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As reflected in the cover story of this issue of The Arkansas Lawyer, the saga of the Bench and Bar in Jonesboro and Craighead County has been most dramatic. Likewise, local banking has played a vital role in the history and development of our community. The two professions have complemented each other in so many interrelated areas. The Mercantile Bank stands ready to be of continued service . .. and is particularly pleased to join in this salute to our local history and legal heritage. A FUll

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SEPTEM BER,1972 VOl. 6, NO.5

THE OFFICIAL PUBLICATION OF THE ARKANSAS BAR ASSOCIATION

OF FI CERS Henry Woods, President James E. West, Vice·President James M. Moody, Secretary-Treasurer

EX ECUTIV E DI RECTOR

C. E. Ransick

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Arkansas Lawyer SPECIAL FEA lURES Past Presidents - Northeast Bar District ............. . " The Ethics of Criminal Justice " .. Judge Jack G . Day Fall Legal Institute ......... . . . . . ......... . .......... " Are Attorneys Fair to Themselves? " ............ . Judge Franklin Wilder 74th Annual Meeting Proceedings ............... . .... Inaugural Meeting of the House of Delegates ... . •...

192 204 206 210 219 232

EXECUTIV E COU NC I L Thomas F. Butt John A. Davis, III Julian B. Fogleman John P. Gill Herman Hamilton W. D. Murphy Dale Price Robert D. Ross Douglas O. Smith, Jr. David Solomon Otis H. Turner Robert Hays Williams

REGULAR FEA lURES

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Cover Story ...........•..•....•....... . . . . Roy Penix President's Report .. . .•.. ..•. ........... Henry Woods Juris Dictum .... . .... • ... . ..•............. C. R. Huie Law School News ................. Robert Brockmann Oyez-Oyez ........... . ........ • ... . ...... B . Ghormley In Memoriam .................. . ..................... Executive Council Note s ............ James M . Moody

184 179 181 189 178 215 207

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Ex·Oflicio Henry Woods James E. West James M. Moody Paul B. Young Richard F. Hatfield James B. Sharp

EDITORIAL COMMITTEE

Published bl-mon thly by the Arkansas Bar Association , 408 Donaghey Bldg " little Rock , Arkansas 7220 1. Second class postage paid al little Rock , Arkansas. SubsCription price to non-members o f the Arkansas Bar Association $6.00 per year and to members $2 .00 per year included In annual dues . Any opi nion expressed here in Is that 0 1 the author , and no t necessarily thaI of 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 caples to the Arkansas Bar Center, 408 Donaghey Bldg ., little Roc k , Arkan sas

72201.

Robert D. Ross Philip E. Dixon C. E. Ransick SEPTEMBER , 1972

All inquiries regarding advertising shou ld

be sent to Advertising Departmenl. Arkan sas lawyer. Post Oltlce Box 411 7, North lit· tie Roc k , Arkansas 72116.

PAGE 177

I

By B. Ghormley

Alston Jenn ings

W. M . Nash

J im Hale, West Memph is, was indu ct ed into the Ameri can College of Tria l L awyers during the August mee ti ng in San Fran cisco. W .M . Moor head , Stuttgart , h as been sworn in by Municipal Judge C ecil Ma tthews as a special Ar kansas State Su preme Court Justice. William Nash, Liltle Rock, has been a pp oinle d deputy o f the Supreme Council of the 33d Degree of the An cienl and Acce pted Scottish Ri te of Freem asonry f or the Southern Jurisdiction o f the United States. Aision Jennings, Little Rock, was elected President of the In ternational Association o f Insurance Counsel at its convention in Wes t Virginia. Claude M . Erwin , Newport, and Lewis E. Epley, Jr., Eureka Springs, have been named 10 the 37th edition o f Marqu is' " Who 's Who in America ". Three Washington County lawyers have been selected b y Frank Waters, President of the Washington County Bar Association, to serve with him and County Judge Vol Lester o n the Pub lic Defend er Commission to select a director. The three named are: A .D. McAllister, Bill Bassett, and Paul Jameson. John Lineberger was selected as its new Director. Ronald A . May, Little Rock, was a panelist on the feature , " Bar Ass ociations and Computor Research", al the NABE meeting in San Francisco in August. Also in San Francisco during the ABA meeting the Sebastian County Bar Ass ociation will be recognized for outstanding service to the public and legal pro fession . Donald B . Kendall , Roge rs , will complete the unexpired

term as Mun icipal Judge vacated by Dav l. Duty. Edward P. Jone. has beco me a partner in an EI Dorado law firm now changed to Nolan, A lderson and Jones. Davidson , Plastiras & Horne, Ltd . have ann ounced an Ass oci a te, Harvey L . Bell. S i d McCollum , former U.S . Attorney , is now a member o f the Bento nvi lle law firm o f Little and Lawrence. A new law firm has been formed in Jonesboro, Wa rren Dupwe and Anthony Bartel8. Neys Talley'. article, " Wh o, What , Wh en and Wh y of Family Law " , appeared in the Wint er 1972 issue o f the Women Lawyers Journal. Richard Hatfield, formerly of West Memphis, is now associated with Pollard, Be thune and Cavaneau in Searcy. The law firm of Kelly and Lu ffman of Rogers have announced the addi tion o f John Jennings. Robert Serlo, is now practicing with John B . Moore in Clarendon . Jon Sanford , Ru ssellville, has opened a law office located in the 500 Building . Nicholas C. Bierwirth, a 1972 graduate , has become associated with Carroll C . Cannon in Forrest City. Th e law firm of Howell, Price, Howell and Barron, Little Rock, wi ll o pen a branch office in Jacksonvi lle in August. New loca l Bar Association Officers Whi te County Bar Ass ociation : PreSiden t, Jerry Cavaneauj Vice-PreSident, Jim Hannah; Secretary-Treasurer, Robert Blount. Clark County Bar Association : Pre sident, Travis Mathis; Secretary. Bob Sanders. (Note: Add these o fficers to 1972-73 Directory in July 1972 issue of The Arkansas L awyer) .

PAGE 178

\ Neva Talley

1972-73 Directory Arkansas Bar Association addendum 1. Add Mr. Middleton P. Ray , Jr. as member of Federal Legislation and Procedures Com mittee , and of Real Estate Law Committee. 2 . Change address of Mr. Anthony W . Barlels of the Medical Malpractice Committee to Jonesboro .

THE ARKANSAS LAWYER

PIESIIIIT~S

,BEPOIT By Henry Woods

Donati ons continue to our Client Security Fund . 350 lawyers have co ntributed more than $5,000 to this fund averaging m ore than the $10 .00 originally suggested from each member of the Ass oc iation . A follow-up letter has gone out to non-contributors. I strong ly urge your support of th is project. It has already received more fav orable editorial comment than any Bar project of the last several years. Upon completion o f the fund drive , the Supreme Court w ill be petitioned to estab lish the mec han ics of the fund . The membership drive is just beginning to move into high gear. Most of the non-members are located in Pulaski County. Membership Drive Chairman Steele Hays held a luncheon meeting on Monday, August 7th, for all members of the House of Delegates in Pulaski County . Detailed plans were made for contacting each non-member in Pulaski County . Some members of the H ouse of Delegates in other parts of the State are doing an excellent job in contacting non-me mbers in their districts. Others need to begin their drive . I am going to ca ll for a report from each district at the September meeting o f the House of Delegates. Let us hope we can be near our target of 1800 Association members by the Septe mber meeting . In order to implement the policy o f the House of Delegates in unanimously opposing Senate Bill 945 (Hart-Magnuson Federal No-Fault Bill). I have asked each local Bar Association to follow up with a resolu-

SEPTEMBER,1972

tion to be sent our Congressional Delegation . The re sponse has been excellent. A considerable number of loca l bar resolutions have g one to Washingt on. The effect of these Reso lu tio ns plus your many letters is shown by the fact that both of our Senators o n Augu st 8th v oted to refer the Hart-Magnuso n Bill back to the Judic iary Committee . Th is has the effect o f killing the bill in this session of Congress. If our Senators h ad voted in support of this bill , it would have passed the Senate (since the vote was 49-46) . The work o f our Associati on has thus been a key factor in the defeat of the Hart-Magnuson in this Congress. Ernie Fremont , President of the Missouri Bar Asso ciation, called an emergency meeting o f 15 midwestern Bar presidents in St. Louis on Thursday, June 29, to exchange ideas on mobilizing Bar opposition to Hart-Magnuson . Bruce Bullion , the very knowledg able Chairman of our Automobile Insurance Committee, went to this meeting with me and attended a follow-up meeting in Kansas City on July 21st, which I was unable to attend because of a prior commitment. I can assure you that all the State Bar Associations in the midwest are finally mobilizing against the HartMagnuson Bill, although some are entering the fight belatedly and have just begun to realize the revolu tionary implications of this legislation . I am proud that our Association has been following Hart-Magnuson for many months and warning of the dangers implicit in its enactment.

PAGE 179

Even if you say it like Houdini (" ABRA-Q-BAABA"), it won't work any magic. But, divided this way - ABRA-QBA-ABA - these letters may indeed open a new door for you . Because they mean that the American Bar Retirement Association Keogh Plan (ABRA), through the Qualified Bar Association (QBA) agreement executed by the Arkansas Bar Association (ABA), is open to all self-employed members of the Arkansas Bar. Tax-deductible contr ibutions to the ABRA Plan may be invested in eith er a Fixed Income Account, an Equ ity Account or both. Allocati ons t o the Fixed Accou nt earn interest at t he guarantee d rate of 81/4 % pe r year (approx im ate ly .0217 % compound ed da ily) throu gh December 31, 1973. Expenses are low. At retirem ent a va ri ety of payout opt ions is avail able. For more inform ation on th e Keogh Plan sponsored by the American Bar Assoc iation : Wri te ABRA Retirement Plan Box 2470, G.P.O., New York, New York 10001 or Use th e " Call Coll ec t " T '7lephone Consult ation Service. Th e ABRA Consultant in Memph is is Mr. Clyde Jennings, Jr. (901 -276- 1745); in Dallas , M r. Ja mes McHugh (214-748-5785).

They wil l know what yo u mean by "ABRAQBAABA." (See Prospectus for full details of the Pl an . including a description of charges.) PA GE 180

THE AR KANSAS LAWYER

JURIS 0 ICTUM by C. R . Huie Executive Secret ary. J ud icia l Department

Law Day USA on May 1, 1972 was a rainy , chilly, unpleasant one at Little Rock Air Terminal ; however, the small crowd gathered in the concourse heard one of the most heart-warming and inspirational addresses de livered in recent years . For the benefit of the many readers o f " The Arkansas Lawyer" who could not attend , the remarks of Justice John A . Fogleman at the dedication of the Freedom Shrine, sponsored by the Pu laski County Bar Association and the Exchange Club, are carried in this column today. The address follows : " Today's ceremony is a significant one. Of course , histo ry will not record that we are here today o r what we may say. Perhaps it will not even mention that Law Day, USA, was observed on May 1, 1972, either in Little Rock or in hundreds of other cities, towns and villages thr ou ghout these United States. Yet , it is none the less significant that we few gather here today to participate in this unique merger of two programs that are expressive of the ideal composing what I like to call the American Dream or what you may c hoose to call the American Tradition . One of these programs is Law Day itself - that day upon which we are called annually to remind ourselves of the significance o f law in ou r livesof the necessity o f law to liberty. and of the rule of law to the preservation of freedom . The other program is the Freedom Shrine Project of the Exchange Clubs o f America to place in appropriate locations exact copies of 28 of the most important American documents givin g expression to the idea o f freedom which is the theme of the American Dream dreamt 200 years ago. The laudable purpose 01 Ihis great national service club is to remind us of our duties and obligations as citizens while we think of the rights and privileges bestowed on us , in the hope that all o f us will betler understand the sacrifices and hardships necessary , first to win freedom , and then to preserve it , and to keep alive SEPTEMBER, 1972

the dream of a democratic government of liberty and justice under law - the rule of law and not o f men , if you please - which makes o ur repub lic, beyond the shadow of a doubt, the hope of freedom loving people all over the world , as I have recently been reminded by an Irish taxidriver in Dublin and a Swedish consul in Little Rock. "It is this hope that makes this occasion significant. It may weI! be Ihat Ihe hope of Ihe world Ihat such a dream can be realized rests upon many groups of a few people like you who are so dedicated as to need n o reminder, but who are awake to the many challenges to our institutions that could bring ruin to the structures erected by our predecessors for the preservation o f what we like to call American ideals. " At this time when we are faced with a constant struggle to avoid destruction of the ru Ie of law by an anarchy which makes every man his own lawgiver and his own enforcer o r its suppression by a police state in which men rule and to which freedom is a stranger, the survival o f our nation, cu r te rm e! gO'ler:1ment , a u!" fre edom may well depend ultimately upon the ability of a few dedicated persons to awaken all our peo ple to the challenge we face or to the sacrifices necessary to meet them and to inspire all of us to solve the problems with which we are beset, and which c hallenge the survival of o ur precious institutions. " No greater inspiration co uld be found than in the words of these documents. In the Dec laration o f Independence, we recal! the recognition of truths called self-evident the equality of all men , and their unalienable rights of life, liberty and the pursuit of Happiness - the right of the people to alter or abolish any fo rm of government destructive of these ends. We should recall that these wise patriots reco gnized the dictate s of prudence that governments long established should nol be changed for lighl and transient causes. " In Washingt o n 's first Inaugural Address he cautioned that :

' the propitious smiles of Heaven can never be expected on a nation that disregards the elernal rules of order and right, which Heaven itsel f has ordained ' and Ihat ' the preservation of the sacred fire of liberly and the destiny of the republican model of government were juslly considered as deeply, perhaps as finally staked, on the experiment entrusted to the hands of the American people.' " He challenged that first Congress to a reverence for the characteristics of free men which would influence its impregnable fortification and a regard for public harmony sufficient for its safe and advantageous promotion . " How apt are these and many other words of the documen ts to be en shrined here to us in the world o f today. I need not enumerate our problems anymore than I need to remind you of the content of each of these documents. Per haps I should emphasize that those who spoke these words were willing to , and did , make sacrifices to give them life and vitality . General Washington not only risked his life and his fortune throughout his career of public service , but also refused any perso nal emo luments. More than this, the pledges of the lives and fortunes o f most o f the brave signers of the Declarati on o f Independence were foreclosed . " Thus, it is and thus it ever shall be . I repeat that history will not record that we were here today or what we said o r did . It will record how a people born to the greatest freedom under law man has ever known resp o nded to a challeng e which is dividing them a c hallenge to the idea of the rule of law - to government o f the people, by Ihe people, lor Ihe people. H islory will record whether Freedom Shrines shall be mausoleums sheltering doc umen tary tombstones of a great dream or sites o f inspiration to the building of a traditi o n that will unite us in a movement to the realization o f a great ideal. " The challenge was never greater. Perhaps the price o f meeting it was never higher.". PAGE 181

WHERE DO WE GO FROM HERE?

In his President's Report to the Sixty-First Annual Meeting 01 the Arkansas Bar Association, President Fogleman addressed himsell to the Iinal side 01 the triangle 01 Bar his tory and affairs, i.e., the CHALLENGE OF THE FUTURE. His Im mediate predecessors as Association Presidents were Eugene Matthews, speaking on "Looking Backward - To See Forward ," and Edward L. Wright , talking on " Sixty Years - We've Come 01 Age. "

JOHN A. FOGLEMAN President 1958-59 Arkansas Bar Association

His President 's Report is particularly noteworthy at this time. A dozen years have passed . The report should be read, and re-read , now to see how the Bench and Bar have met the so-caiied CHALLENGE OF THE FUTURE, and to realize that the chalienges are just as real today as they were in 1959. See 13 Arkansas Law Review, Summer 1959, Number 3, pages 217-231 . A lew pertinent extracts are offered here .

****************, "Since we have , so recently. wisel y atte mpted to project the past into a view of the future , and last year so thoroughly examined our present position, I wiii endeavor to direct your attention to the chaiienge of the future , only in an effort to determ ine the wise and necessary course of action for us in the present .

***** " It (the legal profession) is chaiienged as it has never been chaiienged before. If the transition from the air age to the space age is as rapid as that from the automobile age to the air age, our profeSSion , as we know it, might well disappear. If its preservation is essential to a civilization and the way of life which stiii possesses the greatest potential of aii in history, then we of the legal profession must effectively meet the chaiienge, provide effective answers to questions posed today , and be prepared for those which will soon arise . *****" PAGE 182

THE ARKANSAS LAWYER

THE CHALLENGE OF THE FUTURE -I blllillvll 1 know !:omll of thll thing!: that lill eillarly at hand: 1. hrsr 01 ali, we must individually and collectively, Bar and Bench alike, renew our dedication to the Lliw, the Rule of Law and our Canons of Eth ics , thus more effectively performing our duties and obligations to our clients, the courts, the public , the pro fession and ourselves. 2. We can support the efforts of a few dedic ated men , who have produced the degree of success we have attained in the unauthorized prac tic e field . • •••

3. We must take the thre at to the ma intenance of a reasonable economic position in the community more seriously than we have . ••••

4. We must establish the Rule of Law . To do so , we must carefully examine criticisms of the judicial system to determine wh ich are j ust and wh ich are unjust. We must hasten to c orrect the vices we find .

5. We must give attention to the necessity of continuing legal education so that we can run fast enough to stand still . •••• 6. We must put into practice the observation of Theodore' Roosevelt that every man owes a portion of his time to the upbuilding of the profession to which he belongs. We must utilize every bit of talent and abi lity available . ••• • 7. Most important of all, we must maintain a vigorous organization.

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PAGE 1B3

History of Law In (Editor's note: This cover story is the seco nd artic le in the series of The Arkansas Lawyer being dedica ted to the lega l heritage of the Arkansas Bench and Bar, and is intended to reawaken interest in the early c irc uit riders and other legal lights.)

Districf " Arka路nsas "Bar A"SSOcfbtio'n

William R. Miller, Batesville Governor of Arkansas 1876-1880

John Marshall Hewitt, Marianna Arkansas Bar Association President -1886-

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John T. Jones, Helena Judge, First Circuit 1842-1852 (His account of his first court 8e. ~ alon " "humourous and entertaining". )

George Thornburgh, Walnut Ridge Speaker, Arkansas House 1880-1 882

PAGE 184 THE ARKANSAS LAWYER

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Northeast Arkansas.

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-Creation of Craighead County

- The Great Law Suit By Roy Penix Northeast Arkansas has had many noted lawyers. This will be confined to a few of the great lawyers of the past. Some of them I knew . Others I was told about. One of the early noted lawyers was Thomas 8 . Craighead o f Mississippi County. He, with William A. Jones. who represented 51. Francis and Poinsett Counties. were members of the Arkansas State Senate in 1859. Senator Craighead . a brilliant man with natural ability and scholarly attainments, was born near Nashville , Tennessee in 1800, and came to Arkansas ir. 1838. He was the owner of large tracts of land and was a bachelor of simplest tastes. He was never known to collect a fee for tegal services. although engaged in almost every case of importance in his county and neighboring areas. CREATION OF CRAIGHEAD COUNTY. Senator Jones made a pledge to voters o f Po insett County that he would use his influence in the leg islature In behalf o f the mo vement to create a new county . Senator Craighead was o ppo sed to the mo vement bec ause II w o uld take out o f Mississippi County a large tract of alluvi;-I lands. Senator Jo nes called up the bill fo r the creatl on o f the new c ounty at a time that Senator Craighead was absent from the Senate Chamber. The bill was passed and the new county given the name " Craighead " in 1859. When the town of Jonesboro was laid o ut as the county seat , it was given the name " J onesbo ro" in ho nor of Senator Jones. THE GREAT LAWSUIT · On June 16. 1856 Elizabeth Lane received a patent from the United States to the South half of the Southwest Quarter of Section 18. To wnship 14 North . Range 4 East . an 80 acre tract of land located i n what became the heart of the Jonesboro business and residential district. Elizabeth Lane co nveyed the 80 acre tract of land to Fergus Snoddy In the year 1858 fo r a yoke o f o xen . Snoddy had the deed recorded in the Co urthouse at J onesbo ro . In the year 1869 the C o urthouse burned and the deed record was destroyed . Captain W .W . Nisbe tt purchased a large part o f the 80 acre tract. He proc ured the deed o f Elizabeth Lane to Fergus Sn o ddy and to ok It to hiS ho me. Shortly thereafter. Captain Nisbe tt' s ho me burned and the deed was destro yed . At the September 1890 term o f Co urt Judge James Carson brought suit to restore the deed and quiet his title to a large part of the tract which he had purchased . Judge James Edward Riddick rendered a decree restoring the deed and quieting Carson 's title. A sh o rt time la ter L.C . Bailey and o ther heirs o f El izabeth Lane filed a mo tion to set aSide Cars on 's decree resto ring the deed and quieting the title on the gr o und that Judge Riddick had a lien o n so me o f the land and therefo re wa s "interested " in the transac tion . When th is was called to h iS attention . Judge Riddick pro mptly set aSide the d ecree Then . the heirs o f Elizabeth Lane promptly bro ugh t SU it

SEPTEMBER . 1972

claiming title to the 80 acre tract o f land and praying to set aside the deed to Fergus Snoddy. Their grounds were that Elizabeth Lane was married at the lime of the execution of the deed to Snoddy and that her husband did not sign and jo in with her in the execution of the deed as was then required by law . Judge Riddick had disqualified and Judge J .B . Jones of Little Rock was selected to try the case . Many Jonesboro citizens became involved in the suit because they owned parcels of the 80 acre tract. Many Jonesboro lawyers were employed to represent clients who had purchased parcels of the 80 acre tract . Among them were W .H . Cate. J.C . Hawthorne. T.P. McGovern . E.F. Brown, and N .F. Lamb. The hearing of the suit brought by landowners was transferred to Clay County. Many witnesses testified that Elizabeth Lane was not married at the time of execution o f the deed ; that she was being courted by Sam Smith but not married to him . The Court rendered a decree restoring the lost deed and quieting title in Fergus Snoddy, his heirs and grantees. EARLY BENCH AND BAR OF NORTHEAST ARKANSAS . Some of these were as fa Ilows: L.L. Mack became circuit judge October 31 , 1874. serving until 1882 . He was born with c o ngenital deformities of the feet and hands and suffered severe handicaps throughout his li fe . Because of his physical problems , he was first refused admission 10 the public schools in his nalive state Tennessee . Latcr when he was about 14 years o f age. and o n account of his superior intellect , he was admitted to the public schools. Judge Mack came to Arkansas and settled in o ld Gainesville in Greene County . He was associated with his son-in - law , J.E. Riddick . later a circuit judge and then as associate just ice o f the Supreme Court of Arkansas from 1894 until 1907. Judge Riddick 's son , Walter Garrett Riddick. became a law partner of Charles T . Coleman and Senator Joseph T. Robinson. He was appOinted to the 8th U .S. Court of Appeals in 1941 and served as such until his death in 1953. W .H. Cate was an early att o rney o f Craighead County . graduated fro m the Un iverSity o f Tennessee and settled here in 1865. He wa s prosecuting a tto rney . ci rcuit Judge and a member o f the C o ngress fro m th is district. His so n. W .W Ca te. w as a lawyer and at o ne time speaker o f the Arkan sas House o f Representative s COn ti nu ed o n p a~ 1 86

PAGE 185

Judge James Gordon Frierson Continued from page 185

James Gordon Frierson , the first of his family to settle in Arkansas, moved to Jonesboro some time prior to 1884. He was elected to the Arkansas Senate, serving during the Brooks-Baxter War. Together with James Berry, James Gordon Frierson drew up a bill calling for the Constitutional Convention, which adopted the State Constitution of 1874. More than 95 years later a great-grandson , Charles Frierson, III, was a delegate to the Convention which drafted the proposed Constitution rejected by the voters in 1970. In 1882 James Gordon Frierson was elected Circuit Judge of the 2nd Judicial Circuit of Arkansas. Goodspeed in his history said, "Judge Frierson held the office to the entire satisfaction of all parties, by his pure life and varied learning winning the affection and respect of the people , possessing in an eminent degree those virtues which adorn the bench and knowledge of the law which makes the safe and wise jurist a unity of purity and integrity." James Gordon Frierson died at the age of 46 in 1884, leaving his two sons, Gordon Frierson and Charles D. Frierson , and a daughter, Camille. James Go rdon Frierson married Miss Emma Davis, who for many years taugh t a private school and later in the public sch o ols of Jonesboro. Gordon Frierson practiced law in Jonesboro and Memphis. He was Assistant U.S. Distric t Attorney, Secretary to Governor James P. Clark and later to James P . Clark as U.S . Senator. Gordon Frierson worked in the Panama Canal Zo ne during the constructi o n of the Canal. He was both

Charles D. Frierson , Jr.

PAGE 186

Judge Charles Davis Frierson Police Judge and Mayor of Jonesboro, an able lawyer, an interesting and charming conversationalist and story teller. He was at his best when reminiscing. Judge Charles Davis Frierson, born in 1877 in Cross County, migrated to Jonesboro with his father James Gordon Frierson. He became the first court stenographer of 2nd Judicial Circuit. He was City Attorney from 1907 to 1911. He became the first Chancellor of the 12th Circuit of Arkansas serving from 1911 to 1917. Later he became a partner of the law firm of Lamb and Frierson. He was considered one of the most able lawyers in Arkansas. He prepared a digest of all the Ordinances of the City of Jonesboro in 1910. He served as Chairman of Craighead County Democratic Central Committee from 1927 until his death in 1947. Charles D. Frierson, Jr. , born in 1907, began the practice of law in Jonesboro as a partner with his father in 1931 . He was elected City Attorney in 1934. He died December 26, 1970. He was very active in the promotion of civic reforms for Jonesboro, served as Chairman of Craighead County Democratic Central Committee from 1949 unti l his death . was attorney for many drainage and other improvement districts. He worked continuously for the advancement and welfare of Jonesboro. Thomas Allen Hughes, a graduate of Vanderbilt University Law Schoo l, came to Jonesboro in 1893. He married Miss Camille Frierson , twin sister of Gordon Frierson. He was elected Circuit Judge of the 2nd Judicial District in 1902, renominated in 1906, but declined the nomination and

Charles Frierson III

THE ARKANSAS LAWYER

r

I

moved to Memphis in 1907, where he continued the law p r actice. He wrote a book on Arkansas Mortgages, which is often quoted by the Supreme Court of Arkansas and widely used by Arkansas lawyers. J .C . Hawthorne, a native of T~nnessee , moved to Jonesboro from Corning in 1885. He was admitted to the Bar in 1876 and was the leading attorney of the Cation Belt Railroad in Arkansas for many years. He was elected State Senator in 1880 before moving to Jonesboro and served two terms . He was author of the law providing for the creation o f the City Wate r and Light plant of Jonesboro and a leader in county and state politics for many years. E.F. Brown , born in Tennessee in 1644, came to Arkansas in 1858, was admitted to the bar and began to practice law in Clay County in 1871. He was elected to the Con· stitutional Convention in 1874, and prosecuting attorney in 1878. He came to Jonesboro in 1883. Mr. Brown is listed as the attorney in a great many cases in Craighead County 's Common Law Records 1, 2 and 3 . He was one of the organize rs and general attorney for the J. L. C. & E. Railroad . John Reid Turney, who came to Jonesboro in 1910, at one time partner of H .M . Cooley and later of N.F. Lamb , was highly regarded for his legal mind . Mr. Turney later became general counsel and vice president of the Cotton Belt Railroad . Mr . Turney read and briefed every decision of the Arkansas Supreme Court up to the time he came to Jonesboro. Now 85 years of age, he lives and practices taw in Washington , D.C . Possibly the most cotorful prosecuting attorney that ever represented the 2nd Judicial Circuit of A rkansas was Thaadeu s H . Caraway, born in Springhi ll , Stoddard County , Missouri , October 17, 1871. He moved to Clay County at the age of 12, received a B .A . degree from Dickinson College in Tennessee, taught in country schools, and was admitted to the Bar at Osceola in 1899. He began the practice of law in Lake City in 1903 and later operated a newspaper for a few years . Mr. Caraway moved to J onesboro where he was elec· ted prosecuting attorney in 1908 and Congressman in 1912. He was elected U .S. Senator in 1920. For several years Mr. Caraway was a partner of N .F. Lamb. In 1902 he married Hattie Wyatt , who as his widow , later served two terms in U.S . Senate. The Caraways were t'>arents of three sons , Paul , Forrest and Robert. Robert died young as a result of an accident while rid ing a horse. Paul became a Lt. General and Forrest a major general in the U .S. Army . Both gr aduated from West Point. J .M . Futrell of Paragould served as Circuit judge and Chancello r of 12th Chancery Circu it with d istinction and as Govern o r of Arkansas for two difficult terms during the Great Depression . Basil Baker, born in Columbia County in 1871, graduated from Ouachita College in 1895, moved to Craighead County in 1897 and was admitted to the bar the fo llo wing year . He was elected Associate Justice of Supreme Court of Arkansas in 1934. Arkansas Bar Ass ociation Memo rial said this o f him : " He was a lawyer of pre· eminent ability and a man of spotless character . While his career on the bench was all too brief, he was there long enough to demonstrate the fact that the electorate made no m istake in thus elevating him . He was a hard worker, a c lose student, a ca reful and pains· ta kin g judge, swayed neither to the r ig ht nor the left, and his opinions evidence both industry and learnin g and the fact that t heir auth o r in writing them had but one end in view , and that was the determinatio n of the issue faithfully and c o nsc ientiously , in accordance with the facts and the controlling principle s o f law inv o lved ." One o f the great legal mind s o f the J onesbo ro Bar was Ho race Sloan , wh o came to J onesb o ro ab o ut 1914 and fo r· med a partnership first with E.F. Brown and later with Basil

SE PTEMBE R, 1972

Baker . Mr. Sloan , a hard worker, specialized in the law relating to improvement districts, and wrote a two vo lume bo o k o n the subject, which is o ften cited by other Arkansas lawyers and the courts . One of the earliest lawyers named in cases in Craighead County 's Common Law Records 1 and 2 was T .P . M cGovern. He also was one of the attorneys in the great lawsuit invo lving much of the te rrito ry in the heart o f Jonesboro . Football Coach Dan McGugin of Vanderbilt said to the writer that he considered Sam Coston the p eer of any quarterback that ever played on Vanderbilt U. team. Mr. Coston practiced in Jonesboro and Blytheville and finally settled in Memphis and became the president of the Memphis Bar. One of the greatest minds, charming and dominating per· sonalities that ever practiced law in Craighead and oth er counties in Arkansas was Nathan Francis Lamb, born in Sp ring Valley, Minnesota, either on Jan u ary 2, 1860 or 1861 . Mr. Lamb attended public schoo ls in Minnesota and the Niles English and Classical School in Rocheste r. He began to read law in 1880, taught school for seven years, came to Jonesboro in December, 1890 and was admitted to the bar March 6, 1891 . For a time , at the request of John Reid Tur. ney, Mr. Lamb acted as general counsel for the entire Cot· ton Belt railroad system .•

LAWYERS' MART Cla ssified Ad Rate 20 cents per word each in sert'i on$3 ..00 minimum ATTORNEY WANTED Jackson County Legal Services, Inc. has a vacancy for an attorney in a one attorney, one sec retary , county· wide legal services organization . Prima ry emph asis in this program is service type cases with an average case load of approximately 600 per year. Poverty law background is desirable but not essential. The person hired must be a member of the Arkansas B ar. Salary up to $12 ,000 per year . Send resumes to Jackson Co u nty Legal Services, Inc., P. O. Box 623, Newport, Arkansas 72112 .

BOOKS WANTED ARKANSAS REPOR TS and DIG EST. Send information to : Jon R. Sanford , Attorney at Law, Box 1004, Russellville . BOOKS FOR SALE Used law books: Arkansas Reports Vols. 1-198, set Ruling Case Law , A rkansas Acts , Digests, mis· cellaneous . Katherine Jones. 569-2240 (Little Rock). 7408 Shady Grove Lane, Mabelvale , Arkansas . Complete, up-tO-date Am Jur Pleading and Practice Form Books. Pau l Capps, Suite 1004, Th ree Hundred Spring Bui lding , Little Rock , 376 -3418. SERVICES AVAILABLE Professional, reasonably-priced reporting : depositions, hearings, etc . Graduate, Certified Shorthand Reporte r. Sandra Palmer, Little Rock , 375-5266 ,

POSITION WANTED Attorney , title company . Desires to manage abstr act p lant in a small town or city . Experienced in abstract. ing , closing , and title examination. Send inquiries to Arkansas Bar Center, 408 Donaghey Building , Little Rock , Arkansas 72201 .

PAGE 187

A page from Jackson County history . .. During the mid 1800's, Jacksonport basked in the glories and profits of the steamboat trade as the terminus for deep water navigation on the White River up from the Mississippi - the fourth county seat for Jackson County - the first county courthouse not begun for four decades after Jackson County was established in 1829 - the Jacksonport Courthouse was built during the Reconstruction Period by John A . Schnable, former Colonel in Confederate General Shelby's Iron Brigade - finished Christmas Eve in 1872 - a solid rectangular edi fice with tall windo ws - topped with wide eaves and mansard roof with dormer windows - with an impressive courtroom with 18-foot ceilings and 11-foot doors - a fitting seat of justice - first court convened in April 1873 - the Bench and Bar included such eminent lawyers as Judge William Byers , John W . Stayton , Lucien C . Gause , W.K. Patterson , et al- the population shift to

the railroad siding where the old Cuiro-Fulton Railroad met the White River - an old steamboat landing called New Port - predictable end in the batthe tle of the two-stacker vs. the one-stacker county seat followed the population center to Newport in 1892 - the old composite pic ture of the Arkansas Bench and Bar in 1900 has photos o f attorneys M .M. Stuckey and J .M . Stayton of Newportthe Jacksonport Courthouse then fell upon hard times - used as a school , cotton gin , county poor house and finally abandoned - in 1962 , the Jackson County Historical Society successfully undertook to restore the old courtroom as a museum - a fitting memorial to a truly historical landmark - Newport has continued to grow into a thriving , friendly Southern town of over 7,000 , pacing Jackson County in its continued development as a manufacturing trucking recreational center.

WIl arll privillldglld to sllrvll as a part of thll Jaekson County eommunity ,

MERCHANTS & PLANTERS BANK "a friendly bank to do business with

• • •

"

Newport, Arkansas PAGE 188

THE ARKANSAS LAWYER

Vermilion County Legal Aid Society in Danville, Illinois and one of her interests is in the field of Clinical Legal Education .

by Professor Robert Brockmann As of the writing of this column the Law Dean Search Advisory Committee has interviewed a number of c andidates for the deanship of the University of Arkansas School of Law but no names as of yet have been submitted to President Mullins. Professor Mort Gitelman has been teaching the second summer session at the University of Illinois School of Law , while Assistant Professor Gary Nelms taught a session at the University of Kansas School of Law . Ruth Brunson , law librarian at Little Rock, attended the Institute on Basic

Problems in Law Librarianship at the University of Illinois in June. Three new members have, or will be joining the faculty of the University of Arkansas School of Law. Assistant Professor Barbara A. Burkett joined the Fayetteville division beginning with the second summer session where she is teaching the Corporations course . Barbara received both her undergraduate and J.D. degrees from the University of Iowa. She is a candidate for her LL.M . degree from the University of Illinois. She was formerly Assistant Director,

Assistant Professor Kenneth S . Gould will be joining the faculty of the Little Rock Division beginning with the fall semester. Kenneth is from Nebraska and did his undergraduate work at the University of Nebraska and at ValparaiSO University . He received his J . D . degree from Creighton University School of Law in Omaha, Nebraska. While there he was on the Dean 's list each semester and served as editor of the Law Review . He will be coming to the law scho o l fro m private practice. Assistant Professor Elizabeth M . Osenbaugh will be joining the Fayetteville faculty th is coming fall semester. Elizabeth is also from Iowa, having received her B.A . with high distinction from the University of Iowa, where she was a member of Phi Beta Kappa. She also attended the University of Iowa College of Law where she was a member of the Order of Coif. Her most recent employment was as Law Clerk to the Honorable Francis H . Becker, Justice, Iowa Supreme Court. Assistant Professor Sandy Hendrick of the Little Rock Division when off and got himself married this past May 6th . However, this did not slow him down too much and he is working on a project for Terrel. Don Hutto on the civil consequences in Arkansas o f having been convicted of a felony . Associate Professor Jim Spears of the Little Rock Division has returned from a year o f graduate study at the University of Texas School of Law . Assistant Dean Arthur G . Murph y and Assistant Professor Glenn Pasvogel, both of the Little Rock Division , are engaged in writing a Juvenile Judges Court Procedure s Manual. It is being done for Pulaski County as one of the projects for the Federal Law Enforcement Assistan ce Administration .

you should ! He's th e Wes t Publishing Company representati ve for th e state of Arkan sa s. A law school graduate himself, he has th e ba ckground a nd expertise to help you with your library problems whether you are a long-time practitione r or s till in law school. Wh y not give him a call today! Archie C. McLaren, Jr., 749 W. Snowden Circle, Memphi s, Tenn. 38104 901 / 276- 0172

SEPTEMBER,1972

George Skinner, Law Librarian at Fayetteville went to Chicago for the annual meeting of the American Association o f Law Libraries o n July 1-Q, 1972. George also represented the University at the dedic ation of the new law building at Washington University Scho o l o f Law in S1. Louis . Plans are in pro gress for an ad dition to Waterman Hall , the law building on the Fayetteville campus. The pro posed new additi o n w ill be o f the approximate area of the existing building . It is hoped that construction will beg in around January 1, 1973 and that the addition will be completed in time for the f all semester o f 1974 .â&#x20AC;˘

PAGE 189

A MAN OF HIGH OFFICE

" FENDLER : A MAN OF HIGH OFFICE AND FIRM OPINIONS" is the across-the-page headline from the Oscar Fendler story by Editor Harry A. Haines in the Blytheville Courier News, May 5, 1966. The story is reprinted in this issue of The Arkansas Lawyer.

OSCAR FENDLER PRESIDENT 1962-63 ARKANSAS BAR ASSOCIATION

A few of the high offices held by Mr. Fendler are ..... .

PAG E 190

• Assemb ly Delegate, 1970-73 American Bar Association

• President , 1957-58 B lylheville Bar A ssocia tion

• Chairman , 1966-67 ABA General Prac tice Section

• Presi den t, 1962-63 Con fe rence o f Loc a l Ba r As soci ation s

• Pres ident, 1962-63 Arkansas Bar Association

• Presiden t, 1967 Board of Di rec t ors The Arkansas Law Review

• Chairman , 1971-73 Board o f Directo rs Arkansas Priva te Lega l Service s , Inc .

• Delegate fo r Ge nera l Practice Sec ti on , 1968-70 Am eric an Bar Asso c iat ion THE A RKA NSAS LAWY ER

• •

• •

AND FIRM OPINIONS • •

In simplest terms, a leader is one who knows where he wants to go, and gets up and goes. - John Erskine

There Is no easy way to describe Oscar Fendler. Editor Haines called him, "an old liberal, retreaded with conservatism" and "one 01 those rare angry men." It Is an understatement that Oscar's are " Iirm opinions." He is currently carrying the torch , and it is lit, lor Judicare - both as Chairman 01 the Board 01 Directors 01 Arkansas PLS, Inc., and as Chairman 01 the Committee on Involvement 01 the General Practitioner in Problems 01 the Lower Income Public 01 the ABA's General Practice Section. He Is, without any doubt, a " goer-doer." Certainly, Oscar Fendler meets John Erskine's definition 01 a "leader" end Is probably the best way to describe him.

which in the

~ I

WIl arll dlllightCld to join in thi!: rllcognition of O!:car FClndlClr for what hll i!: --- a Illadllr , , , , ,

Compliments of

MRS. LORA FLEEMAN Merchants and Planters Bank Manila , Arkansas

THE FARMERS BANK AND TRUST COMPANY " Oldest Bank in Mississippi Co unty" Bly theville, Arkansas

S . .J. COHEN COMPANY ENGINEERS· CONTRACTORS

BLYTHEVILLE , ARKANSAS

Compliments of

SENATOR JOHN BEARDEN, JR . Leac hville, Arkansas

SEPTEMBER. 1972

PAGE 191

,

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.~

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Nort.heast B'ar Distrhf" .. ',

Arkansas . . Bar "Associ-atio

Arkansas Lawyer 1 Septe mber 1972

TO ALL CONCERNED : This is the second issue in the series of The Arkansas Lawyer being dedicated , in the main, to the history of law in Arkansas and to the Association 's living Past Presidents. Mr. Roy Penix of Jonesboro hu" written the cover story concerning NE Arkansas - quite obviously it is not feasible to relate but a sampling of the whole history. We leave the discovery of the rest to our readers . However, we will give you an added start with sketches on our living Past Presidents in the NE Bar District. Justice John A . Fogleman 's biographical appeared in the May 1972 issue of The Arkansas Lawyer. The Arkansas Lawyer

Joe C. Barrett

Joe Barrett

PAGE 192

There are few lawyers in America, and none in Arkansas , more loved and respected than Joe Barrett of Jonesboro. This combination of affection and respect is a rare one. Men held in high respect are sometimes admired , sometimes not , but often not loved. Affection derives from qualities other than those that induce respect. Joe Barrett is loved , not only in Arkansas where every lawyer and many thousands of citizens kn ow him well , and throughout the bar of the United States and mu ch of Europe, but he is admired and respe ct ed by Ihose wh o know him . Such affection and respect do not come by accident. They have

to be earned , and Joe by a life ti me of knowledgeable labor in the law , accompanied always by a kindly understanding of the problems of his fellow men , has earned them . I first knew Joe in the winter of 1918-19 , when he returned to the University of Arkansas after fin ishing his World War I stint in the S.AT.C. and Officers Training Camp . He was a junior, Edi tor of the Raz orback (a nnual). " big man on ca mpus," and I a lowly freshman . Yet he helped me , as he helped many others, to make an academic start and to begin to participate in useful ext racurricu lar college ac tivities . In his senior year he was Edi-

THE ARKANSAS LAWYER

many assignments which he was asked to take on . A "Life Member" of the Conference since 1963. he is today held in an affection and esteem unequaled among the more than 200 Commissioners. I remember that it was as Presi dent of the Conference of Commissioners that Joe attended the dedication of the Law School 's new Waterman Hall

in the fall of 1953, and I recall his re-

The Barretts

tor of the student newspaper, now the Arkansas Traveler, and he gave me needed advice about my early scribblings for publication . In the spring of 1919, when several of his classmates led a revolt against President J o hn C . Futrall and the University administration , Joe advised c auti o n and was generally regarded as being on the side of the " establishment. " After some of the revolters were expelled , we freshmen truly appreciated Joe's advice. There was no law sch ool at the University in those days, and Jo e went on to Washington, D.C ., where he could earn a living and study law at the same time. He was admitted to prac tice in Arkansas in 1922, fifty years ago this fall , then took a job in Italy with the U.S. Department o f Agricul ture for a year and there met an Arkansas girl named Bertha Campbell. They were married o n December 3D ,

resp onsibilities, but Joe and I, with a successi o n of other appOintees, ultimately including Jack Deacon , have worked together in the Conference of Commissioners for twenty-seven years (he for twenty-nine) and have enjoyed the high standing which Joe's efforts have achieved for the Arkansas delegation . Due to the War , there was no meeting of the Commissioners in 1945, and the first post-War meeting was held in

October of 1946. That was right after Helen and I were married , and Helen went with me to the Uniform Laws meeting in Philadelphia that month . This was when she first met Joe. It was a case of second love at first siylli . Jue has no mo'e ardent fan anywhere than my Helen . Among the Commissioners , Joe achieved and still holds real preeminence. He was quic kly recognized as

marks in memory of Julian S. Waterman , for whom the building was named and whom Joe had known when he was in Waterman 's classes in Economics. That was years before the Law Schoo l was established with Waterman as its first Dean . The greatness of Julian Waterman is one of our mutual recollections . Joe's service to the Arkansas Bar Association as an ever-active member, then as President, and continuing as Past-President, need hardly be recalled . Every lawyer in Arkansas is acquainted with his work . The Association is what it is largel y by re ason of the work of President Barrett and others like him . It is not often that a country practitioner acquires a fine reputation among the nation 's and the world 's legal scholars. Joe Barrett is the exceptional one who has such a reputation. Good friend and confidante of such giants as Karl Llewellyn and his wife Soia (Mentschikoff). William Prosser, and Robert Braucher, he has been called in to assist in scores of unpaid national and international legal projects. His apPOintments as a Delegate to The Hague Conferen ce on Private International Law dating back to 1956, and to other Conferences at The Hague and at Rome , have given him an acquaintance with world legal scho lars unmatched among Arkansas "country lawyers." Time and again, when I have met judges and legal writers from all parts of the Americas and from Europe, and they have learned that I am from Ark-

1923, then Joe finished taw sch oo l

one of the best draftsmen in the Con-

ansas, they have asked , " Do you know

and returned to Jonesbo ro where they have lived, and he has practiced, ever since. Their daughter Do rine wa s married to Jack Deaco n while Jack was in Law Sch oo l at Fayetteville. Joe was named a C o mmissi oner o n Uniform State Laws fo r Arkan sas by Governor Adkins in 1943. He soon decided that the work of the National C o nferenc e o f C o mmissi oners on Uniform Sta te Laws was o f tremend o us impo rtan ce, n ot o nly to the nation bu t to Ark ansas specificall y, and he deliberately ch ose Ed Wrigh t and me, in 1945, to jo in him o n the Arkan sas Commissi o n, then arranged fo r Governor Laney to app o int us. Ed Wrigh t moved o n to o ther Bar Associ ati o n

ference . His facility for wise analysis o f the probable consequences, both legal and pOlitical, o f pro posed new laws, caused other Commissioners to co nsult him constantly . And his constant effort to seek out and develop new forms of law, not for the sake of c hange as such but to strengthen the legal and social o rder in America generally, made him a major contributor to the c o ntinuing work of the Conference. He served successively as Vice President . Chairman of the Executive Co mmittee . and President of the National Conference o f Commissioners on Unifo rm State Laws, then as the mantle o f elder statesman fell upon him he labo red even harder o n the

Joe Barrett? ", and they have always added so mething like, " There is a man of real ability." Joe's designation in 1967 as Chairman of the American Bar Association 's Section on International Law was a recognition of his wide scholarShip. Few if any other country lawyers without an international law practi ce, wit h expert ise derived solely from intellectual interest, have ever been so

SEPTEMBER , 1972

recognized. Above all , Joe and Bertha are warm and sympathetic beings, good to be with , the folks all of us can be proud neighbors and friends .

Barrett human kind of to call

Robert A. Lellar PAGE 193

J.L. "Bex" Shaver

Bex Shaver in 1954

James Levesque Shaver was b orn M ay 17, 1902, in Vanndale , Cross County, Arkansas, and soon therafter acquired the lifetime nickname " Bex" b ecause his two-year-old brother couldn 't handle " Levesque." Another of Mr. Shaver 's nicknames, "Governor" came when he was 40 , and served two terms as Lieutenant Governor of Arkansas . "Governor" J . L. " Bex" Shaver , a graduate of Wynne H igh School, attended Hendrix College, and at the age of 19 was awarded his LL.B. Degree fro m Washington & Lee University, Lexington , Va ., in 1921 . He was admitted to the bar in Arkansas February 26 , 1923, but since he was still a min or, he cou ld not legally be admitted to practice. The Arkansas General Assembly o f 1923 passed Act 90 to permit him to practice; there is therefore no doubt that Mr. Shaver is legally a member of the Bar. He was also admitted to practice bef ore the United States Supreme Court March 9 , 1934 . When he was 23, he was elected to the Arkan sas House o f Repre sentatives , serving three terms, 1925-31 . At the age of 30, he was elected to the Senate, serving the counties o f Cross and Woodruff for two terms, 1931-38. And when he was 40, he became Lieutenant Governor without opposition, and was reelected fo r a second term, 1942-46. As a young representative , Mr. Shaver voted against a bill which would h ave made it i llegal to teach the theory of evolution in Arkansas. In a later political campaign for the Senate he was accused of being an " atheist, " an "ag nostic ," a " monkey man ," and others , but survived politically. Incidentally. the first two accusations are wholly untrue - Mr. Shaver is a longtime ruling e lder of the Wynne Presbyterian Church , a church school teach-

PAGE 194

er, and loves to teach the Bible " as it is ." While presiding over the Senate as Lieutenant Governor, his first grandson , Harmon Smith, was born . The Senate gave him a walking cane to commenorate his grandfathership , and this cane has been notched for every grandchild since. So far , there are notches for seven grandchildren and three great-grandchildren , the latest being for a great-grandson, Martin Landis Smith, born July 8 , 1972, to Dr. and Mrs. Harmo n Smith . The cane is getting somewhat fragile, but there are still p laces o n the cane, and in the Shaver heart, for a few more notches. Mr. Shaver has handled many important assignments in his lifetime, but cherishes th ose most highly which champion the right of the " common man ." For instance, he was author o f a bill, which later became Arkansas Law, placing a partial moratorium upon mortgage forec losures during the Depression . The law was later decla red unconstitutional, but had served its p urpose, givi n g many landowners the needed time to adjust their finances and save their property. Mr. Shaver was attorney for a joint legislative committee which made an official investigation of " Commonwealth College " at Mena, whose liberal an d comm unisti c character became a cam pa ign issue between Francis Cherry and Orval Faubus in the gubernatorial campaign of 1954. He was legi slative secretary to Governor Homer Adkins during the General Assembly of 1941 , and later served in the same capacity for Governor Faubus in the 1955 General A ssembly. He was appointed a member of the Memphis-Arkansas Bridge Commission by Governor Adkins in 1939, and served for eight years, until the bridge was dedicated December 17, 1949. Mr. Shaver was president of the Arkansas Bar Association in 1953-54 , and has served in numerous offices of the state and county bar associations. He is also a member of the American Bar Association . On the civic scene, Mr. Shaver has been a vital part in his community 's affairs . He is presently chairman of the Board o f the Cross County Hospi tal , having been a Trustee since the hospital opened in July, 1952. He is a past president o f the Li ons Club and presently is a member of Ro tary and o f the Chamber o f C ommerce.

The Shavers

Since 1951 , Mr. Shaver has prac ticed law jointly with his son, James L. Shaver, Jr., who is Cross County Representative . One of Mr. Shaver'S greatest joys is Mrs. Shaver, who joined him in marriage Febru ary 23, 1922 . Mrs. Shaver is the former Louise Davi s, daughter 01 I. J . Davis and Agnes Bob (Strain) Davi s, widely-known and respected residents o f Wynne. To Mr. and Mrs. Shaver were born a daughter, Winnie Bob, now Mrs. J. H. Smith , and one son, James L. Shaver, Jr. Another of Mr. Shaver's joys in his garden , which enables him to stay close to nature , to feel the sense of creation, and to share prize tomatoes and other garden vegetables with his friends , and to be honest about it , there is a strong rivalry to maintain with his next-door neighbor, Brother Whit Shaver, and many o ther gardeners in the Biggest -Tomato competition . One of the grandest of all experiences is the current honor being bestowed upon him by his fellow members of the legal profession in naming him the 1972 " Arkansas Citizen-Law yer ," an h ono r he treasures fa r more than othe rs which have come his way during an exciting , active and useful lifetime. His first love is the law , but he is deeply interested in history, religion , philosophy and the common man . He loves to quote that p art of the " House By the Side of the Road," that says: "Let me live in my h o use by the side of the road Where the race of men go by ; They are good , they are bad , they are weak , they are strong . Wise , Foo lish - so am I," Though there are many exciting and fulfilling experiences in his long and useful life, one soon discovers in visiting with " Bex" that he feels " the best is yet to c ome."

THE ARKANSAS LAWYER

Fendler : A Man of High Office and Firm Opinions By Harry A. Haines

(Reprint of newspaper article which appeared in May 5 . '966 issue of the B lytheville Cauner News . with the permission of Editor Harry Haines )

Oscar Fendler IS an o ld liberal. who has been retreaded with conserva· tlsm

But even from the vantage point of a profitable law practice and a comfortable. somewhat overweight middleage. the coals of the old firebrand still glimmer. " Yeah . I was a liberal ... but I'm not much for labels . Now I'm a conservative Democrat. I'm a moderate. I think Franklin Roosevelt scared hell out of me when he tried to pack the Supreme Court." It would seem, it was suggested, that the new Republicanism of John Lindsey, George Romney and the Rockefellers might fit a liberal conservative like Fendler. " You have to decide which party fits you. The Dem ocratic party is like the plumage of a bird ... a lot of different feathers go into it. I'm a Dem ocrat. I vote Democratic . I've always been one." Fendler was one o f fou r children of a Manila merchant ("a small Manila merchant ," he points out) . He came to Blytheville High School, went to the University of Arkansas and Harvard Law SchooL He now is chairman-elect of the General Practices Section of the American Bar Association and this August in Montreal will take over the chairmanship . He's one of four Arkansas lawyers (and one of 300 in America) to hold membership as a fell ow in the American Bar Foundation. He's a director of the American Judicature Society : a past president (1963) of the Arkansas Bar Association and is now completing his third year on the Council o f National Conferences of Bar Presidents.

•••

''I've been interested in politics and the law for as long as I can remember . I used to hang around Cecil Shane 's office when I was in high schooL "Well. I don ', mean hang around really I was too reticent to do that . but Cecil was good to me and I'd visit him two or three times a year. maybe more. SEPTEMBER,1972

" He's the one who encouraged me to apply to those Ivy League law ::,chools." Fendler . who graduated from Arkansas in 1930, applied to Harvard. Yale , Princet on. Columbia and Vanderbilt. He was accepted by all in view o f a brilliant undergraduate record at Arkansas. Faced with graduation in the Great Depression. Fendler undertook an ingenious plan to finance a jOb-scouting trip to the West Coast. " I went out there and did stories on the Olympics in Los Angeles in 1932 ." Who bought the stories? " The Courier News, SI. Louis Post Dispatch and the Hearst papers. The best story I did out there was on Bill Carr. He was from Pine Bluff and went to the University of Pennsylvania. " We (the Harvard men who made the trip with him) looked like a UN delegation. We had a Swiss, a Hungarian, an Englishman and a boy from Boston and Cleveland. "We went out there and rented a house. It was a big SOB and cost us about $50 a month ... I think . I paid for the whole trip with the stuff I sold. I looked over the jobs. Nothing much out there . " My best offer came from the g overnment. Churchill Buck (veteran Blytheville attorney) was responsible fo r that offer . " He said I was foolish to come back to Blytheville. I'm not sorry, though . You see, I wasn't in that enviable position as a graduate o f Harvard . I mean. hell , at Arkansas I was right at the top of my c lass, in the elite. "At Harvard , we graduated over 500 in my class and I was in the top ten per cent. But not right up in the first five or six and those were the guys who got the good jobs." So he returned and joined the law firm founded by Shane, his benefactor and boyhood idol.

•••

'Although a conservative o f sorts, Fendler is slill a free swinger and Ihe iconoclasm comes peeping through, viz: " Standards of the legal profession

are artificial as hell. I think they were put there by law school professors. You don't need three years to learn how to become a lawyer. You can learn all you need in two. "Public schools ought to have visiting lecturers for the kids. They ought to get men in this area to come in now and then and talk to the kids on history and on government and business. We have some men who could come in and teach a whole course on crooked government. "I remember some years ago I used to visit a friend of mine who was a legislator. A utility lobbyist was keeping him supplied with liquor. Well . every time I'd pack up to come back to Blytheville, I'd pack a couple of bottles of their damned liquor. They found out about it and, boy, did they hate my guts. I guess they still hate my guts. I don't know. "I work 60 hours a week. Change that. I work 60 hours a week minimum . That's a minimum . But when I loaf, I loaf hard . Pat (Mrs. Fendler) and I think Eden Isle (near Heber Springs) is our favorite spot. I don't swim and fish and all that. I go there and read and walk. A friend of mine takes Pat and me out in his sailboat sometimes. I take those two and three-day breaks, but they d on't d o as much good as those longer ones. Two weeks - the first week for unwinding, the second fo r enjoying the quiet. " Oh, I used to be a member of the County Election Commission. I was the second Democrat. Jesse Tayl or was the first Democrat. There was a guy for you . He did more for the cause of good elections around here than most people will ever know. I think someone in the party got me kicked off the commission when I didn 't support Orval Faubus . "I remember we were asked to reContinued on page 196

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Continued from page 195

view the voting in one of those south end boxes and when they brought the box in we opened it and found the ballots hadn't even been folded, They marked them, rolled 'em up and put them in the box. They were marked with the same pencil in the same hand. And this will kill you: they were in a lphabetica l order. In other words, these darned ballots were in the same order the names appeared in the list of voters and everyone in the precinct voted '" but they voted afphabetically. It was such a joke, we just threw out the whole damned box. "The days of the machine are over. Th e new Arkansas law, the end of the poll tax , the new federal law, all these things militate against machine politics. " I think you're liab le to see Frank Holt and Winthrop Rockefeller in the November general election. " I worked for Brooks Hays in this county in 1928, Me and Bob McKinnon and Kendall Berry. It was difficult to tell Brooks that I wouldn't be with him this time. I think Brooks may be too liberal for this county. " I'd advise any young lawyer to come to Blytheville. I think this place is going to be a great place for a lawyer. rhere 's this river and climate and this soil and here we are right in the heart of America . Things never looked better. "Arkansas politics are going to be a little more moderate ... not as conservative . Things jusl are moving that way , that 's all."

•••

He's still one of those rare angry men ; albeit le::,-s angry from the vantage point of affluence. He mal(es friends and enemies with equal ease . " The thing I like about him :' one acquaintance smiled, " is the fact that

you can disagree with him - even violently and sti ll keep him as a friend if you wish ." That's a redeeming grace for Fendler, a man not particularly interested in being agreeable, but terribly interested in voicing an opinion .

Maurice Cathey

Maurice Cathey Born June 23, 1910, in Paragould , Arkansas , son of Hettie B . Cathey and the late James Porter Cathey, who served as Circuit Clerk of Greene County and former deputy and successo r (as Circ uit Clerk) to J . M . Futrell , later Governor of Arkansas . Attended grade sch oo l in Paragould ; family mo ved to Little Rock in 1922; attended East Side Junior High and graduated from Little Rock High Sch ool in 1926, receiving academi c sch o larship to Wash ington Univers ity , S1. Louis ; attended Wash ington University 1926-1931, graduating with

LLB Degree, now converted to JD . While attending Washington U., became member of Alpha Tau Omega sociaf fraternity , Delta Theta Phi legal fraternity, and Kappa Phi Sigma public speaking fraternity ; was Fea ture Editor of student newspaper. Worked full time in college, holding , at various times , jobs as magazine salesman, factory worker , theatre usher, and night cashier al YMCA . Upon graduation, first worked as leg al research assistant in revision of Schneider on Workmen 's Compensation ; licensed to practice in Missouri in 1931 and practiced law in St. Louis from October, 1931, through December, 1932 (economics of law practice in SI. Louis al that time, during Depression, was such that he continued to work as night cashier at YMCA to supplement his income from law practice) , Returned to Paragould in January, 1933, as associate with William F. Kirsch , later partner in firm , no w seni o r partner in firm since death of Mr . Kirsch in 1967 ; presently ass oc iated with Gerald Brown , Ray A . Goodwin , Donis Hamilton and John Gregg . Bar and Legal Activities 1. Deputy Pr o se c uting Att o rney ,

Earlier this year , at the mid-winter meeting of the American Bar Associati o n in Ch icago , Fendler was asked to give first one speech and then another. He did not deliver one o f the talks and explained that he would make printed c o pies available . This w o rk represented the results o f an investigatio n undertaken by Fendler into the ways vari o us state and local bar associations plan to c o pe with federal programs o f legal aid fo r the poor . T o da te, Ihe paper has been re prin ted by the bar jo urnals o f New Hampshire and No rth Caroli na and the journal of Ihe Ameri c an Trial Judges. Fl o rida 's bar jo urnal used ex c erpt s from the repo rt. " The American Bar Assoc ia tion declined to use it. They said it wan 't fair to j udge the pro gram in its infan c y."

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Success Fendler. PAGE 196

has

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L-R: A . Lee Wi lliams. Labo r MP.: Mauric e Cathey: Ann (Cathey) Gregg : W. P Grieve. Queen 's C ounsel and Conservative M .P. THE ARKANSAS LAWYER

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Greene County. Arkansas. 1935-1936. 2. Past President. Greene County Bar Association. 3. Pas t President. Northeast Arkansas Bar Association. 4 . Past President. Arkansas Bar Association. 1966-1967 (A rkansas Lawyer came into existence during his administration). 5. Member of Probate Code Drafting Committee of Bar Association , which drafted 1949 Arkansas Probate Code ; acted as spokesman of Bar Association in presenting Probate Code to Arkansas Legislative Council where it was appr oved and ultimately enacted by Legislature with only minor amendments. 6 . Past Chairman of Jurisprudence Qlh,) L..CiW R..,iorm and Resoh.Jtion::; Committee of Association; member of miscellaneous bar committees, including Executive Committee, 1964-1968. 7 . At request of Legal Aid Committee of Arkansas Bar Association , represented Valerie Swindle, English girl. for 20 months in successful efforts to regain custody of her chi ld ; case accepted as charity case, in-

volved four hearings in Greene Chancery Court, two cases in Supreme Court of Arkansas. petition fo r certiorari 10 Supreme Court of Uniled States, participated in immigration proceedings to avoid deportation of client, and trial in Circuit Court in St. Louis County, Missouri. Following tr ial in 5t. Louis, court agreed to return child to Arkansas fo r another hearing if assurance was given that child would not leave Arkansas pending new hearing . To meel with this commitment, Mr. and Mrs . Cathey kept the child which was the subject of the litigation in their home until the child was released by Arkansas court. Upon conclusion of the case, which received international publicity, and the return of Mrs. Swindle and her daughter to England , Mr. Cathey received personal thanks of the British Ambassador to the United States for his handling of the case. In June , 1969, when Mr. Cathey and his daughter, Mrs . John Gregg , were in London , they were special guests of British govern ment at a luncheon in House of Commons and at one of its sessions .

Personal and Non-Legal Activities 1. Member, Arkansas Constitutional Revision Study Commission (1967). 2. Director and Vice President, First Nati ona l Bank of Commerce, Paragould. 3. Past Chairman, Administrative Board , First United Methodist Church , Parag ou ld. 4. Past President , Paragould Rotary Club. 5. Former member, Executive Board, Community Methodist Hospital , Paragould. Family Married Ina McKeehan , Hot Springs, 1942; two children, Ann (Mrs. John C.) Gregg, Paragould, Donald M . Cathey, senior at Arkansas Tech . U.S. Army , 1942-1943, statewide service in anti-aircraft units.

Hobbies Spectator at sports events ; enthusiastic but erratic golfer with inimitable backswing (fourth best golfer in five-man law firm - one doesn't play ).

J.C.Deacon

Jack Deacon Jack Deacon seems more like Joe Barrett's son than his son-in-law. Lawyers with talent like theirs come along about one in a thousand . It's hard to bel ieve that two like these are joined together in lawful wedlock. In this case, Dorine Deacon , Joe and Bertha Barrett 's daughter, and the mother of Jack 's four children , is the link. Dorine and Jack were married in September. 1947 . in the Barrett's garden in Jonesboro. A few years later, a family partnership came into being that is probably now as well known in American Bar Association circles as most of the prestigious partnerships in America. Dorine's father and her husband are two of the most respected and well known members of the American Bar. Jack Deacon , now 51 years old, has earned the success he enjoys as the

SEPTEMBER,1972

center of a happy close-knit family , and an outstanding trial lawyer. But he is far more than that. He leads every organization he joins. " Indefatigable" is probably the most apt descriptive ter m for him. Henry Woods. who served as Chairman of the Executive Committee of the Arkansas Bar Association during the year Jack was President, summed it all up like this, "Jack can keep more balls in the air at one time than anyone I have ever known." His list o f credits would fill the rest of this magazine. When does he sleep? Somehow, he finds time to maintain his reputation for thoroughness, he keeps his finely tuned sense of humor . and he maintains a prosperous law practice. He serves his community , his profession, his church, his friends, and his family. If his ability to use a twenty-four hour day could be bottled into an elixir (Deacon 's Liniment) and then sold in a drug store, the entire economy could go on the two-day work week . It Jack Deacon has not been elected President of every organization he ever joined , then he will be before long . He is unquestionably a leader. He can follow traditi ona l paths when he knows where they lead, and he can also strike out on totally uncharted courses. Conservatives and liberals both claim him as their champion. He can chart broad plans and then attend 10 minute details. In the unlikely event

Dorine Deacon of a need for another invasion of Europe, he would be the ideal supreme commander. He has an extraordinary power to enlist the efforts of persons whom he stimulates, and then he draws from them effort that is a surprise to everyone except Jack. Part of his success formula is his enthusiasm. It is as infectious as a virus. Above all else, Jack communicates. Jack is the all-time grand champion consumer of carbon paper. Onionskin co pies of his letters flow out o f his office like confelli. It is said that his stamp bill has long kept the Postal Department out of bankruptcy. Another one o f his secrets is his promptness in awarding success with a thank you , and he always sees to it that his comm ittees receive the li on's share of the applause . At the University of Arkansas in

PAGE 197

1948, Jack was President of Blue Key, the campus leadership society, and President of Detta Theta Phi Legal Fraternity . He was one of the organizers of the first Gaebale - the spring campus carnival. Upon graduation, Jack opened his own office in Little Rock. His one retainer was the $75 a month he received as counsel for the PUlaski County Legai Aid Society. Later, he became associ ated w ith the Rose Firm , where he pra ctice d u ntil recalled to active duty in Military Intelligence during the Korean war. Jack, Dorine, Marie, and Barry moved into South Post, Fort Myer, Virginia, close to Jack's office in the B-Ring of the Pentagon. Jack served with distinction as administrative officer of Detachment "M " , a top secret assignment which Jack swore not to discuss when he was debriefed and discharged in 1952. John was born that same year, and Jack took his family to Jonesboro where he joined the law firm of Joe C . Barrett, Archer Wheatley, and Berl S. Smith . A fourth child, Rush, was added to the family in due cou rse. A lmost as fast, Jack became one of Jonesboro's leading citizens. By 1955 he had been elected the City' s outstanding young man. At one time or another he became President of the Chamber of Commerce. the United Fund, the Red Cross Chapter, the Hospital Board,

TH~

the Rotary Club , the Country Club, and the County and Regional Bar Associations. The children are all champion swimmers, and Jack and Dorine wore out at least one car driving to swimming meets allover the country. Naturally, this led to Jack's election as President of the Arkansas Amateur Athletic Union . He was Chairman of the Young Lawyers Section of the State Bar Association in 1954, a member of the Board of Law Examiners (1966-69) , Chairman of the Conference of Local Bar Associations, and he has been a member of the House of Delegates of the American Bar Association since 1967. On the Ame rican Bar Association level, Jack has served as Chairman of the Bar Activities Section and the Award of Merit Committee. He has been a Commissioner of the National Conference of Commissioners o n Un iform State Laws since 1966 an d p re sently is State Chairman of the Commission. He was elected to the International Academy of Trial Lawyers in 1970. Jack 's interest in young lawyers and law students was apparent in 1970 while he was serving as President of the Arkansas Bar Association . Under his leadership, the Association created a Law Student Division, and for the first time in the United States, law students were made members of a

MAN FOR All

R~A~ON~.

State Bar Association . Jack led the fight in the Legislature in an attempt to pass a bill to assess a state-wide $1 .00 per case fee for legal education . It was estimated that more than a mi ll ion dollars a year would be available to the University Board of Trustees to spend in improving both divisions of the Law School. The effort was interpreted by some as the first step toward moving the University Law School from FayetteVille to Little Rock, and the bill failed to pass . Recently, Jack has been appointed to a high level task force of the American Bar Association charged with the assignment of studying the impact of bulging law schoo l enrollments. Incidentally, the Deacon's oldest son , B arry, will enter Law School in Fayetteville this fall. I n his "spare time " next year Jack will carry out his duties as newly elected District Governor of Rotary . Right now he is working hard as Chairman of a drafting committee which has already completed the first draft of a uniform law relating to Eminent Domain . Jack's many activities always involve considerable travel. It 's a rare occasion when Dorine does not go along . They ' re a jet age version of tw o Arkansas Travelers. One thing is for sure - wherever they go , Arkansas is well represented . _

• • • • •

• Past President, Greene County Bar Association • Past President, Northeast A rka ns as Bar Associ ation • Past President, Arkansas B ar Association • Past President, Paragould Rotary C lu b • Past Board Chairman, First Un ited M et hodist C hurch o f Paragould • Memb er, Va rious Civ ic and Lega ) Com mittees Maurice Cathey

TH[ GRHN[-ClAY COUNTY BAR Pl[A~[D

PAGE 198

TO HONOR ON[ OF

A~~OCIATION I~

IT~ [~THM[D M[MB[R~

THE ARKANSAS LAWYER

My Friends and Fellow Members of the Arkansas Bar Association : Please accept my heartfelt appreciation for your vote and for the support you gave me in the Primary Election . I am proud, indeed, to again be your Democratic nominee for re~lection to the U.S. Senate, and I earnestly solicit your continued support and good will in the General Election. By working together, we can insure Arkansas' continued progress, and through our concerned efforts, promote the general interest , safety , and wellbeing of all our people. Again , my deep appreciation and my warmest good wishes to each of you.

McClellan

, ,

Sincerely,

Paid lor by Senator McClellan

Wo too tako groat prido in our mombor -Box

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~havor and in hi!: many aeeompli!:hmont!: • Arkansas Representative 1925-31 • Arkansas Senator 1931-38 • Arkansas Lieutenant Governor 1942-46 • President, Arkansas Bar Association 1953-54 • Board Chairman of the Cross County Hospital • Past President, Wynne Lions Club • Elder, Wynne Presbyterian Church • Member, many commissions and various organizations J. L. " Bex" Shaver with 1971-72 Outsta nding Lawyer-Citizen Award

SEPTEMBE R, 1972

THE CROSS COUNTY BAR ASSOCIATION PAGE 199

~be

"((ommon

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Recipient of the Arkansas Bar Foundation 's OUTSTANOING LAWYER-CITIZEN AWARD 1971 -72

PAGE 200

THE ARKANSAS LAWYER

Lawyers know life practically. -Samuel Johnson, J 778 Perhaps no lawyer typifies this fac t better than Attorney-at-Law J. L. " Bex " Shaver of Wynne , Arkansas. His term of office as President of the Arkansas Bar Association was especially marked by this same practicality , e.g ., (1) The Association for the first time employed a fulltime assistant to the Secretary-Treasurer and opened an office in the Pyramid Life Building in Little Rock . (2) The Association for the first time voted to join with the University of Arkansas School of Law in sponsoring the Fall Legal Institute at the Fayetteville Campus . (3) The public relations program used a new approach, encompassing institutional advertising and a speakers' bureau . (4) A Committee was appointed to recommend a plan for a separate Justice Building for the Arkansas Supreme Court and the Attorney General.

The Arkansas Bar Association honored him as Its President, 1953-54 ... The Arkansas Bar Foundation honored him as Arkansas ' Outstanding Lawyer-Citizen in 1971-72 .. . Arkansans honored him as their Lieutenant Governor In 1942-1946 ...

WQ honor "8QX" for hi~ many. many ~ontribution~ OVQr many. many yQar~ . . . . . . .

C ross County Bank " The Wide -Awake Ba nk" Wy nne , Ark ansas

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W. M . Smith and So ns, Owners Birde ye, Arkansas

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Savings & Loan Association

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Wynne , Arkansas

SHAVER & SHAVER

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SEPTEMBER , 1972

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..

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MY FIRST COURT

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"In the winter of 1842 my first court was held in Greene county. The weather was inclement and no one of the Helena bar was willing to undertake the trip. The State's attorney, W. F. Stanton. had an alliee al Marion, but really lived in Memphis. So I set out a lone and reached the home of Co lonel Mark W . Izard, about where Forrest City now stands, the first night. passing through old Ml. Vernon next morning. I hunted up in the woods the lawyer of that county. James Jackson, and asked him if he was going to attend the Greene court. He said he had not thought of it; but I could never find the way 10 that place, and, furthermore, there would be no lawyer there. I impressed on him the dilliculty I would labor unde r in trying to hold court without a lawyer, and induced him to go with me. We made Walnut Camp that night. the home of Colonel Charles Nealy . The next day we faced a snow-storm of unusual sevefity for twenty miles. to a log cabin where Harrisburgh now stands . There, to my great satisfaction, we found Stan ton. the State's attorney. who. with great difficulty. had crossed the swamp from Memphis, waiting in doubt and anxiety for the judge. In due time we arrived at Greenville and surprised the clerk. who plead innocence to any knowledge of the appointed time lor court. In response to inquiry lor Ihe sheriff , we were lold he was twenty miles off at 'Uncle Peter's Still," where he had been drunk the past two weeks. 1 directed the clerk to call in two mounted men to go for the sheriff: he responded promptly. and I instructed them to bring him in. drunk or sober , They reported with the sheriff early next morning , who seemed to be struggling hard to escape the log 'Uncle Peter's' low wines had cast over his mental vision . "'To my ralher preemplory inquiry, ·Sir. whal have you done With the venire?' he responded : 'I have nOI had him: I don 't know him. Is he an old or new comer to Ihese parts? What do you <IX mt: thai for? Has ht: slolt: any thing or killed anybody. and what country did he jump? ' To which I impatiently responded : ' Oh, my good fellow. you don 't appear to understand me. Where is the grand jury?' And he replied : ' A , that's what you want, is it? Well, we don't need any in Ihese and I don't know how to get one if we did . Percan tell.' I had a venire issued and placed in at once, with directions 10 bring in forty good as possible. to serve as grand and petit . he presented formidable objections . It was i the dead of winter, and there were no accommodat ions for either court or jury. and no house in which to hold court. This difficulty was met and obviated by

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Judge John T. Jones , Helena (First Circuit , including Greene , Mississippi, Craighead , Poinsett , Cross , Crittenden , St , Francis , Monroe and Phillips Counties , 1842-52) directions to cut down forest trees and build a huge log fire, with the trunks of trees placed around for seats. This injunction was obeyed. and the next day I opened court under these rude and pr imitive auspices in Ihe wilderness. Early in the progress of the court, one 01 the atlendants became disorderly - the effect of 100 much 01 ·Uncle Peter'S' low wines - and was ordered to jail for contempl of court. Here another difficulty presented itsell . There was no jail: but the court deslgnaled a tree near by as the jail for the term, and the offender was promptly tied 10 ii , and Ihe court progressed. II must not be taken for granted that Greene counly has held her own since 1842: she has progressed wi th the times, and now boasts an intelligent and refined populat ion , which compares favorably with any portion of Arkansas. In attendance on this court besides my very humorous traveling companions James Jackson and W. F. Stanton - were Pope, Porter, Pallerson. and Fairchild from Batesville, all lawyers of ability. true men and most genial companions ."'

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Proud of our heritage and building for the future

MERCHANTS West Helena

PAGE 202

and

FARMERS

(}JamJu

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THE ARKANSAS LAWYER

FAMA SEMPER VIVA T!

In his Iremendous and inleresling book on the history of the Benc h and Bar, " Piclorial History of Arkansas ," published in 1887, Lawyer John Hallum of Lonoke , Arkansas, memorializes many of the early legal giants of the State . So me of them fro m the Nort heast area in the 1800's were: Judge Thomas Lacy of Helena ; Judge Townsend Dickinson of Batesville ; Governor Elisha Baxler of Balesville ; Judge John T . Jones of Helena; John C . England of Lonoke; Robe rt W . Crockett of DeWitt ; Poindexler Dunn of Forresl City ; John M . Hewitt of Marianna ; William F. Hicks of Lonoke; Judge James W . Bales o f Balesville ; Judge Richard Searcy of Batesville ; William K . Sebastian of Helena ; Governor William R. Miller of Balesville ; George Thornburch of Walnut Ridge; Willia m B. R. Horner of Helena; Nathan Haggard of Balesville; M. T. Sanders of Helena; et al. However , as Hallum points out , it is nol possible to recognize all of the many outstanding lawyers of the State in a single volume. Likewise , Ihe efforl musl be a continuing one. And so , il is right and meet that we add our voices to this sa lute to those who have given us our legal heritage in Northeast Arkansas - " May their fame live forever!"

CROSS COUNTY BAR ASSOCIATION CRAIGHEAD COUNTY BAR ASSOCIATION CRITTENDEN COUNTY BAR ASSOCIATION GREENE-CLAY COUNTY BAR ASSOCIATION NORTHEAST ARKANSAS BAR ASSOCIATION ST. FRANCIS COUNTY BAR ASSOCIATION PHILLIPS COUNTY BAR ASSOCIATION BLYTHEVILLE BAR ASSOCIATION

SEPTEMBER,1972

PAGE 203

The Ethics of Criminal Justice Judge Jack G. Day

Chief Justice Jack G. Day of the Ohio Court of Appeals (8th District) - professor, trial lawyer. labor arbitrator. author. lecturer. judge . et al - all in one man . Vice-Chairman and Member of Council. ABA Section of Criminal Law . Past-President . National Association of Defense Lawyers in Crimi,.al Cases . Judge Day was one of the principal speakers at the A rkansas Workshop ilIon Standards for Criminal Justice, January 20-21, 1972. These remarks will not be a conventional discussion of honesty and truthfulness . Those virtues will be presumed conclusively to be part of the commitment of every person involved in the administration of criminal justice . Less commitment , of course , should result in total divorcement from the process. I will examine ethics in a more fundamental sense - the sense which means the study of alternate values as they relate to the administration of justice. Three -Legged Stool The three-legged stool concept of criminal justice, is, so far as 1 know, the conception of the present Chief Justice of the United States, developed when he was chairman of the Advisory Committee on the Prosecution and Defense Functions. This conception of cou rse, is one of the main building blocks in the structure of the massive study of the Standards for the Administration of Criminal Justice conducted by the ABA over the past seven or eight years . The idea is that justice, symbolized in the homey metaphor of a stable stool , is achieved best when a competent prosecuti on , defense and bench combine to administer jus tic e. I add one leg to the

PAGE 204

stool路 a professional police force. In the brief time alloted for the develop. men! of the subject, and the elJen shorter time that remains , I shall discuss certain fundamental conditions in my view ethical - necessary if each leg of the slool is to achieve that sturdiness its function requires. In its shortest form the ultimate value, and therefore the ultimate ethical objective, in all our jurisprudence, but especially the criminal. is due process of law . That obvious point , which must permeate our concern from investigation th rough correction , is the touchstone o f the success of our legal system . In another sense the realization of due process is the measure of the very success of our government. For none of the various litmus papers to be applied to governmental achievement are more important than the tests which measure official treatment of dissent, of minorities and of persons charged with c rime . Patently, the judicial system is deeply involved in all three areas. Today, time and the purpose of our gathering allows me on ly to note the first two and pass on to the third.

Two Legs Two legs of the stoo l of criminal justice bear common discussion because in a ll but a few , but very important, respects they bear a parallel relation to the ethical problem . Both the prosecution and defense counsel owe one another and the c o urt candor , deference and strength . The o bligation of candor presents no differences except those that are peculiarly related to the defense right to put the state to its proof and the defendant's right against selfin c rimination . However, in all matters in whi c h the defense has affirmati ve

obligations of proof or in which it volunteers information . its scruple must match that of the prosecution . On its part, of course, the prosecution has a higher duty than simple conviction . The objective is to convict according to law and when that cannot be done acquittal is itself a form of fulfillment of the prosecution role . Deference does not mean weakness. It can be summed up in that somewhat effete phrase " courtroom etiquette " - meaning no more than the mutual courtesy and respect which will satisfy one dignified man in his relations with another. Elements i n Adyocacy Strength is an indispensibJe element in advocacy. Eve ry trial lawyer knows , and we are really discussing trial law ye rs, that there will be times when despite the thunderheads and lightning which may be moving and flashing about the bench or from the other side of the trial table . a good lawyer must at whatever risk to himself do those things necessary to make and save the record . Of course , this must be done care fully to aVOid crossing the line between brave advo cacy and contempt bu t, in any event , done. The bench , and this may be more supplication than statement , if it is to satisfy its duty to the due process o f law , must be patient, strong , brave (a different matter) , courteous , assidi o us and , at all costs, must not allow itself to become jaded. Patience and courtesy are handmaidens which make the difficult task o f lawyers - and in the long run the task of judges too - easier. There is alm o s t no problem in which gratuitous jud icial acerbity will assist reso lution . Courage wherever it is needed at a ll

THE ARKANSAS LAWYER

,

is indispensible. Without it other virtues may never come into play. With out it integrity is impossible. And , if the fear of electoral defeat or public criticism cradles less than the forthright action a judge's head and integrity counsel , he does not belong on the bench . Assiduousness is a plain enough conception. In lower terms it means no more than hard work. Th e word " jaded " belongs in this discussion because it is easy in dealing with the crimina l law day after day to develop a ca llousness inimical to fairness . If there we re time, this point could be developed for prosecutors, defense lawyers , and law enforcement o fficers as well as for judges. The operation of the harmless error doctrine in its worst aspects will illustrate. The notion that an error of minuscule effect in a trial o f overall fairness should not requ ire the time and expense of retrial. On the other hand , ti red men with jaded sensibilities, may unconsciously lean upon the doc trine for no better reason than swift and easy disposition. This consequence our ethical aim - the dispensation of due process - can not tolerate. If, after all this, a judge should hap路 pen to be more than competent it is a bonus.

The Fourth Leg The harmless error rule provides a lead in to the discussion of the fourth leg of the stool. The professional law o ff ice r o perating with optimum competence is going to work within those constitutional standards to which con formity is so important in the investigation and arrest phases. 1f he does not, our ethical objectives are in peril. Professor Yale Kamisar has pointed out the possible variants between justice in the " Gatehouses" and the " Mansions" of the law . His figure of speech is shorthand for at least this proposition - a failure o f justice at the investigation and arrest stages may compel a failure at the trial stage. (Kamisar, " Eq ual Justice in the Gatehouses and Mansions of Am erican Criminal Procedure: From Powell to Gideon, From Escobedo to . " an Essay in "Criminal Justice in our Time," Univ . of Virginia Press, Charlottesville (1965) .) It follows that the development ot law abiding , professiona lized police work is a sine qua non of due process . This can only be done if the Bench does not flin c h from its duty, prosecutors and law enforcement administrators train their staffs in constitutional operation and defense counsel have the temerity to challenge us all on our

stewardship o f due process. Finall y, all elements in the administration of justice must concern themselves with the correctional process in whatever ways the limitations of office will allow . The public must be alerted to the danger to them in a failure of correctional due process. When incarceration generates Sixty per cent or more recidivists then the penitentiary , the reformatory and the correctional institution are largely failing and it is permissible to conclude that penitence, reform and co rre ction are in short supply. It is entirely possible that an overhaul of penal procedures to conform more exactly to the 路prohibition against the cruel and unusual punishment inherent in due process will result in less punishment for society. These are cynical times. I suspect that " ethics " in the crim inal process are, for many, a subject of derision . But bench and bar cannot afford to smirk at human value. Due process is our sphere - ou r trust. It would be ironical if we did our jobs so well that the wise-acres discovered that ethics in criminal justice work . The very existence o f our judicial system may depend o n a successful effort. The very effort is itself part of the success . _

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FALL LEGAL INSTIT UTE Shera ton Motor Inn Littl e Ro c k, Arkan sa s Se pt emb er 22 -23, 19 72 • TRUTH·IN·LENDING AND FAIR CREDIT REPORTING • PRIVATE REAL ESTATE SYNDICATIONS • TAX PLANNING FOR LAWYERS PLUS THE OPPORTUNITY FOR PROFESSIONAL AND SOCIAL CONTACTS CHANCE TO SEE ARKANSAS V. OKLAHOMA STATE

"get away from it all -

so lve your problems "

The 1972 Fall Legal Inst itute has been nicknamed " potpourri " because it offers something for each member of our Association , no matter what type of practice he engages in on a day-today basis. The program is divided into three segmen ts : consumer credit on Friday morning, real estate on Friday afternoon , and tax planning on Saturday morning . Each of these pro grams is being presen ted by nationally known out-ofstate speakers who know w hat they are talking about and , at least equally important, have the proven ability to pass their knowledge and experience on to others in an interesting and entertaining fashion .

PAGE 206

The program reflects that ample time is left in each portion of the program for questions and answers from the floor. The emphasis will be on relating the topics to the everyday problems facing the practicing lawyer. Needless to say , the success of this Institute wil l depend in part on the speakers - that part has been assured _ and in part on the audience - that part is up to you. Mark your calendar now to attend the 1972 Fall Legal Institute at the Sheraton Motor Inn in Little Ro ck on September 22 and 23, 1972. Martin Gilbert , Chairman Legal Education Comm ittee , Arka nsas Ba r Association

THE ARKANSAS LAWYER

EXECUTIVE COMMITTEE NOTES By James M. Moody Secretary· T reasu rer

The Executive Council, at its meeting of August 5, 1972 approved several proposed legislative enactments for submiss ion to the House of Delegates for consideration at its next meeti ng on September 21. Those bills approved by the counci I included a bill to adopt the Federal Rules of Civil Procadure, a bill to empower the Arkansas Supreme Court to promulgate Rules of Civil Procedure in lower courts , a bill to permit one spouse to testify at the request of an other, a bill to permit an attorney to make service of process by certified mail under the " long arm statute" and a bill to reestablish qualifi cations for election of Chancellors to replace a bill which was erroneously repealed by the last legislature . Other bills involving the doctor-patient privilege and the issuance o f subpoenaes duces tecum were referred back to committee for additi o nal consideration. President Woods reported on the prog ress of the Arkansas Bar Center and announced that ground breaking ceremonies would be conducted o n the site on September 21 f o llowed by an excursion on the Arkansas Ri ver on the Border Star. Col. Ransi ck reminded all members of the House of Delegates o f their responsibility to make a report to the Association members in their district of the proceed ings of the last meeting . Henry Woods reported that $5 .000.00 had been received from 350

FOR

1000

lawyers by the Client Security Fund . The ultimate goal is $10 .000.00 for the initial funding . Jack Wi lliams will report to the House of Delegates on the status of the fund and proposed guidelines for its administration . Dean Ralph Barnhart . who is retiring as dean of the University of Arkansas Law Sch oo l, was present and reported on the plans to increase the size of Waterman Hall and the existing library facilities . The Law School has received 1,400 applications fo r 170 available spaces for freshmen and it has been necessary to admit students on a selective basis under the administration of Pr o fessor Robert Brockman . President Woods expressed the ap pre ciation of the counci l and the Bar Association for the coo perat ion and

assistance which Dean Barnhart has given during his tenure. A committee was appointed by Chairman James Sharp to study those judicial districts which appeared to

have an excessive case loa d and to recommend proposals to alleviate the problem . The committee consists o f Robert Hays Williams, Paul Young and Doug Smith with C.R . Huie as con· su Itant. Martin Gilbert . Chairman of the Legal Edu cation Committee, reported on the plans for the Fall Legal Insti · tute to be held in Little Rock on September 22-23 , Subjects included o n the program will be consumer prote ction, truth-in-Iending and taxation . At the request of J oe Woodward o f Magnolia, a special committee o n Tr ansportation Law will be appointed by President Woods .•

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YOU SHOULD BELONG TO THE ARKANSAS BAR ASSOCIA TlON

IF YOU ARE A MEMBER You A re

eligible for participation in the Associati on Endorsed Group Disability Plan. Over $45a,OOO in disability payments have been paid to members of the association since the plan was started in 1946. The rates are approximately half what you would be required to pay for an individual policy. Other plans available include Major Medical, Life, Accident, Professional Liability & Catastrophic.

And Don't Forget

You Will

serve you r professi on by supporting the Association 's continuing efforts to improve standards of legal education, of judicial administration and of admissions to the bar. You help protect th e lawy er's professional status by opposing unauthorized practice, and through an ex panded program of public service activities.

the good fell owship and the developm en t o f close fri endships wit h your bro ther ;----..:.~:..--....:.:=--------~-----, lawyers at Assoc iati on act ivi t ies. This is an opportunit y to serve yourself and the publ ic as wei I.

You W iII

receiv e subscriptions to both the Arkansas Law Review and The Arkansas Lawyer. These journals will bring you informative articles about the Law, lawyers and their activities. Your membership includes both subscriptions.

PAGE 208

ARKANSAS BAR ASSOCIATION

408 Donaghey Building little Rock, Arkansas THE ARKANSAS LAWYER

Great partnership: Barnum & Bailey ••• another great partnership: ARKAnSAS BAR ASSOCIATion &

:·CNA/insurance Now working together to prevent and control professional liability claims. They will co-sponsor loss prevention seminars, develop a loss control program, and foster professional proficiency through a continuing educational program to deter professional liability allegations.

new PROFeSSionAL LIABILITY PROGRAm with loss Prevention and Control Want more details? Call or write Arkansas Bar Association Administrator Rather, Beyer & Harper Three Hundred Spring Building Little Rock, Arkansas 72201 (501) 372-4117 SEPT EMBER . 1972

PAGE 209

ARE ATTORNEYS FAIR

WHAT do YOU about the. . .

ARKANSAS BAR

TO THEMSELVES? - Judge Franklin Wilder Member of the Memorials Committee, Arkansas Bar Foundation

I. How many practicing attorneys in Arkansas have an up to date Will , that effectively does for them and their family, what it should do? If the truth were known , I sincerely believe we would be surprised as to how few there are! The writer of this article is one who does not !

It seems that we are so busy taking care of the affairs and problems of others, that we systematically and methodically put off taking care of our own problems. True? At least it appears so in many cases. Stop to think for a minute . Many lawyers give their whole life in service to others. When they pass on,

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PAGE 210

THE ARKANSAS LAWYER

the ir main desire is to see that their loved ones are cared for. That's it. On the other hand , by mere ly adding one paragraph to the Will of an average attorney, setting up a tiny memorial of some kind for said attorney (Sure ly he dese rves $100 of all he has earned and the services rendered as recogn ition!) ... said attorney will leave something to perpetuate his memory beyond the cemetery! II. T he Arkansas B ar Foundation has made special arrangements to coope rate with ou r attorneys and their families , so that a self-perpetuating gift will live on in the years to come . A gift to the memory of a deceased attorney will last much longer than merely se ndi ng f lowe rs to the Churc h for the funeral , using the means set up by our Arkansas Bar Foundation. And , the Foundation always notifies the family of the deceased as to this gift . Gifts to the Foundation of this nature have ranged in the amount of $5 to $1 ~O , completely at the will of the donor, unless several lawyers have gone together and made a larger contribution . III. Did you know? The new Bar Center will offer the fi rst real op portunity for families of deceased or living lawyers to memorialize them publicly and permanenlly by attaching their names to items or rooms in the Center. Further, you might like to know ... that within the near fut ure the Foundation 's Memorial Committee will make a detail report through the " Arkansas Lawyer," and in the meantime anyone interested in being the donor of such memorial should write to the Memorials Committee, Arkansas Bar Foundation, 40B D onag hey B ldg ., Little Rock, Arkansas, 72201 .

IV . Speaking for myself, we are all busy and we are prone to put our own problems off. But take a few minutes out of your busy schedule for yourself! Make arrangements l o r a memorial for your very own . Next, keep in mind that when you SE PTEMBER,1972

have some lawyer who was a friend who has passed on, that one appropriate way to remember him is through the new Arkansas Bar Center and the Me moria l services it offers. Finally, tell your wife and children about this, and any c lients that are interested. Impress on them the availability of this service, what it offers, how important it can be to the public as well as the legal profession of our great State .

Shakespeare once wrote, " To th ine own se lf be true ...... Let 's be fair to ourselves , as well as to others. Don't just read this, sm ile, and forget 1I! Act now, make a notation to do something about this important work , and keep it in mind, Please! (Incidentally, the Memorials Committee would appreciate any suggestions that any of you have to help this important work along . Thank you.) .

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A Complete Source for Planning Estates in Arkansas Planned exclus ively for Ark a nsas lawye rs , it is based o n the statutes, cases , regu lations, and tax situatio ns of the slate. This workbook serves 3S a guide to drafting a simple will. testa m entary planning fo r bene 6t of minor or aged,

forms of property ow nership, purposes and techniques of making gifts, drafting partnership and business purchase agreements and many other important topics. The handy loose路 leaf fo rmat makes this source a unique working tool - an invaluable refere nce for the Arkansas lawyer.

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PAGE 211

Introducing The Arkansas Lawyer Puh l icalton of TilE AR.KANSAS LAWYEH Is a s ign ificant

event in Ark:lIlsas Dar A::;:sociation history, providing, for the first time, an attractive format for adequate communication between Arkan sas law ye rs and their professional association. The absen(,e of ~ u('h a m ediu m ha s heretofore prevented fu ll umlcr::; tandlng by the individual lawyers in Arkansas as to what their assodaliun officers are trying to do in their hehalf.

More than

~O

hal' association committees work in activities

whif'h benefit hath the lawyer and his profession. Througt: TilE AHKANSAS LAWYEH, we hope to advise all association memlier s as to the status of all major hal' activities. Through thi s publication, too , the individual lawy er may express his

COlllmellts and ('ritid:;m of ha l' association projects and his views toward cu rr ent problems faced hy tlur profession . While serving as president of the Arkan sas Dar Assodation, I have hel'Ollle convinced that most Arkansas lawyers do not fu ll y appredate the full value of their s tate bar as sOl' iaUon nul' its effort s which are undertaken to improve hoth the administration of justi('e and the lot of the individual l awyer. I hope that these areas of non - understanding and mi s understanding ma y he eliminated through th is new medium . With our memi Jership meeting on ly twice a year, man y important problems arising iletween those meetings must be re solved hy the I::xecutive Co mmittee as the gove rning board of our a ... sof"ia tion. The I::xeC"utive Commit te e seeks to promote those activitle~ which it believes to he for the best in terest uf our profession in Arkansa s in an'O!"d with what It believes to he the will of a majority of hal' mem bership after the memhers h:lvl' heen apprised of the relevant facts and the pro and ('011 aq~\Iments . The fads and arguments 011 a ll controversial issues will, wherever possihle , be presellted in THE ARKANSA S LAWYER. As id e from reporting bar activit ies and issues with whl<:h the !Ja r assodation is involved, THE ARKANSAS LAWYI::R can perform a valuahle function in another area: publicizing the contributions made by lawyer s in activities outside the law practice. If we can proper ly publicize the accomplishments and influence of our fellow lawyer s , we will develop a greate r appre<"iatton of our fellow bar members. We have taken for granted too orten the many accomplishments of Arkansas law yers In non - lega l areas and tend to forget Ihe full impact of A rkan sas lawyers upon the society of whi<'h they are a part. THE ARKANSAS LA WYI::R shou ld remind us of these contri-路 butions and, In so dOing, build upourmorale as members of an honorable and at'Uve profession. Publication of TilE ARKANSAS LA WYER wlll he a substantial task. Individual lawyer s will be asked to make their contributions in the suhmission of written material and their continued SUPPOI"t of all ba r association activites. The regular sar Center

JUNE 1967

staff will assume additional respons ib il ity in the procurement, the se lection and the processing of all editor Ial matter. We are fortunate that our Executive Director, LeRoy Gaston, has extensive experience in the pubUc information area. Tht s should assure newsworthiness and high quality for this publicatton. In creating THE ARKANSAS LAWYER, the Executive Comm ittee of the Arkansas Bar Association ascertained that this new publication need not impair in any manner the close working relationshIp existing between our association and the Un iversity of Arkansas Law School. By making THE ARKANSAS LA WYER its medIum for the publication of news concerning association and lawyer activities , the Arkansas Law Review and Bar Association Journal will have available greater space for the publication of Law Review articles. Publication and printing costs of THE ARKANSAS LAWYER are assured to us without any expense to the Arkansas Bar Association, an assurance which is necessary in the Ught of our budget problems . OUr respons ibility will consist of prov iding the material for the edit('lr ia l comment and providing fo r the distribution and publication of THE ARKANSAS LAWYER to our members. We have the authority to reject advertising which we deem inconsistent with bar association purposes. Many laymen are surprised to find that not all licensed Arkansas lawyers belong to their proCessional association. P e rsona ll y, I find it difficult to justify this situation either to lawyers or to laymen . J believe that most lawyers who do not now participate in association activities would be willing to do so if they fully understood what their professional assoc iation is doing and how urgent the case is for 100 per cent participation by all lawyers in bar association activities. The first issues of THE ARKANSAS LAWYER will go to association members and non - members alike: Postal requirements make it mandatory that circulatIon be soon restricted to members in good standing. I hope that the receipt of this publkation will r emind our financially delinquent members to resume and maintain theIr paid-up status. I hope that lawyers who are not now members of the Arkansas Bar Association will find sufficient incentive to join this association, involve themselves In the consideration and solution of its problems and to evaluate its policies and undertakings on a fully informed bas is. THE ARKANSAS LAWYER wtll, at first, be published quar terly. Depending upon lawyer acceptance, the frequency of publication wlll be increased as rapidly as possible. OUr ultimate goal is to make it a regular monthl y publication which will give to all Arkansas lawyers a greater respect for the problems and accompUshments of all members of our profe ss ion.

Reprint from first issue of The Arkansas Lawyer June 1967 Vol. 1 No . 1

PAGE 212

THE ARKANSAS LAWYER

SEPTEMBER 1 972

tlie

Arkansas Lawyer With this issue, The Arkansas Lawyer celebrates its lifth anniversary. With the lirst issue in June , 1967, then President Maurice Cathey set high standards and goals - his challenges still lead the way. See the reprint 01 page 1 01 the June 1967 issue opposite this page . Now a bi-monthly publication , The Arkansas Lawyer is recognized as one 01 the linest Bar journals in the Country. In lact , the law libraries 01 some 50 o f the leading law schools have paid subscriptions. It is particu larly litting that at the time 01 The Arkan sas Lawyer's lifth birthday, we are honoring Maurice Cathey. MAURICE CATHEY President 1966-67 Arkansas Bar Association

VVQ arQ plQagQd to join in thig galutQ to MauricQ CathQy , , , ,

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PAGE 213

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CENTRAL ARKANSAS ESTATE COUNCIL 1972-73 PROGRAMS All meetings will be at the Sam Peck Hotel , Little Rock, with cocktails at 6:00 p .m. and dinner at 6:30 p .m . SEPTEMBER 21 William H. Hoffman , Jr ., CPA and Attorney, Professo r o f Tax Accounting , University of Houston , Houston , Texas. " POST-MORTEM FOR ESTATES" NOVEMBER 16 Or . Richard B. Johnson Director, Southwestern Graduate School of Ban king , SMU Dallas, Texas, and Chairman, Dept. of Economics. " TRENDS AND VALUES THE OUTLOOK FOR EQUITIES" FEBRUARY 15 Paul C . Green , Vice P resident, Conti nen tal Assurance Co ., Chicago , III. " CURRENT TRENDS IN THE LIFE INSURANCE INDUSTRY" APRIL 19 Fr ank Berall , Attorney - Partner, Schor & Berall , Hartford , Conn . " Use of Revocable and Irrevocable Domestic & Foreign Trusts In Estate Planning"

PAGE 214

THE ARKANSAS LAWYER

JJn JNemoriam WALTER L. BROWN 1893-1972 Honorable Walter L. Brown, senior member of the law firm of Brown, Compton, Prewitt, and Dickens of EI Dorado, died In that city on June 16, 1972. He was born in Prescott, Arkansas; attended Arkansas College at Batesville; received his law degree from George Washington University; was submitted to the Arkansas Bar in 1921 and practiced his profession in EI Dorado from that time until his death. Among other offices held by him were those of prosecuting attorney; member of the Arkansas Oil and Gas Commission and president of the Union County Bar Association. He was also a member of the Arkansas and American Bar Associations and a member of the Presbyterian church. He is survived by his wife, one daughter, two brothers, two sisters and two grandchildren. He was buried in EI Dorado, Arkansas.

HONORABLE FESTUS O. BUTT 1875-1972 Honorable Festus O. Butt of Eureka Springs died on June 29, 1972 at the age of 97 years. He was tha Dean of the Bar in Arkansas , having been enrolled in the Supreme Court on May 22, 1897. Mr. Butt was born in Illinois but moved to Carroll County, Arkansas, at the age of nine and lived there all of his remaining life. He had many offices and received many honors: having been representative and senator in the Arkansas Legislature, Acting Governor of Arkansas during the administration of Governor Parnell , Chancery Judge and Mayor of his city. He was a Methodist and a Mason; and is survived by three sons, one daughter, eleven grandchildren and thirteen

SEPTEMBER , 1972

great grandchildren. His surviving children are: Dr. W. J. Butt, Judge Thomas F. Butt, Joe Vol Butt and Mrs. Robert Huntington . His surviving sister is Mrs. Alberta J . Littrell. He was buried in the cemetery at Eureka Springs on Sunday afternoon, July 2. F. P. GARVAN II 1913-1972 Francis P. Garvan, II died in Hot Springs on July 1st. Although for many years he was not in the active practice of the law, he, nevertheless, retained his membership in both the Arkansas and American Bar Associations. He was a 1935 graduate of Yale University, and a 1938 graduate of Georgetown Law School, and was in the Navy in WW. II. For the past several years, Mr. Garvan was Vice President of the Malvern Brick and Tile Co ., and devoted his time exclusively to that business. He was a Catholic; and is survived by his wife, his mother, one daughter, 2 brothers and 2 sisters. MtSS ZONOLA LONGSTRETH 1903-1972 Miss Zonola Longstreth , a retired Lawyer, died in Little Rock on July 8th. She was born in Muscatine, Iowa, but the family moved to Little Rock while she was still at an early age. She graduated from the Arkansas Law School in 1922, and began the practice of the law by virtue of a special act of the Legislature which removed her age disability. She was past president of the Arkansas Business and Professional Womens Clubs, and also a member of the Arkansas and American Bar Associations. Miss Longstreth was a Methodist and a member of the Women's City Club of Little Rock . She is survived by four brothers all of Little Rock.

JUDGE E. D. McGOWEN 1895-1972 Craighead County lost a long time citizen in the death of Eagle Dean McGowen on June 26th. He was born in Craighead County on July 21, 1895, and was admitted to the bar after private study. After living in another part of Arkansas for several years, he returned to Jonesboro in the 1930's and served as Deputy Prosecuting Attorney and as Municipal Judge. Judge McGowen was a veteran of W.W. I, and for many years was the service officer of the American Legion Post in Jonesboro . He was a Baptist, and is survived by his wife, 1 daughter, 3 stepsons, 2 brothers, 1 sister and 11 grand children . JUDGE AUDREY STRAIT 1892-1972 The Arkansas Judiciary lost one of its great trial judges in the death of Judge Audrey Strait on July 9 , in Morrilton . Judge Strait was born in Yell County in 1892. the son of Hon . W .P. Strait, a well known Lawyer. The family moved to Morrilton about the turn of the century, and Judge Strait attended the college that is now Henderson State College, and also attended the University of Michigan Law School. He was a 1st Lieut. in W.W. I. In 1919 he was admitted to the Arkansas Bar. Among other offices held by him were: Mayor of Morrilton, Prosecuting Attorney, State Legislator; and he was Circuit Judge from 1938 until his retirement in 1962. Thereafter, he served on the State Judiciary Commission and the State Jury Instruction Commission . Judge Strait was a Methodist and a Rotarian . He is survived by his wife, one son , 3 step-sons, 3 grand children, and 2 great grand children .

PAGE 215

I hold every man a debtor to his profession; from which as men (they) of course do seek to receive countenance and profit; so ought they of duty to endeavour themselves by way of amends, to be a help and ornament thereunto. -BACON, Maxims of the Law: Preface

It can be said truly that J . C . " Jack" Deacon has graced the legal profession. Certainly, he has more than discharged his debt to the profession as described by Bacon so many years ago. J. C. " JAC K" D EACON

While space limitations preclude a full recital of hi s endeavors - these are noted ....

• President Conference of Local Bar Associations

• State Delegate American Bar Association

• President, 1970-71 Arkansas Bar Association

• President Craighead County Bar Association

• Director Arkansas Bar Foundation

• Chairman Past Presidents Committee

• Commissioner Nationa l Conference of Commissioners on Uniform State Laws

• Chairman Arkansas Commission on Uniform State Laws

• Chairman Section of Bar Activities American Bar Association

• National Chairman Award of Merit Committee Amer ican Bar Association

PAGE 216

THE ARKANSAS LAWYER

I. 1:. liE II

1:".

(Delivered at the 73rd Annual Meeting of the Arkansas Bar Association, and reported in 25 Arkansas Law Review, Fall 1971, Number 3, pages 391-395) Too often, a president's report is given to a few in a general assembly or lost in some proceedings . One of the fine services of the Arkansas Law Review is the continued publication of the addresses of the Arkansas Bar Assoc iation Presidents. Since the subscription to the Arkansas Law Review is included with one 's dues in the Association , every member has ready reference to these addresses. To fully appreciate the Associat ion 's full program and the contributions of its Presidents, the member should review the various Presidents' reports . A good place to begin is with President J. C. Deacon 's report in 25 Arkansas Law Review . Again , it is not poss ible to re c ount here all of the many accomplishments of the Arkansas Bar Association during President Deacon 's tenure of office . It is sufficient to note that the following were inc luded• Association 's involvement of the law student ; • Workshop program for the Implementation of the Standards for the Adm inistration of Criminal Justice ; • Effort to restructure the Association toward democratization ; • Disciplinary Enforcement project ; • Enviro nmental law research project ; and • Successful legislative program.

Ag Jal!k Dllal!on hag gO honorlld hig profllggion. WII IIndllavor hl!rl! to honor him , , , , , , , Complim ents of

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ARKANSAS THE ARKANSAS LAWYER

74th Annual Meeting Proceedings May 31, June 1-3, 1972 Arlington Hotel, Hot Springs, Arkansas Published he rewith is the pictorial presentation of the 74th Annual Meeting Proceedings . The President's Report by the Honorable Paul B. Young , Association President for 1971-72, will appear in the Fall 1972 issue of the Akrnasas Law Review . The 1972-73 Committee Directory is published in the July 1972 issue of The Arkansas Lawyer, along with the featured address, " Human Pollution . .. The Corrections Problem ", by the Honorable Richard J . Hughes . The other major addresses will be published in subsequent issues of The Arkansas Lawyer.

Chairman E. Harley Cox , Jr. Annual Meeting Committee

PRESIDENT'S RECEPTION 6:30 P .M. - 8:00 P.M . MAY 31 , 1972 Continuing the recent successful innovation , the President's Reception was held Wednesday evening - and was attended by some 500 members and guests . The receiving line included Association President Paul B . Young and his wife Marcella ; Association Secretary -Treasurer Robert D . Ross and his wife Fran ces ; Chairman James E. West of the Asso ciation's Executive Committee and his wife Doris.

Paul B . Young with President Calvin E. Hardin , Jr. of the Louisiana State Bar Ass ociation

Marcella Young with Past President U.M . Rose of the New Mexico State Bar Association. Mr. Rose is the great grandson of U.M . Rose, First President of the Arkansas Bar Association SEPTEMBER , 1972

PAGE 219

PHOTO

Hiqhlights

PAGE 220

The nationally renowned Pine Bluff Singers, under the direction of Richard Smith, entertained at the Reception .. . .. .

THE ARKANSAS LAWY ER

FOUNDATION LUNCH EON NOON JUNE 1, 1972

This affair was in effect the opening session of the 74th Annual Meeting

- THE HEAD TABLE PERSONAGES--

[ Philip Anderson

Edward Lester

Paul B. Young

Stephen Matthews

John A. Fogleman

John F. Stroud, Jr.

Richard J . Hughes

Chairman Stephen A . Matthews of the Arkansas Bar Foundation presided .

President Paul B . Young of the Arkansas Bar Associa tion gave the welcome .

Mr. Young

Mr. Matthews

Justice John A. Fogleman of the Arkansas Supreme Court gave a meaningful invocation - stressing the great importance of the 74th Annual Meeting on two counts, (I) the development of the Foundation's new Bar Center complex, and (2) the Inaugural Meeting of the House of Delegates in the democratization process of the Association . Justice Fogleman

SEPTEMBER,1972

Luncheon PAGE 223

Perhaps the highlight of the entire 74th Annual Meeting was the address by Chairman-Elect Edward Lester of the Arkansas Bar Foundation , who also serves as Chairman of the Association's and Foundation's Building Committees. He spoke on "The New Bar Center" from conception to inception. He received a standing ovation. His address will be reported in a subsequent issue of The Arkan sas Lawyer, which will be devoted to the development of the new Bar Center.

Mr. Lester

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GENERAL ASSEMBL Y

2:00 P.M. June 1, 1972

The Honorable Paul B. Young , President of the Arkansas Bar Association presided .

The Honorable Henry Woods, Association President-Elect, introduced the speaker.

Messrs. Young-Hughes

Mr. Woods

The Honorable Richard J . Hughes spoke on "HUMAN POLLUTION THE CORRECTIONS PROBLEM ," receiving a standing ovation .

Mr. Hughes

PAGE 224

He is now serving as Chairman of the ABA Go mm ission on Correctional Fa, dities 2 d Services. He was an Assistant J.S. Att orney for six years, Judge (County , Superio r and Appellate) for some ten years, and New Jersey's Governor for eight years. He is now in private practice . The text of his meaningfu I address h as been published in the July 1972 issue of The Arkan sas Lawyer, pages 140-143.

Ass embly

THE ARKANSAS LAWYER

The Arkansas Bar Association again is indebted to the Pulaski County Bar Association , and in particular to Gridiron Chairman Griffin Smith for the entertainment highlight of the 74t h Annual Meeting.

GRIDIRON ' 72 6:30 p .m . June 1 , 1972

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Gridiron '72 was, by all standards, a smashing success. The cast included : Charles Baker

Sid McCollum Bob Cearley

Jim Rhodes B. S. Clark

Phil Ragsdale Skip Henry

Chris Barrier Gordon Rather Bill Wilson Jack Williams

Guy Amsler

Herbert Rul e Charlotte Brown Arthur Murphey Nona Watson John Bilheimer

Bill Blair

Barbara Amsler

Les Hollingsworth

John Gill

W. R. Butler Bill Lalferty

Gayle Windsor Griffin Smith Mary Storey

Cita Cobb John Cobb

Joel Cole

Dav id Henry

Buddy Cole

Dale Price Dean Morley

John Plegge Mary Bowen

Ruth Morley

Sarah Cearley JoLuck Wilson

John Ward Selinda Williams Phil Dixon

Ouida Butt Denl Gitchel David Bogard John Grissom Dale Bumpers

CREDITS Margaret Carner - Director Betty Fowler - Musical Director Dot Callanen - Choreographer Joe Carner - Stage Manager Daniels House of Costumes Mildred Smith - Costume Creation and Design

Bo Marshall - Sound and Special Effects Merle Norman - Make-up Nona Watson - Program Art Design

PAGE 225 SEPTEMBER,1972

Annual Banquet 8:30 P.M . June 1, 1972

Mr, Paul B , Young presided , Reverend Ed Matthews, Pastor of the Lakeside United Methodist Church of Pine Bluff, gave the invocation . Mr. Stephen A , Matthews presented the two prestigious Foundation Awards for "Outstanding Lawyer" and "Outstanding LawyerCitizen " for the year to Mr, Herschel H, Friday and to Mr, J , L, " Bex " Shaver, respectively , M r , Friday

Mr , Young also The Honorable The Honorable The Ho no rab le The Honorab le

Mr. Shaver

recognized the Association 's new Senior Members __ _ Joe Barrett of Jonesboro J , G , Ragsdale of EI Dorado R, L. Searcy, Jr, of Lewisville John D, Thweatt of DuValis Bluff

The An nua l Dance followed with the " Common Good" furnishing uncommonly good music ,

General Assembly 10:00 A.M. June 2, 1972

The Honorable John C, Lile , III , Chairman o f the Young Lawyers Section , presided , The debate was under the Section's auspices and concerned the "no-fault" automobile insurance problem :" RESOLVED , it is imperative that the Arkansas Legislature adopt a Florida -ty pe ' no-fault' plan in 1973," AFFIRMATIVE : DONIS HAMILTON DAVID N, LASER

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Messrs . Hamilton , Laser

PAGE 226

NEGATIVE : ROBERT B, LESLIE ROBERT L. HENRY, III

Messrs. Leslie, H enry

THE ARKANSAS LAWY ER

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The Friday Luncheon during the 74th Annual Meeting of the Arkansas Bar Association was under the auspices of the Arkansas Association of Women Lawyers.

KEYNOTE LUNCHEON NOON JUNE 2, 1972

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Dorine Deacon

Frances D. Holtzendorff

Robert w. Meserve

Cloy teen Roberts

Mrs . R.W . Meserve

President Cloy teen Roberts of the Arkansas Association of Women Lawyers presided . Frances D. Holtzendorff gave the Invocation. Immediate Past President J . C. Deacon of the Arkansas Bar Association introduced the soeaker. The Honorable Robert W. Meserve, President-Elect of the American Bar Association, spoke on "The Public Profession of the Law ." Mr. Meserve

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• ABA Delegate 1961-72 • President, Boston Bar Association 1963-65 • President, American College of Trial Lawyers 1968-69 • Fellow , American Bar Foun dation • Chairman , ABA Resolutions Committee 1967-68 • Director, American Judicature Society 1966-72 • Member, many Bar and Civic groups • Partner, Nutter, McClennen & Fish Law Firm of Boston • ABA Presiden t-Ele c t 1971 -72

J. C. " Jack" Deacon

The Reception , honoring Henry and Kathleen Woods, was held on the poolside deck. Som e 500 members and guests attended the affair.

President-Elec t' s Recept ion 5:00 P.M . June 2, 1972

Committee Meetings 8:00-9:00 A.M . June 2, 1972

The Woods

An innovative scheduling of over

25 committees for their meetings at individual tables in the Convention Center resulted in fine atten dance . Committeemen and Asso ciati on officers were able to attend a number of meetings during the period . Continental Breakfast makings were available in the ad joining Ho spitality Ro om .

SEPTEMBER , 1972

PAGE 229

INAUGURAL MEETING HOUSE OF DELEGATES

2 :00 P.M . JUNE 2, 1972

AFTERNOON SESSION President Pau l B. Young o ff icia lly ca ll ed into session the fi r st meeting of the House of Delegates of the Arka nsas Ba r Association , and introduced Speaker Ray S. Smith, Jr. of the Arkansas House of Represe ntatives as Pa rli amentarian .

M r Youn g

Mr. Smith

Chancello r Thomas F. Butt of Arkansas' Thirteenth Circuit commenced the meeting by leading the Delegates in prayer __ _

"Our Heavenly Father, we humbly invoke Th y kind bene ficence and You r continued assistance in t~e de li berat ions and worki ngs o f th is House. We are mindful that this H ouse and the larger organization of w hic h it is a

part occupy but a small place in Your larger sche me of things, b ut we are also mindful that as working lawyers we do exercise a measu re o f influen c e and effec t upon the fortunes of a land , a people , and a government o f free people under law ; and to the end Father , we do invoke Thy guidanc e so that it may be said of this House and its successors, as wit h essayist Tennyso n. that there is no virture so truly great and Godlike as justic e.

Judge Bull

And that i t may equally be said of this Ho use and its successors , as with the Pro phet M ic ah . wh o gave us this injunction , 'And what doth the Lo rd require o f thee but to d o justice and to love mercy and to wa lk hu mbly wi th thy Lo rd '. To these ends, Father. we ask Thy aid so that we may erect a standard to which th e wis e and honest may repair . The event is in the hands of Go d . Amen ."

PAGE 230

THE ARKANSAS LAWYER

AGENDA Ag end a items a re num bered seriatim.

1. Secretary-Treasurer Robert D. Ross certified the election of the House of Delegates. (Note: the Delegates are listed by Delegate Districts in the Arkansas Bar Association Directory 1972-73, on page 165 of the July 1972 issue of The Arkansas Lawyer.) 2. The drawing for delegate terms of office , i.e., one , two or three years, was held . Mr. Ross

3. President Young next gave his President's Report (applause with standing ovation) . 4. The Delegates next adopted the Rules of Procedure for the House of Delegates.

5. The Secretary-Treasurer's Report for t970-71, as audited by the Audit Committee and E.L. Cullum and Company, was approved. The report reflects an increased of some $4,500 over members ' equity at end of previous fiscal year. Mr. Ross also noted that Association membership had increased during period , May 1971 - May 1972, from 1,496 to 1,579. 6. President Young presented to Mr. Ross a plaque with the following inscription , "The Arkansas Bar Association honors Robert D. Ross for his dedicated and distinguished service as its Secretary-Treasurer, 1969 to 1972." 7. Mr. Herschel H. Friday of Little Rock was certified as having been duly elected as the Association 's Delegate to the American Bar Association 's House of Delegates .

Mr. Friday

8. Chairman Murray Claycomb of the Jurisprudence and Law Reform Committee reported the procedures adopted for the handling of proposed legislation for the 1973 Arkansas Legislative Session . His Committee will act as the " funnelling agency " for proposals by committees or members of the Association . Proposals will be submitted to the new Executive Council and , in turn , to the House of Delegates at its Special Meeting on September 21, 1972 for approval or rejection. The Legislation Committee then assumes responsibi lity for getting the proposals passed and enacted into law . The Association will employ for about 4 months a full-time liaison director to effect further steps in this process, and to review all proposed legislation . He will prepare weekly reports during the Legislative Session on pertinent items and a final report at the end of such Sessi on. The Schedule provides for submission of proposals to Chairman Clayc omb by July 31 ; to the Executive Council by August 31 ; and to the Delegates in advance of the September meeting . Mr. C layco mb

SEPTEMBER , 1972

PAGE 231

9. Mr. J .L. " Bex " Shaver reported for the Automobile Insurance Committee (Report published in full in July 1972 issue of The A rkansas Lawyer) .

10. Chairman Maurice Cathey of the Resolutions Committee next reported on the proposed resolutions . Mr. Shaver

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11. Following discussion, the following were adopted by the Delegates:

Resolu tion 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 rig hts guaranteed by the Constitution of the State of Arkansas . The Association would support an equitable and economically feasible plan which preserves these constitutional 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 ins urance and the correction of any defects which may exist in the administration of the present tort liability system .

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Resolution No. 2 BE IT RESOLVED BY THE HOUSE OF DELEGATES OF THE ARKANSAS B A R 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 before Congress. 12 . The noti ce requirements on Resolution No. 3, concerning Judicare . were not waived by the Delegates . The House adjourned at 4:05 p.m. to reconvene at 9:30 a.m. , June 3, 1972.

MORNING SESSION President Young called the House of Delegates to order at 9:30 a.m., June 3. 13 . Secretary-Treasurer Ross called the roll , and then announced the membership of the Executive Council from the State Bar Districts (Note : the Executive Council is listed in the Arkansas Bar Association Directory 1972-73. at page 164, July 1972 issue o f The Arkansas Lawyer) . 14 . President-Elect He nry Woods announced the completion of his co mmittee appointments f or 1972-73 (Note : see Directory).

PAGE 232

THE ARKANSAS LAWYER

15. Mr. James E. West of Fort Smith was ce rtified as being elected to office of President-Elect.

16. Mr. James M. Moody of Little Rock was elected Secretary Treasurer for 1972-73 .

Mr. West

Mr. Moody

17. T he De legate s approved the contin ued existence of all current Special Committees, and rested authori ty in the Executive Cou nci l to act for and o n behalf of the H ouse of Delegates in the interim betw een all meetings of the House durin g 1972-73. 18. T he Association Budget for 1972-73, as approved by the Executive Committee , was approved . 19. Past Pres ident J.L. Shaver co mm ented th at the House of Delegates was a democratic form of government fo r the Association , and expressed the hope that the members will become more active and responsive to the public. (Applause, standing ovation .)

20 . Incoming Chairman John P. Gill of the Constitutional Refo rm Committee submitted the following Resolution : Resolution No. 4 WH ER EAS , there is now pending before the Arkansas Supreme Court the case of Bryant , Secretary 01 State, versus Renkin , et ai, No. 6005 , in which there is in issue the question of the right of the General Assembly to submit constitutional amendments to comprehensive revision of an entire article of the Constitution o f Arkansas ; and W HEREAS , it is apparent that the revision of the major articles o f the Constitution is desirable and necessary to obtain needed improvements . NOW , TH EREFO RE , BE IT RESOLVED BY THE HOUSE OF DELEGATES O F T HE ARKANSAS BAR ASSOCIATION : T hat, one , the Arkansas Bar Association throug h its Constitutional Reform Committee seek approval o f the Arkansas Supreme Court of the filing of an amicus curiae brief urging the pOSition that comprehensive article-by-art icle amendments are approved . SEPTEMBER , 1972

M r. G ill

PAGE 233

Secondly, the cost of the preparation of said brie f be authorized as a proper expense of said committee . Notice requ irements were waived and the Resolu tion was approved by the Delegates .

21 . Outgoing President Young int r o duced inc o ming President Henry Woods, and presented him with the gavel of office. 22 . Mr. Woo ds then presented Mr . Young with a plaque inscribed with the fo llow in g : " The Arkansas Bar Association hono rs Paul B. Young for his ded icated and distinguished service as its President 1971-72."

M r. Woods

23 . President Wo ods next announ c ed the appointment of James B . Sharp of Brinkley as Chairman of the Executive Council. Chairman Sharp resigned hi s position as Delegate from the 11th Delegate District. Mr. J .W . Green o f Stuttga rt was e le cte d to fill the vacancy . Chairman Sharp reviewed various re sponsibi lit ies o f the H ouse of Delegates and the Executive Council in stressing the new democratic processes of the Association . 24 . The apprec iation of the H ouse of Delegates for the services rendered by Parliamen ta ri an Ray Smi th and Chairman Shaver of the former Re o rgani zation of the Bar Co mmittee were duly expressed and noted .

Mr. Sharp

25 . There being no further business, President Woods declared the Inaugural Meeting of the House of Delegates adjourned at 10:35 a.m., June 3, 1972. (Note : Th e Rep ort of Proceedi ngs of the Inaugural Meeting of the House of Delegates of the Arkansas Bar As sociat ion , June 2-3 , 1972, during the 74th Annual Meeting of this Association , is avai lable for inspection at the Bar Cente r, 408 Do naghey Building , Little Rock , Arkansas.) PAGE 234

THE AR KANSAS LAWYER

ADDITIONAL PHOTO HIGHLITES 74th ANNUAL MEETING ARKANSAS BAR ASSOCIATION May 31 , June 1路3, 1972

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Introducing A Better Bond Service For Arkansas Attorneys

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John D. Coo k, Jr.

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Mi chaet H. Kehres, C.P.C.U.

It is well that judges should be clothed i n robes , not only, that they who w itness the administration of justice should be properly adv ised that the function performed is differen t from, and higher, than that wh ic h a man d isc harg es as a citizen in the ordinary walks of life ; but also, in order to impress the judge himself with the constant conscio usness that he is a high priest in the temple of justice and is surrounded with obligations of a sacred character that he cannot escape and that require his utmost care, attention, and self-suppression. -William Howard Taft

Arkan~a~ ~uprl!ml! wl!ar~ hi~ robl!~

Court Judicl! John A, Fogll!man humbly and WI!ll ...

WI! arl! proud that hI! i~ a ml!mbl!r of our a~~ociation .

THE CRITTENDEN COUNTY BAR ASSOCIATION PAGE 238

THE ARKANSAS LAWYE R

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One hu ndred years of history of this County has passed. It is a wonderfu I history. So, we are assembled here today to relive in our hearts and memory the history of this beautiful County, as reflected by the lives of our forefathers, and the homes and places they established . We pay our loving respect to the memory of these places, which are full of years , and full of honors. These places were not established by our forefathers with no other ambition " than just to live in history." They were established by people like you and me . They traveled the dusty and muddy roads, they cleared the lands, built their homes, and churches, and raised their families, and fought to maintain their ideals, and left to us a society in which free people may pursue their destiny, according to their conscience and God's purpose in their lives. I am sure if each of our forefathers could say anything to us today they would say: " Life has been good; the spirit must be me That lives and loves and serves, eternally! " We can truly say that today the spirit of our forefathers does live , love and serve in the hearts of the people of Cross County. (Summation by J. L. "Sex" Shaver in his Civil War Com-

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PAGE 240

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LITTLl ROCK

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OLD PLACES IN CROSS COUNTY - - Headlines from the front page story by J. L. " Sex" Shaver in The Wynne Progress of Wynne , Arkansas for Thursday, June 22, 1961. The part on Wynne follows - --

The city of Wynne was incorporated by an Act of the County May 28 , 1888. The city was near the center of Cross County. at the junction of the Helena

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and Memphis bran ches of the Iron Mountain Railway. The first house was built in 1883. In June of the same year B. B. Merryman started the first store, and soon after, Mr. Austell received the commission as first Postmas te r. Histo ry records that the people of Wynne were very active and enterpris. ing , for. in a short space of six (6) years they had cleared the timber from the land and built their town . Its streets were lined with many neat and tasty reSidences, some of which wou ld be a credit to a much older and larger town . When the town was in -

corporated it had a population of 400, and by 1890 it had a population of 1,000 inrapidly. There were three (3) churches , - Methodist, Presbyterian , and Baptist, with one good Chu rch edifice; a public school, with attendance of about 150 pup ils. The County Seat was moved from Vanndale to Wynne in 1903. At first, the business in the old Opera House on South Front Street. later in a Church . The present Courthouse was erected in 1905. Wynne has rema ined as the County Seat of Government since that date.

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SEPTEMBER 1972