applicable to their situation. Moreover, the discussion of lawyer retirement by Dane Clay shOUld prove of considerable value to the many lawyers who capably plan the affairs on clients, but not their own affairs. It should be clear from the program topics that this is not just a "how to use a time sheet" type of presentation. It goes far beyond that and delves into areas which have not been considered in past programs on this subject.

sider the Code in the light of speclfic problems which directly affect substantial numbers oC Arkansas lawyers. Among the topics which we will probably explore will be warranties (and related tort concepts and considerations), secured transactions and warehouse receipts, debtor-creditor problems and bankruptcy, and the relationship between

in attendance for their consideration. In the area of secured transactions, attention will be given to perfecting the instrument, to drafting appropriate descriptions, to filing, and to other such problems. More information concerning these seminars will be made available at a later date.

the Code and liens and creditors' rem-

********>k*

edies provided for outside of the Code. These seminars will utilize the services of both practicing attorneys and University of Arkansas law professors. in some instances, we will possibly attempt a problem/workshop type of ap-

proach in which specific fact situations

Arrangements have been made to hold a course of study for general practitioners on Problems of Federal Taxation of E states-GUts-Trusts in Little Rock next summer. This course, locally sponsored by the University Law School and the Arkansas Bar Association, would be pre-

and problems are presented to those

Continued on page 23

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ThiS year's spring seminars, which will be held in five or six regional locations around the state as in past years, will be on the subject or UThe Uniform Commercial Code Revisited." Although the plans for these programs are not yet finalized, it is desirable, we feel, to con-

.'1'11

17

14J-4J.!.!


LAW SCHOOL

Distinguished Lecturer Dr. Max Rheinstein, Max Pam Professor of Comparative Law at the University of Chicago Law School, will be a disUnguished lecturer at the University of Arkansas Law School in Fayette路 ville on March 12-14, 1968. Professor Rheinstein r e c e i v e d his doctorate in law from the University

of

Louvain,

Belgium.

AIter serving

on the faculty of the University of Ber-

lin, he became a member of the Chicago law faculty in 1935.

He has served

as a Visiting Professor at the University of Michigan, the University of Wis-

consin, Louisiana State University, the University of Puerto Rico, Cambridge University in England, the University of Frankfurt, the University of Tokyo, the University of Munich, the Interna-

tional University of Comparative Stud~ ies in Luxemburg, and the Free University of Brssels. He was a memher of the staff of the U. S. Office of Military Government for Germany in 194G-4G.

He is author of Cases on Decedent Estates, The Contractual Relation in Anglo-American Law, and Max Weber on Law in Economy and Society. He is a memher of the International Academy of Comparative Law, the International Faculty of Comparative Law (at Stras:)ourg), and an honorary Professor of the University of Freiburg, Germany. Professor Rheinstein will be the most recent of a group of distinguished visitors over the past few years at the Law School, which has included Professor Myres S. McDougal of Yale Law School, Dean Hobert D. McKay of New York University, Dr. Andrew Watson of the University of Michigan, Professor Wolf~all~ Friedmalln of Columbia University, and Judge Roger Traynor of the California Supreme Court. In addition to delivering lectures, these visitors participate in classes in their fields and hold informal discussions with faculty and students. While in Arkansas, Professor Rhein-

WHY TAKE

ABA Section Chairman-I/on. J. C. Deacon, Jonesboro, leas automatically elevated to the position of chairman of the Section of Bar Activities of the American Bar Association at the annual meeting. Mr. Deacon sen'ed as acting-chairman of the Call/mitt"' last year while officially chairmanelect. In addition to this major ABA responsibility, Mr. Deaco" i8 also one of the tAree Arkansas members of t!l.e 1/ au" e of Detegate,. stein will also work with Professor steve Mochary of the Fayetteville faculty on a revision of his casebook on decedents' estates and will vtsit relatives in Russellville.

The Law School had an enrollment of 335 in Fayetteville at the close of registration for the Fall Semester. The figure would have been even larger except for the fact that the admission requirement with respect to undergraduate work was increased to require either an undergraduate degree or a 2.5 grade average after three years of college. Students entering in the Fall of 1968 must have an undergraduate degree from an accredited college or university. These requirements, however, have only served to slow somewhat the continuing growth of the Law School. Law SChool growth, of course, must contemporaneously and of necessity include Law SChool improvement. The library in Fayetteville, which currently includes around 42,000 volumes, must be upgraded and increased in size within the next few yearsj and this process has in fact already begun. It is hoped that within the next ten to fifteen years, the size and quality of the library will be drastically increased. Since only a few thousand additional volumes can be housed in the present facilities, this means that expansion of the present physical plant will be necessitated at a very early date. Expansion of the facilities in Fayetteville is necessary not only because of the growth of the library, but also because of the enrichment and enlargement of the curriculum. At the present time, the Law School curriculum committee, composed of Professors LenaI', Mochary, McDonough and Wright, is considering curriculum improvement and enrichment primarily with regard to the second and third years of law study. The trend throughout the United States is to add an increaSing number or seminars, particularly at the third year level, the theory being that this provides one method of offsetting the sudent boredom which has ensued by that time and also that the pure case-study method substantially diminishes in value

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alter the first year or year and a half. Seminars can inject more variety into the curriculum, employ the problem

method as well as occasional field research, enable the student to specialize to some degree or to delve into areas which particularly interest him, and generally allow him more flexibility during his law school years.

Along

with adding more seminars and some new courses to the curriculum, attention must be given to the development ot a comprehensive legal writing and research program which will permit students to develop their writing skills to the utmos!. As the Law School has grown In size, a smaller percentage of students participate actively in the work of the Law Review. Yet, this group which does not participate in Law Review work Is usually the group which needs the most assistance in this regard. In addition to the foregoing, it is hoped that the curriculum may in time be improved through a broadening of courses and activities in the areas of trial, appellate, judicial and ofUce practice} A current adjunct to the curriculum in this respect is the exploration of possibilities with regard to participation of the students in such legal aid programs as may be developed by the Washinglon and 5ebastlanCounty Bar

Associations. Although these situations involve problems of a particular type which vary in some obvious respects from normal law practice, they do nonetheless provide introduction into the functioning of the legal process in that limited context. Consequently, student participation in such cases with practicing attorneys can serve as a valuable tool in better preparing the student to undertake law practice. The same concept underlies the Bar's preceptorship program. Growth of the curriculum through a proli!eration of courses and seminars designed to better prepare students for the practice necessarily entails an additional allocation of space for seminar rooms and possibly another large classroom. Moreover, enrichment of the curriculum in this manner will require more faculty members, which will in urn necessitate more office space for faculty and secretaries. The result is that to develop the Law School along the lines which it should be developed, the waterman Hall physical plant will have to be expanded in the immediate future. Related to the foregoing, of course, is the recruitment and retention of an able faculty and the creation of a stable faculty situation with limited faculty turnover. These objectives go hand in hand with the continuing improvement and development of the law school program.

The Little Rock Division of the Law School had an enrollment of 86 students this Fall, of whom 43 were new to that division. (Thirty-eight were teginning their law study, and five transferred from elsewhere, largely from Fayetteville.) Of the total enrollment, 58, are classified as first-year students, 17 as second-year, nine as third-year, and four as special students. A new chapter of Phi Alpha Delta law fraternity was installed at the Little Rock Division in November by the initiates of Garland chapter at Fayetteville. The Little Rock chapter will tear the name of Joe T. Robinson, the late Senate Majority Leader from Arkansas under Franklin D. Roosevelt. Nine students were initiated, and Professor Jerome F. Leavell, one of the chapter's advisors, was also initiated. Professor Jim Spears is the other advisor. The Little Rock Division has also organized a student bar association and an honor council. William C. McArthur, Sheffield Nelson, Dale M. Taylor and Robert Neighbors hold office as President, Vice PreSident, secretary and Treasurer, respectively, of the Little Rock student bar. John W. Raines is chairman of the honor counCil. Professor Leavell of Little Rock has been appointed as a consultant to state securities Commissioner Don Smith, and will work in preparing new examinations for the licensing of broker-dealers and investment advisors in the state.

********** The Arkansas Law Review has recently adopted an operating manual Which will serve to standardize and improve its operations and the implementation of its policies. In addition, the Board of Directors has approved an increase in the page size of the Law Review with the result that new volumes of the publication (after the current volume) w11l be '-taller" than in the past. This is actually only a readjustment of the page size of the publication to conform to that most common in American law reviews today. Also, the name of each article will appear at the top of each page above the text. These changes will not involve any additional expenditures on the part of the Law Review. The Law Review, incidentally, has received or has been promised a very substantial num ber of leading articles by prominent professors, judges and attorneys. Professor Ray Parnas is Faculty Editor of the Law Review. Jorumy Lineberger is student Editor-in-Chief. In other news of Fayetteville faculty, Professor Ray Trammell, who is the current President of the National Association of College and University Attorneys, was recently selected by that group as its delegate to the meetings 19

of the American Council on Education ...Professor Robert R. Wright will address the annual meeting of the Highway Research Board of the National Academy of Sciences in Washington, D. C., in January,' on the subject of legal problems in the use of airspace over highway rights of way...Professor Steve Mochary is w 0 I' kin g with Professor Wright on a portion of the Uniform Probate Code, currently under consideration by a committee of the National Conference of Commissioners on Uniform State Laws. Mr. Wright is also chairman of a special committee of the Conference to consider a Uniform Eminent Domain Code.

'. Many law students today, among other things, cannot write or spell with any notable quality. This statement is not intended as a blanket indictment because it is not appropriate in all cases. It is, however, rather prevalent; and at various gatherings of law professors, this same comment has been made with respect to other law schools, so that it may be concluded that the same phenomena has been noted elsewhere. This is perhaps attributable In part to methods adopted by the public schools around the time our current crop of law students were in attendance, in which the schools, among other things, developed theories ofpermissiveness in education which placed a lesser premium on accompUshment. Moreover, they were often faced with large classes, taught by inexperienced teachers. Along the way, there seems to have been a de-emphasis on learning the basic skills. We are now reaping the harvest; we have to teach them to write. The most important course for a pre-law student (as for anyone who aspires to consider himself "educated") is still the English language. o

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Association Lawyers Serving On American Bar Association Committees The new American Bar Association Directory reveals 20 lawyers from the Arkansas Bar Association have been eJected or appointed to se rye on sections and Committees of the ABA for 19676B. All appointments to the Association's

sixty-four standing and Special CommIttees were made by ABA President Earl

F. Morris of Columbus, Ohio. Appointments to the committees of the twenty-

one sections were made by section chairmen

who

hold office through section

elections. Also included are the names of those

elected to serve as officers and council members of sections, and as members of the House of Delegates. Arkansas Bar Association lawyers

serving on ABA committees are: Joe C. Barrell,Jonesboro--Members, Advisory Committee of the Commtttee on Helations with Lawyers of Other Nat ton Sj Chairman, International and Comparative Law Committee. Wayne Boyce, Newport - Member of the Council, Gene,-al Practice section and vice-chairman of the National Institute Committee. Phillip Carroll, Little Rock - Chairman of the Award of Merit Committee of the Bar Activities section.

Frank Cox, Little Rock - Slale chairman of the Local Government Law Committee. John C. Deacon, Jonesboro- Member of the House of Delegatesj state chairman of the Membership Committeej member. Special Committee on Crime Prevention and Controlj member, Gavel Award Committeej Chairman, Bar Activities Committee. Oscar Fendler, Blytheville - Member, Committee on Education A b ou t Communism and Its Contract with Liberty Under Law; member of the state Legislation Committeej member oHhe council of the General Practice sectionj member I National Institutes Committee of the General Practice section. John A. Fogleman, West MemphisArkansas representative of the Circuit Grievance Committee for the Eighth Circuit. Herschel H. Friday, Jr., Little RockMember of the House of Delegates. Chief Justice Carleton Harris, Little Rock - Member Counct! of the Conference of Chief Justices. Jack Holt, Jr., Little Rock - Member, Committee on Lawyers in the Armed Forces. Robert V. Light. Little Rock- Vicechairman, Committee on Office Proce-

20

dures of the General Practice section. Ronald A. May, Little Rock- Member, Association and Advisory Committee of the Committee on Continuing Education of the Barj member, Association and Advisory Committee of the Committee on Electronic Data Retrieval. Burl C. Rotenberry, Little Rock - State Chairman of the Committee on Defence of Indigent Persons. Edward J. Ruebens, West MemphisMember of the Associates and Advisory Committee of the Traffic Court Program Committee. J. L. Shaver. Wynne- Member of the State Legislation Committee. Mrs. Neva B. Talley, Little RockSecretary I Family Law Section. James I. Teague, Little Rock- Vicechairman, Fire Insurance Law Committee of the Insurance. Negligence and Compensation Law Section. James E. west, Fort Smith- Member. Associate and Advisory Committee of the Federal Legislation Committee. Edward L. Wright, Little Rock - Former chairman, House of Delegatesj member Advisory Committee ofthe Committee on Education About Communism and Its Contrast with Liberty Under Lawj chairman. Committee on Evaluation of Continued on folloWing page


Every Day Justice Concern Of MJA Members

.Judgc Wit ton E. Stced The members of the Arkansas Municipal Judges Assorlation are concerned primarily with what might be termed as every day Justice. 1 say this because the members of our :.lssociationa,'ecOl1frollted every day with charges against citizens who have never and will probably never again he inside a courtroolll. TIlE'Y are those who have committed a minor infradion of the law lll"OhaiJly fOI the first time and llope£lIlly the last. Some appear without lawyel"." ;lnt! completely beflilidled hy the dlTlImstarwes whi('11 hrought them befOI"e :J Municipal Judge and more ('011fused lIy what in~ues in the courtroom itself. The!-;e people deserve treatment which will show them they have been treated birly anti impartially. It Is tl'ue, however, that in a large lIumher of cases, these people who are normally good citizens are faced with less than adequate courtroom facilities, and

ASSOCiatiOn Lawyers Continued from preceeding page

Ethical Standards; member of the Council of the Committee of Judical Administration. James E. Youngdahl, LittleRock-Cochairman, Committee on Equal Employlllent Opportunity Law As it Arrects Labor Relations Development of Law, Practice and Procedure, of the Labor Relations Law section; CO-Chairman, Eighth Circuit Regional Committee of the Labor Law Relations section.

thus a lack of court decorum. It is not difficult for us under these circumstances to realize that those otherwise good people might adopt an attitude of distrust not only for Municipal Courts hut for all courts of justice. Another type of offender which frequents the courts of our members is the youthful ofCenders. Again it may be the first or subsequent 0 f fen d e r s, but in either case they 100 are faced in many cases with the fact of inadequate facilities, but far more important is the fact that many Municipal Judges do not have the resOll,'ces available to permit proper follow-up on suspended fines or probation of some types • To state briefly, Municiapl Judges generally have less than desirable courtroom facilities and less than adequate staCfs to property study the cases before them and to provide a proper follow-up on the cases. It is for these rea son s that the members of the Arkansas Municipal Judges Association feel that they must in order to give fair and impartial justice be recognized as courts and given adequate

facilities and resources with which to conduct a court respected by those who come before it and a court which can give follOw-up attention to cases, particularly those which involve youthful offenders. It is this last catagory which gives members of the association most concern. It is not doubted by the Municipal Judges and should be of lillIe doubt to the public that youthful offenders if given proper treatment whether that be punishment or leniency will respond favorably. My desire then as President is to encourage the officials responsible to provide adequate facilities for their Municipal Courts and to work with the Municipal Judges in providing resources and personnel to properly follow up on cases when suspended fines, probation or some other corrective judgement is given by the Judge. These, I believe are also the aims of the association as well as the utilization of the members and the association as a whole of any means to insure fair, impartial and equal justice toall who come before the Municipal Courts. This we will have when we have what could be termed as every day justice.

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The South Carolina case that had been consdidated with Brown Cor argument in the SUpreme Court, on remand, was Briggs vs. Elliott, 132 F. SUpp. 776 (1955). Speaking for a three-judge district court Judge John J. Parker, a giant in American jurisprudence, said: "Nothing in the Constitution or in the decision of the Supreme Court takes away from the people Creedom to choose the schools they attend. The Constitut1on, in other words, does not require integration. It merely forbids discrimination. It does not forbid such segregation as occurs as the result of voluntary action. It merely forbids the use of governmental power to enforce segregation." This fundamental principle has been embraced by the Court of Appeals of every circuit where there has been significant litigation spawned by Brown.3 rt was also incorporated in the Civil Rights Act of 1964 when Congress excluded as an area of federal concern racial imbalance in the public schools. The Act expressly withheld from the Attorney General authority to bring suit to require transportation of students to achieve racial balance in the public schools, and provided that "desegregation" in the subchapter dealing with public education "shall not mean the assignment of students to public schools in order to overcome racial imbalance ..." (see 42

School Desegregation Continued from page 11

Arkansas school districts to manipulate assignments to reach the specified percentage of race mixing. The most common device to accomplish this by districts using the freedom of choice assignment procedure has been the recruitment of additional Negro students to attend the predominantly white

schools. Neither H.E.W. nor counsel for plaintiffs in school desegregation suits in Arkansas have yet insisted on the reverse of this process, i.e. assigning a minority group of white students to a formerly all-Negro school to achieve a racial balance there.

While the absence of such a demand does

recognize realities, it is not consistent with the claim that a racial balance is the only valid test of progress of desegregation. School District Obligation? This claim raises the question of primary importance to school administrators in Arkansas, and to lawyers seeking to advise them in desegregation matters. What is the obligation of a school district by virtue of Brown, and what is the test to determine when that obligation has been Cully discharged? The claim was made in the original Brown case, on remand to the three-judge court in Kansas, that the SUpreme Court's decision required affirmative mixing of the races and that therefore some change must be made in a school attended only by Negroes located in an all-Negro attendance area. Brown v. Board of Education, 139 F. SUpp. 468 (1955). The court rejected that claim saying: "Desegregation does not mean that there must be intermingling of the races in all school districts. It means only that they may not be prevented from intermingling or going to school together because of race or color."

U. S. C. A. $2000c-6 (a) and 2000c (c)) Brown, Briggs and Jefferson County

While the Court of Appeals for the Fifth Circuit which has borne the heaviest burden of school desegregation litigation4 adopted the Briggs concept and repeatedly adhered to it, those earlier decisions were overruled and Briggs repudiated in United states v. Jefferson County Board of Education, 372 F. 2nd 836 (5th Cir., 1拢166), on rehearing en bane 380 F. 2nd 385 (5 Cir., 1967), cert, den. October 9, 1967. The court said at page 878 of the first opinion: "The only relief approaching adequacy is the conversion Continued on page 24

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r

Legal Education

Oil And Gas Institute Set For April 18-19

Continued from page 17

pared and presented by the Joint Com-

mittee on Continuing Legal Education of the American Bar Association and the American Law Institute, the section of Taxation of the American Bar Association, and the Practicing Law Institute. It has thus far been presented in many

States and has been well-received. The speakers for this program would be supplied by these national legal groups

(ABA, ALI and PLI), although most of the speakers will probably be from this gen-

eral area of the country.

The various

sessions of the conference would consid-

er such problems as introduction to the estate tax, property owned by the de-

cedent, transfers in contemplation of death, other inter vivos transfers, annuities, jointly owned property, powers oC appointment, IUe insurance, valuation, exemption, expenses, debts and losses, the charitable deduction, the marital deduction, computation of the tax and tax credits, the effect of state law, estate tax procedure, transactions subject to the girt tax, the mechanics of gut tax evaluation, jointly held properly, gift tax returns and procedure, and various Cederal income tax problems. A stUdy outline Cor the registrants will be included in the price of the course. The outline has been prepared by such individuals as ProCessor William Andrews of the Harvard Law SChool, ProCessor Douglas Kahn of the Michigan Law School, and attorneys Michael J. Egan, Jr. oC Atlanta, Earl M. Colson of Washington, D. C., and George Craven of Philadelphia. It is 209 pages in length and represents two years oC intensive work. This course will probably be held on July 19-20, although the dates have not been finalized at this time.

********** The Law School has occasionally received inquiries concerning material which might be of assistance to practitioners in the preparation oC criminal cases. A new two-volume set entitled, flTrial Manual Cor the Defense of Criminal Cases," has recently been published through the auspices oC the Joint Committee on Continuing Legal Education of the American Law [n s tit ute and the American Bar Association. This was prepared as a joint project of the American College of Trial Lawyers and the National Defender Project. The work itself was performed by Professor Anthony G. Amsterdam of the University of Pennsylvania Law School, and attorneys Bernard L. segal, past president of the American College of Trial Lawyers, and Martin K. Miller of the Philadelphia Bar.

The annual on and Gas Institute is scheduled to be held at the Majestic Hotel and Lanai Towers in Hot Springs on April 18-19, 1968. An outstanding program is in the process oC being prepared by co-chairmen Robert Vater of Fort Smith and Ed Keith of Magnolia. Speakers will include Spence Leamons of Fort Smith, who will discuss the effect of oil and gas commission orders on lease obligationsj Edwin P. Jones of EI Dorado, whose topic will be recent developments in minerallawj Cecil Munn of Fort Worth, Texas, and Louis Fischl of Ardmore, Oklahoma, who w1l1 together consider what constitutes a fair market price for gas, market value, catching up on production and split stream connections, factors to be considered in determining prices, and related subjects under the general topic of flGas Royalty--At What Price." Wyatt H. Thomas oC Shreveport, La., who will deal with certain management problems in the oil and gas fieldj and Paul M. Shaver of Fort Smith, who will discuss the measure of damages for drilling producing operations. Luncheon speakers for the meeting will be Ed Albares, who is in charge of the Natural Gas Production Division of the Federal Power Commission and is a

MIlImum Fee Schedule Continued from page 13

among coparceners, joint tenants, or tenants in common, or for confirmation of title to land, not less than.••.•.$25.00 Filing patttion of discovery in aid oC proceedings at common law, or answer

thereto

$25.00

The above rules are intended to establish the lowest rate of compensation, and not to restrict gentlemen from taking higher compensation in cases of dUficulty or magnitude.

Sec. 2. In all IIttgated cases it shall be deemed an inflexible rule of practice for each member of this Association to agree (at the time oC his retainer) with his client for a certain fee, and to exact his note for the same. sec. 3. So much of the foregoing rules and regulations as respects fees and compensations, and the mode of securing the same, shall be printed on sheets of paper, with the names of those members who have subscribed the same and one of these sheets shall be retained in the oCfice of every attorney and counsellor at law, to the end that every gentleman may show to his cHent, if there by any occasion to do so, the rules by which nis practices is to be governed. 23

former Director oC the Arkansas Oil and Gas Commission; and D. M. Ryan at Fort Smith, a petroleum geologist, Who will present IIA Geologist's Opinion of Lawyers and Landmen." With respect tothe out-of-state speak.. ers listed above, Mr. Munn is General Counsel of Champlin Oil Company and a senior partner in Canty, Hanger, Gooch, Cravens & SCarborough oC Fort Worthj Mr. Fischl is a partner in Fischl, Culp & McMillin of Ardmorej and Mr. Thomas is Vice-President of Arkansas-Louisi.. ana Gas Company. Entertainment will include a cocktail party on the evening of April 18, at which the refreshments will be served by some French waitresses, and a style show and coffee for the ladies which will include door prizes (and the latter, r assume, will not consist of the French waitresses).

Visiting Professor ProCessor A. G. Eckhardt of the University of Wisconsin Law School will be a Visiting Professor of Law at the University of Arkansas in Fayetteville during the Spring semester. He will teach courses in Estate Planning and Estate and Gift Taxation. Professor Eckhardt holds two LL.B. degrees, one from George Washington University and the other from the University of Wisconsin. He also holds the B.A., LL.M. and S.J .D. degrees from Wisconsin. Gus is one of the leaders in continuing legal education in the United States, having served until recently as part-time Director of the Institute of ContinUing Legal Education for Wisconsin (CLEW). This [nstitute is housed in the Law School in Madison and is staffed by a number of attorneys employed on a full-time basis for this purpose. Gus was a practicing attorney in Wisconsin and a member of the George Washington University law faculty in Washington, D. C., prior to joining the Wisconsin faculty in 1954 as an Associate Professor. He also served for a whlle as Assistant Dean at Wisconsin. In addition to being a charter member of the Association of Continuing Legal Education Administrators, Gus attended both Arden House Conferences on the SUbject and recently participated in a national conference in Washington on the role of the law school in continuing legal education. He relinquished his position as Director of CLEW last summer and is now teaching estate planning and related courses on a fUll-time basis, having taught such courses part-time for many years.


School Desegregation

importance it would seem that a majority of the eight judges adhere to the Briggs principle. Rogers v. PaUl, 345 F. 2d 569 (8 Cir., 1967)j and Yarbrough v. Hulbert-West Memphis School District, 380 F. 2d 962 (8 Cir., 1967). However, this view is not unanImous. see Judge Heaney's opinion in Kelley v. Altheimer, 378 F. 2d 483 (8 Cir., 1967) and JUdge Lay's concurring opinion in Yarbrough, supra. For the present Clark sets the standard for the circuit and it holds that a fairly administered freprlom of choice plan in which students are given an annual opportunity to choose their school is a constitutionally permissible method of desegregation, and is not demonstrated to be insufficient because it does not produce a racial balance in the schools. The most important recent decision from the other circuits in agreement with Clark is Monroe V. Board of Commissioners, 380 F. 2d 955 (6 Cir., 1967)which rejected the Jefferson County holding that school districts which had practiced dejure segregation were constitutionally obligated to achieve racial balance while those districts over the nation where de facto segregation has been, and is, the pattern are not so obligated. Misunderstood Features Frequently misunderstood features of the currentdesegregation process in Arkansas are; 1. H. E. W. "gUidelines" do notfurhish the ultimate measure of a school district's constitutional obligations. Clark, supra. These regulations simply set an administrative standard by which H. E. W. measures the district's eligibility for federal 2. The validity of the "guidelines" is an open question. They have been attacked in several courts, but this litigation has not produced any decisions that are really helpful. They have been held invalid by one of H. E. \V.'s own Hearing Examiners. In the matter of Calhoun County School District No. I, H. E. W. docket number CR-206, CR-207, CR-231, and CR-232.

Continued from page 22

of the still-functioning dual system to a unitary, nonracial syslern--Iock, stock and barrel. this process be 'integration' according to the 1955 Briggs court, so be it. In 19G6 this remedy is the relief commanded by Brown, the Constitution, the Past, the Present, and the wavy fore-image of the Future." The ultimate solution reached by the court, in light of its own pronouncements. isastand~rddecreebasedontheII. E. W. guidelines to be entered in the cases then before it, and also to be entered hy the district courts of that circuit in school desegregation cases now pending or yet to be filed.

"u

On Oct. 9, 19G7 the Supreme Court denied certiorari in Jefferson County and also in Deal v. Cincinnati Board of Edu-

cation, 369 F. 2nd S5 (6 Cir., 19(6) in Which the Sixth Circuit Court of Appeals had reaffirmed the Briggs principle. In declining to resolve the conflict it would seem that the Supreme Court is leaving each Court of Appeals at liberty, for the present, to call the shots on the pace and methods of school desegregation in the States in its circuit. In this area therefore, the views of our own Court of Appeals assume even more than the usual importance. Of overriding 3. Springfield School Committee v. Barksdale. 348 F. 2ei. 261 11 Cir •• 1965); Swann v. Charlotte-Mecklenburg Board of Education. 369 F. 2d 29 14 Cir•• 1966); Avery v. Wichita Independent School District. 241 F. 2d 230 (5 Cir.• 1957); Deal v. Cincinnati Board of Education. 369 F. 2d 55 16 Cir.. 1966); Bell v. School City of Gary. 324 F. 2(j 209 t7 Cir .• 1963): cert. den 377 U.S. 924; Ro-gers v. Paul. 345 F. 2d 11718 Cir.. 1965); Downs v. Board of Education of Kans<ls City. 336 F. 2d 988 pO Cir .• 19E4). cert. den. 380 u.S. 914 4. At page 860 of lhe first Jefferson County opinion it is noted that there have been 42 (If these cases before that court and many of these involved multiple reappeals. Thus that court had heard over 75 of these appeals at the time Jefferson COunty was decided.

Continued on page 26

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Members of the Mineral Law section are conducting a membership campaign among the lawyers of the Arkansas Bar Association.

John L. Anderson and Douglas Anderson announce the formation of a partnership for the general practice oC law under the firm name ANDERSON AND ANDE RSON. Helena National Bank BuUd-

No additional dues are required. Article II of the section of By-Laws provides: "Any member of the Arkansas Bar Association who desires to become a member of this section shall, upon request to the Secretary of the Section, be enrolled as a member. Members so enrolled shall constitute the membership of the section." Anyone interested should contact Mr. Gerald DeLong, 214 North Sixth Street, Fort Smith, Ark., 72901.

Mr. Ben Core, chairman of the section has issued the following statement: "If your practice includes giving opinions on land titles or representing landowners or others interested in mineral development, you will benefit from membership in the Mineral Law section.

ing, Helena, Ark. WALTER R. NIBLOCK AND RICHARD HIPP are pleased to announce that MAHLON G. GIBSON has become as-

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ALFRED J. HOLLAND announces the opening of his office for the general practice of law, Danfill Building, 215 West 6 Court, Paragould. JOE

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School Desegregation Continued from page 20

3. If a freedom of choice plan is fairly administered, the amount of racial mixing it produces is irrelevant in determining whether the district is meeting its constitutional obligations. Clark and Yarborough, supra. 4. During the transition period some measure of racial balance must be achieved in faculty assignments (Clark and Altheimer, supra), and Negro leachers displaced ill the desegregation process have the right to be considered for any

vacancies in the system and may be entitled to a comparative evaluation with the incumbent teachers. Smith V5. Morrillon, 365 F. 2d 770 (8 Clr., 1966).

5. The federal courts have the authority to intervene in such matters as school construction plans and site selection if local authorities can be shown to be exercising their discretion In these areas solely to perpetuate segregation, but plaintiffs must satisfy the burden of proving such charges to secure relief. Raney vs. Gould, 381 F. 2d 252 (8 Cir., 1967).

Lncoln

DEAN

C.

now Do You Measure Progress? Measuring the adequacy of progress of desegregation has frustrated lawyers and judges alike because of the unique approach of the Supreme Court Indeclarlngapractice to be unconstitutional, but mandating t hat ft could be abandoned gradually. Thus the legal question throughQut the transition period has been how much unconstitutionality is judtcally tolerable at any particular time. No existing precedant defined the deliberate speed with which the Supreme Court decreed in 1955 that the process would proceed, and its contributions toward a definition subsequent to Brown have been largely confined to impatient observations that there has been too much deliberation and not enough speed. The unsolicited burden of supervising this socia-legal revolution fell on the district courts. They were given few navigational aids with which to steer the course mandated by the Supreme Court. In the past twelve years many a district judge, struggling with this problem, has found it necessary to remind himself as well as the litigants that he took an oath to uphold all the laws--not just those with which he agreed. Unanswered Questions The fl:ture course is charted with no more precision than that we have just traveled. Many questions remain unanswered. When is the transition period over? When is 11 district or a school "fully desegregated?" How large a measure of racial balance of taculties will be required? Will school authorities be permitted to apply the "best qualified available applicant" standard In employing teachers it this results in a shrinkage ot employment opportunities tor Negro teachers? These and many other questions will be raised. H. E. W. has the answers to them all. However, the people of Arkansas are tortunate that the answers tor this state will come from fudges and be measured by the requirements of the Constitution, not from an administrative agency in Washington and grounded on sociological theory and political expedient. Our Court of Appeals has shown no inclination, as has the Court for the Flith Circuit, to abdicate its constitutional obligation to define constitutional rights. In Clark, on rehearing, Judge Gibson

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26


JURIS DICTUM By

Judge ERNIE WRIGHT

Elected

National Conference

Chancellor Ernie Wright of Harrison, Judge of the Eleventh Chancery Circuit was unanimously elected President of the

State Judicial Council of Arkansas at its annual meeting held sept. 29 at the sam

Peck

Hotel

in

Little Rock.

Circuit

Judge Bobby Steel of Nashville, Judge

of the Ninth Judicial Circuit was elected Vice-President, and Circuit Judge Tom Digby of Little Rock, Judge of the Third Division, Sixth Judicial Circuit was

elected Treasurer.

C. R. Huie

Judge Wright suc-

ceeded Judge Andy Ponder of Newport

who is presently J in addition to his judicial duties, serving as Chairman of the Penitentiary Study Commission.

National College The Council, which is composed of

all state appellate and trial judges and five members or the Arkansas Bar Association, has been active in promoting continuing legal education of the judiciary and at its September meeting heard reports from Judges W. H. Arnold lII, Joe Villines, Warren Wood, Ernie Wright and Tom Digbywho had attended sessions of the National College of State Trial Judges held at the University of Nevada and the University of Pennsylvania last summer. All exhibited enthusiasm for the National College and its objectives. Criminal Procedure Rule I C !'iminal Procedure Rule 1 was the subject of a discussion by Justice Conley Byrd who emphasized the importance of a good record in criminal cases, particularly in the early stages of arraignment when the accused's constitutional rights are explained to him. 8rown's nomb Justice Lyle Brown, who had attended the Appellate Judges Seminar sponsored by the Institute of Judicial Administration held in New York University gave a glowing report on the activities and work of that group. Incidentally, Justice Brown, according to the "New Yorker ," made a lasting impression on the group which included U. S. Supreme Court Justice William J. Brennan, Jr., when, in reply to a question concerning the admissibility of hearsay from a dying atheist riposted, HThem? They're not my problem. They're all in New York."

Peripatetic Chancellor Royce Weisenberger of Hope, who had attended the National Conference of state Trial Judges as the delegate from Arkansas, made a most interesting report on the activities of that organization, and in addition gave a brief resume of the progress being made by the Family Law Section of the American Bar Association. Neva B. Talley of the Pulaski County Bar has the distinction of being Secretary of that group. For those who have thus far overlooked it, the opportunity still exists to enjoy the superlative craftsmanship, unique style, and rare humor contained in Justice George Rose Smith's"Primerof Opinion Writing for Four New Judges." Just turn to page 197 of Volume 21, No.2 of the "Arkansas Law Review" and in addition to a view of the inner workings of the Supreme Court, the reader will be given a pleasant and painless safari through the pathways of the judicial mind. By way of extra specifically at neophyte justices, may well be taken to heart by pleading and brief writers.

"Legalisms" "A legalism is intended here to mean a word or phrase that a lawyer might use in drafting a contract or a pleading but would not use in conversation with his wife. I absolutely and unconditionally guarantee that the use of legalisms in your opinions w11l destroY whatever freshness and spontaneity you might otherwise attain. None of the judges whose opinions can fairly be said to be really literate--Holmes and Cardozo come to mind--were addicted to this pernicious practice. "My advice springing from a deep conviction, is a flat Nevel'. Repeat, Never. Let's take a look at five of the legalisms most often seen in opinions. (There are many others) "Said in the sense of aforesaid. 'Said statute provides .... ' Or, as a husband might say to his wife, II can do with another piece of that pie, Dear. said pie is the best you've ever made.' (I don't imply that aforesaid is any better. It isn't, being itself a legalism.)" The feader may satisfy his curiosity 27

concerning the four additional said legalisms by reading the aforemenUoned article in the aforesaid Law Review.

The

~'arital

Front

Judge Richard Mobley of Russellville (Ninth Chancery Circuit) may have effected a major breakthrough in the DMZ (Domestic Military Zone). Confronted with a rising tide of domestic difficulties, Judge Mobley authored and published on Sept. I, 1967 a "Handbook for Domestic Relations Litigants" which may afford him and his harried clerks some rellef from the constant barrage of telephone calls and inquiries which is the common problem of most chancellors and chancery clerks. The "Handbook" which is a combination of court rules, orders, and instructions is delivered to both parties at the outset of the action. Conduct of the parties, insofar as the litigaUon Is concerned, is explicitly regulated, as is the method of payment of costs, attorney fees, alimony, and child support. A particularly troublesome area In most cases is that of delinquent support payments. JUdge Mobley's rule requires that all payments shall be made to the clerk, who is allowed a small fee (25C; per payment) for handling and keeping books. This fee is paid by the person making the payments. Payments are received by the cierk only during business hour on Fridays and until noon on Mondays, and are picked up at the clerk's office by the person to receive them only on Mondays of each week from one to four p.m. Information regarding support payment is not given by telephone, and is given only on Mondays from one to four p.m. Preliminary reports indicate that the new rules and regulations are functioning smoothly with resultant relief to clerks and other court personnel. Copies of the "Handbook" have been mailed to all chancellors. The Judicial Department has an additional supply which will be distributed to interested attorneys on a first come first served basis.


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The self-employed needed an easier retirement plan... so these men prepared one Saving under a self-retirement plan gives you tax immunity now and lesser rates later ... two old advantages that aren't likely to change. What has changed, though, is the r -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - â&#x20AC;˘ method of arranging your retirement. Worthen, WORTHEN BANK & TRUST CO. with Uncle Sam's approval, has created a new plan P. O. Box 16811 Little Rock, Ark. 72203 which is now available to self-employed residents of Arkansas.

Please send free literature on Worthen's Self¡ employed Retirement Plan to:

A free outline for your study and examination is available; just complete and mail the coupon shown or call any Worthen Trust Officer at FRanklin 4-4392. Plan your retirement now. Worthen and Uncle Sam have made it

Name

easier for you.

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Address

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City 1...

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Escape to the warm sunshine of South America! The South American Adventure is a once in a lifetime chance to make your vacation dollars go farther than you believed' possible ... all the way to four of South America's most exciting capitals - QUITO , , , SANTIAGO, . , BUENOS AIRES, , , RIO DE JANEIRO, It's your vacation, just as if you had planned each day yourself, Sightsee, golf, shop, bask in the sun, nightclub or relax whenever you please for two all expense-paid fun filled weeks! It's a completely new way to travel to South America,

The Arkansas Bar Association Club

SOUD AlIBBICAI ADVBITUBB $788 ~

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Send to:

Departing Little Rock February 1, 1968

RETURN THIS COUPON NOW!

The Arkansas Bar Association Club 314 W.' Markham Little Rock, Ark, 72201 Enclosed is my check for $ ($100 per person) representing deposit. I understand the total deposit will be refunded if it becomes necessary to cancel my South American Adventure membership at least 60 days before departure, when final payment is due, NAME PHONE AODRESS CITY

STATE

ZIP

NAME PHONE ADDRESS CITY

STATE

ZIP

MAKE YOUR RESERVATIONS NOW-SPACE STRICTLY LIMITED!


DECEMBER 1967