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Swift Justice of The Past... FOUNDATION FOR PROGRESS

JUDGE PARKER'S COURT IN 1885

OLD FIRST FEDERAL BUILDING

Late in 1842 the town of Fort Smith was incorporated with a population of 500 persons. Keel boats and flatboats brought settlers to Fort Smith and carried produce in and out on the Arkansas River. In the 1870's, the great ironhorse gave a real boost to the area's population and economy. West of Fort Smith, though, was the lawless Indian Territory where recourse to justice was with a gun and survival became, to a large extent, a matter of speed and accuracy with that weapon. In 1875, Isaac Charles Parker was appointed Federal Judge of the U.S. Court for the western District of Arkansas. He brought swift justice to more than 12,000 criminals and of those 88 were hung on the gallows. The 21 years he presided as Judge brought about the law and order needed to establish a more peaceful community that has grown and prospered ever since. On March 18, 1920, First Federal was organized under a state charter as the Maple Leaf Building and Loan Association and reached assets totaling $10,418.50 on December 31, 1920. The Association was founded by strong management and met the test of the Great Depression of 1929 with never an interruption in semi-annual dividends for its savers. In 1933, the Home Owners Loan Corporation was established by the Federal Government and Congress passed legislation which provided for Federal chartering of associations which could Qualify. First Federal became the first association in America to be recognized for 100% conversion and holds Certificate No. 4 from the Federal Savi ngs and Loan Insurance Corporation. At the beginning of 1934 assets were $209,000. Since that time our progress and growth have been steady and at times even swift. First Federal assets as of this month, July, will approach the $100 Million mark! With this fine record of 9rowth and rising dividends to build on, we eagerly look forward to the future and pledge even greater services to our many fine customers.

FIRST FEDERAL SAVINGS and Loan Association MAIN OFFICE SINCE 1961 6TH & GARRISON. FORT SMITH

7TH AND BROADWAY. VAN BUREN PHOENIX VILLAGE MALL. FT. SM ITH CENTRAL MALL. FT. SMITH

BRANCH OFFICES /


JUl Y, 1972 VOl. 6, NO.4

THE OFFICIAL PUBLICATION OF THE ARKANSAS BAR ASSOCIATION

OFFICERS Henry Woods, President James E. West, Vice-President James M. Moody, Secretary-Treasurer

EXECUTIVE OIRECTOR

C. E. Ransick

~e

Arkansas Lawyer SPECIAL FEAlURES "Human Pollution" .' Richard, J. Hughes 140

The Corrections Problem Past-Presidents Northwest Bar District "No-Fault" Insurance Resolutions

156

and Report ....................................•.... 148 Admissions Ceremony .............•.................. 136

EXECUTIVE COUNCil Thomas F. Butt John A. Davis, III Julian B. Fogleman John P. Gill Herman Hamilton W. D. Murphy Dale Price Robert D. Ross Douglas D. Smith, Jr. David Solomon Otis H. Turner Robert Hays Williams Ex-Officio Henry Woods James E. West James M. Moody Paul B. Young Richard F. Hatfield James B. Sharp

EDITORIAL COMMITTEE Robert D. Ross Philip E. Dixon C. E. Ransick JULY,1972

Association Directory

162

REGULAR FEAlURES Cover Story President's Report

G. Byron Dobbs 124 Henry Woods 119

Juris Dictum ............•.•............... C. R. Huie 130 Law School News Oyez-Oyez In Memoriam

Robert Brockmann 134 B. Ghormley 118 138

Executive Council Notes .....•...... James M. Moody 146

Published bi.monthly by the Arkansas Bar Association, 408 Donaghey Bldg., little Rock. Arkansas 72201. Second class

postage paid at Utlte Rock. Arkansas. Subscription price 10 non-members 01 the Arkansas Bar Association $6.00 per year and to members $2.00 per year included in annual dues. Any opinion e",pressed herein is that of the author, and not necessarily that 01 the Arkansas Bar Association, The Arkansas lawyer, or the Editorial Com-

miltee. Contributions to the Arkansas lawyer are welcome and should be sent in two copies to the Arkansas Bar Center, 408 Donaghey Bldg., Little Rock, Arkansas 72201. All inquiries regarding advertising should

be sent to Advertising Department, Arkan_ sas Lawyer, Post Office Box 4117. North little Rock, Arkansas 72116.

PAGE 117


George Holmes, Pine Bluff, has been named Boss of the Year by the Jefferson County Legal Secretaries Association. Ed Bethune, Searcy, was a lecturer and participant in a seminar of trial jUdges during their April caucus at the University of Mississippi. Buford Gardner, Harrison, has been appointed Public Defender for the 14th Judicial District. Circuit JUdge Harry Crumpler, Magnolia, has announced his retirement from the First Division Circuit Court in the 13th Judicial Circuit due to ill health and Circuit Judge Melvin Mayfield, EI Dorado, has assumed the duties until an interim judge is appointed. H. H. McKenzie, Prescott, has been inducted into the Fellowship of the American College of Trial Lawyers. Two other Arkansas lawyers so honored are Henry Woods and Sid McMath, both of Little Rock. Mr. Woods was a guest speaker at the Oklahoma Bar Association and Muskogee County Bar Association's Seminar on Admiralty and Maritime Law held during May, 1972. His topics were "The Jones Act" and "Unseaworthiness." Gerald Asher, Helena, has been appointed acting City Attorney succeeding Bill Dinning, Jr., who resigned in March. Neva B, Talley, Little Rock, is now on the Board of Governors of the American Academy of Matrimonial Lawyers. Mrs. Joseph P. Jones, Jr., Kentucky, formerly Dorothy Orsini of Little Rock, was in Little Rock the middle of June and visited with friends. O. C. Burnside, Lake Village, has been named to serve as Juvenile Court Referee in Chicot County. William R. Wilson, Jr., and William H. Hodge, formerly with the Wright Law Firm, have formed a partnership with offices at 370 Tower Bldg .. Little Rock. Gerald W. Carlyle, Newport, is now associated with the law firm of Hodges, Hodges & Hodges. Ronnie A, Phillips, Fordyce, a 1971 graduate of the U of A Law School has opened his office at 909 W. 4th. Richard L. Slagle, Hot Springs, has become associated with the law firm of Wootton, Land and Matthews. F. Wilson Bynum, Jr.• Pine Bluff, has become associated with the law firm of Dickey, Dickey and Drake. David R. Malone and James M. Roy, Jr" Springdale, have become associated with the law firm of Crouch, Blair, Cypert and Waters with Leslie L. Reid of Counsel. Robert W. Vater has joined the partnership of Martin & Evitts, Fort Smith. Vernon E. Jordan, Jr., New York, was guest speaker of The Urban League of Greater little Rock at its April meeting. Gene Schieffler, West Helena, was the guest speaker on behall of PAGE 118

By 8. Ghormley

the Speakers Bu reau of the Arkansas Bar Association at the West Memphis Rotary Club on Law Day and No-Fault. Henry Woods has also been busy with speaking engagements. three of many include the Camden Rotary Club and Camden lions Club on No-Fault and a meeting of the Private Investigators in Arkansas. Charles H. Eddy, Morrilton. Lions Club District Governor 7-S conducted the State lions Convention at Texarkana in May. The Southwest Arkansas Bar Association presented a

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program on fees to its members with Mitchell D. Moore, Osceola, as speaker. Other participants were Henry Woods, Paul B. Young, and Paul J. Hogue. A number of organizations engaged members of the Bar to address their members on Law Day. A few include: EI Dorado Rotary Club, James Spencer III, Speaker; Quota Club of Greater Little Rock, Judge Kay L. Matthews, Speaker; Jonesboro Kiwanis Club, J. C. Deacon, Speaker; Hope Lions Club, Judge Royce Weisenberger, Speaker; Club Cosmopolitan, Mrs. Nell Powell Wright, Mountain Home. Craighead County Bar Association - Herschel Friday was speaker at their Law Day Banquet and a Liberty Bell Award was given to Alan Patteson, Jr.; Proclamations were issued and the local high schools were contacted. Garland

County Bar Association - Herbert E. Hoxie, FBI Agent in Little Rock was speaker at their meeting and a special program for the junior high school. Greene-Clay County Bar A Law Enforcement officers' appreciation picnic; special programs for the schools of Clay County and Proclamations were issued. White County Bar Association A television special. The National Law and Order Test was presented; boy scouts handed out buttons; mock trials in schools and Proclamations were issued. Washington County Bar Association - Dean Joe Covington was speaker at a meeting and a Liberty Bell Award was given to Rev. Elvin Crandall; joint Proclamations by surrounding towns of Greenland, Springdale and Fayetteville; a television question and answer panel. The participants were Peter G. Estes, William B. Putman, H. Franklin Waters, James W. Gallman, Bob I. Mayes and Hugh R. Kincaid, Texarkana Bar Association - Liberty Bell Award was given and Donald Morrison, President. National Education Association presented talks to the local high schools. Independence County Bar Association Justice Frank Holt was speaker at their meeting and essay winners were announced; the Kiwanis Club, Lions Club, Rotary Club, Civitan Club and Optimist Club were all in attendance at this meeting. Columbia Bar Association - A Liberty Bell Award was given to Ike Colquitt and special programs were presented to the local high schools. Baxter-Marion County Bar Association Speakers were made available to all local civil clubs. St. Francis County Bar Association - Fletcher Long, Jr., President, made a statement to the local paper. Jefferson County Bar Association - Pine Bluff Commercial printed a tribute. Phillips County Bar Association _ A tribute was given to the law enforcement officers. Pulaski County Bar Association - A Freedom Shrine, a collection of 28 reproductions of famous American historical documents, was presented to Adams Field by Robert Shu lis and a talk by Justice John Fogleman told of the significance of these documents....

tAWDAY . U.S.A. MAYI. THE ARKANSAS LAWYER


PBISIBIIT~S

BErOIT By Henry Woods

(Text of Speech of Henry Woods to House of Delegates of Arkansas Bar Association on Assuming Presidency, Saturday, June 3, 1972.)

At the end of the forthcoming Bar year this Association will have been in existence three quarters of a century - it has traveled from the age of William McKinley to the age of Richard Nixon. It may seem trite to say that those of us who have been elected by our colleagues to positions of responsibility face unprecedented challenges. But I firmly believe it to be so. First and foremost, it is our task to implement a new constitution, which has made profound changes in the structure of our association. Our operations both procedural and substantive will establish patterns that will be followed for many years. They will be either patterns of excellence, conducive to growth, influence, and public service or patterns of mediocrity, inevitably leading to decline and insignificance.

Challenge In a sense the challenge you and I face is a microcosm of the challenge faced by our country and indeed by the free world. That challenge is whether democracy is an effective, workable method of government. Make no mistake about it - our Association has been converted into one of the purest forms of democracy imaginable. Each of you in this House of Delegates was elected by the secret ballot of the lawyers in your own community. This morning by secret ballot you have elected an Executive Council to carry out your policy between sessions of this House. But your decisions and the decisions of your Council are also subject to an even broader infusion of democracy. Any decision you make or the Council makes may be referred on a petition of 25 members to a vote of our entire membership. Also vested in the membership is the power to initiate proposals by petition to be adopted by the entire membership. This new and democratic constitution was a positive and complete response to those critics who have said that in the past our Association was under the dominance of a small and selfish clique of big city lawyers who shaped it in their own interests and for their own purposes. An examination of the truth in these charges would now be pointless. However, all would agree that the former structure did favor clique and special interest domination whether or not such domination was ever effectuated. These criticisms can no longer be made. Our new structure is in the classic "grass roots" "town meeting" mold. Membership Drive This brings me to a consideration of what I conceive to be our first task as a House of Delegates. Basic to the sucCess of a "grass roots" or "town meeting" type of organizational structure is full participation by the group affected by decisions of the organization. It is a tragic fact

JULY,1972

that almost half of the licensed attorneys in this state do not belong to the Arkansas Bar Association. There are over 2800 of the former and barely 1500 of the latter. While some of the non-members reside out of Arkansas, most are here in our midst. They must be personally contacted and apprised of the advantages of Association membership. This task is so vital that I have decided to entrust it to you as members of this House under the overall chairmanship of Steele Hays. The Executive Director this summer will provide each of you with a list of the non-members in your district. I am asking that you assume responsibility for a personal contact and a superb job of salesmanship on these people. Where necessary I am authorizing you to appoint committees within your delegate district to assist in this project. At our September meeting I will calIon each district for a report on its membership drive. Under our new constitution the old excuses for "free loading" are simply not valid. Non-members must be made to realize that membership in our Association now carries with it an equal voice in all its undertakings. They must also be made to realize that the legal profession is presently under assault in this country as never before in its history and that only through a strong and united Bar can these assaults be repulsed. I ask you to meet a modest objective during the coming Bar year. I ask you for a 20 per cent increase in Association memberships from 1500 to 1800, with confidence that you will meet and even exceed this quota.

New Bar Center Your support is essential in other important areas. After more than a decade of dreaming and planning, the new Bar Center will shortly become a reality. Located adjacent to perhaps the most hallowed building in Arkansas, the Old State Capitol, the Bar Center will be connected by walkway to the Pulaski County Law library Building soon to house one of the finest law libraries in the South. Mr. Ed Lester, Chairman of the Bar Foundation Building Committee, has reported in detail on this project. He has told you of the additional needs and requirements - money for furnishings and equipment. The fund drive to acquire this property was completed more than ten years ago. Thus a substantial portion of our membership did not have an opportunity to participate in the financing of the new center. Some pledges have gone unpaid because the slow progress of the project caused hope to dwindle for its successful completion. It will be incumbent on you as leaders of the Association, working with the Bar Foundation, to insure the successful completion of the Bar Center and to see that it is furnished in a manner befitting the state headquarters of our Association. Continued on page 120

PAGE 119


Continued from page 119 Legislative Program Provision for adequate physical faci lities, however, must not overshadow the need to revamp and reorganize some of our methods and procedures. Particularly is this true in the field of Legislation. In the 1971 session of the Legislature your Association sponsored an ambitious and progressive legislative program. Much of this program however was not enacted into law. Some bills were prepared far too late; others encountered the opposition of smaller, less influential but better organized groups. The potential political clout of our Association (which I believe is considerable) was never really brought to bear on the Legislature. Two of our legislative failures were most disheartening. In one instance we lost a bill by one vote which would have by next July provided an additional million dollars for legal education in Arkansas-this at a time when legal education in this state is in a crisis situation. We sustained another major defeat when the Legislature defeated the enactment of the 1970 changes in the Federal Rules of Civil Procedure. As all of you know, the original Federal Rules were enacted by statute in Arkansas many years ago. We have until 1970 enjoyed uniformity of procedural rules in state and Federal courts. This has been a great boon to lawyers and litigants. Not only has this uniformity now been destroyed, but we are losing the benefit of the reform and modernization effectuated in the 1970 Revisions. In order to improve our Legislative posture, several significant steps have been taken. The budget committee has approved funds to employ a full-time legislative liaison man who will function before, during, and a short time after the legislative session. In a joint meeting of the

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PAGE 120

"No-Faull" One of the principal struggles in the 1973 Legislative Session will revolve around some type of "no fault" automobile insurance plan. About 150 so-called "no fault" plans are being bandied about. While some of these are not objectionable and may even be desirable, most of them are impractical, costly and in contravention of the Arkansas Constitution. When such a plan is introduced in the Arkansas General Assembly, members of the body and the general public are going to look to the Organized bar for analysis and guidance. We must be ready with knowledge, expertise, and understanding. These plans must be jUdged, not on the basis of the effect they will have on the legal profession, but on their public impact. If a "no fault" proposal will provide greater benefits to the motoring public at a lower cost, then our profession should support it, irrespective of its effect on the income of lawyers. On the other hand, if the plan advanced will reduce benefits, in路 crease premium costs, and encourage fraud and deception, then we should oppose it with all the resources at our com-

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Jurisprudence and Law Reform, Legislation, and Executive Committees the following schedule for handling legislation was worked out. Any legislation proposed by a committee or an individual in the Association must be in the hands of the Jurisprudence and Law Reform Committee by July 31st. The committee must have it in bill form and to the Executive Council with its recommendation by August 31st. All proposed legislation will be considered by this House at it~ meeting on September 21. If approved, it will then be transmitted to the Legislation Committee, who will be responsible for its final legislative form and introduction. The full resources of this Association will be placed behind any legislation approved by this House.

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THE ARKANSAS LAWYER


mand. Any idea that our Association can remain aloof from the coming legislative struggle ovef "no fault" is pure fantasy. Whether we desire it or not, our involvement in this controversy is inevitable. A year ago our outgoing president Paul Young appointed a special committee with excellent personnel under the chairmanship of Bruce Bullion to make a continuing study and analysis of the various "no fault" plans. The members have worked assiduously. I am continuing this fine committee and requesting that its labors be redoubled as we approach the 1973 session of the General Assembly. I urge each of you to educate yourselves on the intricacies of "no fault" and to be prepared to speak and answer questions in your district. The general public is hungry for information from informed sources to replace the propaganda barrage now being leveled by a portion of the insurance industry. Client Security Fund My predecessors Jack Deacon and Paul Young, working closely with the Supreme Court and its committee on Professional Conduct, have given the impetus to a new disciplinary structure in effect since the beginning of this year. This structure is already receiving acclaim in national Bar and judicial circles. One further measure needs to be taken. We need to immediately establish a Client Security Fund to protect those who have suffered financial loss by reason of the dishonesty of a lawyer. These funds are now operating successfully in several states. Payments are made from the fund as a matter of grace and not of right, and only after discipline has been imposed on the offending lawyer. The rogues and crooks in our profession constitute an infinitesimal part of its makeup, but their defalcations are given wide pUblicity in the media. Public opinion surveys, some under bar auspices, have shown that

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the lawyer's image is distorted and to some extend mudsplattered. Much of the responsibility for such unfair image surely rests with a small number of our wayward brothers. Since we have had a major part in putting licenses in the hands of these people, when and if they use that license to prey on the pUblic, we should not only playa major role in removing the license from their hands, but also making their victims whole. In my opinion, the greatest public relations blow that could be struck for our profession in Arkansas would be the immediate establishment of a client security fund. Until some permanent means of funding can be set up, I urge that such a fund be started with voluntary contributions. The time to start is now right here in this body. I am here committing my firm to $100 as a starter. I am asking our secretary to pass around a sheet of paper, for additional commitments. I would hope that we can leave here today with at least $1,000 pledged from this House of Delegates. I have already asked our Client Security Fund Committee to draft the rules and regulations governing the administration of this fund and payment from it. Within the month a letter will be addressed to our membership asking for voluntary contributions. An average donation of $10 per member would give us $15,000 with which to begin this fund, while we explore methods of permanent financing. I cannot discuss the matter of public relations without commending the fine work of our Public Relations Committee during the past two years under the chairmanship of John Gill. On a very limited bUdget this committee has accomplished wonders with excellent TV spots and programs, a public speaking campaign, and well-drafted news releases covering Association activities. Hopefully with the projected increase in membership, more funds will be available for the important work of this committee.

Continued on page 122

~resentg ...

We are particularly pleased to honor our distinguished member . ..

Past-President Washington County Bar Association

Past-President Arkansas Bar Association

Fellow American Bar Foundation

Fellow American College of Trial Lawyers

Courtney C. Crouch

THE WASHINGTON COUNTY BAR ASSOCIATION JULY, 1972

PAGE 121


Continued from page 121 Corrections The address of Governor Hughes on Thursday has tended to highlight and emphasize the importance of another committee - the Special Committee on Corrections named by President Paul Young early this year. This committee has begun its work with much enthusiasm. Last month arrangements were made for the Corrections Committee and the Executive Committee to tour the Arkansas Penitentiary. We all were much impressed at this institution. Yet much remains to be come - in rehabilitation, vocational training, legal service for inmates, and better physical facilities. Both the state administration and penitentiary ad路 ministration have told us that they want and need our help in establishing a modern correctional system in Arkansas - one that will function not only to incarcerate a prisoner

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PAGE 122

but also to rehabilitate him and assist him after he returns to society. Law School Another state institution is very much on the minds of Arkansas lawyers our University Law School. The retirement of Dean Ralph Barnhart has precipitated the search for a new Dean. We are glad to note that Herschel Friday, longtime Chairman of our Law School Committee, was named by President Mullins to the Search Comm!t!ee along with Randy Warner. The new Dean faces many problems. He will need the active support and encouragement of each member of this Association. Unfortunately, bitter factionalism has appeared among the faCUlty of the Fayelteville campus of the Law School. Unless completely extirpated, it can destroy student as well as faculty morale. It has already resulted in a well publicized investigation by the American Bar Association, whose report will be shortly forthcoming. Our Law School Committee, which contains three attorney members of the University Board of Trustees and is chaired by Herschel Friday, has kept close touch with Law School developments. Herschel, ol'.le of the busiest practitioners in the state, has given most liberally of his time in trying to help solve some of the knotty problems at the Law SchooL I know that I speak the sentiments of this House in assuring Herschel and his fine committee that they have our complete support in their efforts to improve the quality of legal education and to assist our Law School through its present difficulties. Committee Appointments In mentioning these few committees, I do not mean in any way to denigrate the importance of the other committees of this Association. Many of them are performing work just as vital as the ones I have mentioned. In making committee appointments for the coming year, I endeavored as much as possible to give his first preference to each member who expressed a desire to do committee work. Understandably this could not always be done. In every instance, however, he was given one of his alternate choices. You will be interested to know that every single person seeking a committee assignment has been given one. Early in May, I scheduled three days of meetings with the old and new chairman of each committee. Together we formulated a program of activity. The success of this administration, which is yours as much as mine, will depend upon how well these committees carry out the programs that have been formulated. In order that you will have a direct part in the supervision of these fifty committees, I will assign four committees to each member of the Executive Council whom you have today elected from this body. The council member will be responsible for maintaining close liaison with the four committees assigned to him. He will be expected to report to the Council, its officers, and this House as to the manner in which Committee responsibilities are being performed. If a committee is falling down in its work, we want to know about it before the Bar year is gone. Timely assistance in terms of personnel and advice can often salvage an inactive and ineffectual committee. Commitment In closing let me call to your mind the words of a great American President. Theodore Roosevelt once said that each man owes a part of his life to the service and improvement of his chosen profession. In taking the time and trouble to offer yourself as a candidate for this House and in undertaking the serious responsibilities associated with your election, you have made a substantial down payment on that debt .... THE ARKANSAS LAWYER


Progress occurs when courageous and ski/lfulleaders take the opportunity to change things for the better . ..

Heartsill is all of these ...

Heartsill Ragon

Past President Arkansas Bar Association

Past Chairman and Member Many Association Committees

Commissioner Arkansas Oil and Gas Commission

Founding Director Arkansas Bar Foundation

President United Savings Association of Fort Smith

Deacon Central Presbyterian Church

AND 50, it is our privilege and pleasure to recognize Heartsi/l as a progressive leader ...

DYKE ASSOCIATES. INC. BUILDING MATERIAL DISTRIBUTORS MORTGAGE BANKERS SERVING ARKANSAS AND THE SOUTH SINCE 1870

309 CENTER STREET JULY. 1972

LITTlE ROCK, ARKANSAS PAGE 123


• the Arkansas Ozarks History of Law In , I

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(Editor's comment: Our noted authority on the Judge Isaac C. Parker era, Mr. Dobbs chronicles an earlier chapter in the interesting, and frequently violent, history of law in the Arkansas Ozarks.)

i Archibald Yell was appointed by Andrew Jackson as District JUdge in the Territory of Arkansas in 1832. In the same year Grandison D. Royston began the practice of law at Fayetteville, and Albert Pike left a hunting party at Taos, New Mexico, entering Arkansas at Fort Smith where, for a few weeks, he was the guest 01 John Rogers, founder of the city. And in 1833 David Walker of Fayetteville began his service as Prosecuting Attorney of the Third District. From that time until 1878 the history of Arkansas could not be written without finding one or more of this group involved in the great events of those times. Yell was the oldest, having been born in 1797; Walker in 1806; and Pike and Royston 1809. In territorial days the state was divided into three judicial districts. The jUdge traveled this large area, holding a term of court in each courthouse twice each year. There were few roads and no bridges. Travel was by horseback, fording the creeks, and swimming the rivers, camping in the wilderness as occasion required, and depending upon their hunting ability for food. Clothing and library were carried in a pair of saddlebags. Most of the lawyers rode the circuit with the judge. One of the vicissitudes of riding circuit is illustrated by an experience of Royston who, with the other circuit riders, came to a river where it would be necessary to swim. All of them removed their clothing, tied it in a bundle to hold above their head as they swam the river, holding to the saddles of their horses. Royston, thinking to take better care of his wallet containing some $300.00, decided to carry it more

securely in his mouth. He urged his horse into the water, and suddenly the riverbed dropped away, and the horse went down momentarily, ducking Royston, causing him to lose his pocketbook. No doubt he withstood some goodnatured ribbing about the wisdom of keeping his mouth shut. On one occasion when Yell was holding court, he called a criminal case. The defendant did not answer. On inquiry of the sheriff he was told that the defendant had not been arrested because he was a desperado, and that the sheriff had been unable to secure a posse to take him into custody because of the general fear of the defendant. Yell inquired where the defendant might be, and was told that he was at a local saloon. Yell recessed court, directed the sheriff to deputize him, and proceeded to the saloon, where he grabbed the desperado by the throat and ordered him to march into the courtroom and to answer to his name. The defendant meekly marched into the courtroom, where Judge Yell resumed the bench, tried him, and jailed him. It was a rugged frontier. By 1836 the population of Arkansas "exceeded" 47,700. A Constitutional Convention was called. David Walker and Royston were delegates. Yell's ambition was to be the first governor of Arkansas, but did not seek to become a delegate because he felt it improper to do so, since he was a territorial judge. Walker, 30, and Royslon, 27, helped fashion the first constitution of Arkansas. This constitution required a residence in the state of four years as one of the

THE ARKANSAS LAWYER

PAGE 124

/


Archibald Yell

qualifications for governor. Thus, Veil's ambition was thwarted because he lacked a few months of having the necessary residence qualification. He was, however, elected as the first Congressman from Arkansas. In 1840 Walker was elected to the State Senate, and Yell was elected Gover路 nor. Yell was a Democrat, and Walker was a Whig. in 1844 Walker was nominated by the Whigs for Congress. He was considered by the Democrats to be so formidable an opponent that the Democrats felt that only Yell could 'defeat him. Yell resigned as Governor and announced for the office. These friends and neighbors and political opponents campaigned together. Yell was elected. Walker said of him, "You can't beat such a man as that; he is all things to all men, and all men believe in him; he is as popular with the psalm-singer as he is with those who take their dram and shoot for beef." Albert Pike, while teaching school at Little Piney, wrote s09veral articles for the Whig party organ, which came to the attention of Robert Crittendon, who instigated his removal to Little Rock as assistant editor of that paper. He later acquired it for $2500.00. With the adoption of the Constitution of 1836, the revised Statutes of Arkansas were compiied, and Pike, who called himself the printer, wrote the preface for the printed volume adopted by the Legislature as the laws of Arkansas. He had been admitted to practice in 1834. In 1835 he became a partner of William Cummins in the practice of law. He was attorney for the Real Estate Bank, and in 1842 represented its trustees. Royston, who had been a prosecuting attorney in territorial days, was, in the fall of 1836, eiected to the first Legislature under the new state government. At the second session

JULY, 1972

John J. Anthony offered an amendment to a bill regarding wolf scalps, and John Wilson, the Speaker, construed it as a personal insu It, left the Speakers chair arod advanced on Anthony, and in the struggle killed him with a bowie knife. Wilson was expelled, and Royston was elected Speaker. In 1841 he was appointed United States District Attorney for the District of Arkansas. With the advent of the Mexican War Yell resigned as Congressman to accept the colonelcy of an Arkansas regiment. Albert Pike was one of the squadron commanders. Yell died in the battle at Buena Vista February 26, 1847. His epitaph as prepared by David Walker refers to him as "a gallant soldier, an upright judge, a fearless champion of popular rights, a sincere friend - an honest man."

Gen. Albert Pike

After the Mexican War Pike returned to Arkansas. He and Colonel John S. Roane (Governor, 1849) engaged in a phenomenon of the times, open letters published in the newspapers. in which charges and countercharges of an acrimonious nature were exchanged. A duel was arranged. Apparently the parties were well advised of the provisions of the revised statutes, which provide that if a duel resu Its in death the survivor shall be guilty of first degree murder; but if only injuries result, then both are guilty of a misdemeanor. The duel took place on a sandbar across the river from Fort Smith in the Indian Territory beyond the reach of the statute. It was fought with pistols at len paces. On the first exchange of shots both missed. Governor Roane demanded a second opportunity, and it was accorded. Again they fired, and again they missed. Governor Roane de-

manded his third opportunity. Pike was willing, but Henry M. R~ctor, one of Governor Roane's secoods, protested so vigorously and so persuasively that the duel was called off, and the party amicably recrossed the Arkansas River for a banquet. While the Whigs and the Democrats were bitterly opposed, by 1848 the Democrats were well in the majority. At that time the Legislature as a whole elected the Supreme Court judges. Nevertheless, Walker was elected Associate Justice of the Supreme Court over such men as Judge English and William Conway, both of whom afterwards succeeded to that office. He served eight years, and retired to the practice of law and circuit riding. In 1853 Aibert Pike terminated his partnership with Ebenezer Cummins and moved to New Orleans, where he was admitted to the bar on a showing of his familiarity with the Roman and French laws. He had translated the Pandects of Justinian from Latin and French into English. He was employed to represent the Choctaw Indians in a claim against the United States for compensation for more than ten million acres of land in Mississippi ceded by them to the government. After some years of delay, the United States Senate was constituted as an umpire to determine the justness of the claim, and found in favor of the Choctaws in the amount of $2,981,247.30 in March of 1859. He and the other attorneys representing the indians were allowed a fee of $300,000.00. Neither the Indians nor Pike ever were paid, though efforts continued for some time to secure an appropriation. He had returned to Arkansas in 1857 and resumed his law practice as a circuit rider.

Continued on page 126

Grandison D. Royston

PAGE 125


Continued from page 125

states and that the differences should

jUdges, prior to the ratification of the

be settled by negotiation and agree-

1864 Constitution. SUbsequently, the

ment. A vote was taken and a majority favored the union. The convention was recessed, and before it recon-

the

vened Ft. Sumpter had been fired upon. The issue had been irrevocably submitted to the arbitrament of war. A choice had to be made. The convention, with one negative vote, elected to stand with its sister southern

states. Walker voted with the majority. The convention went about the task of raising and equipping an army. A new constitution was adopted sUbstantially as the original constitution, except for its allegiance to the Confederacy. Grandison D. Royston was elected

to the Confederate Congress. With the defeat in war, Arkansas was left under military control for all

David Walker

the North and South. David Walker was elected delegate and president of that convention. He believed that the greatness of this country would best be served by the union of all the

judgments

based

on

those

opinions, reconsidered the cases and adopted the opinions as written.

Under the 1864 Constitution judges of the Supreme Court were elected by

the people. In 1866 David Walker was elected Chief Justice, although the franchise was still very limited as to civil population. His tenure terminated

with the adoption of the 1868 Constitution. For six years the state en-

dured what was generally considered to be wasteful and venial carpetbag regine. In 1874 the present Constitution of Arkansas was adopted. Grandison D. Royston was president of that convention. David Walker was elected again to the Supreme Court in

In 1864 Albert

1874, and retired in 1878. He wrote the

Pike was elected to the Supreme Court. That same year the third Arkansas Constitution was adopted and ratified under circumstances which limited the franchise to federal soldiers stationed in Arkansas and a few of the civilian population. Pike wrote several opinions on cases that were pending, along with other

opinion for the court in the case of State of Arkansas vs. Little Rock, Mississippi River & Texas Railway

practical

In 1861 a Constitutional Convention was called to determine the position of Arkansas in confrontation between

Supreme Court, in order to validate

purposes.

Co" 31 Ark. 701, which held that bonds that had been issued by the State in aid of railroads during the carpetbag regime were invalid for defects in the authorizing legislation.

This

case

had

the

effect

of

in-

validating millions of dollars worth of bonds issued under the same circumstances. There was a strong feeling that these bonds were part of a gigan-

tic boondoggle at the expense of the people of Arkansas. The Constitution of 1874 re-

you should! He's the West Publishing Company representative for the state of Arkansas.

A law school graduate himself, he has the background and

expertise to help you with your library problems whether you are a long-time practitioner or still in law school. Why not give him a call today! Archie C. McLaren, Jr., 749 W. Snowden Circle, Memphis, Tenn. 38104

901/276-0172

established a responsible and stable government sUbject to the democratic processes wherein close control was retained in the people. The careers of Walker, Yell, Pike and Royston span half a century of time in the history of Arkansas from territory to statehood, to secession, to reconstruction, to restoration of government to the people. However, it must not be assumed that these are the only lawyers having their beginnings in Western Arkansas who participated in the great events of the times, or that made great contributions. Among such men should be included Jesse H. Turner of Van Buren, who also served as Associate Justice of the Supreme Court, and succeeding David Walker in 1878; Hugh F. Thomason of Van Buren;

Wilbur D. Reagon of Fayetteville; Alfred B. Greenwood of Bentonville路 Thomas Walker Pound of Yell County: Jonas March Tibbitts of Fayetteville; Alfred M. Wilson of Fayetteville; W.S. Oldham of Fayetteville; William D. Floyd of Clarksville; Benjamin T. Du Val of Fort Smith; W.M. Fishback, Thomas B. Latham and Thomas Boles

Continued on page 146

PAGE 126

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1"".'.' 8111:.1111111ThQ PrQgidQnt'g AddrQgg ~ugQnQ A. MatthQwg Arkangag Bar Aggoeiation Extracts from the President's Address, "LOOKING BACKWARD - TO SEE FORWARD", of Eugene A. Matthews at the 59th Annual Meeting of the Arkansas Bar Association, June 6-7, 1957 - - -

THREE ARKANSAS BAR ASSOCIATIONS IN ONE "If we measure the age of this Association from the time of its reorganization in 1899, then this year we celebrate its 58th anniversary. If we extend its antecedents back to the reorganization of the State Bar in 1882, then we mark the 75th birthday of our Association. If, as I think we should, we trace our beginnings to the organization of the first State Bar Association in 1837, one year after Arkansas was admitted to the Union as the 25th state, then we celebrate the 120th anniversary of organized bar activities in the State of Arkansas. Whether we measure our past in the terms of a half century, three-quarters of a century, or a century, each as we may like, it has occurred to me that you would have some degree of interest in a fleeting examination of the nature of the men and the movements recorded in the annals of the organized Bar of Arkansas. The Constitution of the first Bar Association of the State of Arkansas, adopted in 1837, is set out in the appendix to the proceedings of the 1904 meeting of this Association. Section 2 provides: 'the Association shall be perpetual. Its leading objects are to promote courtesy and kindness in the intercourse of its members; to establish uniformity in certain points of professional conduct, and to protect generally the interest and dignity of the Bar.' The Association did not achieve its claim to perpetuity, for it perished, probably during the Civil War. The Articles of Association provided for a president, vice-president, a secretary and three standing committees, being the committee on membership, the committee on expenditures and the committee on professional courtesy. This Constitution adopted long before the formation of the American Bar Association and the establishment of its Code of Ethics, contains a minute and very splendid statement of the standards which should govern the conduct of its members in their professional relationships. A resolution, adopted January 15, 1838, directed the president to appoint a committee of three to draft a petition to the Legislature, praying an appropriation for the procuring of a law library for the use of the Supreme Court and members of the Bar licensed to practice therein. I do not know to what degree this resolution contributed to the establishment of our very fine Supreme Court library, but it is, so far as I have been able to learn, the first recorded activity of the Arkansas Bar Association. Af1er expiration of the 1837 Association during the troublesome days of the Civil War, it was not until 1882 that the State Bar was reorganized. Of those who participated in its organization, Mr. F.G. Bridges, of Pine Bluff, Arkansas, alone survives. I regret that time does not permit the naming of that illustrous group that gathered on May 24, 1882, to reorganize the Association, among whom were the forebearers of many of the present members of our Association.

PAGE 128

THE ARKANSAS LAWYER


---- '" lEE ,". IIIII." The 1882 Association was quite active for some years but gradually the members lost interest, perhaps, as Mr. George B. Rose says, because they were not able to induce the Legislature to adopt any of the reforms which they advocated. The moment of its dissolution cannot be fixed. It is interesting to note that in the State History Commission in Little Rock will be found the proceedings of that Association for the years of 1882 through 1886. Then for several years there were no gatherings of the Bar until our present Association was organized in January of 1899 with Judge U.M. Rose as its first president, the first meeting being held at Littie Rock on January 2 and 3, 1900. The report of the 1900 proceedings shows there were 224 members of the organization, less than a dozen of whom are alive today. The Constitution was a very simple one, consisting of eight articies and providing for officers consisting of the president, one vice-president for each judiciai circuit of the state, a secretary and a treasurer.

EUGENE A. MATTHEWS PRESIDENT 1956路57

Early in its existence, the Association indentified itself with the American Bar Association. The 1902 proceedings recounted the appointment of deiegates to its next meeting. In that year JUdge U.M. Rose was serving as president of the American Bar Association, an honor which has come to no other Arkansas lawyer." (NOTE: Space limitations preclude reference to Mr. Matthews' excellent review of Arkansas Bar Association activities during the 1900's and his noteworthy challenge for the years to come - see Arkansas Law Review, Volume II, Summer 1957, Number 3, at pages 273-287.)

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JURIS DICTUM by C.R. Huie

Executive Secretary, Judicial Department

Those who read "The Child Trappers" by Lester Velie in the February 1972 issue of the "Reader's Digest" were very probably shocked to learn that in one major American city a Juvenile Court judge packed children off to detention centers without even seeing them; that another routinely sent youngsters under six to a high-security detention center not for any crime, but simply because there was no other place for them; and that throughout the United States, only one of every two juvenile court judges is a college graduate. Such conditions do not exist in Arkansas and hopefully never will. Those who may have been under the impression that juvenile justice in Arkansas has been sadly neglected, will be pleased to know that recently the Arkansas College of Juvenile Justice held its first session in Hot Springs. The first college of its kind to be held on a state level anywhere in the United States was initiated by Mr. Jerry Shurgar, Manager of Juvenile Planning. Arkansas Commission on Crime and Law Enforcement, assisted by Judge Dwain Needham, Juvenile Referee of Clark County, and Chairman of the Arkansas Juvenile Delinquency Planning Council. The college was sponsored by the Arkansas Commission on Crime and Law Enforcement, the Arkansas Juvenile Delinquency Pianning Council, the City of Hot Springs, and the National Council of Juvenile Court Judges. It was endorsed by the Arkansas Supreme Court and Governor Dale Bumpers. Assisting in the planning for the

PAGE 130

college were Chief Justice David Zenoff of the Supreme Court of Nevada and Chairman of the Training Committee of the National Council of Juvenile Court Judges; Lewis W. McHardy, Executive Director of the National Council of Juvenile Court Judges and Dean of the National College of Juvenile Justice; Judge Monroe Paxman, Executive Secretary of the National Council of Juvenile Court Judges, a branch of the National College of the Judiciary in Reno, Nevada. Financed by a grant from the Arkansas Commission on Crime and Law Enforcement, the college began with registration on Sunday afternoon April 30 and the opening session was held Monday, May 1 with Ray M. Bigerstaff, Executive Director of the Arkansas Commission on Crime and Law Enforcement, Carleton Harris, Chief Justice of the Arkansas Supreme Court, and David Zenoff, Chief Justice at the Nevada Supreme Court providing welcoming addresses. The curriculum consisted of studies of the history and philosophies of the Juvenile Court, major cases in juvenile law and appellate review; Arkansas statutory and case law; Juvenile Court practice and procedure; choices of disposition and treatment of juveniles: the judge's role in developing community alternatives: behaviorial classifications; resources available to juvenile courts in Arkansas; and a field trip to the Juvenile Classification and Reception Center at Benton; the Arkansas Training School for Girls at Alexander; the Arkansas Training School for Boys, Wrightsville and the Arkansas Training School for Boys at Pine Bluff. The college concluded with a graduation luncheon and presentation of diplomas on Saturday, May 6 by Governor Dale Bumpers and Mayor Tom Elsworth of Hot Springs. In addition to Dwain Needham, Juvenile Referee for Clark County, the faculty consisted of Ted Lauer, Executive Director of the National Law Cen-

ter, St. Louis University; Judge Lindsay Arthur, Judge of the Municipal Court Minneapolis, Minnesota; Dr. James Stein of the Center for the study of Crime and Delinquency at Southern Illinois University; Dr. Thomas Hughes of the same Center, W. E. Shurgar III Manager, Juvenile Planning, Arkansas Commission on Crime and Law Enforcement; and Mel Horton Associate Dean, School of Business Administration, Southern Methodist University at Dallas. The success of the college is indicated by the fact that in prior years Arkansas has had only one representative attending the National Council of Juvenile JUdges, and this year, following attendance at the college, forty county judges and juvenile court referees have indicated that they will attend the conference which will be held in Milwaukee, Wisconsin during the second week in JUly. Present plans call for a second session of the college to be held next year. Juvenile Court Judges' Manual Long considered one of the finest juvenile courts in the South, the Pulaski County Juvenile Court, headed by judge Mary Burt Nash has applied for and received approval of a grant Irom the Crime and Law Enlorcement Commission to cover the expenses of preparing and publishing a manual for the guidance of Juvenile Court Judges. Judge Nash is project Director, and it is anticipated that research, drafting and editing will be undertaken by professors 01 the University 01 Arkansas Law School at little Rock assisted by senior law students. Judge Nash has long been a leader in the lield of Juvenile Justice, and it is anticipated that this work will provide a major contribution to the continuing efforts 01 Arkansas Juvenile Court JUdges to provide intelligent and sympathetic treatment 01 juveniles who appear belore the courts 01 this state. A

THE ARKANSAS LAWYER


fr¡, J â&#x20AC;˘, Q

"Arkansas has done nothing to preserve, in permanent form, the names and fame of her worthy sons from oblivion." - General Albert Pike

The Bench and the Bar in the Arkansas Ozarks have a tremendous history - the many lawyers, who combined to achieve this record, have for the most part gone unsung . . . . . Perhaps, with this issue of The Arkansas Lawyer, interest in our legal heritage will be reawakened . To this end, we feel privileged to join in this salute to the four living past-presidents of the Arkansas Bar Association in our area and to the History of Law in the Arkansas Ozarks .....

Conway County Bar Association Sebastian County Bar Association Baxter-Marion County Bar Association Washington County Bar Association Benton County Bar Association Garland County Bar

JULY. 1972

PAGE 131


Democratization - Code Of Professional Client's Security Fund - Law Lawyer Referral Ser

These headlines - all - were part of Bar Year 1969-70 under the able administration of Arkansas Bar Association President Robert L. Jones, Jr. of Fort Smith. It is interesting to note that many of his programs have come to fruition, and that others are "in the mill" - - - - the best way to point up his tremendous effort is to review Mr. Jones' PRESIDENT'S REPORT in the Arkansas Law Review, Volume 24, Fall 1970, Number 3, at pages 391-398. A few extracts therefrom are particularly pertinent here - - - - - -

ROBERT L. JONES, JR. President 1969-70

DEMOCRATIZATION - DISCIPLINARY ENFORCEMENT "One of the objectives of those who drafted the Constitution and By-Laws of the proposed Unified Bar, was to make the operation of the affairs of the Bar more democratic. Following the defeat of the Unified Bar proposal, I appointed a committee under the chairmanship of Winslow Drummond to study and make suggestions for a possible revision of the Constitution and By-laws of the Association with a view toward making them more democratic. This committee will probably have some recommendations to submit to you at the Annual Meeting next year. I have also appointed a committee under the chairmanship of our immediate past president, Gaston Williamson, to make a study of ways in which we can improve disciplinary enforcement within the profession. This was another objective of the Unified Bar and the problem must now be solved within the existing framework. I do not wish to pre-empt the work of that committee but it is anticipated that a recommendation will be made to the Association to petition the Supreme Court to increase the Bar dues, which we pay to the Supreme Court (now $2.00 per year) in an amount sufficient to finance a full time counsel for the Supreme Court Committee on Professional Conduct, formerly known as the Bar Rules Committee." CLIENT SECURITY FUND "Another project which will be considered by this committee is the establishment of a Client Security Fund, which would reimburse a client who has suffered loss because of the dishonesty of a lawyer or his misuse of a client's funds. At almost every Bar Association meeting which I have attended during the past year, the subject of public relations and the 'public image' of the Bar has been discussed. Some associations have budgeted large sums of money for a public relations program. I submit that the best public relations program we can undertake is to establish and maintain efficient machinery to discipline those few members of the profession who transgress against the Canons of Ethics and put our money where our mouth is by establishing a Client Security Fund to reimburse a client who may have lost money because of the dishonesty of a lawyer." PAGE 132

THE ARKANSAS LAWYER


Responsibility - Disciplinary Enforcement Student Division - Corrections vice - Legal Internship CORRECTIONS "The spotlight has been on the prison system in Arkansas this year. • • • • I have spotlighted this problem, not with a view toward recommending any specific action by the Arkansas Bar Association but for the purpose of lifting up to you a problem of vital concern to the citizens of our State. It is a problem in which lawyers, being a part of the system for the administration of criminal justice, have a vital concern. Since most serious crimes are committed by 'alumni' of our penal institutions, in what better way can we reduce crime than to try to change the lives of first offenders before they become second and third term inmates."

LAWYER REFERRAL SERVICE "The well-to-do people and business men have adequate legal representation by private law offices and we are generating considerable legal services for the indigent through Legal Aid programs but what about the silent majority? There are many persons who have need for legal services but who do not see an attorney for fear that the expense would be more than they could afford or they do not know an attorney and hesitate to pick one from the yellow pages of the telephone directory. The best available solution for this problem is the Lawyer Referral Service. Under this program the client is assured in advance that he will be charged no more than a pre-determined amount (usually $10.00) for a 30 minute consultation with an attorney. During the initial conference the need for legal services can be determined, as well as the expense involved. Local bar associations which do not have a Lawyer Referral Service, should consider establishing one. The better qualified lawyers may not be interested in this program on an economic basis but they will participate if they are sold on the public relations value of the program to the profession."

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PAGE 133


by Professor Robert Brockmann

<

No discussion of law and northwest Arkansas would be complete without at least some reference to the "factory" that has and is still turning out the greater number of the practicing lawyers in the state as well as a goodly number of jUdges, legislators and members of Congress. There were sporadic attempts both at Fayetteville and Little Rock to establish a School of Law prior to the year 1924. In that year President John C. Futrall of the University of Arkansas arranged for the establishment of a Law School at Fayetteville. The man whom President Futrall selected to head up the law school and be its first dean was Julian S. Waterman, the son of pioneer settlers of Dumas, Arkansas. Dean Waterman was destined to lead the law school from it's founding until his untimely death in 1943. The initial facu Ity of the Law School consisted of two people, Dean Waterman and Claude D. Pepper whom

many will remember for his later career as United States Senator and Congressman from the state of Florida. Upon the death of Dean Waterman Edward B. Meriwether, better known to legions of Arkansas law students as "Judge" became the acting dean for apprOXimately a year. Following this, Robert A. Leflar was appointed dean of the Law School and served in this capacity with an interruption to serve an appointive term as a Justice of the Arkansas Supreme Court, until 1954. Dr. Leflar at this point resigned and was succeeded by Joe E. Covington who had served as the acting president of the University. Dean Covington who was an Arkansas native and a graduate of her school system was dean until 1958. He moved on to Missouri and served as the dean of the University of Missouri Law School at Columbia for a period, having resigned in recent years. Dean Cov· ington was succeeded by Ralph C. Barnhart who had been on the faculty

I

PAGE 134

I

I' 1

WATERMAN

LEFLAR

COVINGTON

BARNHART

of the University of Arkansas School of Law since 1946. Dean Barnhart has served as the dean of the Law Schaal since this time, however, earlier this year he announced that he would retire from the deanship in September of this year. A search committee is presently considering the matter 01 a successor to Dean Barnhart but as of this writing nobody had been chosen. In the beginning the law school was housed in the basement of University Hall, better known as "old main." In the middle 1930's the chemistry department vacated it's old building nearby and moved to new quarters. This building was inherited by the law school and the university maintenance department spent sometime in remodeling and allegediy deodorizing the place. While most graduates would not concern themselves too much about the remodeling part of the process there are those that will certainly attest to the dismal failure of the deodorizing process. It was here that the first of the large enrollments at the law school were housed. The veterans of World War II which constituted the first real "run" on the law school. Through the efforts and contributions of the organized bar and others the law school finally obtained it's own building which was completed and dedicated to the memory of Dean Julian S. Waterman on November 7, 1953. At this time there was no hint or indication of the great interest that would be evidenced in the study of law in the late 1960's and early 1970's. Consequently, it was felt that the building would be adequate for years to come. Law school enrollment has varied over the years. From a low of four it has now increased to apprOXimately 475. The building that was designed for 250 students has been stretched to its outer limits. Consequently plans are now under way for an addition to Waterman Hall that will more adequately take care of the current enrollment and perhaps some increase. For years the Law School prided it· self on being able to admit every qualified applicant that knocked at it's doors. The very first requirement was a year of undergraduate stUdy. This has been expanded to where, currently, an undergraduate degree and the taking of the Law School Admission Test are prerequisites for admission. Fifty years will soon have elapsed since that first class entered the law school here at Fayetteville and despite the fears and apprehensions of some, one has the feeling that fifty years from now there will be another be· ginning class here at the University of Arkansas Law School at Fayetteville. THE ARKANSAS LAWYER


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JULY,1972

PAGE 135


Admissions Ceremony Arkansas Supreme Court April 17, 1972 "I do solemnly swear: I will support the Constitution of the United States and the Constitution of the State of Arkansas; I will maintain the respect due to Courts of Justice and jUdicial officers; I will not counselor maintain any suit or proceeding which shall appear to me to be unjust, nor any defense except such as I believe to be honestly debatable under the law of the land. I will employ for the purpose of maintaining the causes confided to me such means only as are consistent with truth and honor; and will never seek to mislead the jUdge or jury by any artifice or false statement of fact or law; I will maintain the confidence and preserve inviolate the secrets of my client, and will accept no compensation in connection with his business except from him or with his knowledge and approval; I will abstain from all offensive personality, and advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which I am charged; I will never reject, for any consideration personal to myself, the cause of the defenseless or oppressed, or delay any man's cause for lucre or malice. So help me God."

Arkansas Supreme Court

PAGE 136

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PAGE 137


In JJ1tmoriam HARRY II. COLAY 1909 • 1972 Harry B. Colay of Magnolia died on March 30. at the age of 62 years. Mr. Colay was born in Conway County, graduated from the University of Arkansas in 1932. and was licensed to practice law in 1935. He lived in Magnolia at all times thereafter. Mr. Coley served eleven terms as a member of the Arkansas Legislature, and at one time was President of the National Society of State Legislators. He was a Baptist and 8 Mason. He is survived by a daughter, a sister, and two grandchildren. HICKS EPTON 1907 • 1972 Mr. Epton was a native of Nashville. Ark. and received his law degree in 1932 from the University of Oklahoma Law School. He was internationally known for his work toward improvement of the American judicial system and for his dedication to justice under the law. He was Inducted into the Oklahoma Hall of Fame In 1967 and was President of the American College of Trial Lawyers in 1971. Before his death, he had just received University of Oklahoma's highest honor. the distinguished service citation. He was President of the Oklahoma Bar Association in 1953 and President of the Oklahoma Bar Foundation from 1953·1958. He was Chairman of the Board of Bar Admissions for four years and member of the National Conference of Commissioners for Uniform State Laws from 1945-1959. He was a Fellow and Regent of the American College of Trial Lawyers from 1961-1967 and a Fellow of the American Bar Foundation. Survivors include his widow, Mrs. Thelma Epton, a son, two daughters, two brothers, three sisters and five grandchildren. BYRON GOODSON 1893 • 1972 Judge Byron Goodson of DeQueen died on Feb. 21, 1972. He was admitted to the Arkansas Bar in 1926, and served as Prosecuting Attorney of the 9th Judicial District for six years, and then served eight yaars in the Arkansas General Assembly as Representative and Senator. At the time of his death, he was municipal judge of DeQueen.

PAGE 138

Judge Goodson was a Methodist. He is survived by his wife, one son, one daughter, and five grandchildren. C. Q. KELLEY 1882 • 1972 Charles Q. Kelley passed away on Feb. 21, 1972 and was buried at the National Cametery in Little Rock. He was born in Tiptonville, Tenn. in 1892 and moved to Arkansas at an early age, was a graduate of the University of Akansas Law School, and a practicing lawyer for more than forty years. Mr. Kalley served in the 87th Division in W.W.I, and was a Charter Member of the American Legion in Arkansas. In 1933-34, he was State Commander of the American Legion in Arkansas. He was a Methodist and a Mason. He had no Immediate family. G. W. LOOKADOO 1905 - 1972 General W. Lookadoo passed away on March 21, and was burled In Arkadelphia. He was born in Amity in Clark County, and graduatad from State Collega of Arkansas and Arkansas Law School. He was a lawyer for over 40 years. In 1939, he was a member of the Arkansas Legislature; in 1941-47, he was President pro-tern of the Arkansas Senate; in 1951-54, he was Prosecuting Attorney of the 8th Judicial Cir· cuit; and in 1956 he was Municipal Judge of Arkadelphia. Mr. Lookadoo was the first President of the Arkadelphia Lions Club, and was also a director in the Elkhorn Bank & Trust Co, He was a Mason and a Methodist; and is survived by a son, 2 grandchildren, 2 sisters and 1 brother. JUDGE ROY MULLEN 1896 • 1972 Judga Roy Mullen, Municipal Judge of Walnut Ridge, passed away on April 18, at the age of 75 years. He was born in Strawberry, Lawrence County, In 1896, and served in the Navy in W.W.1. After the war, he studied law, was licensed to practice, moved to Walnut Ridge, and was a lawyer there for nearly fifty years. Judge Mullen was a charter member of the American Legion, and ser-

ved as Post Adjutant for 25 years; also for 30 years he was U.S. Government Appeals Agent. He was a Baptist; and is survived by his wife, 2 sons, 3 brothers, 2 sisters, 10 grand-children, and 5 graat grandchildren. JUDGE DUVAL L. PURKINS 1891 • 1972 Judge Duval L. Purkins diad in Lake Village on Feb. 20, 1972. He was born in Hampstaad County, graduated from Hendrix College, and was a Veteran of WWI. Judge Purkins was admitted to the Arkansas Bar in 1919, and practiced in Hope, Litlle Rock, Warren and Lake Village. During his long life, he was Secretary to Gov. Futrell, a member of the Arkansas General Assembly and Circuit Judge: thus serving the State In all the three departments of Executive, Legislative and Judicial; and was also a member of the Arkansas Statute Revision Commission. Judge Purkins was a Methodist, a Rotarian, and a Charter member of the American Legion in Arkansas. Also, at various times he was a member of the Board of Hendrix College, the University of Arkansas at Monticello, and State College of Arkansas at Conway. He is survived by his Wife, one daughter, two grandsons, and four sisters. JAMES ROBERTSON 1891 • 1972 Hon. James Robertson of Wynna died on Feb. 28, 1972 at the age of 80 years. His family was one of the distinguished families of Eastern Arkansas; his father, E.D. Robertson, was the f"st Chancellor of the Eastern Arkansas Chancery district; and his grandfather, James Robertson, was a member of the Arkansas General Assembly. James Robertson, himself, was an aviator in WW.I. He attended Arkansas College at Batesville, the University of Arkansas, and Cumberland Law School. He was admitted to the Arkansas Bar In 1915; and in addition to his extensive law practice, he was also interested In many activities for the State of Arkansas. He is survived by his wife, one son, one daughter, and three grandchildren.

THE ARKANSAS LAWYER


LIi4DERSHIR A founder of the Arkansas Bar Foundation. A commissioner of the Arkansas Gas and Oil Commission. A past president of the Arkansas Bar Association.

The President of our Association. Heartsill Ragon.

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PAGE 139


"HUMAN POLLUTION" The Corrections Problem Richard J. Hughes (Text of his address to the 74th Annual Meeting of the Arkansas Bar Association, June 1, 1972).

(Editor's Comment: • Assistent U.S. Attorney 'or six years, Judge (County, Superior and Appellate) for some 10 years, New Jersey's Governor for 8 years and private practitioner, former Governor Richard J. Hughes is now Chairman of the ABA Commission on Correctional Facilities and Services. He received a standing ovation at the conclusion of his address. In separate news inter· views, Governor Hughes praised Arkansas Governor Dale Bumpers and Corrections Commissioner Terrell Don Hutto, along with Tucker Superintendent Bob Britton and Cummins Superintendent Art Lockhart, for the local prison improvements and "the spirit of hope on the part of the administrators." The Arkansas Bar Association also has 8 new Committee on Corrections, under the Chair· manship 01 Jack Lavey.)

The kindly welcome you have given me bears out the prophecy in Henry Woods' recent letter to me in which he said, "I think you are going to like Arkansas." I do indeed, and am most grateful for this invitation to meet with fellow members of a great profession, to discuss a significant American problem. "Picture of Dismal Failure" More years ago than I like to think about, I tried federal cases prepared by Henry Woods, when he was a Special Agent in the FBI and I was an Assistant United States Attorney in New Jersey. He has been kind enough to refer to me as a good trial lawyer. I don't admit that particularly, but I tell you for fact that Henry was an excellent Agent, fair, thorough and metiPAGE 140

culous in the evidence he marshalled for the prosecution. It seems quite coincidental that after these many years have passed by, our paths have crossed again, and we find ourselves together on another prosecution team. It is a different case from those we used to try, but a very important one. For we indict before the bar of American public opinion, a correctional sys· tem which has fallen so low as to be described by President Nixon as presenting a "picture of dismal failure." Arkansas Involvement So I have come to you to talk about some urgent American business, and I like Arkansas the better because I sense in you Arkansas lawyers a willingness to be involved in the furthering of that business. I know that your distinguished lawyer-Governor, Dale Bumpers, is committed to correctional reform, and I discussed that with him even before he was sworn into office. I know that your Association has created, as we want every state bar to establish, a special Committee on Corrections, and that already it has examined, as I did yesterday, the Cummins Farm Unit of the Arkansas penai system. I know, for President Young has assured me, that your Association and its Corrections Committee will be in the forefront in seeking excellence instead of failure in the way corrections henceforth will be handled in Arkansas. Let me mention very briefly the strange path which brought me to be a preacher for correctional reform, in every part of this country where I can get people to listen to me. I do this not for idle reminiscence, like an old actress reviewing her faded press clippings, but to illustrate from my own experiences how we in America have trod a road, not of bad intent or non-

feasance, but of human error, and are now realizing, almost too late, the frightening results of neglecting our correctional system. When I was only seven years old, my father was appointed Warden of the New Jersey State Prison. We lived across the street and as a child I knew the odors, the clanging doors, the hopelessness and frustration, - and not much has changed since. My father was a kind and humane and progressive man, and was roundly criticized when he transferred psychotic prisoners from the dungeons to the state mental hospital. Then as now, people didn't care much what happened to prisoners, or what would happen on their re-entry into society. Then I grew up and as a lawyer defended criminals and was in and out of county jails all the time. Then while working for the Department of Justice, my official duty took me in and out of many federal institutions. Later I was a Judge for ten years and under the progressive Chief Justice Arthur Vanderbilt, I was encouraged to visit prisons and reformatories to which I would be sentencing fellow human beings. So you see, I knew quite much about prisons by the time I retired from the bench to practice law, only to be elected, very unexpectedly, to be Governor of New Jersey. with more constitutional executive power than any other American Governor possesses.

Governor of New Jersey But in those eight years of mine as Governor, what was I able to do about corrections? - Almost nothing! My administration established a network of community colleges, changed around our whole system of higher education, inaugurated medical education in New Jersey, built new

THE ARKANSAS LAWYER


hospitals and institutions, accomplished some other reforms, but correctional reform? - No, because of low priority and lack of resources. I mention this continuity, not as a personal defense, but to illustrate the evolution of a cycle, - that the time has now come when, given able advocacy, the priorities can be rearranged and the resources can be marshaled that the Governor Bumperses of our country and presumably decent legislators can straighten out corrections with the support of the public. But this can only happen if a strong advocate explains and pleads the case. That is why, my governorship ended and looking forward to some quiet sabbatical years, I took on the mission implied in the chairmanship of the American Bar Association Commission, embracing the most important case I ever pleaded. And that is why I ask you Arkansas lawyers, with the influence of your traditions, devoted to the administration of justice, - to align your credibility - the strength of your presence, on the side of correctional reform. But before I ask you to be advocates of this cause, let's look at our case - as all good lawyers do before going into court!

sickening violence - the raping of children in prison vans on their way to court - the murder of a 17-year-old runaway held overnight in a Florida jail with older brutal prisoners - can there be even a reasonable doubt, any more than when the prisoners' bodies were unearthed in Arkansas? Of course no state can be a Pharisee, proclaiming itself "not like the rest of men." If New York has an Attica, other states have reformatories to which I, as a JUdge, would hesitate today to commit any juvenile. If one

state has a splendid state prison system, its county jails are a mess and its criminal judges go without probation services. In fact, probation is nonexistent or a mere shell in many jurisdictions in our country - an intolerable condition. And it is unnerving, to say the least, to observe the inconsistencies of beginning reform - showing that we have such a long way to go! One state, while establishing administrative parole reform and appointing career-type prison adminisContinued on page 142

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Continued from page 141 trators, yet clings to a simplistic rigidity preventing parole consideration until service of two-thirds of a maximum sentence. To recapitulate the dangerous errors of our handling of corrections in this country would take a very long time indeed, and it would be a futile exercise. Reform I could tell you of two recent Attorneys General of the United States, Ramsey Clark and John Mitchell, who agreed (and they never agreed on much else) that the most immediate possible attack on crime was improvement of our correctional system. What did they mean? In Delaware, a progressive Governor encourages work release programs involving one-fifth of the State Prison inmates, - result - a 20 per cent recidivism rate as compared with a 60 per cent general recidivism average. In Illinois, a brilliant Corrections Commissioner, Pater Bensinger, incidentally a member of our Commission, brought about enactment of a reform correctional code that will place his state in the very vanguard of intelligent corrections. These examples of hope are endless - the Pennsylvania furlough

system, the D.C. diversionary program "Crossroads," our New Jersey Governor's emphasis on correctional reform as a priority in his recent legislative message. There is hope - there is movement, - and much of it inspired by an insistent advocate of correctional reform, Chief Justice Burger, who once said: "When a sheriff or a marshal takes a man from a court house in a prison van and transports him to confinement *** that is our act. We have tolled the bell for him, And whether we like it or not we have made him our collective responsibility. We are free to do something about him; he is not." "Human Pollution" Lawyers at least should have no difficulty in understanding that the bell which the Chief Justice describes as tolling for the prisoner, tolls also for us. Since we do not execute most of these prisoners, it is inevitable that some day, after two or six or ten years, they will be coming back to us, degraded, brutalized, embittered, uneducated, unfit to join the mainstream other than to do it hurt and violence. This then is the issue at trial. On one side is an imbedded public apathy which has encouraged the slow breakdown of our corrections

system and counted out with false economy the dollars needed for adequate probation and parole services, community programs and many other improvements seen in corrections systems elsewhere in the world. On the other side, poised against this apathy, must be the efforts of concerned citizens, particularly lawyers, who must attempt to overcome it and to bring under control, as we are attempting belatedly to do with air and water pollution, the "human pollution" which we breed in our so-called correctional institutions. It was to join this issue that the American Bar Association established its Commission on Corrections, with an interdisciplinary membership and a staff of excellent professionals at our offices in Washington. We work with a grant from the Ford Foundation and other grants from the federal government and we have met several times with Chief justice Burger, who has extended constant encouragement to our efforts. Programs We began our work by deciding against a study of the problems of corrections, for this subject has been studied to death already. Rather, we devoted ourselves to action and have

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Special Chief Justice and Special Associate Justice Arkansas Supreme Court

PAGE 142

Eugene A. Matthews •

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Many Other Civic, Fraternal, Religious Commitments and Honors THE ARKANSAS LAWYER


already embarked on our first undertakings. A National Parole Aide Program is recruiting lawyers in several states to work as volunteer parole caseworkers. We are associated, to our good fortune, with the brilliant leadership of the Young Lawyers Section of the American Bar Association in this effort. The immediate goal of this oneto-one supervision, of course, is to help alleviate the heavy case burden on parole officers in most jurisdictions. As useful as this work will be to the parolee and to society, it will be as enriching to the social consciousness of the lawyer who will be seeing a side of life which he, in the main, never realized was there. In association with the American Correction Association, the United States Chamber of Commerce, the AFL-CIO and others, our Commission has a Project to Remove Offender Employment Restrictions, trying to inventory and get rid of these ancient and mostly unnecessary restrictions. If we expect to bring the ex-offender, after rehabilitation, into the mainstream of useful work, we must not forbid him opportunity at the very outset. Another program in which we are working with the American Correction Association and the American Association of Junior Colleges, involves a junior college attainment project for line correctional officers, to further professionalize these correctional personnel who come in such close daily contact with prisoners, and have much to do with their eventual destiny. We are working on a program for statewide inspection to bring about improved conditions and standards in all correctional institutions, including a program in which we will hopefully be working with the American Medical Association or the National Institute of Public Health in improving medical care in institutions, non-existent or deficient in many parts of the country. One project which is most exciting to our Commission involves the pretrial diversion of early offenders, in which we are working with the National District Attorneys Association. This project wou Id identify young offenders early in their criminal career and temporarily suspend prosecution while the offender receives counseling, education and manpower services. if he responds favorably, prosecution will be dropped, and we will have saved one more American from entering the destructive cycle of criminal imprisonment. The Board of Governors of the Pennsylvania Bar Assocation recently approved such a program for deferred disposition and

JULY, 1972

has recommended it to the Pennsylvania Supreme Court as a possible statewide ru Ie.

gle-minded effort to assist in his own rehabilitation, to the benefit of society as a whole.

Related Activity In addition to the programs in which our Commission is immediately concerned, we have sought on several occasions to support programs conceived or principally sponsored by others, such as by urging the concept of an accreditation system for corrections as an appropriate goal for improvement, support of the effort of the American Correction Association to expand its mission to encompass the field of juvenile corrections, the importance of which is self-evident. We have many other programs in the making, including our interest with the National Association of Counties in stimulating the concept of regional jails and correctional centers, the encouragement of prison visitation on the part of local bar associations and their members, the reduction of offender functional illiteracy, the providing of legal services to offenders to remove many outside civil problems such as impending waywardness of a child, the victimizing of a wife by some type of consumer or other type fraud, and the like. Our purpose here, of course, is to clear the way for the prisoner's sin-

Society's Stake As I have said, society has a clear and present stake in the improvement of corrections, for the returned and unrehabilitated prisoner is a dangerous one, and there is no place in America that is not endangered by the ex-offender who comes back to society worse than he was before. I hope that all in our profession will join in this fight for correctional reform, and help reverse the trend which has brought us to this sorry pass. Governor Dale Bumpers stated in another context at your January meeting something that might well be applied to our corrections system in America: "For a nation as rich as America, as abundant In resources, as rich in the democratic heritage, so dedicated to the worth of the individual, this is a terrible indictment of our society." Thus we see the case we have to prosecute, and can envision that if we fight hard and avoid discouragement we can win this case. Can we doubt that in doing so we will contribute very much to the interest of our beloved country, perhaps have something to do with its salvation? ...

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PAGE 143


The President's Address Heartsill Ragon a few pertinent ex tracts (The complete text is published in Arkansas Law Review,

Volume 16, 1961-62, at pages 353-355.)

PRESIDENT 1961-62

"THE ARKANSAS LAWYER" "I think that I am quite safe in stating that there is another upon whom they will all agree_surpasses the efforts of us all. There is among us the member who will, upon the slightest suggestion or a call for assistance, postpone a heavy legal calendar, and defer his own private practice. It is to him that we should pay the greatest tribute today and to whom we are the most indebted. This person, of course, is the average Arkansas Lawyer who is proud of his profession and considers it a privilege to assist in elevating its standing." A STRONG BAR "In any endeavor to advance any profession, there are those inclined to evaluate it on the basis of, 'What's in it for me?' Those of us who have hit the trail have on occasion been confronted with such a question. This is a human, natural question for one to ask. Upon reflection and explanation the answer is obvious. A strong Bar is a good Bar. A strong Bar is a prosperous Bar. "Many years ago the Sebastian County Bar Association indulged in personalities rather than in endeavors to uplift the profession. It disintegrated, its members fell into disassociated groups which cared only for the immediate personal benefits to be derived. This worldly viewpoint ultimately brought on self-disgust to the point that an attempt at revitalization was undertaken. The effort was so successful that in 1959 the Association won the American Bar Association Award of Merit as the outstanding Association of its size in the United States. I am before you today as a result of the efforts and achievements of that Association. Any of its members can give you the concrete answer to the question, 'What's in it for me?' He can tell you the real and lasting satisfaction attained by serving the profession and the public. He can tell you of the increased respect accorded him by his fellow citizens. He can tell you of direct material improvements in his financial status. The overall results are selfrespect, public esteem and professional success."

PRIDE OF PROFESSION "Through the auspices of the Arkansas Bar Association we should instill into each practitioner in this state a pride of his profession that will warrant a deeper respect by the general public. "It is true that the law profession should not be undertaken by those who do not worship it and who are not willing to sacrifice_ To this great and beautiful profession we have never before been requested to make a monetary contribution, even though it has fed us, nurtured us, and clothed and educated our children. The Arkansas Bar Foundation soliciation has been the only recognition ever asked by this gracious mistress. Without even mentioning the tangible benefits, upon reflection, how can anyone of us ask sincerely, 'What's in it for me?' "Our Association is fast coming of age and with that attainment it is realizing that with maturity there are also responsibilities." PAGE 144

THE ARKANSAS LAW'


-

118KIIII.II. 8118 F"UIIIIII """ Minutes

Arkansas Bar Foundation Meeting Of January 22, 1959

-

"The organizational meeting of the Arkansas Sar Foundation was held in the offices of the Arkansas Sar Association, 817-19 Pyramid Life Suilding, Little Rock, Arkansas, on January 22, 1959, pursuant to notice to all members of the Foundation." Hearfsill Ragon was elected director at this organizational meeting, and served for 2 1/2 years without missing a meeting of the Board of Directors.

In the Minutes of the Special Meeting of the Soard on April 22, 1960, it is noted that "The Prospectus on the Arkansas Sar Foundation, prepared by Heartsill Ragon, was discussed and warmly received." In November 1960, the Foundation took title to the Rose Suilding for the new Sar Center. In May 1961, the campaign to raise $300,000 for capital funds was "kicked off". In his President's Address, Heartsill Ragon pointed out: CAPITAL FUNDS DRIVE "To single out any activity of the Arkansas Sar Association as outstanding above the rest is most difficult. I shall, however, refer to one. It should be a point of pride to the membership that the Arkansas Sar Foundation drive for funds has met with phenomenal success. 626 lawyers have pledged an average of $400.55 apiece. In fairness to the 66 per cent who have not contributed, it should be noted that this has been a personal contact drive and many persons have been missed tor various reasons. As of today $250,750.00 has been pledged. The original quota for the drive from the lawyers was $200,000.00. This has been over subscribe,' and in fairness to those who have not been given the opportunity, by personal solicitation, to subscribe, the quota has been railed to $300,000.00. In addition, a solicitation will be made of the general public, but will not be undertaken until the lawyers of this State have demonstrated the proper respect to their profession."

Thus, at this time when the new Bar Center seems certain of reality, it is most appropriate to recognize Heartslll Ragon as one of its founding fathers.

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PAGE 145


EXECUTIVE COMMITTEE NOTES By James M. Moody Secretary-Treasurer

In case you were wondering why Bob Ross had changed so much in physical appearance, it is because he has stepped down after three years of outstanding service as secretarytreasurer of the Association and left me with the unenviable task of trying to fill his shoes. I can only promise that I will do my best to carryon the tradition which has prevailed in the office. The Executive Committee, at its meeting of May 12, 1972, voted to disband the Fair Trial-Free Press Committee on the recommendation of the Chairman, Mr, William S. Arnold of Crossett, because of the recent decision of the Arkansas Supreme Court denying the petition of the Association for new criminal rules concerning fair trial-free press. The Executive Committee referred the proposed rules to the Criminal Law Section for study and recommendations.

Members are reminded that the deadline for submitting proposed legislation to the Jurisprudence and Law Reform Committee is July 31, 1972. Any legislation which is proposed by the Association for enactment by the Arkansas General Assembly should be received by the Committee at that time. Jack Lavey, Chairman of the Committee on Corrections, reported extensively on his plans for the scope of his Committee's activities and specific projects which the Committee will undertake. These projects include drafting of new rules and regulations for use by the Board of Pardon and Paroles and by internal disciplinary boards; redrafting the Inmate Prison Handbook; development of an Ombundsman Program; drafting of legislation to remove civil disabilities of convicted felons to enhance their rehabilitation; and to collect data for dissimination by lawyers interested in prison reform.

History of Law In The Ozarks Continued from page 126 of Fort Smith; and John S. Little of Greenwood. One era overlaps the next. Some outstanding lawyers in post Civil War times such as Du Val and Fishback reach into the period of that unique court of first and last resort presided over by Judge Isaac C. Parker from 1875 to 1896. History is never ending. Anyone who attempts to write concerning it must arbitrarily choose the times and place and persons whose lives and careers tend to cast some light on the conditions and influence the development of civilization. It cannot be said PAGE 146

that Walker, Yell, Pike and Royston are typical men or even typical lawyers (if there is such a thing), but they are indicative of the heritage of the Western Arkansas Bar. So with apologies to those not fairly recognized and to the outstanding accomplishments of Western Arkansas lawyers of a later day, this article must end. NOTE: Much of the information in this article has been gleaned from "Pictorial History of Arkansas" by John Hallum, a lawyer also living in those times ....

The Executive Committee met for its final session on May 31, 1972. Under the new Constitution the name has been changed to Executive Council. The Committee discussed and approved the award of merit entry for the Association. The award is made each year partially on the basis of the Association's principal activity and partially on the basis of the Association's other achievements. The principal activity of the Association for this entry is the Criminal Standards Workshop. The Executive Committee voted its expression of gratitude to President Paul Young, Executive Committee Chairman James West, SecretaryTreasurer Robert Ross and Executive Director Colonel Ransick for their fine work during the preceding year. At the initial meeting of the Executive Council on June 3, 1972, President Henry Woods announced the assignments of each Councilman for liaison with various committees and sections of the Association, and the appointment of Jack Deacon as Chairman of the Past Presidents Committee. There followed a discussion of the schedule for Associationsponsored legislation and of the appointment of a liaison man for the Association with the Arkansas General Assembly at the next regular session. The individual selected will assume his duties on December 1, 1972 and will be responsible for obtaining sponsors for proposed legislation, working for the passage of bills and reporting on the status of legislation as well as making a final report on tho~6 bills passed by the General Assembly of interest to the Association. Association membership is at an all time high with 1,579 members as of May 31, 1972 which does not ir}Clude law students... THE ARKANSAS LAWYER


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PAGE 147


HOUSE OF DELEGATES ARKANSAS BAR ASSOCIATION Inaugural Meeting June 2-3, 1972 The Minutes of the Inaugural Meeting of the new House of Delegates, held in conjunction with the 74th Annual Meeting of the Arkansas Bar Association at the Arlington Hotel, Hot Springs, Arkansas, May 31, June 1-3, 1972, will be reported in some detail in the September 1972 issue of The Arkansas Lawyer. However, it is important to note at this time thaI the Delegates adopted two RESOLUTIONS, concerning "nofault" insurance proposals, as follows: RESOLUTION NO, 1 BE IT RESOLVED BY THE HOUSE OF DELEGATES OF THE ARKANSAS BAR ASSOCIATION: That the Association is opposed to any "no fault" insurance plan which deprives the public of the rights guaranteed by the Constitution 01 the State of Arkansas. The Association would support an equitable and economically feasible plan which preserves those con路 stitutional rights and remedies guaranteed to the citizens of this State. The Association has worked and will continue to work for improvement of laws and procedures governing automobile accident reparations and insurance and the ,;orrection of any defects which may exist in the Ad路 ministration of the present tort liability system. RESOLUTION NO.2 BE IT RESOLVED BY THE HOUSE OF DELEGATES OF THE ARKANSAS BAR ASSOCIATION: That the association is opposed to Federal intervention in the area of "no fault" automobile Insurance and specifically opposes the Hart-Magnuson Bill now pending belore Congresa.

Report Of Automobile liability Insurance Committee Arklllsas Bar Association May, 1972 ALlC, since August, 1971, has concentrated its attention exclusively to the study of so-called "no路fault insurance plans" (NFl). This concentration has been at the direction of the Executive Committee of the Association, but even without that direction, and because of its public significance, the Committee efforts would have been so directed. Besides, nothing new has developed in the law pertaining to automobile liability insurance during this time. Our studies, PAGE 148

in the main, considered NFl from the standpoint of:

1. What is NFl? 2. Whr' effect will it have on the people of Arkansas if enacted into law in this State? 3. If which plans would and

such a proposal is desirable, one of the several hundred NFl now on the American scene be the best plan for Arkansas?

Chairman Bruce T. Bullion 4. Can such a proposal be constitutionally enacted by the General Assembly of Arkansas? THE ARKANSAS LAWYER


I. WHAT IS NFl? NFl is a curious catch-phrase - the type emanating from Madison Avenue apparently designed to attract public attention but at the same time convey little meaning. The massive advertising programs espousing NFl, and the public utterances concerning its thought-ta-be virtues, tend to indicate that it is a brand new type of insurance, but this is not the case at all. The only novel features that AUC finds in any NFl proposal today is that its promoters propose that it be projected beyond the insurance feature and (1) made a compulsory by all who wish to drive a vehicle, and (2) that it be a substitute for the present, and historical, system of effecting reparations to an automobile injured person on the basis of right and

wrong. Our studies of NFl establish that it is not a new type of insurance at all, rather it is now available to the insurance buying public, and has been so available for many years (perhaps a century). Bared of its vagueness created by its catch-phrase name, NFl is purely and simply a form of limited accident insurance, its coverage being limited to accidental injuries resulting from motor vehicle accidents. All of the occupants of a covered vehicle, plus pedestrians, are included in its coverage, and when injury results to anyone or more of the covered persons, the insurer of that vehicle will pay to him or them (1) the reasonable medical expenses up to the specified limit of the plan, (2) a percentage of loss of income, as provided in the plan, and (3) limited funeral costs, if death resu Its. The numerous NFl plans on the American scene today vary so greatly that it would elongate this report beyond its intended purpose to attempt to capsule the variations in their coverage. For instance, maximum medical payments range from $500 to $5,000, and percentage of compensable income loss (sometimes with, and sometimes without, a waiting period) of from 67 per cent to 90 per cent. No plan that has come to our attention provides compensation for disfigurement, loss of a body member or function, permanent disability, pain and suffering, mental anQuish, etc. As stated above, NFl is nothing more than accident insurance, and it is available today to any person who wants to buy it. Therefore, NFl, like the broader personal accident insu rance coverage also available, provides compensation for injuries received from its limited coverage

JULY, 1972

(motor vehicle accidents) regardless of who is at fault. Obviously, this feature is the source of its advertised phrase name, but it is important to bear in mind, always, that this "nofault" feature has been the historic nature of all forms of accident insurance regardless of whether they provide general or limited coverage. Personal accident insurance which covers the insured individual for injuries regardless of where they occur (whether in the home, the front yard, the automobile, aboard ship, the office, etc.) is "no-fault" insurance. Automobile collision insurance is "nofault" insurance, as are many other forms of insurance available tOday. The closest analogy which we can draw to NFl, aside from personal accident insurance, is Workman's Compensation Insurance (WCC), although it should be clearly understood that there is a vast difference in both coverage and "fault" rights between the two. For instance, the question of "fault" under our WCC law is eliminated oniy between the employer and employee, but remains as to all others. NFl, in and of itself, is good insurance coverage and we can find no fault with its insurance features. It, like fire insurance on the home, or life insurance on the family income producer, is another means of hedging against disastrous mishaps. If the insurance industry of America would continue to devote its time and attention to selling the American public on the virtues of this insurance, NFl would not have gained the public attention, and debates, so prevalent in our land tOday. The problem. is, however, that the insurance industry has not been so content and they propose to make this a governmentally required purchase the effect of which will limit the automobile injured persons right of recovery. They propose to do this by (1) enacting laws that will make it compulsory for every vehicle operator to purchase this insurance before he can operate a vehicle on the highways, and (2) substitute NFl compensation for the present right and wrong method which this State adopted from the common law of England.

II. WHAT EFFECT WILL NFl HAVE ON THE PEOPLE OF ARKANSAS IF ENACTED INTO LAW IN THIS STATE? The activity of the insurance industry last referred to is what brings about concern on the part of ALlC,

and while we recognize the financial boon to the insurance industry under a law requiring everyone to buy their limited insurance (and this boon makes their enthusiasm most understandable), it is our conclusion that by proposing to substitute NFl for the present right-wrong method, that they thereby take away substantial rights from the people for a mess of porridge. This detraction of individual rights will be accomplished in an apparent, and a not so apparent, way a way that will have an immediate effect and one that will have a long range effect. The immediate effect will be that should NFl become the law of Arkansas, as proposed by the insurance industry, the automobile injured person will receive less compensation under NFl than he would receive under the present right-wrong method. We grant that the insurance industry could devise a limited accident insurance plan that would pay the automobile injured person the same as, or even more than (NFl plans are limited oniy by the imagination of the drafter) the present right-wrong method of compensation, but as all of the plans coming to our attention so far provide less compensation, it would appear that lesser compensation is an inherent feature of all NFl proposals. 1t is interesting to analyze the methods that the proponents of NFl use to try and convince the public that NFl is a beneficial change in the law. This is accomplished by carefully worded statements, and advertising, that "they think NFl will cost the insurance buying public less money". We observe on this sales pitch that it should cost less money for the injured party will receive less compensation for the injury. Generally speaking one gets just about what he pays for. However, at this point there are no reliable studies, or figures, which have come to our attention to establish this opined savings as a reality. In a somewhat analogous matter, we would call attention to the fact that cost estimates of medicare have proven to be woefully inaccurate. All kinds of figures are bandied about by both the proponents and opponents of NFl, and as best we can determine at this time, neither side has sufficiently accurate information to dispute the other. Consequently, we will refrain from getting into this numbers game except in one small area hereafter noted. We conclude the best course is to bide our time until accurate and indisputable studies become available.

Continued on page 150

PAGE 149


sonably admitted that approximately .1215c of this amount does not become involved in litigation matters (this portion being those cases where the insurance companies settle direct with the injured party), so we are talking about .06c of the premium dollar wherein these hoped for cost savings to the public might come from. We recognize, of course, that the insurance industry may advance the thought that savings can be effected from the entire .1815c because of the lesser benefits that will be paid the injured party under NFl. At this point we conclude this savings sales pitch is somewhat of a sheep in wolves clothing. There is not sufficient data available to indicate that savings will result in any event. To the contrary, there is some evidence, and reason, to suspect that this insurance cost may actually increase rather than decrease. Furthermore, in the event NFl does eliminate the attorney from this insurance area, the public is left without a watch-dog to assure that the insurance companies will pay what they are supposed to pay. Some insurance companies seem to tend to decide any disputed question on claims in their favor. We have found no indication, in this advertised money game, of any

Continued from page 149 The insurance industry appeal to the public for support of NFl is couched is phraseology "we want to return to you more of the insurance premium dollar and we think this can be done under NIF". It is their con路 tention that by eliminating attorney fees in those instances where an attorney becomes involved that this is the great source of savings they hope will ensue. Some basic figures in this area will help understand better this argument. At present the insurance industry keeps .45c out of every premium $1 for their costs and expenses. We have seen no proposal by the insurance industry that NFl will reduce that fixed cost and it is likely that cost will remain whether NFl becomes law or not. This means that we are considering, in this hoped for savings, the .55c of the premium $1 which is not being returned to the public under the right-wrong system. Of that .55c, 67 per cent or .36S5c is currently being paid out for property damage claims (most NFl plans exclude property damage from coverage), which leaves .1815c actually involved in this savings argument. It also seems to be rea-

proposal that the insurance companies, under NFl, propose to cut wages of employees, officers or agents, and this would seem to be improbable. Nor do we visualize that these insurance companies can, or will, dispose of any of their offices or other properties, or that they will be able to carryon their business with less personnel. Vague statements are sometimes made that the adjusting personnel of insurance companies might be reduced, but again this seems unlikely. It is inconceivable that NFl, if adopted in Arkansas, would reduce the number of automobile claims because NFl does not reach the heart of the automobile accident problem, or even touch on it the number and severity of such accidents. Therefore, it appears to be a reasonable assumption that the claims department personnel will be substantially as now, or in any event any reduction would be so insignificant as to be de minimus. As stated before, however, at this stage of NFl, everything in the area is so speculative that no firm conclusion can be drawn as to its cost, and one must rely on the direction his imagination takes him. One important fact is a certainty, however, and that is that any and every NFl proposal on the American

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scene today is designed to take away from and limit the rights of the individuaL On the one hand the individual will be governmentally compelled to buy NFl insurance in order to enjoy the privilege of driving a motor vehicle, and on the other hand the automobile injured individual will receive less compensation under NFl than is now the case under the rightwrong system. Before passing from this sUb-topic, it is well to call attention to another facet of NFl proposals, For some reason, most insurance companies do not propose NFl as a total substitute for the right-wrong system, rather they propose a hybrid combination of the two. So far, the jurisdictions that have determined to experiment with NFl (Massachusetts, Florida, Oregon, Connecticut, South Dakota and Delaware) have done so on this hybrid method (except as hereafter noted), Their plans differ so widely it is conciuded that no useful purpose would be served to review them at this time. We have copies of these plans and will be happy to supply information about them upon request. The Massachusetts plan is the only one with any age to it (it is now in its 2nd year) and our information on the cost to the public of that plan is too incomplete.

For instance, we have information that after the first year of experience under that plan the 81 premiums were reduced $43 (from $117 to $74). We do not know if this reduction resulted from experience under the NFl plan only, or combined with the additional liability insurance coverage which we believe operators in that State also purchase. The present deceptiveness, or confusion, in this numbers game is demonstrated by the fact that the total cost of an automobile insurance policy in Massachusetts and under NFl, with all standard coverages (BI, PO, MP, UM, COMP., CoiL) increased from $496 to $555 at the same time that State reported the BI rate reduction quoted above. Southern Farm writes this same insurance policy in Arkansas at this time for $156. The NFl limits in Massachusetts are relatively small and in even moderately injured instances it seems highly likely that the additional liability insurance would become involved. We shall continue to try and collect figures in this area for this appears to be the key to public interest. At the present time we are not aware of the existence of any proposed NFl plan in Arkansas. At least three different insurance company groups are known to be working on their parti-

cular proposal and we believe these may become known on or about June 26th. The visualized long range effect of NFl is that which governmental regulation, regimentation and paternalism has upon individual initiative and industry. History indicates that such erosionary processes eventually effect a change in the individual perspective of government and its true function. People seem to get to the point that they expect the government to do all manner of things for them. There is now much evidence of this in our social order today. Everyone, including the members of ALlC, would like to experience less costs for all of the necessities and luxuries of our opulent society, but it is believed that greater happiness and security has resulted under a system where this is accomplished with as little governmental intervention as possible. A wise patriot once observed that "the price of liberty is eternal vigilance" and it is thought that this has signifigance as to sources from within the system as well as from without. In this connection a strange anamoly exists today in our three-branch form of federal government: over the years

Continued on page 152

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Continued from page 151 since World War II the Judicial Branch has placed almost total emphasis on the protection of individual rights and freedom, while at the same time the Legislative and Executive Branches advocate, and in the case of the former have enacted into law, more and more programs which, whether by design or happenstance, limit individual rights and freedoms. Economic benefit supposedly resulting from the latter have made these programs palatable to the American pUblic, but nevertheless their effect on the freedom of individual movement is apparent every day of our lives. At this point in the history of NFl, we do not have sufficient cost data to justify approval of this additional governmental regimentation of our social order even on the basis of hoped for economic benefit. An even greater erosionary effect on a social order is the concept, under any NFl proposal that would substitute it for the present system (the South Dakota plan does not so substitute), of right and wrong. The first known code of laws ever written came from the mind of Hammurabi (21252080 B.C.), the 6th King of the first dynasty of Babylon. That code, and all that have been devised since and designed as was it to define legal prerogatives and penalties with a motivation of justice and fair play, have as their cornerstone the recognition of right and wrong, both civil and criminal, with a system of punishment for wrongful activity. Civil

wrongs and publishments therefore were provided in the Code of Hammurabi; and while social orders that have come into being since have abandoned the method of punishment calling for an eye for an eye (penalties for capital crimes excepted), the idea of right and wrong and civil reparations for the latter has been an everdeveloping and expanding concept in man's relation to man. Long ago it was recognized that the careless person can disrupt the peace and happiness of a well-ordered society sometimes with as great an impact as can the criminal. Therefore, the peace, health, safety and welfare of the social order is best served by some system of punishment for a defined civil wrong. If for no other reason that punishment serves to make most men move more cautiously, rather than rashly, in their daily activity. It serves also to bring to the mind of man, consciously and SUb-consciously, a keener sense of right and wrong in its broadest sense. Certainly it is wrong for a man to operate a motor vehicle, whether deliberately or carelessly, in such a way as to injure or kill a fellow human being. However, the fact of the matter is that this is a daily event in our society the annual statistics of which include thousands of deaths, millions of injuries and astronomical economic loss. In the face of this major rightwrong factor in our society, the proponents of NFl would do away with this concept. We conclude that this is pure retrogression. What we really need are more ways to make the rash

Eleventh Tax Institute (With CPA's) Nov. 30, Dec. 1, 1972 Holiday Inn Little Rock, Arkansas 20th Mid-Year Meeting House of Delegates Semi-Annual Meeting January 18-20, 1973 Arlington Hotel Hot Springs, Arkansas

House of Delegates Special Meeting September 21, 1972 Worthen Bank Building Little Rock, Arkansas Fall Legal Institute September 22-23, 1972 Sheraton Motor Inn Little Rock, Arkansas

PAGE 152

12th Oil & Ga. Institute April 12, 13, 1973 Majestic Hotel Hot Springs, Arkansas 75th Annual Meeting House of Delegates Annual Meeting June 6-9, 1973 Arlington Hotel Hot Springs, Arkansas

and careless drivers more conscious of the consequences of their wrongful conduCt. III. IF SUCH A PROPOSAL IS DESIRABLE, WHICH ONE OF THE SEVERAL HUNDRED NFl PLANS NOW ON THE AMERICAN SCENE WOULD BE THE BEST PLAN FOR ARKANSAS? Our conclusions that any NFl plan which includes as a part of its concept the propositions of (1) compUlsory purchase of insurance, and (2) substitution of its compensation plan for the present right-wrong system, is not desirable, makes this portion of our inquiry moot. We shall continue to watch for any and all developments in this area and should any arise in the future we will carefully study them and report. IV. CAN SUCH A PROPOSAL BE CONSTITUTIONALLY ENACTED BY THE GENERAL ASSEMBLY OF ARKANSAS? We have concluded that any NFl plan that proposes to substitute, to any degree, its system of automobile injury reparations for the present right-wrong system, if enacted by the General Assembly of Arkansas, would be contrary to two provisions of our present Constitution. Article 2, Section 7, as amended by Amendment 16, provides: "The right of trial by jury shall remain inviolate, and shall extend to all cases at law. . ." See Haynes Drilling Corp. v Smith, 200 Ark. 1098; and Standard Pipe Line Co. v Burnett, 188 Ark. 491. And, Article 5, Section 32, as amended by Amendment 26, provides: " ...no law shall be enacted limiting the amount to be recovered for injuries resulting in death or for injuries to persons or property. . . " See Anderson v Sanderson & Porter, 146 F(2) 58. These cited Constitutional provisions would seem to clearly prevent the Arkansas Legislature from enacting any law detracting from the present right-wrong system of making reparation for death, injury and property damage, whether resulting from automobile accidents or otherwise. J.L. "Bex" Shaver, G.D. Walker, Joe Woodward, Ed I. Staten, Dale Price, Bruce T. Bullion (ALlC) Committeeman W.A. Eldredge, concurs in the result. ..

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1 July 1972 TO ALL CONCERNED: The July 1972 issue of The Arkansas Lawyer is highlighting "History of Law in the Arkansas Ozarks", and is dedicated to the Arkansas Bar Association's four living past presidents in the Northwest Bar District. Author G. Byron Dobbs of the cover story commented that to cover all of the outstanding lawyers in Western Arkansas up to now was impossible in this connection. Mr. Dobbs soon became fascinated with the careers of David Walker and the other early circuit riders - and so, his cover story. This issue is the first in the series of The Arkansas Lawyer being devoted to the legal heritage of the Arkansas Lawyer.

The Arkansas Lawyer

Eugene A. Matthews

Eugene A. Matthews, son of George M. and Maggie Bunch Matthews, was born in Manila, Arkansas, on Novem-

PAGE 156

ber 25, 1908. He attended the public

College at Siloam Springs, Arkansas,

schools of Manila. His fellow classmate, Oscar Fendler, reminisces about

and from Henderson State College, at

those days. "About 2:00 or 2:30 the

times were difficult and Gene worked in a variety of jobs to get through school. In those days debating was a major actiVity on campus, and while at Henderson, Gene and Associate Justice of the Arkansas Supreme Court, Lyle Brown, won the State

country school class was devoted to recitations, mathmatical contests and spelling bees. In 1920 when Warren Harding was the Republican nominee and James Cox was the Democratic nominee, a debate was held and Oscar represented the Republic nominee and Gene the Democratic nominee. Gene was an excellent speaker with a good personality and very persuasively won the debate, and Cox won all the Manila votes. This was the beginning of his debating career." He graduated from the Academy Department of John E. Brown

Arkadelphia, Arkansas in 1931. The

College Debating Championship in 1930-31. In 1931 he enrolled in the Arkansas Law School at Little Rock and during the day worked for the

Han. Tom F. Digby, Sr. (father of the present Pulaski Circuit Judge, Tom F.

Digby, Jr.) to whom he attributes the inspiration and the "wherewithal" to attend Law School in those de-

THE ARKANSAS LAWYER


,

I

~

pression years. Admitted to the Bar in July of 1932, he continued his studies at Arkansas Law School where he graduated as the president of his class in 1933. He became a member 01 the Arkansas Bar Association in 1934 and was Chairman of the Junior Bar Section in 1940-41, being also a member of the Executive Committee of the Association during that year. During his administration, the first legal institute was held in Little Rock, out of which, in that same year, under the chairmanship of the Han. Jerry H. Glenn, now a Judge of the Superior Court, in Phoenix, Arizona, and with the cooperation of N.J. Gantt, President of the Association, thirteen Institutes were held and thus began the Chancery Circuit Legal Institute Program, which languished during World War II, and has now been largely replaced by the Winter meeting of the Association and its many seminars held in the various fields of the law. Judge Glenn recently commented on the many pleasant hours he and Gene spent on those trips over the State at their own expense. Their friendship grew to be a very close one and Judge Glenn particularly mentioned Gene's unusual ability to get things done, his great sense of humor and his dedication and long service to the State Bar of Arkansas. In 1946 he was a member of the Bar Association Committee that sponsored a three-day seminar in Little Rock to bridge the legal gap for Arkansas lawyers returning from military service. For many years a member of the Executive Committee of the Association, he served as Chairman of that Committee during the presidency of Terrell Marshal, of Little Rock, in 1951-52. Elected Vice-President of the Association in 1955, he became acting President four months later upon the untimely death of Shields M. Goodwin, President. At the 1956 meeting he was elected President of the Association for the year of 1956-57. He regards as the highlights of his administration (1) the adoption of Amendment No. 43 to the Arkansas Constitution on judicial salaries, the campaign for which had been launched during the administration of Mr. Goodwin, and its implementation by legislative act; (2) the adoption at the 1957 meeting of a resolution providing for the purchase of a Bar Association Headquarters Building; and. (3) the launching of the Association of local Bar Associations. His good friend Terrell Marshal JULY, 1972

reflecting on his paper "Looking Backward To See Forward" commented that it represents an accurate portrayal not only of the Bar, but of the man, as he values the lessons of the past, but lives in the present, and believes in the future preserving an optimistic young outlook. "I know of no one on whose mind the years have weighed more lightiy. The keen and persistent twinkle in his eyes, of genuine interest about everyone and curiosity about everything, is a sure pointer to that lifetime of youthfu I learning and joy in living despite the full share of life's problems. He is a man's man and a lawyer's lawyer, one whose advice and jUdgment is sought and respected. His love and fidelity to the law are evidenced by two of his frequent statements. 'The law is a jealous mistress' and another that has been so meaningfu I to his clients 'No case or client is too small to deserve other than the best of a lawyer's abilities'." Following his admission to the Bar in 1932, he was associated, briefly, with Tom F. Digby, Sr., of North Little Rock and soon thereafter became an Assistant State Counsel for Home Owners Loan Corporation where he was Chief Counsel from June 23, 1939 to March 1, 1941, when he again engaged in the private practice of law in Little Rock. During this period he served for a time as Executive Director of the Pulaski County Defense Council. In January of 1944, Mr. Matthews volunteered (one step ahead of the draft, he says) for induction into the armed services and asked for assignment to the Marine Corps where he served until 1945, and upon his discharge joined the law firm of Martin, Wootton, Martin & Land, in Hot

Springs, where he now practices under the firm name of Wootton, Land & Matthews. While living in Little Rock, he was Chairman of the Board of Stewards of Pulaski Heights Methodist Church, and an assistant teacher of the Men's Bible Class. He served as SecretaryTreasurer of the Little Rock Bar Association; was the 2nd President of Arkansas Enterprises for the Blind, Inc., from 1941-1944, Vice-President of the Downtown Lions' Club; member of the Boards of Directors of Arkansas Children's Home & Hospital, County Court Juvenile Advisory Committee, Little Rock Goodwill Industries, Inc., and usa Council of Greater Little Rock. He has served as Chairman of the Board of Stewards of the First United Methodist Church of Hot Springs; as President and Board Member of the Hot Springs YMCA; as President of the Southwestern Area Council of YMCAs from which organization he received the Distinguished Service Award in 1961. He has been a member of the Hot Springs Rotary Club (President, 1952-53) since 1945. He has served as Vice-President and Member of the Board of Directors of the Hot Springs Chamber of Commerce and on the Boards of many other civic and charitable organizations. In 1970 he was appointed as Special Chief Justice of the Arkansas Supreme Court by Governor Winthop Rockefeller, and in 1971 was appointed as Special Associate Justice of that Court by Governor Dale Bumpers. He is married to the former Mildred Balch of Morrilton, Arkansas, and has two sons, George B. Matthews and Eugene A. Matthews, Jr., who is a member of his father's law firm .â&#x20AC;˘

ROBERT L. JONES, JR. Few lawyers in Western Arkansas have ever encountered Robert (Bob) L. Jones, Jr. in Court without seriously wondering how objective the female members of the jury panel actually are. On more than one occasion female members of the jury have bee~ heard to remark that Bob is "so nice that they just want to mother him." That appearance coupled with an ability to make even preposterous arguments seem logical and reasonable make Bob a most formidable opponent in Court. Bob has one of the busiest practices in the State, but nonetheless makes you feel

Continued on page 158

PAGE 157


Continued from page 157 as though every case you have with him is the only case he has in the office and, therefore. he is going to put you through the paces with it. Bob brought this same enthusiasm and outlook to the State Bar Association when he was president. No one deserved to be president of the State Bar Association more than Bob. He had been an active member of the Association since he was admitted to the Bar and had served on almost every Committee, having been chairman of several. Bob is a native of Magazine, and attended Magazine Public Schools, and John Brown Academy at Siloam Springs. He graduated from Hendrix College with a B.A. Degree in 1942, and served in the U.S. Army from 1943 until 1946 in the European theater. Bob, who was commissioned as a Second Lieutenant in Europe. was recalled to active duty during the Korean conflict and served 21 months at Fort Chaffee as Legal Officer from 1950 until 1952. In between periods in the Army, Bob attended the University of Arkansas and graduated with an L.L.B. Degree with honors in 1948. Bob has practiced law in Fort Smith since that time with the exception of his military service and a period of time in 1950 when he served as Special Assistant in the U.S. Atorney General's office. Bob is presently the Senior Partner with the Firm of Jones, Gilbreath & Jones. Bob has been and remains extremely active in civic and church activities and has taught a Sunday School class in First United Methodist Church in Fort Smith for over 20 years. He has likewise served on virtually every committee in the Church and again has been Chairman of most of these committees. During Bob's term as President of the State Bar Association, the Constitutional Convention was in session and he devoted many hours to insuring that the proposed Constitution contained the best possible judicial article. The proposed Constitution did not pass, but perhaps the groundwork has been laid by the efforts of Bob and other members of the Association to insure that Arkansas will someday have the type of system that was set forth in the proposed Constitution. Bob and his administration were also active in attempting to have the Arkansas Supreme Court grant the Bar Unification Petition. Bob spent countless hours conferring and corresponding with attorneys throughout the State in an effort to insure adoption of a unified bar. Unification was PAGE 158

defeated by a small vote, but again, hopefully the framework has been laid to insure that Arkansas will have a unified bar in the future. Bob's administration was also very active in the field of legal aid and the defense of criminal indigents. Committees formed during Bob's administration continued to work, and a number of the suggestions and recommendations of those two committees have been implemented. The Code of Professional Responsibility was adopted, and work began on the Criminal Model Jury Instruction during Bob's tenure as president. Bob Jones must have had a "crystal ball" when he gave his President's Report on June 4, 1970 at the 72nd Annual Meeting of the Arkansas Bar Association in the Crystal Ballroom of the Arlington in Hot Springs. • He forecast the democratization of the Association - the House of Delegates concept has been adopted. • He anticipated the employment of a fulltime counsel for the Arkansas Supreme Court's Committee on Professional Conduct - Mr. Taylor Roberts has been so employed. • He projected a Client Security Fund - Mr. Henry Woods, Association President for 1972-73, "kicked off" a fund raising campaign at the Inaugural Meeting of the House of Delegates, June 2-3, 1972.

Bob'. Wife Maxine

He spotlighted the Arkansas corrections problem - the Arkansas Bar Association now has a special Committee on Corrections and former Governor Richard J. Hughes, now Chairman of the ABA Commission on Correctional Facilities and Services, was the headliner at the recent 74th Annual Meeting of the Arkansas Bar Association. He recommended a Lawyer Referral Service - he is now Chairman of the Arkansas Bar Association's new Lawyer Referral Service Committee and a member of the ABA's related Committee.

You can tell by visiting with Bob that he is proud of his profession and likewise it is "crystal clear" that his profession is very proud of him .•

HEARTSILL RAGON

Seven miles north of Highway 22 near Scranton, Arkansas, lies the community of Morrison Bluff. Across Dardanelle Reservoir stands Tick Hill, a prominent landmark arising from the otherwise monotonous flatness of the river bottoms. Tick Hill is surrounded by such places as Goose Camp, Montana, and New Spadra. Six miles to the

northeast, 8S the crow flies, is Clarksville, Arkansas. Three miles east is another prominent landmark known as Ragon Mountain, named after its first and on Iy recorded resident, Captain Alfred Jackson Ragon, also known as "Captain Jack", a former Confederate Officer. It was in this general vicinity that Hiram Heartsill Ragon, Jr., grandson of Captain Jack, first saw the light of day in 1917, and was thereafter nurtured through his childhood. Heartsill, Jr., was the son and only child of the renowned attorney, statesman and jurist, Hiram Heartsi II Ragon, Sr., and Mattie Smith. Heartsill, Sr., served as prosecuting attorney in this district. His election to the United States Congress and subsequent appointment as United States District JUdge for the Western District of Arkansas, occasioned young Heartsill's departure trom the rural environs of his native area and his exposure to the glamour of cosmopolitan life, which, no doubt, explains his ultimate location in Fort Smith, Arkansas - a THE ARKANSAS LAWYER

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satellite of metropolitan Tulsa, Oklahoma. It also marked the last significant contact he would have with a "dry" county for many years. Having absorbed all the knowledge available in Clarksville, (and suffered under the oppressive regime of a "dry" county), Heartsill continued his formal education at Washington and Lee University in Lexington, Virginia (like Fort Smith, a "wet" county). In the absence of any claims of scholastic achievement, it is safe to assume they were no better than meager, for modesty has never been among Heartsill's failings. On the other hand, he does speak often of his athletic accomplishments as a track man. Since none of the records he claims are recorded, Heartsill's friends have generously concluded that the records must have been posted before such information was collected and preserved at least at the tracks where he raced. It is thought that his early training for this sport was perhaps with the prodding of two Johnson County farmers, Messrs. Werner and Knadle, whO owned a grape vineyard and watermelon patch, respectively. Doubtless, Heartsill's greatest track performances were viewed by these gentlemen down the barrels of 12-gauge shotguns. Heartsill commenced the reading of law at Washington and Lee in 1939. After one year (and an A.B. degree) he moved on to the University of Michigan at Ann Arbor, Michigan (yes, another "wet" county), for his second year. His final year of legal study was at the University of Arkansas and culminated in an LL.B in 1941. The reason or reasons for these migrations have been lost in the clouded past or deliberately kept secret. It is known that young Heartsill went by the name of "Sparky" during this period, and he will tell you that "sparking" was his game. One might observe that it would be many years before medical science moved to mitigate the risks of that pastime. Having often been heard to complain that he was born thirty years too soon, one might infer that Heartsill's frequent transfers were for purposes of implementing the lessons learned on "change of venue". Heartsill's immediate success and manifest impact on the practicing Bar was apparent; for less than one year out of law school he was appointed prosecuting attorney for the 12th Judicial District - less than a year after his admission to the Bar, an office which he held during 1942-43. Having conquered the challenges of that office and having apparently found dissatisfaction with the law as it was,

he ran and was elected to the House of Representatives of the State Legislature, where he served from 1943 until 1948, on the theory that it was easier to make the law than to learn the law. Thus, the early years of Heartsill's career at the Bar were reminiscent of the frequent changes that had characterized the whirlwind pattern of his college days. Having emulated his father as a practicing attorney, a prosecuting attorney, and member of a legislative body, it was natural that Heartsill gave consideration to following his tather's example as a jurist. However, his thoughts in this regard were aborted as a result of his attempt to try his hand at jUdging a controversy between two of his own bird dogs. With the wisdom of Solomon and the courage of Seagram's, he attempted to arbitrate the controversy with the result that one of the contestants damn near bit off his hand. During the early period of his convalescence, Heartsill reflected on the apparent anomaly of this injustice. However, af-

ter the anesthetic (and Seagrams) had worn off, he wisely concluded that if a man's own dogs resent his authority, he could hearly expect to fare better among strangers, and thus renounced the bench. As a partner in the firm of Warner, Warner, Ragon & Smith, Heartsill has enjoyed interesting and illustrious practice centered in Fort Smith, but spreading over the entire Southwestern United States. Further comment on this phase of Mr. Ragon's career is unnecessary. Suffice it to say, that his significant clientele have included Sally Rand, Winthrop Rockfeller, ArkansasLouisiana Gas Company and Bucky Nabors. Having tasted the wines of many successes and having met the challenges of so many adversaries, one would think that Heartsill would slip gracefully into the twilight of a star studded career so richly deserved. Not so! Having heard of the challenges (and hours) confronting his friends Louis Ramsay and Bill Bowen, Heartsill has put aside the tld.moane concern of the practicing lawyer and

has now ascended to the world of high finance as President of United Savings Association of Fort Smith, Arkansas. What the future holds is incomprehensible to the biographer, since it must be calibrated in galaxies and not mere horizons. As has been so often stated, due reflection on the life of a great man will reveal one or more principles for the benefit of those less gifted. The career of Mr. Ragon suggests two great lessons. The first, of course, is never locate in a "dry" county, and the second is "humility". The last mentioned quality is clearly exhibited by the celebrated incident which occurred as a result of the infamous midnight raid on the banks of the Buffalo River near Marshall, Arkansas, at a time when many of Heartsill's close friends were gathered for the purpose of sharing fellowship. Pressing business delayed Heartsill's arrival by twenty-four hours, and when he reached the scene he was outraged to learn that his friends had been wrongfully arrested and charged with the possession of untaxed whiskey and over-possession of taxed whiskey by an over zealous and ill advised sheriff. Rising to the occasion, Heartsi II, in the finest spirit of his calling, undertook the defense of the maligned campers. Heartsill ascended the crowded courthouse steps to enter a room packed with an impassioned crowd of Searcy Countians, all eager to see whether the Sheriff's bag was really a band of foreign river conservation conspirators or merely a benign group of fishermen who meant no harm. Having had to plead only eight of the twenty accused guilty to free the rest, Mr. Ragon was complimented by the trial judge, to which he candidly rejoined, "if you had waited one day later I would have been a defendant instead of the lawyer." By way of footnote, it should be added that our subject has a lovely and talented wife, Polly, two children, Ellen and Heartsill III. By way of further footnote, the record shou ld reflect that Heartsill is a Fellow of the American College of Trial Lawyers and the American Bar Foundation. He served as a Bar examiner for the State of Arkansas from 1961 to 1967, has served as a member of the Arkansas Oil and Gas Commission since 1967, has served as President of the Arkansas Bar Association (1961-62), is a deacon of the Central Presbyterian Church, and won the Fort Smith Town Club gin rummy tournament in 1968. Douglas O. Smith, Jr. Dorsey M. Ryan

...

Continued on page 160

PAGE 159


Continued from page 759

COURTNEY C. CROUCH

Courtney C. (the "C" is silent and secret) Crouch was born in Collins, Missouri, (the heart of the famous Missouri Mule Country), on a sunny day in June. According to Crouch, you can approach the metropolis of Collins on national highways from the East, West, North and South, but "Don't bat an eye or you'll miss the whole dadburned town." During Courtney's early childhood Collins was a busy community where his father operated the local bank, a few other assorted businesses, raised Missouri mules on the side, and when he had nothing better to do examined an abstract or handled other minor legal matters. Courtney's father died when he was still a child, and his mother moved to Arkansas where they had relatives. He attended high school in Siloam Springs and Bentonville. It is rumored that while he was in high school he had the best paper throwing arm in town. He later devoted his part-time efforts to greasing bread pans in a bakery and labeling cans in a canning factory, but really came into his own when he found a job as a soda jerk. He privately admits that the motivation for the change in positions was because of the better opportunity to visit with the opposite sex. With public school education out of the way, Crouch boarded the Kansas City Southern at Siloam Springs (six passenger trains a day in those days)

PAGE 160

and made his way to Kansas City, where he graduated from the University of Missouri at Kansas City School of Law in 1933. He returned to Arkansas in 1933, passed the bar examination with flying colors, and set up shop in Springdale the same year, ready to siay all legal dragons. Courtney hung his "Attorney at Law" shingle out on the main thoroughfare. The only problem was its location two and a half floors above street level (rent, 57.50 per month). In fact, the length and number of stairs leading to Crouch's law office was so great that clients were given a flve-minute rest period after they arrived before being asked to relate their legal problems. Courtney's law practice grew steadily and his outgoing personality led him to his first and only venture as a candidate for public office - he was elected mayor of Springdale at the ripe age of 23. No earth shattering municipal legislation was passed during Courtney's term as mayor, primarily because his conservatism was overshadowed by that of the town council. As Courtney explains it, "To suggest that an emergency clause be included in an ordinance was extremely liberal and called for lengthy debate." While Courtney served as one of the youngest mayors in the nation, he also presided over the local police court with fairness and dignity, that is, as much dignity as the small courtroom in the jail facilities would permit. If JUdge Crouch ordered jail confinement, the short distance of 15 feet to the cell made execution of the sentence swift, to say the least. It should be noted that law practice, politics and other civic affairs did not consume all of Courtney's time. Somewhere he found sufficient time to woo and win Marie Loftis of Pocahontas as his bride, and they have three sons, Courtney C. Crouch, Jr.. a life insurance executive, Michael E. Crouch, M.D., and James E. Crouch, a student at Hendrix College. In the area of service to his community, Courtney has more than met his responsibilities. He is a member of the Board of Directors of Springdale Memorial Hospital, served for many

years as a member of the Chamber of Commerce Board, is a Past President of the Rotary Club, Board Member and Trustee of First Methodist Church, Board Member of the Northwest Arkansas Regional Airport Committee, Past Chairman of the Washington County Democratic Central Committee, Director of the First National Bank and other corporations. In the area of professional accomplishments, he has served as President of the Washington County Bar Association, member of the ExecL,Jtive Committee of the Arkansas Bar Association, President of the Arkansas Bar Association. 1965-66, Board of Bar Examiners. 1955-58. Trustee of the Arkansas Law School Foundation, member of the Executive Committee and Trustee of the Southwestern Legal Foundation of Dallas, Special Justice of the Supreme Court of Arkansas, Fellow of the American Bar Foundation, and Fellow of the American College of Trial Lawyers. Somewhere in Crouch's makeup he must have gathered some of the stu::'born ness of the Missouri mules that he knew as a child. for he has a stubborn devotion to our system of laws. To say that Crouch likes the practice of law is a gross understatement. He is intrigued by the complexity of the law, thrives on its challenges and honors its ethics with dedication. To Courtney C. Crouch the law is truly a jealous mistress ....

THE ARKANSAS LAWYER


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OF CONSTANT POPULARITY

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Most sources of drinking water change seasonally, even daily, Most must be treated for many types of contamination. But one fountain flows from a source so deep and protected that no pollution of any sort has touched it. Chances are it never will. The fountain, in the Health Resort region of Hot Springs, Arkansas, has been flowing for hundreds of years, For the last hundred, it has been known as the Mountain Valley Spring, It is one of the world's truly excellent health waters, Changeless, low-salt, mildly alkaline and marvelous to taste, these are the qualities of Mountain Valley \Vater. One more adds to its renown-acceptance. When water from just one spring mainlaillS wide popularity, it must be good. Many places listed in this book have been distributing Mountain Valley Water for years, This may indicate its value to you. Ask for Mountain Valley Water wherever you are, Every time you drink It, you are assured of uniform health water of exceptional merit, FROM HOT SPRINGS. ARI(.

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If you're interested, drop us a line on your letterhead.

ARKANSAS BLUE CROSS & BLUE SHIELD, INC. JULY. 1972

6th & Gaines Little Rock 72203 PAGE 161


ARKANSAS BAR ASSOCIATION Arkansas Bar Center 375-4&05 408 Donaghey Building

little Rock, Arkansas 7220 I

DIRECTORY 1972-73 CONTENTS Map - State Bar Districts .....•................•....................•.......... 163 Map - Delegate Districts .........•......•.•........•.•......................... 163

* ••• *** Arkansas Bar Association ........•......•.•......•............................. 164 Officers. . . . . . . . . . . . . . . . . . . . . .

. .............................•..•........•.... 164

Executive Counci I ................................•............................. 164 Delegate to ABA .......•...............•....................................... 164 Staff ...........................................•.•.............•........•...... 164 House of Delegates.

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Association Presidents Since 1899 ..............................•............... 166 Past Presidents Committee ..............................•...................... 166 Sections. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .............•.•.................... 167 Standing Committees Special Committees.

168 .

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******. Arkansas Bar Foundation ...............................................•....... 174 Officers and Directors .............•...........•...•.....•.........•............ 174 Committees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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******* Local Bar Associations and Officers

PAGE 162

175

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Executive Gouncll James M. Moody 2200 Worthen Bank Building Little Rock, Arkansas 72201 (375-6483)

President

Henry Woods 711 West Third Street Little Rock, Arkansas 72201 (376-3021 )

Secretary路Treasurer

President-Elect

James E. West Merchants National Bank Fort Smith, Arkansas 72901 (782-0361 )

Chairman, Young Lawyers Section

Immediate Past President

Paul B. Young P. O. Box 7808 Pine Bluff. Arkansas 71601 (534-5532)

Chairman, Executive Council

NORTHWESTERN STATE BAR DISTRICT Robert Hays Williams 1973 Thomas F. Bull 1974 Douglas O. Smith, Jr. 1975

Russellville Fayetteville Fort Smith

NORTHEASTERN STATE BAR DISTRICT Helena 1973 David Solomon Batesville 1974 W. D. Murphy West Memphis 1975 Julian B. Fogleman

LIAISON NON-VOTING MEMBERS Chairman, Legal Education Mr. Martin Gilbert Committee Simmons National Bank Bldg. Pine Bluff. Arkansas 71601 (534-5221 ) Chairman, Arkansas Bar Foundation .... Edward Lester 1330 Tower Building Little Rock, Arkansas 72201 (375-2301 )

Richard F. Hatfield Box 36 Searcy, Arkansas 72143 (268-3536)

James B. Sharp Bank of Brinkley Brinkley, Arkansas 72021 (734-4060)

SOUTHERN STATE BAR DISTRICT 1973 John A. Davis, III 1974 Otis H. Turner 1975 Herman Hamilton, Jr. CENTRAL STATE BAR DISTRICT Robert o. Ross 1973 John P. Gill 1974 Dale Price 1975

Pine Bluff Arkadelphia Hamburg

Little Rock Little Rock Little Rock

Delegate to American Bar Association

Herschel H. Friday 1100 Boyle Building Little Rock, Arkansas 72201 (376-2011 )

Executive Director.

C. E. Ransick 408 Donaghey Building Little Rock, Arkansas 72201 (375-4605)

Arkansas Judicial Council ....Judge Harrell A. Simpson Representative P.O. Box 47 Pocahontas, Arkansas 72455 (892-3144)

Staff Executive Director Assistant Executive Director Membership Secretary PAGE 164

C. E. Ransick Judith H. Gray Barbara Ghormley THE ARKANSAS LAWYER


HIUSI EX路OFFICIO MEMBERS PRESIDENT

PRESIDENT路ELECT

SECRETARY-TREASURER

NON-VOTING MEMBERS Past Presidents DELEGATES District No. 1 Ernest G. Lawrence P. O. Box 447 Bentonvi lie, Ark. 72712 District No. 2 H. Paul Jackson P. O. Box 89 Berryville, Ark. 72616 District No. 3 Jack Yates 301 West Commercial Ozark, Ark. 72949 District No. 4 Robert Hayes Williams 116 S. Denver Russellville, Ark. 72801 District No. 5 Henry Morris 14 Thomas Bldg. DeQueen, Ark. 72944 District No. 6 Otis H. Turner P. O. Box 607 Arkadelphia, Ark. 71923 District No. 7 Joe D. Woodward P. O. Box 727 Magnolia, Ark. 71753 District No.8 Thomas E. Sparks P. O. Box 547 Fordyce, Ark. 71742 District No. 9 Herman l. Hamilton, Jr. 110 No. Main SI. Hamburg, Ark. 71646 District No. 10 O. Wendell Hall 501 North Main Street Benton, Arkansas 72015 District No. 11 J. W. Green 602 South College Stuttgart, Ark. 72160 District No. 12 Jerry W. Cavaneau P. O. Box 36 Searcy, Ark. 72143 District No. 13 David Solomon JULY, 1972

Of Dlillatis

Henry Woods 711 West Third St. Little Rock, Ark. 72201 James E. West Merchants National Bank Fort Smith, Ark. 72901 James M. Moody 2200 Worthen Bank Bldg. Little Rock, Ark. 72201 215 Cherry Street Helena, Ark. 72342 District No. 14 James L. Shaver, Jr. P. O. Box 592 Wynne, Ark. 72396 District No. 15 Julian B. Fogleman Bank of West Memphis West Memphis, Ark. 72301 District No. 16 Bill E. Ross P. O. Box 486 Blytheville, Ark. 72815 District No. 17 Gerald P. Brown P. O. Box 726 Paragould, Ark. 72450 District No. 18 Marvin O. Thaxton 600 Third Street Newport, Ark. 72112 District No. 19 W. D. Murphy, Jr. Fitzhugh Bldg. Batesville, Ark. 72501 District No. 20 Thomas B. Tinnon 509 S. Main St. Mountain Home, Ark. 72653 District No. 21 Edward Gordon, Jr. P. O. Box 558 Morrillon, Ark. 72110 District No. 22 LeRoy Autrey 501 East 6th Street Texarkana, Ark. 75501 Charles Conway 6 State Line Plaza Texarkana, Ark. 75501 District No. 23 R. Keith Arman 623 Central

IMMEDIATE PAST PRESIDENT

Paul B. Young P. O. Box 7808 Pine Bluff, Ark. 71601 CHAIRMAN, EXECUTIVE COUNCIL James B. Sharp Bank of Brinkley Bldg. Brinkley, Ark. 72021 CHAIRMAN, YOUNG LAWYERS Richard F. Hatfield SECTION P.O. Box 36 Searcy, Ark, 72143 Hot Springs, Ark. 71901 Louis J. Longinotti Thompson Building Hot Springs, Ark. 71901 District No. 24 Richard H. Mays 211 East Elm SI. EI Dorado, Ark. 71730 William I. Prewett 423 Washington EI Dorado, Ark. 71730

214 North Sixth St. Fort Smith, Ark. 72901 G. Alan Wooten P. O. Box 1525 Fort Smith, Ark. 72901 District No. 29 Guy Amsler, Jr. Donaghey Building Little Rock, Ark. 72201 Phillip Carroll 720 West Third St. Little Rock, Ark. 72201 District No. 25 Winslow Drummond John A. Davis, Jr. 2200 Worthen Bank P.O. Box 7808 Little Rock, Ark. 72201 Pine Bluff, Ark. 71601 John P. Gill Horace J. Fikes, Jr. Pyramid Life Building 414 National Building Little Rock, Ark. 72201 Pine Bluff, Ark. 71601 Don F. Hamilton District No. 26 1550 Tower Building Randall W. Ishmael Little Rock, Ark. 72201 P. O. Box 1245 Steele Hays Jonesboro, Ark. 72401 821 Pyramid Life Bldg. David N. Laser Little Rock, Ark. 72201 P. O. Box 1346 Cooper Jacoway Jonesboro, Ark. 72401 Pyramid Life Building District No. 27 Little Rock, Ark. 72201 Chancellor Thomas F. Butt Edward Lester Washington Cnty. Courthouse 1330 Tower Building FayetteVille, Ark. 72701 Little Rock, Ark. 72201 David R. Malone Boyce Love P. O. Box 1004 1100 Boyle Building Fayetteville, Ark. 72701 Little Rock, Ark. 72201 Walter R. Niblock Dean R. Morley 20 East Mountain 2900 Railroad Ave. Fayetteville, Ark. 72701 No. Little Rock, Ark. 72114 District No. 28 Dale Price Robert T. Dawson 211 Spring Street Superior Federal Building Little Rock, Ark. 72201 Fort Smith, Ark. 72901 Robert D. Ross Robert L. Jones, Jr. 401 Three Hundred Spring Merchants National Bank Little Rock, Ark. 72201 Fort Smith, Ark. 72901 Donald S. Ryan Doug las O. Smith 209 National Investors Bldg. Little Rock, Ark. 72201 LAW STUDENT SECTION DELEGATES _ Isaac A. Scott, Jr. UNIVERSITY OF ARKANSAS 2200 Worthen Bank SCHOOL OF LAW: Little Rock, Ark. 72201 Fayetteville Campus ... . Jim Spears Leonard L. Scott 919 So. 17th 1501 Tower Building Fort Smith, Ark. 72901 Little Rock, Ark. 72201 Little Rock Division . . ... Jerry Glynn James John B. Thurman, Jr. 209 Ellis Dr. Pyramid Life Building Little Rock, Ark. 72205 Little Rock, Ark. 72201 PAGE 165


Arkansas Bar Association Presidents Since Organization ·U. M. Rose °Henry C. Caldwell OSterling R. Cockrill -Thomas B. Martin ·George B. Rose ·James F. Reed ·Allen Huges °Joseph M. Strayton ·Joseph W. House °William H. Arnold ·John M. Moore *N. W. Norton ·W. V. Tompkins °Ashley Cockrill -James D. Shaver ·Charles T. Coleman

-Jacob Trieber °lra D. Oglesby °Charles C. Reid -Thomas C. McRae oJ. H. Carmichael ·William H. Martin oW. F. Coleman oJ. F. Loughborough oJ. V. Walker °C. E. Daggett oS. H. Mann °George B. Pugh °T. J. Gaughan oW. T. Wooldridge *J. Merrick Moore *T. D. Wynne °T. C. Trimble, Jr. -Harry P. Dailey -George A. McConnell

·Paul Jones °Robert E. Wiley

Little Rock, Ark. Little Rock, Ark. Little Rock, Ark. Little Rock, Ark. Little Rock, Ark. Fort Smith, Ark. Memphis, Tenn. Newport, Ark. Little Rock, Ark. Texarkana, Ark. Little Rock, Ark. Forrest City, Ark. Prescott, Ark. Little Rock, Ark. Texarkana, Ark. Little Rock, Ark. Little Rock, Ark. Fort Smith, Ark. Little Rock, Ark. Prescott, Ark. Little Rock. Ark. Hot Springs, Ark. Pine Bluff, Ark. Little Rock, Ark. Fayetteville, Ark. Marianna, Ark. Forrest City, Ark. Little Rock, Ark. Camden, Ark. Pine Bluff, Ark. Little Rock, Ark. Fordyce, Ark. Lonoke, Ark. Fort Smith, Ark. Little Rock. Ark. Texarkana, Ark. Little Rock, Ark.

189919001900-01 1901-02 1902-03 1903-04 1904-05 1905-06 1906-07 1907-08 1908-09 1909-10 1910-11 1911-12 1912-13 1913-14 1914-15 1915-16 1916-17 1917-18 1918-19 1919-20 1920-21 1921-22 1922-23 1923-24 1924-25 1925-26 1926-27 1927-28 1928-29 1929-30 1930-31 1931-32 1932-33 1933-34 1934-35

·Calvin T. Cotham *J. F. Gautney °Walter G. Riddick ° Abe Collins -Harvey T. Harrison N. J. Gantt, Jr. ·Henry Moore, Jr. -E. H. Wootton Joe C. Barrett °E. A. Henry Lamar Williamson -Max B. Reid oW. W. Sharp Archie House ·Cecil R. Warner ·John H. Lookadoo Terrell Marshall °A. F. Triplell J. L. Shaver oJ. M. Smallwood ·Shields Goodwin Eugene A. Matthews Edward L. Wright John A. Fogleman Willis B. Smith Will S. Mitchell Heartsill Ragon Oscar Fendler Louis L. Ramsay, Jr. Bruce T. Bullion Courtney C. Crouch Maurice Cathey William S. Arnold J. Gaston Williamson Robert L. Jones, Jr. J. C. Deacon Paul B. Young

Hot Springs, Ark. Jonesboro, Ark. Little Rock, Ark. DeQueen, Ark. Little Rock, Ark. Pine Bluff, Ark. Texarkana, Ark. Hot Springs, Ark. Jonesboro, Ark. Little Rock, Ark. Monticello, Ark. Blytheville, Ark. Brinkley, Ark. Little Rock, Ark. Fort Smith, Ark. Arkadelphia, Ark. Little Rock, Ark. Pine Bluff, Ark. Wynne, Ark. Russellville, Ark. Little Rock, Ark. Hot Springs, Ark. Little Rock, Ark. West Memphis, AI<. Texarkana, Ark. Little Rock, Ark. Fort Smith, Ark. Blytheville, Ark. Pine Bluff, Ark. Little Rock, Ark. Springdale, Ark. Paragould, Ark. Crossett, Ark. Little Rock, Ark. Fort Smith, Ark. Jonesboro, Ark. Pine Bluff. Ark. ·Deceased

1935-36 1936-37 1937-38 1938-39 1939-40 1940-41 1941-42 1942-43 1943-44 1944-45 1945-46 1946-47 1947-48 1948-49 1949-50 1950-51 1951-52 1952-53 1953-54 1954-55 1955-56 1956-57 1957-58 1958-59 1959-60 1960-61 1961-62 1962-63 1963-64 1964-65 1965-66 1966-67 1967-68 1968-69 1969-70 1970-71 1971-72

PAST PRESIDENTS COMMITTEE CHAIRMAN: J. C. DEACON N. J. Ganll, Jr. Pine Bluff Joe C. Barrett Jonesboro Lamar Williamson Monticello A. F. House Little Rock Terrell Marshall Little Rock J. L. Shaver Wynne Eugene A. Mallhews Hot Springs Edwerd L. Wright Little Rock John A. Fogleman West Memphis Willis B. Smith Texarkana W. S. Mitchell Little Rock PAGE 166

1940-41 1943-44 1945-46 1948-49 1951-52 1953-54 1956-57 1957-58 1958-59 1959-60 1960-61

Heartsill Ragon Oscar Fendler Louis L. Ramsay, Jr. Bruce T. Bullion Courtney C. Crouch Maurice Cathey William S. Arnold J. Gaston Williamson Robert L. Jones, Jr. J. C. Deacon Paul B. Young

Fort Smith Blytheville Pine Bluff Little Rock Springdale Paragould Crossett Little Rock Fort Smith Jonesboro Pine Bluff

1961-62 1962-63 1963-64 1964-65 1965-66 1966-67 1967-68 1968-69 1969-70 1970-71 1971-72

THE ARKANSAS LAWYER


Sections Criminal law Section Chairman

Harold Hall Three Hundred Spring Building Little Rock, Arkansas 72201

Taxation, Trust &Estate Planning Section Chairman

Vice-Chairman

Lloyd Haynes 1111 Tower Building Little Rock, Arkansas 72201

3dCretary

Mike Castleman 1111 Tower Building Little Rock, Arkansas 72201

Vice-Chairman

Secretary

Mahlon G. Gibson 1949 Yates Fayetteville, Ark. 72701

Past Chairman

Family law Section

Robert Holmes P.O. Box 7808 Pine Bluff, Arkansas 71601

H.T. Larzelere, Jr. 1100 Boyle BUilding Little Rock, Arkansas 72201 John L. Johnson 2050 Worthen Bank Building Little Rock, Arkansas 72201

Minerai law Section

Chairman

N. Cloyteen Roberts P.O. Box 182 England, Arkansas 72046

Chairman

Vice-Chairman

William H. Schulze 201 11'2 West Main Street Russellville, Ark. 72801

Young lawyers Section

Secretary

Regina W. Johns 226 Woodbine Hot Springs, Arkansas 71901

Savings And loan Section Vice-Chairman

Secretary

E. Mack Anderson 131 South Jackson Magnolia, Ark. 71753

Edward L. Wright, Jr. 2200 Worthen Bank Little Rock, Ark. 72201 Charles Yingling, Jr. 407 West Arch Searcy, Arkansas 72143

Richard F. Hatfield P.O. Box 36 Searcy, Arkansas 72143

Chairman

Vice-Chairman

Chairman

J.W. Watkins Murphy Building EI Dorado, Arkansas 71730

William R. Wilson 370 Tower Building Little Rock, Arkansas 72201 DIRECTORS 1973

Eric Bishop James Mclarty William R. Wilson Keith Arman

Ashdown Newport Little Rock Hot Springs 1974

Robert Cearley Mike Wilson Albert Hannah George Proctor Sam Bird

Little Rock Jacksonville EI Dorado Augusta Monticello

law Student Section Co-Chairman

JlJ '-'(, ',872

Jim Spears, Vice-President Student Bar Association University of Arkansas School of Law Fayetteville Campus 72701

Co-Chairman

Robert Hopkins, Vice~President Student Bar Association University of Arkansas School of Law Little Rock Campus 72201

PAGE 167


Standing Committees JURISPRUDENCE AND LAW REFORM H. Murray Claycomb Warren Chairman Harrison William Walker Fort Smith E.C. Gilbreath Fayetteville Judge Tom F. Butt Blytheville Don Forrest Batesville David Blair Jonesboro G.D. Walker Lake Village Bill R. Holloway Pine Bluff Harley Cox Little Rock Osro Cobb Little Rock Dane Clay Little Rock Austin McCaskill LEGISLATION COMMITTEE Magnolia William Eckert Chairman Springdale Rudy Moore Mountain Home Thomas Tinnon Fort Smith Bradley Jesson Searcy Edward Lightle Blytheville Graham Partlow Jonesboro Bill Penix Crossett Richard E. Griffin Thomas Sparks Fordyce Little Rock Max Howell Little Rock John T. Williams Mike E. Wilson Jacksonville PROFESSIONAL ETHICS AND GRIEVANCES COMMITTEE Comer Boyett Searcy Chairman Fort Smith David T. Hubbard James W. Gallman Fayetteville Fayetteville Joseph W. Segers Robert Branch Paragould Paragould Ray A. Goodwin Magnolia William Eckert EI Dorado Dennis Shackleford Arkadelphia Otis H. Turner Little Rock Steele Hays No. Little Rock Dean R. Morley Little Rock Hubert Mayes, Jr.

1975 1973 1974 1975 1973 1974 1975 1973 1974 1973 1974 1975

1975 1973 1974 1975 1973 1974 1975 1973 1974 1973 1974 1975

1974 1973 1974 1975 1973 1975 1973 1974 1975 1973 1974 1975

UNAUTHORIZED PRACTICE OF LAW COMMITTEE West Helena Eugene L. Schieffler 1975 Chairman Hot Springs 1973 Eugene Matthews, Jr. 1974 Clarksville Marvin Holman Fort Smith 1975 Douglas O. Smith, Jr. Des Arc 1973 James J. Bayne Paragould Gerald Brown 1974 Hope Larry Patterson 1973 Dermott 1974 Robert Gibson Texarkana Hayes McClerkin 1975 Little Rock William F. Sherman 1973 Little Rock H. Watt Gregory, III 1974 No. Little Rock 1975 A.E. Townsend LEGAL AID COMMITTEE David Hodges Newport Chairman Rogers Davis Duty Fort Smith G. Alan Wooten Fayetteville Waller Niblock Blytheville Oscar Fendler Jonesboro David Landis Texarkana Carman Lavender Warren Robert C. Vittitow Dermott Robert B. Gibson Benton vi lie Sid McCollum Little Rock Milas Hale Little Rock Jerry Light

1975 1973 1974 1975 1973 1974 1973 1974 1975 1973 1974 1975

LEGAL EDUCATION COMMITTEE Martin Gilbert Pine Bluff Chairman Fayetteville Warren E. Banks Russellville Ike Allen Laws Fort Smith Owen C. Pearce Forrest City Richard McCulloch Jonesboro Randall Ishmael Newport Wayne Boyce Monticello William K. Ball EI Dorado Richard H. Mays Little Rock James M. Moody Little Rock Glenn W. Jones, Jr. Little Rock Richard A. Williams

1975 1973 1974 1975 1973 1974 1975 1973 1974 1973 1974 1975

Special Committees ANNUAL MEETING Dale Price Co-Chairman William A. Wilson, Jr. Co-Chairman Robert L. Jones, III Don Schnipper Jerry Jackson Richard F. Hatfield Richard Hobbs

PAGE 168

Little Rock Little Rock Fort Smith Hot Springs Little Rock Searcy Hot Springs

James Gooch David Keith Rutledge Hoyt D. Thomas Jack Young William Dabbs M.C. Lewis, Jr. Herb Branscum Gerland Patten Donald King James R. Howard

Arkadelphia Batesville Little Rock Little Rock Little Rock Hot Springs Little Rock Little Rock Little Rock Little Rock THE ARKANSAS LAWYER


AUDITING COMMITTEE John L. Johnson Chairman Paul Hoover Byron Eiseman Frank H. Cox Donald Nance

Little Little Little Little Little

AUTOMOBILE INSURANCE COMMITTEE Bruce T. Bu Ilion Chairman Joe D. Woodward Dale Price G.D. Walker Edward I. Staten William A. Eldredge, Jr. H. Watt Gregory III John Purtle Dennis Shackleford Charles Brown John C. Ward Qon Pullen Julian Streett J.L. Shaver AWARD OF MERIT COMMITTEE Ben Rowland Chairman Phillip Carroll Byron Smith. Jr. Joe W. Gelzine David B. Bogard Paul D. Capps Beresford L. Church. Jr. Terry Mathews Frances Holtzendorff W.E. Henslee Sid Dabbs Judith Rogers BAIL REFORM COMMITTEE Judge Lawson Cloninger Chairman Hugh Kincaid William H. Enfield Phillip Ragsdale Robert Faulkner Phillip Kaplan George Proctor Gordon F. Engeler, Jr. Bob I. Mayes Mike Wilson Bart Mullis JUdge Charles Goldberger James C. Cole John Lovell Bruce Switzer CIVIL PROCEDURES COMMITTEE Robert D. Ross Chairman James D. Storey Thomas A. Glaze Nathan Gordon Jerry L. Canfield Judge John L. Anderson Paul Rawlings Gerald Brown W. Dent Gitchel Amis Guthridge

JULY, 1972

Rock Rock Rock Rock Rock

Little Rock Magnolia Little Rock Jonesboro

Pine Bluff Little Rock Little Rock Batesville EI Dorado Little Rock Little Rock Hot Springs Camden Wynne

Little Little North Little Little Little Little Little Little Little Little Little North Little

Rock Rock Rock Rock Rock Rock Rock Rock Rock Rock Rock Rock

Fort Smith Fayetteville Bentonville Little Rock Little Rock Little Rock Augusta Mountain Home Fayettevi lie Jacksonville Pine Bluff Pine Bluff Malvern Benton

Crossett

Little Rock Little Rock Little Rock Morrilton

Fort Smith Helena Little Rock Paragould Little Rock Little Rock

Roy Finch, Jr. Vincent Foster, Jr. William I. Prewett Wallace Moody David Blair William R. Holland

Little Rock Little Rock EI Dorado EI Dorado Batesville Pine Bluff

CLAIMS REVIEW COMMITTEE Cooper Jacoway Chairman Joseph L. Buffalo. Jr. W.A. Eldredge. Jr. Dale Price Billy S. Clark Richard Muse William Moorhead Robert Lindsey H.E. McDermott, Jr. Odell Pollard Ben Rice

Little Rock Little Rock Little Rock Little Rock Little Rock Hot Springs Stuttgart Little Rock Liltle Rock Searcy Jacksonville

CLIENTS SECURITY FUND COMMITTEE W.J. Williams, Jr. Chairman HW. McMillan Dan M. Burge James H. Rice Clay Patty. Jr. Eldon Coffman William Clay Brazil William T. Kelly J. Gaston Williamson Walter W. Davidson William H. Drew

Little Rock Arkadelphia BlytheVille Little Rock Little Rock Fort Smith Conway Little Rock Little Rock Li11le Rock Lake Village

COMPUTERIZED LEGAL RESEARCH Ronald May Chairman W. Dane Clay C.R. Warner, Jr. Mitchell Moore Garvin Fitton Thomas B. Keys Justice George Rose Smith Richard Williams

Little Rock Little Rock Fort Smith Osceola Harrison Little Rock Little Rock Little Rock

CONSTITUTION AND BY路LAWS COMMITTEE Winslow Drummond Chairman Little Rock Judge Thomas F. Butt FayetteVille Julian B. Fogleman West Memphis James B. Sharp Brinkley Ernest G. Lawrence, Jr. Bentonville Fines F. Batchelor, Jr. Van Buren Fred E. Pickett Ashdown Joe D. Woodward Magnolia Herman L. Hamilton Hamburg John W. Mann Forrest City Ray A. Goodwin Paragould John Norman Harkey Batesville Edward Gordon Morrilton Don Schnipper Hot Springs Randall W. Ishmael Jonesboro Philip E. Dixon Little Rock Richard H. Mays EI Dorado William S. Walker Harrison William H. Schulze Russellville Otis H. Turner Arkadelphia Thomas E. Sparks Fordyce Robert N. Hardin Benton

PAGE 169


David Solomon Dan M. Burge Wayne Boyce Terry M. Poynter Richard S. Arnold Stephen A. Matthews Doug las O. Smith, Jr.

Helena Blytheville Newport Mountain Home Texarkana Pine Bluff Fort Smith

CONSTITUTIONAL REFORM COMMITTEE John P. Gill Little Rock Chairman Monticello James A. Ross, Jr. Little Rock Philip E. Dixon Fort Smith G. Byron Dobbs Eureka Springs Lewis P. Epley, Jr. Jonesboro Charles Frierson, III Little Rock George Campbell Helena Charles Roscopf Texarkana Richard S. Arnold EI Dorado Richard H. Mays Siloam Springs Field K. Wasson Fayetteville Judge Thomas Butt Hope Floyd C. Crow Little Rock W.C. Barrier Fayetteville Dr. Robert A. Letlar Helena David Solomon Little Rock C.R. Huie Rison John Elrod Little Rock Marion Burton Wynrre J.L. Shaver, Jr. Rogers Eugene Kelley Hot Springs Dan McGraw Little Rock W.T. Kelly Little Rock R.C. Butler, Jr. Little Rock Herbert C. Rule, III Fayetteville Mrs. Ann Henry CREDITORS' RIGHTS COMMITTEE Robert Branch Chairman Charles Roscopf Don Allen Smith Bill E. Ross William D. Rothwell Jerry W. Watkins E.J. Butler Isa~c A. Scott, Jr. Joe B. Reed Griffin Smith James Darr, Jr. John B. Mayes Sam Brooks, Jr. Thomas Pearson Roy E. Danuser James R. Van Dover N.M. Norton Wilbur Botts W.O. Hall Robert Chowning

Paragould Helena Fort Smith Blytheville Crossett EI Dorado Forrest City Little Rock Springdale Little Rock Little Rock Blytheville EI Dorado Fayetteville Mountain Home Marianna Forrest City DeWitt Huntsville Little Rock

DEFENSE OF CRIMINAL INDIGENTS COMMITTEE Cecil B. Nance, Jr. West Memphis Chairman Little Rock John P. Sizemore Fort Smith Wayne Harris Texarkana Nicholas H. Patton Camden Julian D. Streett Springdale R.H. Mills Little Rock W.H. Dillahunty West Memphis Vincent E. Skillman Newport David A. Hodges PAGE 170

Ed Owens Alfred J. Holland Leroy Blankenship George "Nick" Wilson Jerry Cavaneau David Hale Jon R. Sanford James L. Morgan Lee Ward William H. Howell J.W. Green, Jr. Henry Osterloh Bon McCourtney W.B. Howard A.E. Raff, Jr. Ed Dunaway Lloyd R. Haynes James L. Sloan John H. Haley DESK BOOK COMMITTEE Robert L. Robinson, Jr. Chairman Clay Patty, Jr. Judge Richard Mobley James A. Ross, Jr. George E. Pike, Jr. John F. Forster, Jr. Paul W. Hoover, Jr. Richard C. Butler, Jr. Ted Drake Gordon Rather, Jr. Bert N. Darrow

Pine Bluff Paragould Walnut Ridge Pocahontas Searcy Little Rock Russellville Searcy Piggott Texarkana Stuttgart Little Rock Jonesboro Jonesboro Helena Little Rock Little Rock Little Rock Little Rock

Little Rock Little Rock Russellville Monticello Little Rock Little Rock Little Rock Little Rock Pine Bluff Little Rock Little Rock

DISCIPLINARY PROCEDURES COMMITTEE Edward B. Dillon Little Rock Chairman Helena David Solomon Hamburg Herman L. Hamilton EI Dorado Wallace Moody Little Rock Abner McGehee Little Rock W.H. Dillahunty EI Dorado Denver Thornton Benton Fred Briner Hot Springs Clayton Farrar No. Little Rock C. Byron Smith Augusta J.F. Daugherty Pocahontas John Burris Huntsville Van Albertson Mena J.H. Hardegree Little Rock Tom Bramhall ECONOMICS OF LAW PRACTICE COMMITTEE Mitchell Moore Osceola Chairman Forrest City Henry Wilkinson Fayetteville W.R. Niblock Little Rock Philip K. Lyon Hot Springs Paul Hogue Little Rock W. Dane Clay Fort Smith Richard Martin Des Arc Sam Weems West Helena John Pittman Fort Smith Robert L. Jones, III Little Rock John M. Fincher Little Rock Tom F. Lovett Osceola Ralph Wilson Searcy Richard F. Hatfield Paragould John C. Gregg Pine Bluff Jeff Starling THE ARKANSAS LAWYER


Camden Monticello Texarkana Ashdown

Harry Barnes William K. Ball John Stroud Fred Pickett ENVIRONMENTAL LAW COMMITTEE Gerald L. DeLung Chairman Paul Sullins Elbert Cook Stephen M. Reasoner W. Dent Gitchel James M. McHaney John S. Selig Rudy Moore, Jr. John F. Forster, Jr. Thomas B. Keys Howard L. Martin Carman Lavender R.L. Choate John Tatum Wendell Hall H. Clay Robinson Robert L. Jones, III Thomas A. Daily Louis C. Kirby Allyn C. Tatum James E. Baine

Fort Smith Crossett Hot Springs Jonesboro Little Rock Little Rock Little Rock Springdale Little Rock Little Rock No. Little Rock Texarkana Magnolia Danville Benton Fort Smith Fort Smith Fort Smith Gentry Batesville EI Dorado

FEDERAL LEGISLATION AND PROCEDURES COMMITTEE E. Charles Eichenbaum Chairman Little Rock Leon B. Catlett Little Rock J.S. Daily Fort Smith John Mac Smith West Memphis Hartman Hotz Fayetteville Jack D. Files Little Rock William L. Hopper El Dorado Little Rock Jerry Jackson Oscar E. Davis, Jr. Little Rock Richard E. Griffin Crossett F.C. Crow Hope J. Gayle Windsor Little Rock E.H. Arnold Little Rock George Plastiras Little Rock Lloyd McCain Little Rock HONORARY MEMBERS Senator John L. McClellan Washington, D.C. Senator J. William FUlbright Washington, D.C. Congressman William V. Alexander Washington, D.C. Congressman Wilbur D. Mills Washington, D.C. Congressman David H. Pryor Washington, D.C. GROUP INSURANCE PLANS COMMITTEE Eldon Coffman Chairman Eugene Bailey Eugene Mazzanti Harlan A. Weber John C. Ward William L. Patton, Jr. Don Prevallet Charles R. White Ben McMinn Branch Fielrl~ INTERNATIONAL LAW COMMITTEE Joe C. Barrett Chairman

JULY,1972

Fort Smith Little Rock Little Rock Little Rock Little Rock Little Rock Blytheville Hot Springs Little Rock Little Rock

Jonesboro

Sidney S. McMath E. Charles Eichenbaum Adrian Williamson Ronald A. May Douglas L. Wilson Arthur R. Macom John C. Echols Ralph M. Sloan, Jr. William D. Haught

Little Rock Little Rock Monticello Little Rock Rogers Stuttgart Little Rock Little Rock Little Rock

INTERNSHIP COMMITTEE David Henry Chairman Hugh Kincaid Chairman Sid Davis Boyce Love Robert D. Cabe Albert R. Hanna Lynn F. Wade E.C. Gilbreath Ben L. Paddock Don F. Hamilton H. Watt Gregory, III James W. Moore John A. Davis, III William C. Bridgforth Ned A. Stewart, Jr. Ray A. Goodwin William l. Prewett Wallace Moody

Fayetteville Fayetteville Little Rock Little Rock EI Dorado Fayettevi lie Fort Smith Fort Smith Little Rock Littie Rock Little Rock Pine Bluff Pine Bluff Texarkana Paragould EI Dorado EI Dorado

JUDICIAL COUNCIL LIAISON COMMITTEE James H. Pilkinton Chairman Phillip Carroll Jimason Daggett Gerald Pearson

Hope Little Rock Marianna Jonesboro

JUDICIAL NOMINATIONS COMMITTEE Albert Graves Chairman William S. Mitchell W.B. Putman R.A. Eilbott John D. Eldridge Paul B. Young

Hope Little Rock Fayettevi lie Pine Bluff Augusta Pine Bluff

Little Rock

Ex-Officio Members: Henry Woods, President, Arkansas Bar Association President, James E. West, Vice-President Elect, Arkansas Bar Association, James B. Sharp, Chairman, Executive Council LAW SCHOOL COMMITTEE Herschel H. Friday Chairman Fred M. Pickens, Jr. Lewis D. Jones Louis L. Ramsay, Jr. Robert Shulls James B. Sharp J.C. Deacon LAW STUDENT LIAISON COMMITTEE A.D. McAllister, Jr. Co-Chairman Rick Beard Co-Chairman Don M. Schnipper Richard Slagle

Little Rock Newport Fayettevi lie Pine Bluff Little Rock Brinkley Jonesboro

Fayettevi lie Pine Bluff Hot Springs Hot Springs PAGE 171


George E. Klock David B. Horne John W. Walker John Steven Clark H.A. Simpson, Jr. M.J. Probst J.A. Crain Don Ki lIebrew

Allen Roberts Dan Bartell Rice Van Ausdall Gerald Asher Keith Arman William Storey

Fort Smith Fayetteville Little Rock Brinkley Pocahontas Pine Bluff Mountain Home Siloam Springs Camden

Jacksonville Harrisburg Helena Hot Springs Fayetteville

LAWYER REFERRAL SERVICE COMMITTEE Robert L. Jones, Jr. Fort Smith Chairman North Little Rock Bob Dawson Little Rock Etizabeth Brooks Hot Springs Louis J. Longinotti, III Little Rock Carl Bonner Fayetteville James O. Burnett Murfreesboro Jimmy Featherston Hot Springs William W. Green DeQueen James 8. Hainen Mammoth Springs William R. Hass Berryville Paul Jackson Fayetteville Paul Jameson Fort Smith Larry McCord DeQueen Henry C. Morris Heber Springs Earl Oimstead Little Rock Eugene J. Mazzanti Dardanelle Kenneth Parsley Benton Curtis E. Rickard lillie Rock John Purtle Little Rock Joe Madey Little Rock Lou is Rosteck Little Rock Jerry Faubus lillie Rock James H. Larrison MALPRACTICE PANEL COMMITTEE William A. Eldredge Chairman Alston Jennings Stephen A. Matthews Anthony Bartels Branch T. Fields John Tatum Or. Morriss Henry Nathan Gordon Earl Lane David Laser Scott Manatt Knox Kinney William Stocks Robert Neighbors Richard Wootten Nabors Shaw Jeff Davis, Jr. MARITtME LAW COMMITTEE Edward E. Bedwell Chairman Leslie Evitts Kenneth Bairn Gordon S. Rather, Jr. C. Wayne Dowd E.W. Brockman, Jr. J.W. Steinsick

PAGE 172

Little Rock Little Rock Pine Bluff Fort Smith Little Rock Danville Fayetteville Morrilton Hot Springs Jonesboro Corning Forrest City Fort Smith lillie Rock Hot Springs Mena Little Rock

Fort Smith Fort Smith Pine Bluff Little Rock Texarkana Pine Bluff Blytheville

Batesville Benton lillie Rock Fort Smith Fort Smith Lake Village Little Rock Little Rock lillie Rock Lonoke Little Rock Conway Little Rock

Fred Livingston Lee Tucker Bert N. Darrow David Westmoreland E.C. Gilbreath Bill R. Holloway James W. Moore Eugene J. Mazzanti Donald S. Ryan Charles A. Walls, Jr. Mike Huckabay Guy H. Jones, Jr. Russell J. Wools MEMBERSHIP COMMITTEE Judge Steele Hays Chairman All Delegates serve as Committeemen. MEMORIALS COMMITTEE Judge Ed McFaddin Chairman Judge Guy Amsler Judge Franklin Wilder Judge Archer Wheatley judge Willis Smith judge W.C. Medley Judge Lawrence Dawson John A. Davis, Iii Horace McKenzie James R. Campbell Virgil Evans U.A. Gentry Carneal Warfield Ted Goldman W.G. Dinning, Jr. Judge B.B. Larey Carroll C. Cannon Drew Bowers Louis Tarlowski Bayard Taylor John E. Coates Riddick Riffel Byron Bogard NEW HEADQUARTERS COMMITTEE Edward Lester Chairman Don Smith Ben Core Boyce Love James B. Sharp William J. Wynne David Solomon Julian Fogleman Philip Anderson W.W. Bassett, Jr. William L. Terry Bill Rea Douglas Bradley Caldwell Bennell Worth Camp Carl McSpadden Wesley Bengel Darrell Dover W.P. Hamilton, Jr. William R. Overton Haroid Sharpe Carl Langston Joe Purcell W.J. Walker C.J. Giroir

Little Rock

Little Rock Little Rock Fort Smith Jonesboro Texarkana Hampton Pine Bluff Pine Biuff Prescott Hot Springs Hot Springs Little Rock Lake Village Texarkana Helena Texarkana Forrest City Little Rock Little Rock Little Rock Little Rock Little Rock North Little Rock

Little Rock Pine Bluff Fort Smith Little Rock Brinkley EI Dorado Helena West Memphis Little Rock Fayetteville Little Rock Little Rock Jonesboro Batesville EI Dorado Heber Springs Newport Little Rock lillie Rock lillie Rock Forrest City Little Rock Benton Litlle Rock lillie Rock

THE ARKANSAS LAWYER


PRE-LAW ADVISORS COMMITTEE Darrell Hickman Chairman Judge Paul Wolfe Thomas Ark Monroe III Neva Talley Oscar Davis, Jr. Paul J. Hogue Lera R. Kelly J. Marvin Holman Thomas Ledbetter Allyn C. Tatum Jay W. Dickey. Jr. Joe Boone Otis H. Turner James A. Ross, Jr. Robert Hayes Williams Leroy Autrey Doug Anderson William Haught Fred Ussery Steve Clark William Rea Richard Slagle Professor Robert Brockmann PREPAID LEGAL SERVICES Silas Brewer Chairman John Walker Richard M. Pence Jack Young Eugene Harris Jack Sims PROBATE LAW Leonard Scott Chairman Harry E. Meek Honorary Chairman Judge Warren Kimbrough Thomas J. Bonner Thomas A. Daily E.L. Cullum Richard Hipp George Proctor Judge Alex Sanderson Judge Royce Weisenberger Oliver Clegg J. Marvin Holman Judge Thomas Bull Weems Trussell Edward L. Wright, Jr. Ben C. McMinn Abner McGehee A. Leon Helms, Jr. Dan Harrelson John Patterson Clay Pally, Jr.

James Buttry

Searcy Fort Smith Magnolia

lillie Rock lillie Rock Hot Springs Arkadelphia Clarksville Harrison

Batesville Pine Bluff Jonesboro

Arkadelphia Monticello Russellville Texarkana

Helena Little Rock Little Rock Brinkley lillie Rock Hot Springs Fayelleville

lillie Little Little lillie Pine Lillie

Rock Rock Rock Rock Bluff Rock

Dent G itche I Sam Highsmith Ohmer C. Burnside, Jr. Thomas W. Cardin

George E. Klock Mike Barrier Omar Greene

F.H. Martin R.S. Weisenberger, Jr. John R. Buzbee Paul Benham, III Larry Wallace Bob Dawson

Jeff Starling Charles Plunkett REAL ESTATE LAW COMMITTEE Marvin D. Thaxton Chairman William Nash Eugene Harris

JUdge Richard Mobley E. Dematt Henderson JUdge Alex Sanderson

Guy Amsler, Jr. Charles L. Gocio J. Gayle Windsor Edward L. Wright, Jr. William L. Blair Robert W. Vater James H. McKenzie

Mrs. Elizabeth Young C.E. Ray Charles Matthews JUdge Ernie Wright Ed McCorkle Gayle K. Ford

Litlle Rock lillie Rock Fort Smith lillie Rock Fort Smith lillie Rock Fayelleville Augusta Texarkana

Hope Magnolia Clarksvi lie Fayellevi lie Fordyce lillie Rock lillie Rock lillie Rock lillie Rock Pine Bluff Clarksville lillie Rock

Chairman

Ted N. Drake John Selig OIL Choate William I. Prewitt Jay Dickey Clint Huey Hugh Hardin James A. Pate Walter Davidson

W. T. Kelly

JULY,1972

Little Rock EI Dorado lillie Rock Paragould Newport

Fort Smith

Texarkana

Little Rock Littie Rock North Little Rock North Little Rock Pine Bluff Camden

Newport Little Rock Pine Bluff Russellville Little Rock Texarkana

Little Rock Bentonville

Little Little Little Fort

Rock Rock Rock Smith

Prescott

Little Rock Marianna

Little Rock Harrison

Arkadeiphia Mount Ida

Pine Bluff Pine Bluff Little Rock Magnolia EI Dorado Pine Biuff Warren

Fort Little Little Little

Smith Rock Rock Rock

RESOLUTIONS COMMITTEE Judge Charles Light Chairman

Dean Robert Wright James W. Cherry Lowber Hendricks, Jr.

J. H. Lookadoo Clayton Little

Paragould Norman, Oklahoma

Little Rock Little Rock Arkadelphia Bentonville

Edward Rubens

Hope Hot Springs West Memphis

John R. Ciayton C. Wayne Dowd

Dumas Texarkana

Douglas Parker

Fort Smith Little Rock Little Rock Pine Bluff

Judge Henry Britt Fort Smith

Jonesboro

Fort Smith Little Rock Little Rock Fayettevi lie

RETIREMENT PLAN (KEOUGH) John L. Rush

John Wilson

PUBLIC INFORMATION Robert T. Dawson Chairman Cyril E. Hollingsworth. Jr. Co-Chairman J.V. Spencer, III Virginia Tackett Donis B. Hamilton James A. McLarty Bill Thompson

Little Rock Little Rock Batesville Lake Village

Ralph Wilson J. L. Kidd Pau I Pendleton Berl S. Smith Henry Spitzberg

Jonesboro

Little Rock PAGE 173


SPECIAL COMMITTEE ON CORRECTIONS John T. Lavey Chairman Richard L. Mays Marion S. Gill Don M. Schnipper William C. Bridgforth John Lineberger Odell C. Carter

STANDARDS FOR ADMINISTRATION OF CRIMINAL JUSTICE Robert Faulkner Chairman Edwin R. Bethune Judge Steele Hays JUdge Melvin Mayfield Judge Bobby Steel Judge William Enfield Robert J. Brown Kaneaster Hodges, Jr. Frank Wynne Robert F. Fussell

lillie Rock lillie Rock Dumas Hot Springs Pine Bluff Fayetteville Star Cify

Little Rock Searcy Lillie Rock EI Dorado Nashville Bentonville Lillie Rock Newport Fordyce lillie Rock

Little Rock lillie Rock lillie Rock Little Rock Texarkana Piggoll Mountain Home Jonesboro Fayellevi lie lillie Rock lillie Rock Hot Springs

Phillip Kaplan H. William Allen Justice John Fogleman Jack Holt, Jr. William H. Howell Comrade Knauts Tom Tinnon Wilson F. Webster William G. Myers John H. Haley James Guy Tucker Eugene Matthews, Jr.

UNIFORM LAWS COMMITTEE J.C. Deacon Chairman Phillip Carroll William S. Arnold Joe C. Barrett Robert A. Leflar Marcus Halbrook Courtney C. Crouch

Jonesboro lillie Rock Crossett Jonesboro Fayelleville lillie Rock Springdale

Arkansas Bar Foundation OFFICERS Chairman

Edward Lester 1330 Tower Building lillie Rock, Ark. 72201

Secretary路Treasurer

DIRECTORS Edward Lester W. S. Mitchell James A. Ross, Sr. Phillip Carroll Robert L. Jones, Jr. James B. Sharp Oliver Clegg John F. Stroud, Jr.

1973 1973 1973 1973 1973 1973 1973 1974

Little Rock lillie Rock Monticello lillie Rock Fort Smith Brinkley Magnolia Texarkana

AWARDS COMMITTEE EX-OFFICIO MEMBERS Chairman, Arkansas Bar Foundation - Edward Lester President, Arkansas Bar Association - Henry Woods Chairman, State Judicial Council - presently JUdge Terry Sheil; as of October Judge Harrell Simpson Chairman, Association's Executive Council - James B. Sharp Chairman, Young Lawyers Section - Richard Hatfield BUILDING COMMITTEE John P. Gill, Chairman John F. Stroud, Jr. Don Smith Comer Boyett Boyce Love James B. Sharp William J, Wynne David Solomon PAGE 174

Little Rock Texarkana Pine Bluff Searcy Little Rock Brinkley EI Dorado Helena

Vice-Chairman

Philip S. Anderson 2200 Worthen Bank Building Little Rock, Ark. 72201

John F. Stroud, Jr. State Line Plaza Texarkana, Ark. 75501 Philip S. Anderson Albert Graves Robert Branch Kaneaster Hodges, Jr. Courtney C. Crouch E. Harley Cox, Jr.

1974 1974 1974 1974 1974 1974

Little Rock Hope Paragould Newport Springdale Pine Bluft

EX-OFFICIO Henry Woods, President, Arkansas Bar Association West Memphis Little Rock Fayetteville Fort Smith

Julian Fogleman Philip S. Anderson Hugh R. Kincaid C. R. Warner, Jr, MEMORIALS COMMITTEE W. S. Mitchell, Chairman James Pilkinton Fred Pickett Ben McMinn Franklin H. Wilder J. V. Spencer, III

little Rock Hope Ashdown little Rock Fort Smith EI Dorado

ELECTION OF FELLOWS COMMITTEE James Ross, Sr" Chairman James E. West Bruce Bullion Oscar Fendler

Monticello Fort Smith little Rock Blytheville

THE ARKANSAS LAWYER


EI Dorado Stuttgart Little Rock Little Rock

Edward P. Jones William M. Moorhead J. Gaston Williamson

Eugene Mazzanti FINANCE COMMITTEE William H. Sutton, Chairman Byron Eiseman Jeptha Evans Frank Cox

Little Rock Little Rock Booneville Little Rock

John L. Johnson Donald Nance

Little Rock Little Rock

PLANS AND PROGRAMS COMMITTEE J. C. Deacon, Chairman Phillip Carroll H. Wm. Allen Robert H. Holmes Sidney P. Davis, Jr.

Jonesboro Little Rock Little Rock Pine Bluff Fayettevi lie

local Bar Associations ARKANSAS ASSOCIATION OF WOMEN LAWYERS President Virginia Gates Vice-President Thelma Vollman Recording Secretary Alma Lowrey Corresponding Secretary Dorothy Howard Treasurer Rebecca Norton ARKANSAS COUNTY BAR ASSOCIATION President J. W. Green, Jr. Secretary-Treasu rer Virgil Moncrief BAXTER-MARION COUNTY BAR ASSOCIATION President Frank Huckaba Vice-President Gordon F. Engeler, Jr. Secretary-Treasu rer James C. Johnson

Vice-President Secretary-Treasu rer

Larry Chandler Bill Jennings

CONWAY COUNTY BAR ASSOCIATION President Nathan G. Gordon Secretary-Treasurer Charles H. Eddy CRAIGHEAD COUNTY BAR ASSOCIATION President David N. Laser Vice-President Frank Lady Secretary-Treasurer Troy Henry CRITTENDEN COUNTY BAR ASSOCIATION President Chadd L. Durrett Vice-President Joe Rogers Secretary-Treasurer Donald Forrest

BENTON COUNTY BAR ASSOCIATION President Vice-President Secretary-Treasu rer

Don Killebrew Jim Hendren Don Kendall

CRAWFORD COUNTY BAR ASSOCIATION President Floyd G. Rogers Vice-President David O. Partain Secretary-Treasu rer Darrell Johnson

BLYTHEVILLE BAR ASSOCIATION President Vice-President Secretary-Treasu rer

Leon Burrow Don Prevallet Bill Ross

CROSS COUNTY BAR ASSOCIATION President Everett Proctor Vice-President James C. Luker, Jr. Secretary-Treasu rer J. L. Shaver, Jr.

BOONE-NEWTON BAR ASSOCIATION President Roger V. Logan, Jr. Vice-President Gene C. Campbell Secretary-Treasu rer Butord M. Gardner BRADLEY COUNTY BAR ASSOCIATION President Tom Haley Vice-President Robert C. Vittitow Secretary-Treasu rer Paul K. Roberts CHICOT COUNTY BAR ASSOCIATION President W. K. Grubbs, Sr. CLARK COUNTY BAR ASSOCIATION President John W. Simmons Vice-President Bobby W. Sanders Secretary-Treasurer Dwain Needham CLEBURNE COUNTY BAR ASSOCIATION President Earl N. Olmstead Vice-President Leon Reed Secretary-Treasu rer Carl B. McSpadden COLUMBIA COUNTY BAR ASSOCIATION President JULY, 1972

Ark Monroe

EIGHTH CHANCERY BAR ASSOCIATION President Leroy Blankenship Vice-President Grey Dellinge Secretary-Treasurer Ruthel Heasley FAULKNER COUNTY BAR ASSOCIATION President George Hartje Vice-President Bill Clark Secretary-Treasu rer Bill Brazil GARLAND COUNTY BAR ASSOCIATION President Robert D. Ridgeway Vice-President Scott Campbell Secretary-Treasurer Regina W. Johns GRANT COUNTY BAR ASSOCIATION President Vice-President Secretary-Treasu rer

John W. Cole Joe Swaty Harold King

GREE.NE-CLAY COUNTY BAR ASSOCIATION President Bill Adair Vice-President C. W. Knauts Secretary-Treasu rer John C. Gregg PAGE 175


HEMPSTEAD COUNTY BAR ASSOCIATION President Larry S. Patterson Secretary-Treasurer John Robert Graves HOT SPRING COUNTY BAR ASSOCIATION President James C. Cole Vice-President Joe W. McCoy Secretary-Treasurer W. C. Gilliam INDEPENDENCE COUNTY BAR ASSOCIATION President Allyn C. Tatum Vice-President Bill H. Walmsley Secretary-Treasurer Bernice McSpadden JACKSON COUNTY BAR ASSOCIATION Tim F. Watson President Claude M. Erwin Vice-President Max O. Bowie Secretary-Treasu rer JEFFERSON COUNTY BAR ASSOCIATION E. M. Owens President John G. Lile, III Vice-President John Rush Secretary-Treasu rer LAWRENCE-RANDOLPH COUNTY BAR ASSOCIATION Harry L. Ponder President Harrell A. Simpson, Jr. Vice-President Tom L. Hilburn Secretary-Treasu rer LEE COUNTY BAR ASSOCIATION President Vice-President Secretary-Treasu rer

W. H. Daggett Carrold E. Ray Dan Fellon, III

NORTH PULASKI COUNTY BAR ASSOCIATION Larry C. Wallace President Lesley W. Mattingly Vice-President Judith Rogers Secretary-Treasu rer NORTHEAST ARKANSAS BAR ASSOCIATION Mitchell Moore President E. L. Maddox Vice-President David Burnett Secretary-Treasu rer OSCEOLA BAR ASSOCIATION President Vice-President Secretary-Treasu rer

Ralph E. Wilson Mitchell Moore David Burnett

OUACHITA COUNTY BAR ASSOCIATION President Searcy W. Harrell, Jr. Vice-President Ralph Faulkner Secretary-Treasurer Robert S. Laney PHILLIPS COUNTY BAR ASSOCIATION President W. G. Dinning, Jr. Vice-President John M. Pittman Secretary-Treasu rer PIKE COUNTY BAR ASSOCIATION Lindell Hile President Jimmy L. Featherston Secretary-Treasurer POINSETT COUNTY BAR ASSOCIATION President

PAGE 176

Henry Wilson

Burk Dabney H. L. Melhvin

Vice-President Secretary-Treasu rer POLK COUNTY BAR ASSOCIATION President Vice-President Sec retary-Treasu rer

Joe H. Hardegree Robert L. Shaw James O. Emerson

POPE-YELL BAR ASSOCIATION President Vice-President Secretary-Treasu rer

R. M. Priddy William R. Bullock John Harris

PULASKI COUNTY BAR ASSOCIATION President Vice-President Secretary-Treasu rer

Robert Lindsey Philip E. Dixon John Bilheimer

ST. FRANCIS COUNTY BAR ASSOCIATION Fletcher Long, Jr. President Vice-President John Mann Secretary-Treasu rer Phil Hicky SALINE COUNTY BAR ASSOCIATION President Secretary-Treasu rer

Gladys Wied Ted Donham

SEBASTIAN COUNTY BAR ASSOCIATION President Don Callaway Vice-President Wayne Harris Secretary-Treasu rer Robert L. Jones, III SOUTHEAST ARKANSAS BAR ASSOCIATION President James M. Baker Secretary-Treasu rer Thomas S. Streetman SOUTHWEST ARKANSAS BAR ASSOCIATION President W. H. Arnold, III Vice-President Fred Embry Pickett Secretary-Treasurer Talbot Field, Jr. TEXARKANA BAR ASSOCIATION President Vice-President Secretary Treasurer

John O. Raffaelli LeRoy Autrey John Green Phillip Purifoy

THIRTEENTH JUDICIAL DISTRICT BAR ASSOCIATION President Charles Plunkett Vice-President Searcy Harrell Secretary-Treasu rer Allen Roberts TRI-COUNTY BAR ASSOCIATION President Vice-President Secretary-Treasu rer

Camack Sullivan W. G. Wiley E. A. Causbie

UNION COUNTY BAR ASSOCIATION President James V. Spencer, III Vice-President Michael F. Mahony Secretary-Treasu rer Wallace M. Moody WASHINGTON COUNTY BAR ASSOCIATION President Frank Waters Vice-President William W. Bassett Secretary-Treasu rer Ester White

THE ARKANSAS LAWYER


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The "Lawyer's Lawyer" from Springdale COURTNEY C. CROUCH

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SAVINGS AND LOAN ASSOCIATION 607 West Emma Ave. (501) 751-5701 SPRINGDALE, ARKANSAS 72764


How much do you really know about

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Arkansas.

and traders of the late 18th century to the influx of modern industry which began in the late 1950's. Commissioned by the First National Bank of Fort Smith (Arkansas' oldest national bank) on the occasion of their centennial year, Fort Smith Past and

Present is an absorbing book. And its Thousands of history buffs can recite the story of the capital city, the Delta region, even the Northwest corner with its 100-year-old University of Arkansas. But unless you know the fascinating background of Fort Smith and the Arkansas-Indian Territory border area,

cost is modest: just $7.95 (plus 3% sales tax) for a copy of the limited first edition. (Add 60Q for postage and handling on mail orders.) Clip the coupon below, and order your copy today. You may never get another chance.

you only know half the state's history. Until this year, it wasn't easy to find a single source, panoramic survey of "Hell on the Border" country. Now there is. Fort Smith, Past and Present;

a Historical Summary is a compact, easy-reading account of the area's total history. From the days of prairie Indian buffalo hunts to the opening of the Port of Fort Smith. From the French trappers

MR. JAMES SPARKS, VICE PRESIDENT FIRST NATIONAL BANK of FORT SMITH SIXTH and GARRISON, FORT SMITH, ARK. 72901 Please send me enclosing

copies of your book, Fort Smith, Past and Present. I am _

NAME

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ADDRESS

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STATE

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JULY 1972