JANUARY 1986

Page 8

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the district was vacant. but dismissed it when the vacancy was filled. The cases cited were decided while the Constitution of 1836 was in effect. but the pertinent language as to the superintending control of the Supreme Court of Arkansas in the Constitution of 1874 is identical and there is virtually no difference in any of our constitutions. so the matter was put at rest by these decisions. In this regard. see Baxter v. Brooks. 29 Ark. 173; Featherstone v. Folbre. 75 Ark. 510. 88 S. W. 554; State v. Clay County. 93 Ark. 288. 124 S.W.757. I do feel that these factual statements to which I have referred. should be corrected. Since your letter was published in The

Arkansas Lawyer. I think it would be most desirable if you would use the same vehicle for correcting these statements. Although I would prefer not to do so. I could ask that this letter be published as a response in the same section

that your letter was published. I have always admired and appreciated your zeal in performing as the chair of the Association's Judicial Council Liaison Committee. and your dedication to the improvement of the judicial system. I think your suggestions are worthy of serious considera-

tion and I believe that you and I agree more than we disagree on

such matters. With kindest personal regards. I am. John A. Fogleman 0

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