SEPTEMBER 1973

SENATOR

J. William Fulbrllht

September 1973

r

It IS often said no man is a hero to his valet. There are very few valets In the world today, but as a lunior member of a committee one sometimes approaches thaT role In this regard, our chairman IS very much a hero in my eyes, and In the very real sense of the word when "hero " combines the quality of courage With Integnty From a professional point of view, as I believe the only former American Foreign Service officer ever to have served in the Senate, I would doff my hat to the chairman for his In-depth of knowledge of the history and background of foreign affairs, for his diplomacy, and for his awareness of the problems that our diplomatists face abroad.

Senator Claiborne Pelt, Rhode Island

~ FIRST NATIONAL BANK IN LITTLE ROCK

,

SEPTEMBER , 1973

VOL. 7, NO . 4

THE OFFICiAl PUBLICA liON OF THE ARKANSAS BAR ASSOCIATION

OFFICERS James E. West, President James B. Sharp, Vice President James M. Moody. Secretary-Treasurer

EXECUTIVE DIRECTOR C. E. Ransick

EXECUTIVE COUNC IL Thomas F. Butt Douglas O. Smith, Jr. Robert Hays Williams Otis H. Turner Herman Hamilton , Jr. John A. Davis, III W. D. Murphy, Jr. Julian 8 . Fogleman David Solomon John P. Gill Guy Ams ler, Jr. Leonard L. Scott

Ex-Officio James E. West James B. Sharp James M. Moody Henry Woods William R. Wilson Dale Price

EDITORIAL COMM ITTEE Robert D. Ross Philip E. Dixon C . E. Ransick September, 1973

(§Ie

Arkansas Lawyer SPECIAL FEAlURES Prepaid Legal Services ............ Judge James K. Groves 188 ABA News..... .......... . ......................... 187 Fall Legal Institute............. . ..................... 185 Committee Directory ................•.•.......•........... . 192 Senator J . William Fulbright ............ . .............. 209

REGULAR FEA l URES Cover Story: J . William Fulbright. ....................... 209 President's Report.. . . . . . . . . . ........ James E. West 179 Juris Dictum ................................... C. R. Hu;e 182 Oyez - Oyez. .................. .... . ............ 180 Executive Council Notes... .James M. Moody 181 Lawyer's Mart ..........•..... . .......... 180 Service Directory ............ . ....................... 181

Published bi-monthly by the Arkansas Bar Association. 408 Donaghey Bldg _ __ Little Rock, Arkansas 72201. Second class postage paid at Little Roc ~ Arkansas. Subscription price to non-members of the Arkansas B ~ Association $6.00 per year and to members $2.00 per year included in arll. _ _ nual dues. Any opinion expressed herein is that of the author, and n,c::._ ,= necessarily that of the Arkansas Bar Association , The Arkansas Lawyer, ~ __ the Editorial Committee. Contributions to the Arkansas Lawyer are we'co rr.- ~ and should be sent in two copies to the Arkansas Bar Center, 408 Donagh ~ Bldg .. Little Rock, Arkansas 72201.

All inquiries regarding advertising should be sent to Advertising Depa -"menl, Arkansas Lawyer, Post Office Box 4117, North Little Rock, Arkans 72116.

_t:

s age 177

What is better than one association endorsing a form of Keogh plan?

Two associations.

Because the Arkansas Bar Association endorses the ABRA Retirement Plan, you can participate whether or not you belong to the American Bar Association, which sponsors the Plan.

All the tax benefits of HR路10 law are available under the ABRA Retirement Plan, such as current 100% federal tax deduction on as much as $2500, plus significant tax deferral on amounts contributed and any earnings thereon.

Other features include: FLEXIBILITY You have the choice of allocating your contributions to either a Fixed Income or Equity (common stock) Account, or any co mbination of both. Through

December 31 , 1973 , the Fixed Account will earn interest at an annual guaranteed rate of 8 1.4% (before expe nses) .

Previously invested money may be reallocated from one Account to the other at no charge and without

incurring any tax liability . once in any calendar year.

At retirement, you select one or more forms of pay路 ment such as single sum distribution , annual install路 ments, and fixed or variable annuities.

LOW EXPENSES Your funds may be invested on a " no-load" basis, except for a one-time enrollment fee and certain additional charges where owner-employees are not

members of the ABA. Expense charges based o n the combined value of the Fixed and Equity Accounts may not exceed Ih of 1%. For each parti cipant, the administration fee is $2 per quarter.

PROFESSIONAL ADMINISTRATION AND MANAGEMENT The Equitable Life Assurance Society provides pr om pt, efficient enrollment and administrative services, professional management of invest ments, and pays all benefits.

, - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- -,

Please send me full information on the ABRA Plan, including a prospectus . I understand no salesman will call.

,

R e turn this coupon today

for details of the only A BA -sponsored HR路I0 ("Keogh 00) Plan, the Plan also endorsed by the Arkansas Bar Association.

Name _____________________________________________________ Street Address ____________________________________________

City _____________________ State _ _____________

Zip _______

No obligation, of course.

American Bar Retirement Association Retirement Plan Box 2457, G.p.a., N.Y., N.Y. 10001

,,

I I _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ ___ _ J

Page 178

The Arkansas Lawyer

P.ISIIIIT~S

BEPOIT

by James E. West

The theme I want to emphasize this year is that each of us is in a position to say, " I am proud to be a lawyer !" Under the leadership of Henry Woods we have just completed a remarkable year of accomplishments by Arkansas lawyers, and we have every reason to be proud.

Our first major project of the new year is the series of trial practice seminars in 8 cities throughout the state : Fort Smith, Fayetteville, Texarkana, Little Rock , Pine Bluff, Jonesboro, Forrest City and EI Dorado. At the time this report is being w ritten we have just con c luded the first seminar, which was held in Fort Smith , and it was a tremendous success.

These seminars will enable every lawyer in the state to attend without having to travel an excessive distance. I plan to attend each of the seminars on behalf of the Arkansas Bar Association and will welcome ideas, suggestions and constructive criticism from any member of the Association .

The constructi o n of our new Bar Center is on schedule, and it is imperative that we co mplete the Memorial Fund Drive and the General Fund Drive as soon as possible. I earnestly request the help of each of you in concluding these drives so the Arkansas Bar Foundation will have sufficient funds to meet its cash obligations with reference to the Bar Center and to have long term funds sufficient to have a worthwhile scholarship and research program.

It is my pleasure to report that the Disaster Legal Services Program spearheaded by the Young Lawyers Section and helped by other members of the Association has been a tremendous success and has served a great need in the Jonesboro area. We are currently studying the need for a small scale program in Crawford County, Arkansas , which also had Significant tornado damage.

The Fall Legal Institute wilt be hetd at the Sheraton Inn in Little Rock on September 19, 20 and 21 , and will feature videotape presentations relating to trial practice ; new Arkansas legislation affecting lawyers ; workmen 's compensation and maritime law .

The mid-year meeting of the Association will be held in January at the new Camelot Inn which is adjacent to the new Bar Center. The highlight of the meeting will be the dedication of the Bar Center, and the featured speaker w i ll be Judge Roger Traynor, who is one of the outstanding jurists of our era and has been compared in stature with such outstanding jurists as Justice Benjamin Cordoza, Justice Oliver Wendell Holmes, and Judge Learned Hand.

A majority of the members 01 the Association have contributed financially to the new Bar Center and consequently have a strong interest in the formal opening of the Center. I urge every lawyer to mark his or her calendar immediately for the dates of January 9-12,1974, and tet nothing prevent attendance at this historic, once-in-a-lifetime, event.

We are emphasizing committee work this year, and we are doing everything reasonably possible to help each committee serve its important role in the Arkansas Bar Association . We have placed law students on a number of the committees and believe this will be mutually advantageous to the students and to the Association, permitting the students to gain from the experience of working with practicing attorneys, and permitting the Association to have the benefit of the energy and ingenuity of the students.

With the help of each of you we expect to have another fine year of achievement for the Arkansas Bar Association . !J . . ~ ~

September, 1973

Page 179

William K . I.ch opened his new office at Mountain View. James B . Wat son is now associated with Clark & McNeil in Conway. Senior Member N. J . Gantt , Jr. of Pine Bluff has been designated a " Distinguished Alumnus of Hendrix Co llege" . He graduated in 1898. The Arkansas Supreme Court appointed to the new Client Security Fund Committee the following: W . J .

Jackson, Jr., John W . Mann, Jr., J . E. Lightle, Jr., Roy E. Danu.er, and James H. Pilkinton. Jame. A . John son, Jr. is associated with Wright , Lindsey & Jennings. Larry Patterson of Hope addressed the local Kiwanis Club on Law Day . S. R. .. Ro ....

Nelson recently retired as Lt. Colonel.

JAGC . after 26 years of service ,

Searcy was a Law Day speaker at the local Lions Club meeting. Eubanks , File. & Hurley o f Little Rock opened a branch office in Jacksonville, Lewis Smith o f EI Dorado is a new Assistant Attorney General. James C. Hale, Jr. and Joe M. Rogers are added partners in Hale, Fogleman & Rogers of West Memphis. Larry W . Chandler of Magnolia has returned from New Zealand where he was a member of a group-study exchange team. James Russell Green is now associated with Holmes . H o lmes & Trafford of Pine B luff. Herman L. Hamilton, Jr. of Hamburg has been appointed to the Board of the Crossett Health Foundation . Gibbs Ferguson of McGehee is now on the Execu tive Board of the Arkansas Commission on Crime and Law Enforcement. James C. Hale of West Memphis and Fred M . Pickens, Jr. of Newport have been inducted into the Fellowship of the American College of Trial Lawyers. William C. Rea is now associated with Thomas M . Bramhall in Little Rock . Lester and Shults have moved to the Worthen Bank Building in Little Rock . Robert M . Cearley , Jr. and W. Dent Gitchel are a new law firm wi th offices in the Tower Building in Little Rock . Henry Wood. of Little Rock is the new Chairman of the Arkansas Supreme Court Committee on Jury Instru ction , replacing Judge Paul Woffe. Paul D. Gant has opened his office in Van Buren. Neva B . Talley will serve as a member of the Committee on Hearings of the ABA's House of Delegates. Joe Barrett celebrated his 30th year as a Commissioner of the Conference of Uniform State Laws,

been named a Fellow in the Inst itute of Politics in Arkansas. H. Derrell Dickens of EI Dorado is now general

H. Darrell Dlckans

counsel for Li on Oil Company, Ken F. Calhoon and Michael E. Mo.. are new members of the firm of Johnson & Associates , Ltd., and Steve Choate has become counsel to the firm . Rich路 ard J. Orinlas , formerly of Howell, Price, Howell & Barron , is now associated with Jerry W. Faubus, Union National Plaza, Little Rock , Arkansas . in the general practice of law . R. David Lewis has his new offices in Ihe Westpark Building at 12th and Rodney Parham . "',

'"

Lawyers' Mart Classified Ad Rate 20 cents per word each insertion$3.00 minimum

FOR SALE receiving the Army Commendation Medal (3d OLC). Gerland Patten of Little Rock is the new Arkansas TLA President : Walter Niblock of Fayetteville, the Vice President ; and D. Michael Huckabay of Little Rock, the secretary-treasu rer . Judge Richard Mobley of Russellville is serving as a faculty advisor for the National College of State Judi ciary. Judge George K . Cracraft o f Helena will attend one of the NCSJ 's su mmer post graduate courses , Tom Jacoway and John Lisle are now Lisle & J ac oway in Springdale . Joe Woodward of Magnolia is a new member of the State Board of Law Examiners. succeeding Otis Turner of Arkadelphia, now Judge of the new Division of the 8th Chancery Circuit. Cecil Tedder of Page 180

ALR (1st . 2nd , 3rd series) complete with case services , index , etc . Also glass front globe - Wernicke bookcases , Thom as J. Bonner, Little Rock , Box 791 , 372-4106 .

FREE DIES AND PROOFS

Joe Barratl

the longest tenure in the U.S.A. J. L. " Bex " Shaver recently addressed 35 persons from 20 different countries , who completed natura lizat ion requirements , concerning citizenship.

Herby Branscum , Jr. of Perryv ille has The Arkansas Lawyer

EXECUTIVE COUNCIL NOTES

By James M. Moody Secretary·Treasurer With the adjournment of the Legislature and the accomplishment of a highly successful legislative program, the Executive Councit has turned its attention to other important projects, the most notable of which has been completion of the fund drive for the new Bar Center which will be formally dedicated in January, 1974.

The response to this drive has been gratifying but the members of the Bar Foundation report that there is still a need for additional funds to fulfill all of the programs and goals of the Foundation.

At the May meeting, the Council voted an expenditure of $500.00 to complete the Client Security Fund which is presently in operation under the administration of the Arkansas Supreme Court.

At this same meeting, Bill Allen outlined a new program organized by the Young Lawyers Section to provide legal assistance to the tornado and flood victims in the State. Many members of the Bar, and not just young lawyers, responded to the call for

volunteers and the program was greatly appreciated by those persons who received the assistance.

At the June meeting at the Arlington Hotel the chairmanship of the Council was passed from James Sharp to Dale Price who will serve during Jim West's presidency.

As part of his program , Jim has planned regional trial practice seminars around the State utilizing the video tapes used at the past MidWinter meeting. Several of these seminars have been conducted and are well attended .

The Arkansas Bar Association was given one free trip on the Mediterranean cruise by the travel agency which the Council awarded to Colonel C. E. Ransick in recognition of his outstanding service to the Association.

A resolution was approved by the Executive Council and later adopted by the House of Delegates which would extend the provisions and eligibility of the Keough or retirement plan for professionals.

Plans have been completed for the Fall Legal Institute to be held at the Sheraton Hotel in Little Rock on September 20 through September 22. The program includes two sessions uSing. the video tapes, a session on workmen 's compensation and maritime law and a session on recent legislation.

Judge Mehaffey wi ll be honored at a reception Friday night in recognition of his apPOintment to Chief Judge of the Eighth Circuit Court of AppealS. The new Bar Center will be ded icated during ceremonies at the MidWinter meeting January 10 through January 12. An outstanding slate of speakers has been planned for the occasion by Phil Anderson .

The annual meeting will feature a program on legal economics and Cui Pearce and his com mittee are making the arrangements .

Membership remains high in the Association with a net membership of 1,784 as of June 6 which is an increase of over 200 during the past year. :/,

"'-

Service Directory FAULKNER COUNTY ABSTRACT CO .

MEL VIN E. FRY

Robert M. McHenry, Manager • Abstracts • Copying and • Title Insurance Duplicating • Laminating Service Service Over 60 Years Service 13 Oak St. • Phone 329·2631 Conway Ark.

225 -2914

AN ECONOMIC APPROACH TO TOP QUALITY PARA · LEGAL ASSIST ANeE

I

PARAGON Printing & Stationery Company has been printing BRIEFS for over 35 years.

May we be of service to you?

311 East Capitol 375·1281 Little Rock September, 1973

BEACH ABSTRACT & GUARANTY COMPANY REPR ESENTI NG : COMMERCIAL STANDARD TITLE INS. CO. ABSTRACTS - ESCROWS - TITLE INSURANCE 213

w. 2nd St. - Little Rock, Ark . - FR 6·3301 Page 181

JURIS 0 ICT UM b y C. R. Huie Exec ut ive Secretary . Judicial Departm ent

Th e last iss ue of The Arka nsas Lawyer co n tain ed the first p ort io n of an address by Ro bert J. M artin eau , Circ u it Exec utive, U. S. Co urt o f App ea ls for th e Eighth Circ uit, at a rec en t meeting o f the Arkansas StateFederal Judic ial Co un cil. Th e seco nd and final p ortion o f his address is c arried in this artic le.

With reference to Mr. Martineau 's do ubts as to whether the Arkansas Supreme Co urt C rim inal Procedure Rule One satis fies co mpletely the requirem ents o f Sec tio n 2255 o f Title 28 o f the U. S. Co de, C ircuit Judge C h arles Light o f Paragould made th is co mmen t. " However, I feel that his d o ub ts abo ut the waiver provisio ns in ou r Rule One, Paragraph (H) are not valid . In SANDERS, quo ted by him, th e co urt was dea ling w it h Federa l pro cedure s o nly. A later c ase, MUR CH V. MOTTRAM , 93 Supreme Co ur t 7 1 ( N ove mber 6, 19 72) specifica lly ho lds tha t states may provide tha t priso ners seek ing p ostco nvictio n relief must assert 9/1 c laims in o n e proceeding , ho lding tha t no p riso n er has th e r ig ht under the Co n stitut io n or the U. S. Co de to insist upo n piecemeal co llateral attack of a p r es um tiv ely va lid c r i min al convictio n . " The co nc lusion of Mr. Martinea u 's address fo llo ws : The Town send case also involved a murder conviction based in part upon a confession. At the trial the judge he ld a hearing out of the presence of the jury and determined that the confession was voluntary. Evidence was then presented to the jury on the question of voluntariness. The jury convicted and imposed the death sentence. On appeal the judgment was affirmed and the U. S. Supreme Court denied certiorari. He then sought post-conviction relief in the state court which was denied without an evidentiary hearing and the State Supreme Court affi rmed the denial, holding that the issue of vo luntariness of the confession was res j udicata .

Page 182

The U . S. Supreme Court again denied certiorari.

Townsend then sought federa l habeas corpus relief and the Supreme Court made the tollowing ru li ngs: (1) It was error for the federal district court to refuse Townsend an evidentiary hearing because the state tria l judge had made no tindings of fact or conc lusions of law , nor did he c harge the jury concerning the constitutional standards governing the admissibi lity of confessions. There was, consequently, nothing in the reco rd to indicate that the state trial judge 路 applied proper standards at fede ral law in ruling on the admissibility of the confession.

(2) The federal district court has the power to receive evidence and try the facts concerning the constitutional claim anew if the petitioner alleges facts which , if true, wou ld entitle him to relief.

(3) If the app licant did not receive a fu ll and fair evidentiary hearing on his constitutional claim in a state court either at the original trial or in a co ll ateral proceeding , the federal court must hold an evidentiary hearing if the facts are in dispute. A federal evidentiary hearing is required unless the state court has reliab ly found the re levant facts after a full hearing .

The Court then set forth the following g u ides to the federal courts in dealing with post-conviction petitions. These same gUides should, of course, also be applied by sta te courts if they wish to avoid the federal court ho lding an evidentiary hearing. " We hold that a federal court must grant an evidentiary hearing to a habeas applicant under the following circumstances : If (1) The merits at the tactual dispute were not resolved in the state hearing : (2) The state factual determination is not fairly supported by the record as a whole; (3) The fact finding procedure employed by the state court was not adequate to afford a full and fair hearing ; (4) There is a substantial allegation of newly discovered evidence ; (5) The material facts were not adequately developed at the state court hearing ; or

(6) For any reason It appears that the state trier of fact did not afford the habeas applicant a full and fair fact hearing ...

The court went on to make the fo llowing observations: (A) The purpose of the test just enumerated is to indicate when an evidentiary hearing is manda tory. In other cases where the material facts are in dispute, the holding of an evidentiary hearing is discretionary.

Where a fu ll and fair hearing was held in the state court, the tederal judge may accept and ordinarily shou ld accept reliable findings of the state court, but he need not and has the power to reexamine the facts through an evidentiary hearing.

(6) While the federal judge may in a proper case defer to the findings of fact made by the state court. he may not defer to the conclusions of law . It is his duty to app ly the tederal law independently.

(C) It no record is oblainable at state cou rt proceed ings. the federal judge must hold an evidentiary hearing. If it is more convenient for the federal judge to hold a hearing than to await the production and examination of the state court reco rds, he has the power to ho ld an evidentiary hearing.

(D) Federal judges should be practical in exercising their discretion under the princ iples laid down to avoid encroachment on the busin ess of the state courts and to avoid swamping the federal cou rts .

The San ders case involved a federal prisoner who challenged his conviction by filing a motion under Section 2255 of Title 28. This is the sec tion applicable to federal prisoners comparable to Section 2254 for state prisoners. He c laimed that the indictment was inva lid, he was denied adequate assistance of counsel. he was intimidated and coe rced in to pleading guilty without counsel and without an understanding o f the charges against him. The district court denied his motion without a hearing on the ground that the allegations were conclusions and not founded upon averments of fa ct and that the files and records in the case showed conclusively that he was entitled to neither a hearing nor relief .

Continued on page 183

The Arkansas Lawyer

:

Continued from page 182

Sanders did not appeal but filed a second motion . This time he claimed he was mentally imcompetent as a result of narcotics administered to him by a prison doctor. He filed an af· fidavit of facts in support of the motion . This motion was denied without a hearing on the ground that Sanders knew these facts when he filed his former petition and that he had no excuse for not urging this ground at that time. The Supreme Court held that Sanders was entitled to a hearing because the denial of a writ of habeas corpus was not res judicata and that the district court 's ruling on the second motion was not a ruling on the merits and that he was entitled to a hearing.

The Cou rt then established guidelines for Section 2255 Motions which are also applicable to Section 2254 Petitions: (1) When the ground for relief has been previously presented and determined adversely on the merits and the ends of justice would not be served by a hearing on the merits, the petition may be denied .

(2 ) The foregoing principle cannot apply if a different ground is present· ed or if the same ground was not ad· judicated on the merits.

These cases have a number of teachings and should be read carefully by all federal and state judges. If forced to distill these cases, I would say that they are most im· portant for establishing the following principles : (1) Any person who has been convicted in a state court and claims denial of a constitutional right in the course of the state proceeding will ultimately be entitled to a hearing, to findings of fact , and to have the federal law applied to the facts .

Un less the record conclusively shows that petitioner 's c laim cannot be sustained, he is entitled to have the facts determined . Even a con· clusionary statement cannot be ignored as not raising a q uestion of fact and a question of fact may be raised by the uncorroborated statement of the petitioner.

(2) If the facts have been determined in the state court in a full and fa ir factual hearing, a federal judge has the discretion to accept the fac· tual findings of the state court although he has the power to hold another hearing. The federal judge is required to apply independently the federal law to the facts.

(3) Res judicata does not apply to habeas corpus although , because it is an equitable proceeding, repetitive September, 1973

hearings need not be entertained .

The Arkansas Supreme Court has

by Rule 1 of its Rules for Criminal Procedure established a po's tconviction procedure for challenging state convictions. For the most part I believe it satisfies the requirements of Section 2254 and the three Supreme Court cases except that it cannot be invoked without permission of the Supreme Court if the original case was appealed to the Supreme Court: and , perhaps the most important, the waiver provisions in Section (H) ap· pear to be more restrictive than federal law as to waiver. To the extent that the language of Section (A) is

construed narrowly to include only those in actual physi cal custody, it is narrower than Section 2254 has been construed.

I am not, of course , passing judgment on the Arkansas procedure, but merely pointing out to you some problems that occur to me. The ef. fectiveness of Rule 1 is dependent, of course , on the willingness of state trial judges to comply with it. That is, they must appoint counse l and hold hearing s with the proceedings report· ed when appropriate, and make writ· ten findings of fact and conclusions of law. The entire procedure will go for Continued on page 184

Arkansas Eminent Domain Digest Compiled by the University of Ark ansas for the Arkansas State Highway Comm iss ion .

207 Pages

$9.50

Arkansas statutes Annotated 22 Volumes with Curre nt Supplement $175.00 in the State of Arkansas_

WORKBOOK FOR ARKANSAS ESTATE PLANNERS MITCHELL D. MOORE. WILLIAM H . BOWEN

A Complete Source for Planning Estates in Arkansas Planned exclusively for Arkansas lawye rs, it is based on the statutes, cases, regu latio ns, and tax s ituat ions of the state. This workbook serves as a guide to drafting a simple will, testamentary planning for bene6t of minor or aged, forms of property owne rship, purposes a nd techniques of making gifts, drafting partneuhip and business purchase agreements and many other important topics. The handy loose· leaf form at makes this source a unique working tool - a n invaluable refe re nce for the Arkansas lawyer.

11 C hapters

$35.00

REID'S BRANSON INSTRUCTIONS TO JURIES 7 VOLUMES WITH CURRENT SUPPLEMENT

$125.00

JONES LEGAL FORMS THREE VOLUMES, 68 CHAPTERS

860,00 Contact Your Bobbs-Merrill Arkansas R epresentative.

Mr. Joshua E. McHughes 920 West 6TH Street Litlle Rock, Ark . 72201 (501) 376-9131

The Babbs-Merrill Company-Inc, 4JOO W. 62nd SI. / Indianapolis. Indiana 46268 Ar'}V r~seJle. IS 1I.'e 10 chal{J"! wha l ever pflce II wlshes l Of our books.

Page 183

Continued (rom page 183

nought , however . if the state proceeding is not conducted with a due regard for federal requirements . I recommend that every judge shoutd have a copy of the ABA Crimlnat Justice Standards Retating to PostConviction Remedies . Also see Becker and Stewart, Prisoner Petition Processing in the Federal Courts by Use of Pattern Forms , 20 Kan. l. Rev .

579 (1972) .

While I have already stated that federal review of state criminal convictions is the most common cause of conflict between the state and federal courts , I think it is fair to say that the most irritating aspect of this review is when it involves a conviction based upon a plea of guilty. At first glance it would appear that if any conviction were entitled to be free from scrutiny it would be that based on a guilty plea. This, I do not have to tell you , is not the case . The federal courts have long since recognized that because a guilty plea involves the waiver of the most basic procedures guaranteed by due process, it shou Id be accepted only when the judge is convinced that the accused not only understands what he is doing but also that there is some factual basis for the charges of which he is accused .

The concern of the federal courts is evidenced by Aule 11 of the Federal Rules of Criminal Procedures. This Rule provides as follows : 路路 Defendant may plead not guilty, guilty, or, with the consent of the court , nolo contendere. The court may refuse to accept a plea of guilty and shall not accept such plea or a plea of nolo contendere without first addressing the defendant personally and determining that the plea is made voluntarily , with understanding of the nature of the charge and the consequences of the plea The court

shall not enter a judgment upon a plea of guilty unless it is satisfied that there is a factual basis for the plea."

While this rule is applicable to the federal courts only, it is. I believe, a Simple and direct exposition of the care which must be taken in accepting a plea of guilty. Most federal judges have, in the course of their experience, prepared a list of questions as a format of interrogation before accepting a plea of guilty. I have seen several which have included as many as 50 questions. The purpose of these questions is. of course , to insure, insofar as is humanly possible, that a plea of guilty will not be the subject of an evidentiary hearing in a postconviction procedure. The validity of this approach is shown by a recent Eighth Circuit opinion (Tucker Y. United States , No. 72-1357 decided Dec. 18, 1972) in which the court stated that Au Ie 11 proceedings, if conducted properly, were not " exercises in futility " and a record properly established in a Rule 11 proceeding could be relied upon to deny without hearing a 2255 Motion.

It is my own belief that even the type of questioning conducted in a Rule 11 proceeding can be attacked if the accused is required to do nothing more than answer yes or no. This is evidenced by an April 2, 1973. decision of the U.S. Supreme Court, Fontaine Y. United States, No 71 6757 .

You are all, of course , familiar with the objection to an attorney leading a witness. In my view the type of questioning that requ ires only a yes or no response can be just as leading.

Far better would be to require the accused to state in his own words the response to the question . For example, it is not very enlightening for the judge to ask the accused if he committed the acts alleged in the in-

dictment and to receive an affirmative response . What the judge shou Id d o is ask the accused to explain in his own words what he did which resulted in the criminal charge being placed against him . The ABA Standards lor Criminal Justice, particularly those Relating to the Function of the Trial Judge, would be most helpful to you .

We have witnessed over the past twenty years an ebb and flow in relation to the finality of state criminal convictions in much the same manner as in other areas of social and political activity. We have moved from treating the claim of a petitioner that he is unconstitutionally incarcerated with the same type of finality that we applied to a claim that Driver A entered the intersection before Driver B , through an era in which there appeared to be almost a presumption of constitutional invalidity, to what I hope is a middle ground. This middle ground recogn izes the n~eed for state criminal proceedings to observe federal due process standards for finality and at the same time a means whereby non frivolous claims of denial of due process can be considered and deait with on the merits. The result has been, I believe , a vast improvement in our criminal procedure.

With the cooperation of both state and federal judges, I believe that this , in the long run , will make a substantial contribution to the realization of a criminal justice system worthy of the name.

In closing I want to acknowledge my indebtedness to Chief Judge Albert L. Stephens, Jr., of the U.S. District Court for the Central District of California. He made a similar presentation to the Superior Court Judges of California in 1969 and he was kind enough to provide me with a copy of his remarks . I drew heavily upon them. J -___

AN ECONOMIC APPROACH TO TOP QUALITY PARA-LEGAL ASSISTANCE This is not a meaningless slogan or pledge . If you want top quality Investigative service with the personal touch, call Mel Fry. I have some of the finest equipment and investigative aids available in this area .

Melvin E. Fry P .o . Box 5673 , little Rock, Ark . 72205 501 225-2914 Member: Arkansas Private In vestigators Association

Page 184

The Arkansas Lawyer

F A

OUR ALL-STAR LINE-UP \l\ "..

.. r\

Fl ""

SE

Reception for Chief Judge Pat Mahaffy

LT

Legislation Seminar

LG - Maritime Law Seminar C

Workmen 's Compensation Law Seminar

RG - Hospitality Hour for Lawyer Legislators

L E

A.$~~~i' r,l.J. ~~Q~-~~

.L ~~''L~L L ~

I N

S T I

T U T E

L

House of Delegates ' Special Meeting

TE .. Sandwich Buffet Luncheon DB .. Committee Meetings WB .. VIDEO: Civil Trial Practice

SEPTEMBER 20-22, 1973 SHERATON MOTOR INN LITTLE ROCK, ARKANSAS

G

A L

~

RT

The 1973 Fall Legal Institute promises to be a " must " for every Arkansas lawyer, judge and law leacher who expects (and is expected ) to keep abreast with the very latest developments in the law .

This outstanding program will begi n on Thursday morning with a show ing 01 three video tapes on Civil Trial Pracrice from our recently acquired library. These are part of the same package of tapes from which came Ihose shown at the Mid-Winter Meeting earl ier this year. Those in attendance at that meet ing know Ihe excellent quality to be expected . Francis McCarty of San Franc isco, Robert Seligson of San Franc isco and William Hicks of Miami are featured .

Each of us has experienced the embarrassment of not being up-to-date with the latest enactments of the legislature - those acts which have not yet found their way into the pocket part of the statute books - as well as the frustration of not knowing much about exactly how those acts became law and how we can play a parI in the legislative process . Those embarrassments and frustrations will be relieved in large measure al the Thursday afternoon session when our speakers (including legislators and lawyers) turn their attention to some of the rec ent acts of the legislature and to an overview of the legis lative proc ess In Arkansas and the part we can play in it.

Friday morning will be devoted 10 the field of workmen 's compensation - an area long overlooked at our seminars but of daily importance to most of us and our clients .

September, 1973

FB .. VIDEO : Professional (Legal and Medical) Liability TB .. Arkansas vs OSU

Members of the Arkansas Workmen 's Compensation Commission and experienced practitioners from ou r B ar will provide the " food for though!. " The development of the Arkansas River as a major navigation system , together with increased commercial and recreational use of the other streams and lakes in our state, has made an understanding of marit ime law essen tial for any Arkansas lawyer " worth his salt. " The Friday afternoon segment of our Fall Legal Institute will offer some of the best out-of-state and in-state lawyers in this field . This is a subject already of much importance and one which will become increasingly important, and we had better be familiar with maritime law before that client with a potential maritime law problem walks in the office .

The program will conclude with a Saturday morn ing session consisting of two more tapes on Civil Trial Practice from our video tape library. Cra ig Spangenberg of C leveland and Leon C. Woifstone of Seattle are featured .

Rounding out the Fall Legal Institute wi ll be the House of Delegat es ' Meeting and Social Hour on Th ursday afternoon , Com mittee Meetings on Friday afternoo n immediately following lunc h, and the Friday eveni ng Reception - and of course the Ralorbac ks on Satu rday.

Add it all up and it lotals a Fall Lega/lnstitute you won 't want to miss.

Martin Gilbert C h ai rm an Legal Education Committee

Pag e 185

Dean Pasyogel

Dean Murphey

Direct or Clark

Glenn E. Pasvogel. Jr .. 28. Assistant Prolessor 01 Law at the Little Ro ck Division of the University of Arkansas School of Law. has been appointed Assistant Dean in charge of the little Rock Division. He assumes his duties September 1, and succeeds Arthur G. Murphey. Jr., who recently resigned to return to full路time teaching at the Division .

A native of Arlington Heights, I llinois, Professor Pasvogel is the son 01 Mr. Glenn E. Pasvogel. Sr .. of Ar lington Heights and the late Mrs. PasvogeL He has been a member of the faculty at the little Rock Division since 1971 . After receiving his B. A. degree Irom Elmhurst College. Elmhurst . Illinois . in t967 . he attended DePaul University Law School. where he received his J.D. degree in t970 . At present he is a candidate for the degree of Master of Laws from the University of Illinois, where he was a graduate teaching assistant during 1970-1971. While in law school he was a member of Delta Theta Phi law fratern ity and Research Editor of the DePaul Law Review . Professo r Pasvoge l is a member of the Illinois State Bar Association . Together with Dean

Murphey. he recently completed writing the Arkansas Juvenile Court Judges ' Manual. Professor Pasvogel 's fields of teaching are Constitutional Law . Administrative Law, Creditors ' Rights , Environmental Law, and Consumer Law. He is married to the former Miss Carol Ann DeClue of Little Rock .

A native of Mississippi . Dean Murphey has been a professor at the Little Rock Division since 1967 and Assistant Dean since 1970. He received his A. B . degree from the University of North Carolina. where he was a member of Phi Beta Kappa . He received his J.D. degree from the University of Mississippi. where he was a member of Ph i Delta Phi legal fraternity and a member of the staff of the Mississipp i Law Journal. At Yale University he received a Master of Laws Degree. Prior to that he did research in graduate law as a Fulbright scholar at the University of London. Before coming to Arkansas . he taught at the law schools of the University of Georgia.

Emory University, the University of Akron , and Western Reserve University (now Case-Wes tern Reserve ). He is a member of the bars of Mississippi ,

Ohio. and the United States Supreme Court. HIS fields of teaching are pri marily Commercial Law . Contracts . and Remed ies. and he has been the author of articles In several legal publ ica tions.

Page 186

- - - --

J . Steven Clark is the new Director of Adm issions, Placeme nt and Continui ng Legal Edu ca tion at the University of Arkansas School of Law at Fayetteville. He graduated a Student of Distinction with Honors from Arkansas State University In 1969 receiving h is B .A . degree In Political SCience : he also was recIpient of the University President's Distinguished Service Award and was se lected as a Distinguished Military Graduate. among many o ther honors .

Clark graduated In June. 19 71 with a J.D. degree from the University of Arkansas School of Law. He served as President of the Student Bar ASSOCiation and the Ph i Alpha Delta Law Fratern ity. Following graduation. he became an ASSOCiate with the law firm of Sharp and Sharp in Brinkley. Arkansas . On February 15. 1973. he took over his current duties al the School of Law . ,,_ The Arkansas Lawyer

,A B A NEWS Dr, Leliar John C, Deacon Oscar Fendler

Blytheville lawyer Oscar Fendler was elected to a three-year term as Assembly Delegate of the American Bar Association at its Annual Meeting , August 6-9 , 1973 in Washington, D, C, He was one of a fie ld of 18 candidates to win one of the five posts, In the election , he finished second behind Erwin Griswald, former U,S. Solicitor General and former Dean of the Harvard Law School.

Incumbent John C , Deacon of Jonesboro has been reelected State Delegate to the ABA House of Delegates, His new 3-year term began with the conclusion of the ABA 's Annual Meeting in August.

The state delegates in t he House nominate officers of the Associa tion and members of the ABA Board of Governors, They also participate in legislative and po licy-making activities of the House.

'Jitle Y n.:Jltl'ance by

Commercia! Standard

Dr, Robert A, Le flar, Distinguis hed Emeritus Professor of Law at the University of Arkansas received t he Harrison T weed Award of the America n Bar Associa tion at its rece nt annu al meeting at Washing ton, D r. Lell ar was ci ted for his work du ring the past 18 years as D irector of the App ellate Judges' Semi nar at NYU eac h summ er, " Robert Letl ar has bee n one of the g reat co ntributo rs to the st rength of the leg al professio n" - C hief Justic e Burger, "-:

Complete Trust Services For Attorneys And Their Clients

A ssets o ver $37,000,000,00 Ag e nci es in 18 sta tes Sub je ct to State s up ervis ion eve ry w he re

G ene ra l A ge nt fo r

Th e Stote of Ark a ns a s

Be ach Abstract and Guaranty Co. 213 W e st Se cond Street liltle Rock , Arkan sas 72201 Te le phon e 376-3301 Member of American l and Title Association

September, 1973

" 7te!enfJry/ational JAu,R'1Ik

302 Cherry Helena, Arkansas 501 -338-645 1 Member FDIC

Member Federal Reserve System

J .J . White , Pres . • John M. Moye, V. Pres., & Trust Off icer

Paae 187

PREPAID LEGAL SERVICES

By Judge Jamel K . Groye.

(Edito r's Not e: Judge Gro ves is an attorney-at- law o r great distinction. Among many oth er acco mplishments, he has served as Ju stice on th e Co lorado Supreme Co urt since 1968 and Is the curren t Ch airman o r the ABA 's House o r Delegates.

His address on " Prepaid Legal Servic es" b erore the Youn g Lawyers Sectio n o r the Arkansas Bar Association during the Association's 75th Annual Meeting on Jun e 7, 1973 is partic ularly timely ro r a ll lawyers.)

About six months ago the officers of the Denver Bar Association asked me to make the kick-off speech at its regular monthly luncheon meeting for the Cotorado Bar Association prepaid tegat services plan . The subject sounds dull and is to many. Therefore, in order to attract a crowd we released in the advanced publicity only the ti tl e to the talk , " Auxilia Ex Lice Pro Populo, " meaning " Legal Services For The Public ." It workedthe re was a p retty good crowd .

A p lan of prepaid legal services is one in which payments are made in advance by an individual , or someone on his behalf, to a th ird party to defray the cost of legal services later needed o r initiated by the individual. These payments are usually made through the painless extraction of payroll dedu c tion. They might be a part of union dues o r an employer con· tribution . Usually the programs are grou p plans with a substantial number o r 100% of the grou p being included .

This is a co mparatively new con· cept. and it requires fresh thinking. I can recall when my good friend, Burn· ham Enersen of San Francisco , as president of the California Bar, about ten years ago. suggested that the o rgan ized bar must take the initiative as to such plans, His words fell on man y deaf ears. His own state bar rejected it and many present when he addressed th e National Conference of State Bar Presidents at an American Bar Asso cia t ion meet ing were dubi ous. Today, the Cali fornia Bar is gung ho on the subject, as is the Ameri can Bar Associati on and a lot of state and local bar associations.

Many of you know Norris Darrell of the New York Bar, now c hairman of the Ameri can Law Institute Mrs .

Darrell is the daughter of Learned Hand. Undoubtedly some of you read Page 188

the article i n the New Yorker six or seven months ago concerning Mrs. Darrell's coo peration with respect to a Learned Hand exhibition . Th is article quoted the great judge as saying: " And so , if I am to say what are the ' principles of ci vil liberties and human rights,' I answer that they lie in habits, customs - conventions , if you will that tolerate dissent, and can live without irrefragab le certainties; that are ready to overhaul existing assumptions ; that recognize that we never see save through a g lass, darkly. and that at long last we shall su cc eed only so far as we continue to overtake ' the intolerable labor of thought' - that most distasteful of all our ac tivit ies."

We kn ow c hange is inevitable, but that does not seem to lessen the agony o f paCi ng it and going along with it. Some o f these things in the legal profess ion, in addition to pre· paid legal services, are specialization , paralegal s and com puterized re· search .

From no later than the time of Shakespeare and Dickens and their writ ings. lawyers have been unpopular with the pub l ic. The public is alienated from lawyers. The al ienation has caused nonusage of lawyers unless the y were unavoidably necessary. The publ ic has been discouraged from using lawyers because of : (1) the constant increase in legal fees: (2) the entry of many " helpers " in areas once thought of as requiring a lawyer real estate, taxat ion, estate planning ; (3) reluc· tan ce o r refusal of the lawyer to engage in " small fee " cases due to in· sufficient financial return and also to law off ice inefficien ci es in handling such cases . Some of you know Bill Cantwell of the Denver Bar. He is the immediate past presiden t of the Ameri can Bar Association Section on

Real Property, Probate and Trust Law .

When he was president of the Colorado Bar three years ago he started preaching. " the fellow with the $300 claim or the fellow who wants to defend against a $300 clai m sh oul d have the right to have legal services within h is reac h."

The legal profession was jolted and startled by the United States Supreme Court 1963 decision in NAACP y . Button i find ing a constitutional, protected need for legal services in the civil rights arena. This was followed in 1964 by Brotherhood of Ra ilw ay Traf nmen Y. Virg inia and In 1967 by Unti ed M ine Worker. Y. IlIIno t. St ate Bar. A segment of ou r profession th ou ght that the cou rt might modify or limit its stand on union 's prepaid legal services programs; but most of that segment have been obliged to can· clude that the cou rt meant what it said w hen reading the 1971 opinion in Untied Tr anl port atlon Wo rker. Y. Sta t e Ba r 01 M ichig an.

To date most of the activity in th is field is outsi de the o rgan ized bar. At least 2,000 prepaid legal services plans are in o perat ion, but most of these cove r o nly jo b related problems.

There are plans w'ith broad coverage Of personal legal prob lems operating for the Amalgamated Clothing Workers in Chicago; for the laborers in Co lumbus. Ohio and B irmingham .

Alabama : for the Amalgamated Transit Union in Pittsburgh; for members of large cooperative societies a t Berkeley, California and Ann Arbor, Michigan ; for several union groups in Seattle. All of these plans provide for pre·selected or closed panels of lawyers. These are plans about which ABA has some information, but there are undoubtedly more.

There is definitely a cons tant escalation of both interest and plans for marketing legal service policies by Continued on page 189

The Arkansas Lawye r

Continued from page 188 more and by larger insurance companies. little Stonewall Insurance of Alabama has two plans in operation _ one for a union group in North Dakota and another in process of marketing in Maryland for members of the Maryland Credit Union League.

These are non-fringe benefit, non-Taft Hartley plans. However, Insurance Company of North America, SI. Paul Insurance Companies , Firemen ' s Fund American , General American , and Financial Indemnity of Los Angeles have perfected policies and begun to market their offerings. Many other larger life companies are almost ready to begin , according to our best information like Prudential , Equitable, Home , Connecticut General, and others. The insurance companies have money to promote prepaid plans and an attractive facade of skills to enable them to take over the underwriting of legal services for the public. Their plans now are open panel and they seek the cooperation of the organized Bar. They have the capacity to change and could design a closed panel system for its normal market of union groups.

Robert Muchemore, the chairman of the American Bar ' s Insurance , Negligence and Compensation Law Section , is connected with Mutual of Omaha. He reports that the Canadian insurance industry is very much interested in immediate development of legal services offerings.

There is still no position or recommended uniform model legislation by the National Association of Insurance Commissioners. They are studying and exploring , and have a special committee, but no recommendation or position has yet been taken . There has been a widely varying attitude among the various commissioners.

California approved Firemen 's filing.

Missouri approved S1. Paul. Alabama, Maryland and North Dakota approved Stonewall. Pennsylvania is temporizing with INA's filing . Ohio' has turned down Progressive of Cleveland and SI. Paul. The Texas State Bar is having difficulty in getting exemption or a pass from the Texas commissioner. The New Jersey commissioner has told Blue Cross it must seek special enabling legislation to write prepaid legal services.

In the American Bar Association, meaningful activity began in 1965 with the creation of its special committee on the availability of legal services. As a result of the work of that committee and a subcommittee of the Board of Governors, an experimental project on prepaid legal services began in January , 1971, at Shreveport,

September, 1973

Louisiana. That plan is the only plan of prepaid legal service in full operation which is sponsored by a bar association and which provides for free choice of lawyers in the community. In brief, that plan derives 2 cents per hour for each of the 600 union members through a check-off for dues. Those funds are supplemented for this experiment with additional funds from the American Bar Association and the Ford Foundation .

About $1665 worth of legal services annually are available to the member and his dependents for potential legal needs. A member of local 229 of laborers may go to any lawyer he needs or chooses in the United States , not simply Shreveport. After 21 months of operations, the average claim payment to the lawyer has been $207 . Usage of lawyers by the members is at a rate of 33 % of the group compared to a lower use of 20% during the first year of operation . The clients seem to be " getting to know " lawyers better and making more use of the counselling skills of lawyers in preventing legal trouble. The structure of the Shreveport plan encourages such preventive use of lawyers. The evaluation team from the American Bar Foundation has intenSively studied the first year of operations there and concluded that Shreveport has thus far demonstrated the economic feasibility of a prepaid legal service system employing free choice of lawyers.

There are six or eight state Bar Associations which are the progressive vanguard in this field .

Wm. McCalpin of St. Louis is Chairman of the American Bar Prepaid Legal Services Committee . Bill, the members of his committee, those in the Association Washington office and many others have been working hard to obtain passage of S. 1423, This is legislation which would amend the Taft-Hartley Act so that in union negoliations legal services would have the same status as health, welfare and pension programs administered through joint trusts of unions and management. On May 16th last the Senate passed this bill by a vote of 79 to 15.

In the House of Representatives the special Subcommittee on Labor of the Education and Labor Committee has approved the bill. Except for a clash of personalities between two committee chairmen, this bill would have been acted upon in the House before now . It appears that it will come up either later this week or early the coming week . The bill probably will be amended to prohibit the use of trust funds for suits against the union , the

employer, or to defend union officers charged with misfeasance in office.

This does not seem to bother anyone.

Another proposed amendment would make the negotiations as to this subject permissive. The unions oppose this bitterly because, in effect, this means that the employer does not have to bargain on the subject unless he wants to.

At state levels, legislation concerning prepaid legal services has been passed in California and Wisconsin . Bills are now under consideration in Connecticut, Massachusetts , New Jersey , Texas and Washington .

Practically every program of our professional associations within the past six months has contained discussions of prepaid legal services.

Virtually every state and major local bar association is active in the field .

California has begun its California Lawyers' Service, a separate corporation that will administer plans of prepaid legal services throughout the state. Texas has done the same.

Colorado and the State of Washington are almost at the same point ; and New Jersey, Connecticut and Massachusetts are close to beginning operation.

Since it is my state, I wou Id like to mention a little bit about Colorado.

Colorado has a great committee on this subject. The members have concluded that people of moderate means to be involved in the program are those with an annual take-home income in excess of the amount which would permit them to qualify for free legal services under various OEO programs, but whose income does not exceed $12 ,000 , i.e., the middleincome Americans who comprise 65% of our population . A not-for-profit corporation has been created . Its Board of Directors has power to formulate provisions, rules and regulations, and to report and evaluate procedures governing all phases of the project and plans offered, including but not limited to the following : A. Premium levels and partiCipation percentages B. Benefit structures, including exclusions, exceptions , deductibles and co-insurance features C. Reporting requirements D . Attorney qualifications and regulations E. Collections of premiums and payments of benefits F. Administrative and review functions G. Marketing techniques.

The project shall require sums for administration of the varied functions of the corporation and the payment of attorney fees and costs permitted as Continued on page 190 Page 189

Continued from pege 189 benefits under the plans offered . It is estimated that the cost of administration in the first year shall not exceed $100 ,000 .00 ; there is no reliable means to estimate costs of benefits for that year.

They are now attempting to raise the $100 ,000 .00 in advance from sources other than premium payments, such as state and federal governmental agencies, local and national foundations , and private contributors, including non-participating attorneys.

Each attorney participating in the pilot program shall be assessed a fee not in excess of $50.00.

The National Consumer Center for Legal Services began with full time staff in January, 1973. For the last 3 months 80% of its effort has been devoted to lobbying on Section 302 (C) of Taft Hartley and 20% to fund raising . It represents 37 consumer organizations, including cooperatives. farm groups, senior citizens. and the National Consumer Federation of America. It is becoming an effective gathering point for consumer action .

The ABA has good relations now and we have cooperated on exchange of information and joint lobbying efforts re 302 (C) o f Taft Hartley . Although it has not yet announced any positions, because of its occupation with lobbying and finances. it must necessarily lean towards publicized positions on low cost, specialization, paraprofessionals. fee bargaining , vigorous public education programs and advertising of availability of service. class action and ombudsman functions . When appropriate, it should also support the underpinning by federal funds of the entire range of legal services to the public.

To illustrate how things are catching on, the Postal Workers Union of 750 ,000 members less than two months ago filed a request asking for a plan of legal services and that representatives of the American Bar Association assist in designing such a plan .

20,000 of California's 36 ,000 lawyers responded to a state bar survey. 91 % supported prepaid legal services.

Curiously enough . in Colorado 91 % of those responding favored prepaid legal services. 52 % responded . 82% of these were willing to partIcipate.

The percentages were uniform as between urban and rural communities.

I must speak a word of caution . Any organization setting up a plan of prepaid legal services must keep an awareness of anti-trust implications, i.e., does the plan illegally set prices and fix fees? The California Lawyers Service, which is the corporation

Page 190

organized by the California State Bar to provide prepaid legal services plan, has written to the Anti-Trust Division, asking for a statement of position. No response has been made as yet. Any state or local bar going into this matter should keep in constant touch with the ABA Special Committee on Prepaid Legal Service, its chairman as mentioned . Wm . McCalpin, or its staff director, Philip J. Murphy of Montecito, California. in order to be apprised of developments, particularly with respect to anti-trust matters.

I would close with the statement of our ABA president Robert Meserve : 路路Exploration of and action on the

problem of providing legal services to the client of moderate means is of bedrock importance to all lawyers.

The American Bar Association has never raised a war chest to support intransigent opposition to the changing needs of society. It has relied on the great common sense of lawyers to discern when change IS needed and to make changes that preserve the essence of our independence as a profession serving the public. We want to achieve or at least approach the goal of being an advoca te and counselor to al l persons in our society. To do this we must live in this century, not the last. " ,,_ .~

For the

U.S. SUPREME COURT DECISIONS for a full t erm

This year save some money. And save space. too. The new erm of the United State SUf""'re-ne Court is beg;nninq now and you can qet all of the important decisions twice a mon~h for just $43.50. And after the term you get these decisions for permanent reference in two space.savino hard-covered volumes. The bargain also includes the Key N umber System. It takes you to aU local cases in point and coordinates the Supreme Court Reporter wifh your local set. Save money and shelf space. Start your subscription

today.

Enter you r su b scriptio n to th e Sup re m e Court Re po rt er today .

W rite o r ca ll:

WWBlISHING CnMPIIY

Archie C. McLaren, Jr. t',,~(!O'\ P1M.,路Sllt~ o~o~~

10' 10)5 C/01 458 "<ISO

Olf~~!ori

Row

'hmphl~

Tr路",

3813 1

The Arkansas Lawyer

1

Great partnership: Rodgers &Hammersteln •••another great partnership: ARKAnSAS BAR ASSOCIATion & RATHER BEVER & HARPER Now working togeth er with CNA/insurance to provide you with the two most vital forms of fundamental protection for every practicing attorney: • Professional Liability • Business Liability Fiduciary coverage Settl ement only with consent Legal defense provided

nEW PROfESSionAL L1ABILlTV PROGRAm $100,000 per claim

Wont more details? Call or write Arkansas Bar Asso c iation Ad ministrator Rather, Beye r & Harper T hree Hun d re d Spring Bu il din g Li ttl e Rock, A rkansas 72201 (501) 372-411 7 September, 1973

Page 191

ARKANSAS BAR ASSOCIATION Arlullsus Bar Cent.

Convention Plaza - West MllkhalR Stteet 375-4&05 little Rock, Ark_sas

,,

7220 I

COMMITTEE DIRECTORY 1978-74 CONTENTS

1

Ark ansas Bar Association ...................... .. ......... .. . . . .. . ....... .............. .193 Officers ......... . ............• . .........•.... . ........................................... 193 Executive Council ........ . ... . .. .... .... . ... . ........ ... .. . . . . ........... ................ 193 De legate to ABA ................ .. ........ . ........ ... .......•....... .. ......... .. ....... 193 Staff ...................................................... .. ......... . .... . ..... ....... 193

House of Delegates ................................ . .. .. . ... .... .... . . . . .. .............. 194 Association Presidents Since 1899 ................ .................. ........ .... ......... 196 Past Presidents Committee .................................... . ............... . .......... 196 Sections . .. . . . . . . . . . . . ......... . ..... . .......... .. ..................... . ... . . . ...... 197 Standing Committees. . ... ........ ......... . .. . .............. . ................ . ..... . ... 198 Special Committees.. . . . . . . . . . . . . . . .. ...... .......... ..•............................ .198

**** Arkansas Bar Foundation ............................... ......... ..................... .204 Officers and Directors . ...... . . .... . . ..... . ............. . .. . . .. ... . . . ............ . .... . 204 Committees ................ . . .......... .. .......... ... .. . .......... .. ................... 205

**** Local Bar Associations and Officers ........... ....... , ..... .... . .. ...... .... . . .. . .. . .... . 205

Page 192

The Arkansas Lawyer

Executl,e Council President

James E. West Merchants National Bank Building Fort Smith . Arkansas 72901

President -Elect

Immediate Past President

James B. Sharp Bank of Brinkley Brinkley. Arkansas 72021 Henry Woods 711 West Third Street little Rock, Arkansas 72201

NORTHWESTERN STATE BAR DISTRICT Thomas F. Butt Douglas O. Smith, Jr. Robert Hays WIlliams

James M . Moody 2200 Worthen Bank Building little Rock , Arkansas 72201

Chairman , Young Lawyers Section

WIlliam R. Wilson 711 West Third Street little Rock , Arkansas 72201

Chairman, Executive Council

Dale Price 211 Spring Little Rock , Arkansas 72201

SOUTHERN STATE BAR DISTRICT Fayetteville Fort Sm ith Russellville

1974 1975 1976

secretary-Treasurer

Otis H. Turner Herman Hamilton , Jr. John A. Davl. III

1974 1975 1976

NORTHEASTERN STATE BAR DISTRICT -

CENTRAL STATE BAR DISTRICT -

W. D. Murphy Julian B. Fogleman David Solomon

John P. Gill Guy Amsler, Jr. Leonard Scott

1974 1975 1976

Batesville West Memphis Helena

LIAISON NON-VOTING MEMBERS -

Chairman , Legal Education Committee ........... .. ..... . ............ Martin Gilbert Simmons National Bank Building Pine Bluff, Arkansas 71601 Chairman, Arkans •• Bar Fo undation .. . ........ . ...... .. . . , .. . Philip S. Anderoon 2200 Worthen Bank Building little Rock , Arkansas 72201

1974 1975 1976

Arkadelphia Hamburg Pine Blull

Llttia Rock Llttia Rock Little Rock

Delegate To Amarlcan Bar A.soclation . .. .. .... . .. .. . . ..... . . . . Harschal H . Friday 1100 Boyle Building little Rock , Arkansas 72201 Arkans .. Judicial Council Raprasentative . ....... ....... Judge Harrell A. Simpson P,O. Box 47 Pocahontas, Arkansas 72455

Executive Director . . .. .. ... ... . ..... .... . . C. E. Ransick Arkansas Bar Center Little Rock, Arkansas 72201

Staff Executive Director Aul.tant Executive Director Memberohlp Secretary September, 1973

C . E. Ranslck Judith H . Gray Audley Byers Page 193

Hausl If Dlillatis EX-OFFICIO MEMBERS PRESIDENT

James E. West Merchants National Bank Building Fort Smith , Arkansas 7290t

PRESIDENT -ELECT

SECRETARY-TREASURER

James B. Sharp Bank of Brinkley Brink ley, Arkansas 72021 James M . Moody 2200 Worthen Bank Building little Rock , Arkansas 72201

IMMEDIATE PAST PRESIDENT

Henry Woods 711 West Third Street Little Rock , Arkansas 7220 1

CHAIRMAN , EXECUTIVE COUNCIL

Dale Price 211 Spring Stree t little Rock , Arkansas 72201

William R. Wilson CHAIRMAN , YOUNG LAWYERS SECTION 71 1 West Th ird Street little Rock, Arkansas 72201

NON -VOTiNG MEMBERS Past Presidents

VOTING MEMBERS District No. 1 Sidney H. McCollum P.O. Box 447 Bentonville, Ark .

Term Expires 1975 District No. 2 H. Paul Jackson P.O. Box 69 Berryville, Ark .

Term Expires 1975 Dlst rict No. 3 Fines F. Batchelor, Jr. 411 Main Street Van Buren , Ark .

Term Expires 1976 District No.4 Robert Hays Williams 116 S . Denver Russellville , Ark .

Term Expires 1974 District No.6 Otis H . Turner P.O. Box 607 Arkadelphia , Ark .

Term Expires 1975 District No. 7 Joe D. Woodward P.O. Box 727 Magnolia, Ark .

Term Expires 1975 District No . 8 Thomas E. Sparks P.O . Box 547 Fordyce, Ark .

Term Expires 1976 District NO. 9 Herman L. Hamilton , Jr. 110 No. Main SI. Hamburg , Ark .

Term Expires 1974 Page 194

District No. 10 O. Wendell Hall 501 No. Main Benton, Ark .

Term Expires 1974 District No. 11 J . W. Green 602 South College Stuttgart, Ark .

Term Expires 1975 District No. 12 John D. Eldridge P.O. Box 479 Augusta, Ark .

Term Expires 1976 District No. 13 David Solomon 215 Cherry SI. Helena, Ark .

Term Expires 1974 District No. 14 James L. Shaver, Jr. P.O. Box 592 Wynne, Ark .

Term Expires 1974 District No. 15 Julian B. Fogleman Bank of W. Memphis W. Memphis, Ark. Term Expires 1975 District No. 16 Bill E. Ross P.O. Box 466 Blytheville, Ark .

Term Expires 1975 District No. 17 Gerald P. Brown P.O. Box 726 Paragould, Ark. Term Expires 1976

District No. 18 Marvin D. Thaxton 600 Third SI. Newport, Ark. Term Expires 1974 District No. 19 W. D. Murphy, Jr. Fitzhugh Building Batesvi lle, Ark .

Term Expires 1976 District No. 21 Edward Gordon, Jr. P.O. Box 556 Morrilton, Ark .

Term Expires 1976 District No. 22 Charles Conway 6 State line Plaza Texarkana, Ark .

Term Expires 1974 District No. 22 LeRoy Autrey 501 East 6th SI. Texarkana, Ark. Term Expires 1976 District No. 23 Louis J . Longinotti Thompson Bldg .

Hot Springs, Ark .

Term Expires 1974 District No. 23 Don M. Schnipper 123 Market SI. Hot Springs, Ark .

Term Expires 1976 District No, 24 William I. Prewett 423 Washington EI Dorado, Ark .

Term Expires 1974

District No. 24 Richard H. Mays 211 East Elm Street EI Dorado, Ark .

Term Expires 1975 District No. 25 John A. Davis P.O. Box 7606 Pine Bluff, Ark. Term Expires 1974 District No. 25 Horace J. Fikes, Jr. 414 National Bldg.

Pine Bluff, Ark. Term Expires 1975 District No. 26 Davis N. Laser P.O. Box 1346 Jonesboro, Ark .

Term Expires 1975 District No. 26 Randall W. Ishmael P.O. Box 1245 Jonesboro, Ark. Term Expires 1976 District No. 27 Thomas F. Butt Washington CI. House Fayetteville, Ark .

Term Expires 1974 District No. 27 Walter R. Nib lock 20 East Mountain Fayetteville, Ark. Term Expires 1975 District No. 27 Truman H. Smith 29 East Center Fayetteville, Ark .

Term Expires 1976 The Arkansas Lawyer

A

District No. 28 Robert T. Dawson Superior Fed . Bldg .

Fort Smith , Ark .

Term Expires 1975 District No. 28 Robert l. Jones. Jr. Merchants Natl. Bk. Fort Smith. Ark .

Term Expires 1975 District No. 28 Douglas O. Smith 214 No. Sixth Fort Sm ith, Ark. Term Exp ires 1976 District No. 28 G. Alan Wooten P.O. Box 1525 Fort Smith , Ark. Term Exp ires 1974 District No. 29 Don F. Hamilton 1550 Tower Bldg. little Rock . Ark .

Term Expires 1974

District No. 29 Steele Hays 82t Pyramid Life little Rock , Ark .

Term Expires 1974 District No. 29 Boyce Love 1100 Boyle Bldg .

Little Ro ck, Ark .

Term Expires 1974 District No. 29 Leonard L. Scott 1501 Tower Bldg.

Little Ro ck, Ark .

Term Expires 1974 District No. 29 John B . Th urman, Jr. Pyramid Life Litlle Rock , Ark .

Term Expires 1974 District No. 29 Winslow Drummond 2200 Worthen Bank Little Rock, Ark .

Term Expires 1975

District No. 29 Edward Lester 2000 Worthen Bank Little Ro ck, Ark .

Term Expires 1975 District No. 29 Dean R. Morley 2900 Railroad North Little Rock, Ark .

Term Expi res 1975 District No. 29 Robert O. Ross 401 300 Spring Bldg .

Little Rock , Ark .

Term Exp ires 1975 District No. 29 Isaac A . Scott, Jr. 2200 Worthen Bank Little Rock , Ark. Term Expires 1975 District No. 29 Guy Amsler , Jr. Donaghey Bldg .

Little Rock, Ark. Term Expires 1976

District No. 29 Charles Carpenter Matthews Bldg .

North Little Ro ck, Ark. Term Expires 1976 District No. 29 Robert Faulkner P.O. Box 1958 Little Rock , Ark .

Term Expires 1976 District No. 29 Vincent Foster, Jr. 720 West Third Little Rock , Ark .

Term Expires 1976 District No. 29 Virginia Tackett P.O. Box 2261 Little Rock, Ark .

Term Expires 1976 District No. 29 Neva B. Talley-Morris 722 West Markham Little Rock. Ark. Term Expires 1976

LAW STUDENT SECTION DELEGATES UNIVERSITY OF ARKANSAS SCHOOL OF LAW Fayetteville Campus . ....•......... John Biscoe Bingham Route 3 Englan d, Arkansas 72046

. . . . . .. . .. . .... Phillip Farris 2 Nottingham Road , Apt. 12 Little Ro ck. Arkansas 72207

Little Rock Division

Fidelity

MISSING AND UNKNOWN HEIRS LOCATED

TITLE AND ABSTRACT COMPANY OFFERS-

NO EXPENSE TO THE ESTATE

Statewide Title Service REPRESENTlNG-

Louisville Title Insurance CO. WOALD·WIDE SERVICE FOR

COURTS - LAWYERS - TRUST OFFICERS ADMINISTRATORS - EXECUTORS

OF LOUISVILLE. KENTUCKY

TITLE PLANT CONSTRUCTION BY

American

Arclrille~ A~jocialion

INTERNATIONAL PROBATE RESEARCH

TITLE DATA OF ARKANSAS , INC. P .O. B ox 644 Benton , Arkansas 72015

449 WASHINGTON BUILDING

·.i.I.1

O~~E~f:~nLile Bldg.

Benton. Arkan sas

.

JAMES A . GRAY President

I

JAMES E. VILLINES Vice President LOLA L. GRAY Secretary-Treasurer

MEMBER OF: WA SHINGTON , D. C.

September, 1973

Arkansas Land Title Association American Land T itl e Association

Page 195

Arkansas Bar Association Presidents Since Orgailzatlon · U . M . Rose " Henry C. Catdwell " Sterling R. Cockrill - Thomas B. Martin · George B. Rose - James F. Reed " Allen H uges " Joseph M . Strayton - Joseph W. House · William H. Arnold - John M . Moore -N . W. Norton · W. V. Tompkins " Ashley Cockrill - James D. Shaver · Charles T. Coleman - Jacob Trieber " Ira D. Oglesby · Charles C . Reid - Thomas C. McRae " J . H. Carmichael · William H . Martin *W . F. Coleman " J . F. Loughborough " J. V. Walker " C. E. Daggett · 5 . H . Mann "George B . Pugh " T. J. Gaughan oW. T. Wooldridge * J. Merrick Moore * T. D. Wynne · T. C . Trimble , Jr. "Harry P. Dailey ·George A. McConnell ·Paul Jones "Robert E. Wi ley

Little Rock , Ark .

Little Rock , Ark .

Little Rock, Ark .

Litt le Rock , Ark .

Little Rock , Ar k.

Fort Smith , Ark .

Memphis, Tenn .

Newport, A rk .

Little Rock, Ark .

Texarkana , Ark .

Litlle Rock, Ark .

Forrest City, Ar k .

Prescott , Ark . little Rock, Ark .

Texarkana , Ark .

Little Rock , Ark .

Little Rock , Ark .

Fort Smith, Ark .

Little Rock , Ark .

Prescott , Ark. Litlle Rock, Ark .

Hot Springs, Ark .

Pine B luff, A rk .

Little Rock, Ark .

Fayettevi lie, Ark .

Marianna, Ark .

Forrest City , Ark .

Little Rock , Ark .

Camden , Ark .

Pine Bluff, Ark .

Little Rock , Ark .

Fordyce, Ark .

Lonoke, Ark .

Fort Smith . Ark .

Little Rock , Ark .

Texarkana. Ark .

Little Rock , Ark .

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

·Calvin T. Cotham *J. F. Gautney " Waiter G . Riddick · Abe Collins - Harvey T. Harrison N. J. Gantt , Jr. - Henry Moore, Jr. " E. H. Wootton Joe C . Barrett " E. A . Henry Lamar Williamson - Max B. Reid oW . W. Sharp Arch ie House · Cecil R. Warner

- John H. Lookadoo Terrell Marshall " A. F. Triplett J. L. Shayer " J. M. Smallwood · Shields Goodwin · Eugene A. Matthews Edward L. Wright John A. Fogleman Willis B. Smith Wiff S. Mitchell Heartsill Ragon Oscar Fendler Louis L. Ramsay . Jr. Bruce T. Bullion Courtney C. Crouch Maurice Cathey William S. Arnold J. Gaston Williamson Robert L. Jones , Jr. J. C. Deacon Paul B. Young Henry Wood.

Hot Springs, Ark .

Jonesboro, Ark .

Little Rock , Ark. DeQ ueen, Ark .

Little Rock, A rk .

Pine B luff, A rk .

Texarkana, Ark .

Hot Springs, Ark .

Jonesboro, Ark .

Little Rock , A rk .

Monticello, Ark .

Blytheville, Ark .

Brinkley, Ark .

Little Rock , Ark .

Fort Smi th, A rk .

Arkadel ph ia, Ark .

Little Rock , Ark .

Pine Bluff, Ark .

Wynne, Ark .

Russellville, Ark .

Little Rock , Ar k.

Hot Sprin gs, A rk.

Little Rock, Ar k .

West Memphis, A, • .

Texarkana, Ark .

Li ttle Rock, Ark .

Fort Smith , Ark .

B lytheville, Ark .

Pine B luff, Ark .

Little Rock, Ark .

Springdale, Ark .

P aragould , Ark .

Crossett , Ark .

Little Rock , Ark .

Fo rt Smith , Ark .

Jonesboro, Ark .

Pine Blu ff , Ark .

Little Rock , Ark .

1935-36 1936-37 1937-38 1938-39 1939-40 1940-4 1 1941-42 1942-43 1943-44 1944-45 1945-46 1946-47 1947-48 1948-49 1949-50 1950·51 1951-52 1952·53 1953-54 1954-55 1955-56 1956-57 1957 -58 1958-59 1959-60 1960-61 1961-62 1962 -63 1963-64 1964-65 1965-66 1966-67 1967-68 1968-69 1969-70 1970·71 1971-72 1972-73

·Deceased

PAST PRESIDENTS COMMITTEE CHAIRMAN : ROBERT L. JONES, JR. N . J. Gantt , Jr. Pine Bluff Joe C . Barrett Jonesboro Lamar Williamson Monticello A . F. House Little Rock Terrell Marshall Little Rock J. L. Shayer Wynne Little Rock Edward L. Wright West Mem p his John A. Fogleman Willis B . Smith Texarkana Li tt le Rock W. S. Mitchell Heartsill Ragon Fo rt Smith Page 196

1940-41 1943-44 1945-46 1948-49 1951-52 1953·54 1957-58 1958-59 1959-60 1960-6 1 1961-62

Oscar Fendler Louis L. Ramsay , Jr. Bruce T. Bullion Courtney C . C rouch Maurice Cathey Wiffiam S. Arnold J. Gaston Williamson Robert L. Jones, Jr. J. C. Deacon Paul B. Young Hanry Wood.

B lytheville Pine B luff Little Rock Springdale Paragould Crossett Little Rock Fort Smith Jonesboro P ine Blu ff Li ttl e Rock

1962-63 1963-64 1964-65 1965-66 1966-67 1967-68 1968-69 1969-70 1970·71 197 1-72 1972-73

The Arkansas Lawyer

Sections Criminal lnw Section Chairman

Vice Chairman

Secretary

Lloyd R. Hayne.

308 Pulaski Counly Courlhouse little Rock . Arkansas 72201 John Achor 308 Pulaski Counly Courlhouse little Rock . Arkansas 72201 Phillip Willon Justice Building lillie Rock . Arkansas 72201

Family lnw Section Chairman

N. Cloy1een RobertI P.O. Box 182 England . Arkansas 72046

Savings and loan Section Chai rman

Secretary

I路

Edward L. Wright, Jr. 2200 Worlhen Bank Bldg. little Rock . Arkansas 72201 Charlel E. Yingling, Jr. 407 Wesl Arch Avenue Searcy . Arkansas 72143

Taxation, Trust &Estate Planning Section Chairman

Vice路Chairman

Seplember, 1973

H. T. Larzelere , Jr. 1100 Boyle Building little Ro ck. Arkansas 72201 Ted Drake 208 E. 5th Ave. Box 6038 Pine Blull, Arkansas 71601

Secretary-Treasurer

Director at Large

Harvey Bell 211 Nali o nal Inveslors life Bldg .

Little Ro ck , Arkansas 72201 Terry Mathews 2200 Worthen Bank Bldg. little Rock , Arkansas 72201

Mineral lnw Section Chairman

Robert W. Vater P. O. Box 411 Fort Smith, Arkansas 72901

Young lnwyers Section William R. Willon 711 West T hird SI. little Rock, Arkansas 72201 Vice-Chairman Keith Arman 623 Central Hot Springs, Arkansas 71901 Directors 1974 Robert Cearley little Rock Jacksonville Mike Willon Albert Hannah EI Dorado George Proctor Augusta 1975 John Jackson Gurdon Sam C . Hlghlmlth Batesville David P. Henry little Rock Loull J. Longlnottl, III Hot Springs

Chairman

lnw Student Section .......... Co-Chairman John Biscoe Bingham Route 3 England , Arkansas 72046 little Rock Division .......... Co-Chairman Phillip Farris 2 Nottingham Road , ApI. 12 little Rock . Arkansas 72207

Fayetteville Campus

Page 197

Standing Committees JURISPRUDENCE AND LAW REFORM COMMITTEE William R. Wilson , Chairman Little Rock 1976 E. C . Gilbreath Fort Smith 1974 David Blair Batesville 1974 E. Harley Cox, Jr. Pine Bluff 1974 Dane Clay Little Rock 1974 H. Murray Claycomb Warren 1975 Judge Tom F. Butt Fayetteville 1975 G. D. Walker Jonesboro 1975 Austin McCaskill Little Rock 1975 Sidney McCollum Bentonville 1976 Dan Burge Blytheville 1976 Oliver Clegg 1976 Magnolia

UNAUTHORIZED PRACTICE OF LAW COMMITTEE 1975 Eugene L. Schieffler, Chairman West Helena 1974 Marvin Holman Clarksville 1974 Gerald Brown Paragould 1974 Robert Gibson Dermott 1974 H. Watt Gregory, III Little Rock 1975 Douglas O. Smith , Jr. Fort Smith 1975 Hayes McClerkin Texarkana A. E. Townsend North Little Rock 1975 1976 Eugene Matthews, Jr. Hot Springs 1976 James J. Bayne Des Arc 1976 Larry Patterson Hope William F. Sherman 1976 Little Rock Philip McClendon Special Member Pine Bluff

LEGISLATION COMMITTEE Bradley Jesson, Chairman Fort Smith Graham Partlow Blytheville Thomas Sparks Fordyce John T. Williams Little Rock William Eckert Magnolia Bill Penix Jonesboro Mike E. Wilson Jacksonville Rudy Moore Springdale Edward Lightle Searcy Richard E. Griffin Crossett Gary Brewer Little Rock

LEGAL AID COMMITTEE G. Alan Wooten, Chairman Fort Smith David Landis Jonesboro Robert C. Vittitow Warren Milas Hale North Little Rock David Hodges Newport Walter Niblock Fayetteville Robert B. Gibson Dermott Jerry Light Little Rock Harry Foltz Fort Smith Oscar Fendler Blytheville Carman Lavender Texarkana Gary Barkett Little Rock

1975 1974 1974 1974 1975 1975 1975 1976 1976 1976 1976

PROFESSIONAL ETHICS AND GRIEVANCES

Little Rock Searcy Fayetteville EI Dorado

North Little Rock Fayetteville Paragould Arkadelphia Little Rock Fort Smith Batesville Camden

'.

LEGAL EDUCATION COMMITTEE

COMMITTEE

E. B . Dillon , Chairman Comer Boyett James W. Gallman Dennis Shackleford Dean R. Morley Joseph W. Segers Ray A . Goodwin Otis H . Turner Hubert Mayes, Jr. Lem Bryan W. D. Murphy Tom Gaughan

1974 1974 1974 1974 1975 1975 1975 1975 1976 1976 1976 1976

,.

1976 1974 1974 1974 1974 1975 1975 1975 1975 1976 1976 1976

Martin Gilbert, Chairman Ike Allen Laws Randall Ishmael Richard H. Mays Glenn W. Jones, Jr. Owen C. Pearce Wayne Boyce Richard A. Williams A. D. McAllister Knox Kinney Jim McKenzie Herb Rule

Pine Bluff Russellville Jo nesboro

EI Dorado Little Rock Fort Smith Newport Little Rock Fayetteville Forrest City Prescott Little Rock

1975 1974 1974 1974 1974 1975 1975 1975 1976 1976 1976 1976

,

路1

Special Committees Annual Meeting Committee Richard A. Williams , Co-Chairman Robert D . Ross , Co-Chairman John G . Lile, Vice-Chairman Robert L. Jones, III , Reporter Dale Price William R. Wilson

Page 198

Little Rock Little Rock Pine Bluff Fort Smith Little Rock Little Rock

Richard Hobbs Don Schnipper Hugh W. Harrison, Jr. Allan W. Horne Auditing Committee John L. Johnson, Chairman Byron Eiseman, Vice-Chairman

Hot Springs Hot Springs Jonesboro Little Rock Little Rock Little Rock

The Arkansas Lawyer

I.

Little Rock Paul Hoover, Reporter Little Rock Frank H. Cox Little Rock Donald Nance Fort Smith E. C . Gilbreath Au t omobile In.urance Committee Little Rock Bruce T. Bullion . Chairman Wynne J. L. " Bex " Shaver, Vice-Chairman Pine Bluff Edward I. Staten, Reporter Little Rock John H. Jacobs Little Ro ck Dale Price Jonesboro G. D. Walker Little Rock Wm. A. Eldredge, Jr. Paragould Gerald Brown Batesville John Purtte EI Dorado Dennis Shackleford Little Rock Charles Brown Batesville Fred Livingston Hot Springs Don Pullen Camden Julian Streett Little Rock Henry Woods Award Of Merit Committee Fort Smith David T . Hubbard, Chairman Fort Smith Tom Robertson , Vice-Chairman Fort Smith Patrick Moore, Reporter Little Rock Ben Rowland Little Rock Phillip Carroll North Little Rock Byron Smith, Jr. Little Rock Joe W . Gelzine Little Rock David B . Bogard Little Rock Paul D. Capps Little Rock Beresford L. Church , Jr. Little Rock Terry Mathews Little Rock Frances Holtzendorff Little Rock W. E. Henslee Little Rock Sid Dabbs Judith Rogers North Little Rock Clyll Procedure. Committee Paragould Gerald Brown, Chairman Pine Bluff Steve Matthews. Vice-Chairman Fort Smith Jerry L. Canfield , Reporter Little Rock Robert D. Ross Little Rock Vincent Foster Little Rock Cyril Hollingsworth Osceola Herschel Cleveland Mount Ida Gayle K. Ford Lake Village Bill R. Holloway Little Rock James D. Storey Jonesboro Gary E. Johnson Fort Worth, Texas Larry W. Burks Pine Bluff John G. Lile Hot Springs Judge James Chesnutt Harrison Judge Joe Villines Claim. Rey lew Committee Little Rock Cooper Jacoway, Chairman Little Rock William A . Eldredge, Jr., Vice-Chairman Little Rock Dale Price , Reporter Little Rock Joseph L. Buffalo, Jr. Billy S. Clark Little Rock Little Rock Robert Lindsey Little Rock H. E. McDermott, Jr. William Moorhead Stuttgart Richard Muse Hot Springs Searcy Odell Pollard Jacksonville Ben Rice Cllantl ' Security Fund Committee W . J . Williams , Jr., Chairman Little Rock Clay Patty, Jr., Vice-Chairman Little Rock Eldon F. Coffman, Reporter Fort Smith Jerry T. Light Little Rock H. W. McMi llan Arkadelphia September, 1973

James H. Rice Little Rock James K. Young Russellville William T . Kelly Little Rock Computer U. e By Lawyer. Comm ittee Ronald A . May. Chairman Little Rock Mitchell Moore, Vice-Chairman Osceola W i lliam A . Hough . Reporter Little Rock J . N. Dowell Little Rock Paul Giuffre Fort Smith Frank Booth Fort Smith B url C . Rotenberry Fort Smith George O . Jernigan . Jr. Little Rock Rudy Moore Springdale Herschell Cleveland Osceola Robert Branch Paragould Charles Beasley Fort Smith C lay Patty Little Rock William Bowen little Rock Bill F. Jennings Magnolia Mi chael R. Denn is. Law Student Member Little Rock Murrey Grider. Law Student Member Fayetteville Constit ution And By-Laws Committee Winslow Drummond. Chairman Little Rock Thomas F. Butt. Vice-Chairman Fayetteville Julian Fogleman. Reporter West Memphis Henry Woods Little Rock James B. Sharp Brinkley Ri c hard H. Mays EI Dorado Philip E. Di xon Little Rock Constitutional Reform Committee George E. Campbell. Chairman Little Rock David Solomon , Vice-Chairman Helena Vincent Foster, Reporter Little Rock John P. Gill Little Rock J ames A. Ross , Jr. Monticello Philip E. Dixon Little Rock G . Byron Dobbs Fort Smith Lewis P. Epley , Jr. Eureka Springs Charles Frierson , III Jonesboro Charles B . Roscopf Helena Richard S. Arnold Texarkana Richard H. Mays EI Dorado Field K . Wasson Siloam Springs Judge Thomas F. Butt Fayetteville Floyd C . Crow Hope W . C . Barrier Little Rock Dr. Robert A . Leflar Fayetteville C . R. Huie Little Rock John Elrod Rison Marion Burton Little Rock J. L. Shaver, Jr. Wynne Eugene T. Kelley Rogers Dan McCraw Hot Springs W . T . Kelly Little Rock R. C . Butler, Jr. Litlle Rock Herbert C . Rule. III Little Rock Ann Henry F ayettevi lie Charles A . Brown Little Rock Donald J . Adams Harrison Thomas E. Sparks Ford yce E. L. Hollaway Corn ing Creditor. ' Right. Committee Charles Ledbetter, Chairman Fort Sm ith Abner McGhee, Vice-Chairman Little Rock Charles W . Baker, Vice-Chairman Little Rock Larry McCord , Reporter Fort Smith Robert Branch Paragould Tom F. Lovett Little Rock William L. Owen Little Rock Thomas Pearson Fayetteville Page 199

Charles Roscopf Griffin Smith James R. Van Dover Robert Thompson Nathan M . Norton , Law Student Member

Helena Little Rock Marianna

Paragould Forrest City

Delenle 01 Cri minal Indigent. Comm ittee Don Langston , Chairman

Fort Smith

Robert L. Pierce, Vice-Chairman

Little Rock

Wayne Harris, Reporter Cecil B. Nance , Jr. James K. Young

Wilbur C. Bentley J. W . Looney Nicholas H. Patton

Fort Smith West Memphis Russellville

Little Rock Columbia, Missouri Texarkana

David Hodges Newport Julian D. Streett Camden R. H. Mills Little Rock W. H. Dillahunty Little Rock Vincent E. Skillman West Memphis A. E. Raff, Jr. Helena Lloyd R. Haynes Little Rock James L. Sloan Little Rock Col. James W. Murphy Little Rock E. L, Hollaway Corning Ronald D. Young, Law Student Member Stephen C . Engstrom, Law Student Member Van A. Gearhart, Law Student Member Mark Stodula, Law Student Member Delk Book Byron Dobbs, Chairman Fort Smith Paul W . Hoover, Jr., Vice-Chairman Little Rock Cody Hayes, Reporter Fort Smith Robert L. Robinson , Jr. Little Rock Clay Patty, Jr. Little Rock Judge Richard Mobley Russellville James A. Ross , Jr. Monticello George E. Pike, Jr. Little Rock John F. Forster, Jr. Little Rock Richard C . Butler, Jr. Little Rock Ted Drake Pine Bluff Gordon S. Rather, Jr. Little Rock Bert N . Darrow Little Rock Sam Hugh Park Van Buren Neva Talley-Morris Little Rock Marvin Robertson Cabot Economic. Of Law Practice Committee Fort Smith Owen C . Pearce , Chairman Little Rock W. Dane Clay . Vice-Chairman Fort Smith Robert L. Jones, III, Reporter Osceola Mitchell Moore Helena Douglas Anderson William K. Ball Harry F. Barnes

Robert B. Branch , Sr. Ralph E. Wilson Peter G. Estes John M . Fincher Paul L. Giuffre John C . Gregg Richard F. Hatfield Paul J . Hogue Thomas D. Ledbetter Tom F. Lovett Philip K. Lyon Richard L. Martin Walter R. Niblock Fred E. Pickett John M . Pittman Marion J . Starling , Jr. Page 200

Monticello Camden

Paragould Osceola Fayetteville North Little Rock Fort Smith Paragould Searcy Hot Springs Harrison

Little Rock Little Rock Fort Smith Fayetteville Ashdown West Helena Pine Bluff

Texarkana

John F. Stroud, Jr.

Forrest City Little Rock

Henry Wilkinson Richard A. Williams

Environmental Law Committee Richard S. Arnold , Chairman

Texarkana

Chris Barrier , Vice-Chairman Carman Lavender, Reporter

Little Rock

Gerald L. Delung W. Dent Gitchel John H. Jacobs Robert Cearley Louis C , Kirby Donald J. Adams Stanley R. Langley Dr. Robert R. Wright Robert L. Jones, III

Fort Smith Little Rock Little Rock Little Rock Gentry

Texarkana

Harrison Jonesboro

Norman, Oklahoma Fort Smith Little Rock Springdale

George O . Jernigan

Rudy Moore Douglas Anderson

Helena

William L. Patton, Jr. Cliff Jackson Paul Sullins Elbert Cook James M. McHaney Thomas B. Keys John Tatum H. Clay Robinson Thomas A. Daily Alyn C . Tatum James E. Baine Dave W. Harrod Edith Virginia Shiras, Student Member

Crossett

Hot Springs Little Rock Little Rock Danville

Fort Smith Fort Smith Batesville EI Dorado Little Rock Fayetteville

Federal Legilial/on And Procedurel Committee E. Charles Eichenbaum, Chairman Li ttle Rock Fort Smtih J. S. Daily, Vice-Chairman J. Gayle Windsor, Reporter Little Rock E. H. Arnold Little Rock Little Rock Leon B. Catlett F. C. Crow Hope Little Rock Oscar E. Davis , Jr. Little Rock George Ellis Little Rock Jack D. Files Richard E. Griffin Crossett EI Dorado William L. Hopper Hartman Hatz Fayetteville Jerry Jackson Little Rock Lloyd McCain Little Rock George Plastiras Little Rock W. R. Riddell Clarksville Jim Ross , Jr.

John Mac Smith Thomas S. Stone

Congressman William V . Alexander Congressman Wilbur D. Mills Congressman Ray Thornton

Wash ington, Wash ington, Wash ington , Wash ington , Wash ington ,

Financial Sources Committee David Hodges, Chairman

James H. Wilkins, Jr. Maurice Cathey Oscar Fendler George Proctor C . R. Warner , Jr. Louis Ramsay

Guy Amsler, Jr. Dean Wylie Davis

o

,

Monticello

West Memphis North Little Rock

Honorary Members :

Senator John L. McClellan Senator J . William Fulbright

,

Little Rock Little Rock

D.C .

D.C .

D.C .

D.C .

D.C .

Newport

Little Rock Paragould Blytheville Augusta Fort Smith Pine Bluff Little Rock Fayetteville The Arkansas Lawyer

j

II

Government And Corporate Attorneys Committee Fort Smith Robert Johnson. Co路Chairman Little Rock Donald King, Co -Chairman Little Rock W. H. Di ll ahunty . Vice-Chai rman Fort Smith Bob Dougherty, Reporter Little Rock Robert L. Brown Little Rock Jack Browne Little Rock Don Smith Little Rock Dewey Moore. Jr. Little Rock John Gautney Fort Smith Charles Beasley Fort Smith Spence Leamons Crossett Paul Sullins Group Insurance Plans Committee Little Rock Branch Fields. Chairman Little Rock Eugene Bailey, Vice-Chairman Little Rock John C. Ward, Reporter Fort Smith Eldon Coffman Little Rock Eugene Mazzanti Little Rock Harlan A . Webber Little Rock Wi ll iam L. Patton . Jr. Blytheville Don Prevallet Hot Springs Charles R. White Little Rock Ben McMinn North Little Rock Thomas S. Stone International Law Committee Jonesboro Joe C . Barrett, Chairman Little Rock Ronald A. May. Vice-Chairman John C . Echols , Reporter Little Rock Sidney S. McMath Little Rock E. Charles Eichenbaum Little Rock Douglas L. Wilson Rogers Stuttgart Arthur R. Macom Ralph M. Sloan, Jr. Little Rock William D. Haught Littla Rock F. Russell Rogers Stuttgart Clarksville W. R. Riddell Fort Smith Gerald Delung

Internship Committee Professor David R. Hendrick. Jr. Little Rock Co-Chairman Fayetteville A. D. McAllister, Jr. . Co-Chairman Littte Rock Boyce Love. Vice-Chairman Springdale John Lisle , Vice-Chairman F ayettevi lie Sid Davis. Reporter Little Rock David Henry Fayettevil le Hugh Kincaid Fort Smith Ben L. Paddock Pine Bluff James L. Hall , Jr. Rogers Howard Slindard Fayetteville J . S. Steven Harrison Tom Ledbetter Little Rock Robert D. Cabe Albert R. Hanna EI Dorado Don F. Hamilton Little Rock H. Watt Gregory, III Little Rock James W . Moore Little Rock Pine Bluff John A. Davis, III William C. Bridgeforth Pine Bl uff Ned A. Stewart, Jr. T exarkana Paragould Ray A . Goodwin Judicial Council Liaison Committee Hope James H . Pilkinton. Chairman Phillip Carroll, Vice-Chairman Little Rock Jimason Daggett. Reporter Marianna Gerald Pearson Jonesboro

Judicial Nominations Committee Albert Graves , Chairman John D. Eldridge, Vice Chai rman

September, 1973

Hope Augusta

W . B . Putman, Reporter William S . Mitchell R. A. Eilbott J. H . Evans James E. West (Ex-Officio Member) Arkansas Bar Association President James B. Sharp (Ex-OffiCio Member) President-E lect , Arkansas Bar Association Dale Price (Ex-Officio Member) Chairman , Executive Council Labor Law Committee B. S. Clark, Chairman J . Michael Shaw James W. Moore Jeff Starling Philip E. Kaplan Theodore L. Lamb Silas H . Brewer. Jr. Robert E. Funk , Jr.

Fayettev ille Little Rock Pine Bl uff Fo rt Smi th Fo rt Smith Brink ley

Little Rock Little Rock Fort Sm ith Little Rock Pine B luff Little Rock Little Rock Little Rock Lit tl e Rock

Law SchOOl Committee Herschel H . Friday, Chairman Louis L. Ramsay . Jr., Vice-Chairman Robert Shu Its. Reporter Fred M . Pickens Lewis D . Jones James B. Sharp J . C . Deason Richard S. Arnold Jerry L. Canfield

Little Rock Pine Bluff Litt le Rock Newport F ayettevi lie Brinkley Jonesboro Texarkana Fort Smith

Law Student Liaison Committee Jim Dickson , Co-Chairman Fayetteville Hermann Ivester, Co-Chairman Little Rock William Storey , Vice-Chairman Fayetteville Willard Smith. Reporter Fort Smith A. D. McAllister, Jr. Fayettevi l le Rick Beard Pine B luff Don M. Schnipper Hot Springs Richard Slagle Hot Springs David B. Horne Fayetteville John W. Walker Little Rock Fayetteville John Steven C lark H. A. Simpson Pocahontas M. J. Probst Pine Bluff J. A. Crain Mountain Home Don Killebrew Siloam Springs A llen Roberts Camden Dan Bartell Jacksonville Rice Van Ausda ll H arrisburg Helena Gerald Asher Keith Arman Hot Springs James K. Young Russellville Neva B. Talley-Morris Little Rock Little Rock James H. Rice John C. Gregg Paragould John B . Bingham, Law Student Member F ayettevi lie Sam Perroni, Law Student Member Little Rock Lawyer Referral Service Committee Fort Smith Robert L. Jones, Jr., Chairman No rt h Little Rock Bob Dawson , Vice-Chairman Little Rock Eli zabeth Brooks, Reporter Searcy Dick Hatfield Hot Springs Louis J . Longinotti , III Little Rock Carl Bonner Fayetteville James O. Burnett M urf reesboro Ji mmy Featherston Wi lliam W. G reen Hot Springs James B. Hainen DeQueen Wi ll iam R. Hass Mammoth Springs Berryville Paul Jackson Page 201

Paul Jameson Fayetleville Larry McCord Fort Smith Little Rock Eugene J. Mazzanti Heber Springs Earl Olmstead Dardanelle Kenneth Parsley Benton Curtis E. Rickard Little Rock John Purtle Little Rock Joe Madey Little Rock Lou is Rosteck Little Rock Jerry Faubus Little Rock James H. Larrison Long Range Planning Committee little Rock Winslow Drummond , Chairman Pine Bluff Steve Matthews, Vice-Chairman Newport Wayne Boyce, Reporter Phillip Carro ll little Rock Fort Smith Ben Core Fayetteville Dean Wylie Davis Texarkana Richard S. Arnold little Rock Justice John Fogleman Helena David Solomon Jonesboro J. C , Deacon Crossett William S. Arnold Little Rock Henry Woods Malpractice Panel Committee Little Ro ck William A. Eldredge, Chairman Fayetteville Dr. Morriss Henry Fort Smith Mike Shaw Hot Springs Earl Lane Jonesboro David Laser little Rock Alston Jennings Pine Bluff Steve Matthews Marit ime Law Committee Gordon S. Rather, Jr., Chairman Edward E. Bedwell Kenneth Baim E. W. Brockman , Jr. Fred Livingston Bert N. Darrow E. C . Gilbreath James W . Moore Donald S. Ryan Mike Huckabay Russell J. Wools William L. Owen W. R. Ridell Leslie Evitts C . Wayne Dowd J. W. Steinsick Lee Tucker David Westmoreland Bill R, Holloway Eugene J. Mazzanti Charles A. Walls, Jr. Guy H. Jones, Jr. Ray Galloway J , Michael Shaw Jim Bill Spears Membership Comm ittee Robert C . Compton, Co-Chairman Bill Wilson. Co-Chairman All Delegates serve as Committeemen .

Memorials Committee Warren O . Kimbrough . Chairman Judge Van Taylor Judge Thomas F. Butt Judge Ernie Wright Judge Royce Weisenberger Judge Terry Shell

Page 202

Little Rock Fort Smith Pine B luff Pine Bluff Batesville Little Rock Fort Smith Little Rock Little Rock little Rock Little Rock little Rock Clarksville Clarksville Texarkana Blytheville Benton Fort Smith Lake Village little Rock Lonoke Conway Helena Fort Smith little Rock EI Dorado little Rock

Fort Smith Dardanelle Fayetteville Harrison Hope Jonesboro

EI Dorado C. Compton McGehee James Merritt Helena George K. Cracraft, Jr. Paragould Charles Light Searcy R. Bethune, Jr. Municipal Corporation Committee Jerry Lee Canfield , Chairman Fort Smith William Clark Daviss Stuttgart James V. Spencer, Jr. EI Dorado Bill Ross Blytheville Ike Allen Laws, Jr. Russellville DeWitt Claude W. Jenkins William C. Bridgeforth Pine Bluff Floyd G. " Buddy" Villines, Law Student Memberlittle Rock New Headquarters Committee little Rock Edward Lester, Chairman Fort Smith Ben Core Brinkley James B. Sharp Helena David Solomon Little Rock Philip Anderson Little Rock William l. Terry Jonesboro Douglas Bradley EI Dorado Worth Camp Newport Wesley Bengel little Rock W. P. Hamilton, Jr. Pine Bluff Don Smith Little Rock Boyce Love EI Dorado William J. Wynne West Memphis Julian Fogleman Fayetteville W. W. Bassett, Jr. Little Rock Bill Rea Batesville Caldwell Bennett Heber Springs Carl McSpadden Little Rock Darrell Dover Little Rock William R. Overton Forrest City Harold Sharpe Benton Joe Purcell little Rock C . J. Giroir little Rock Carl Langston Little Rock W. J . Walker Charles l. Carpenter North little Rock Pre-Law Adviso rs Committee Little Rock Judge Darrell Hickman, Co-Chairman little Rock Neva Talley-Morris, Co-Chairman Fort Smith Judge Paul Wolfe, Vice-Chairman Fayetteville Steve Clark , Reporter Magnolia Thomas Ark Monroe. III Arkadelphia Lera Kelly Clarksdale J . Marvin Holman Batesville Allyn C . Tatum Pine Bluff J. W. Dickey, Jr. Jonesboro Joe Boone Arkadelphia Otis H. Tu rner Monticello James A. Ross . Jr. Russellv ille Robert Hays Williams Texarkana Leroy Autrey Little Rock William Haught Little Rock Fred Usery Hot Springs Richard l. Slagle Little Rock Don N. Curdie Fort Smith Charles Ledbetter Little Rock Jay Blover, Law Student Member Prepaid Legal Services Commit tee Little Rock Robert McHenry, Chairman Fort Smith Burl Rotenberry, Vice-Chairman Little Rock Jack Young , Reporter Little Rock Silas Brewer H. W. McMillan Arkadelphia Richard F. Hatfield Searcy Van Buren Fines Batchelor, Jr.

Robert Judge Judge Judge Edwin

The Arkansas Lawyer

,

I

r

Eugene Harris M ichael O. Parker, Law Student Member Probate Law Committ ee Leon ard Scoll, Chai rm an Judge Alex Sanderson , Vice-C hai rm an H arry E. Meek, Honorary Chai rman Clay Patty, Repo rte r Thomas A. Daily Judge Warren Kimb rough T homas J . Bonner

E. L. Cullum Richard Hipp George Proctor Judge Royce Weisenberger Oliver Clegg J. Marvin Holman Judge Thomas F. Butt Weems Trussell

Edward L. Wright, Jr. Ben C. McMinn Abner McGehee A. Leon Helms, Jr. Dan Harrelson John Patterson

Pine Bluff Fayettevi lle Little Rock Texa rkana

Little Rock Little Rock Fo rt Smith Fort Smith Little Rock Little Rock Fayetteville Augusta Hope Magnolia Clarksville Fayetteville Fordyce Little Rock Little Rock Little Rock Little Rock Pine Bluff Clarksville Litlle Rock West Memphis

George Plastiras Ralph W. Sloan Jonesboro James Stallcup Fayetteville Richard L. Wommack Cabot Marvin Robertson Little Rock Byron Eiseman Pro'e.slonal Utilization Commit tee Crossett William S. Arnold , Chairman Fayettevi lie Dean Wylie Davis, Vice-Chairman Fort Smith Jerry Pruitt , Reporter Jonesboro J. C. Deacon Little Rock James Storey Hope Albert Graves, Jr. Little Rock Governor Dale L. Bumpers Public In'ormatlon Commit tee Little Rock James Buttry, Co-Chairman Little Rock Virginia Tackett , Co-Chairman Little Rock W. Dent Gitchel Batesville Sam Highsmith Paragould Donis 8 . Hamilton Little Rock John R. Buzbee Helena Douglas Anderson Harrison Tom Ledbetter Board Camp J. W. Looney EI Dorado J. V. Spencer, III Newport James A . McLarty Fort Smith Bill Thompson Lake Village Ohmer C. Burnside, Jr. Fort Smith George E. Klock Little Rock Omar Greene Fayetteville F. H. Martin Texarkana R. S. Weisenberger, Jr. Little Rock Paul Benham, III North Little Rock Larry Wallace North Little Rock Bob Dawson Pine Bluff Jeff Starling Camden Charles Plunkett Little Rock Arlene Heath Fayettevi lle Terry Kirkpatrick Little Rock A lvin Schay Jonesboro Jon R. Coleman Little Rock James R. Rhodes, II I Real Est ate Law Committee Newport Marvin O. Thaxton, Chairman Little Rock Elizabeth Young , Vice Chairman Russellville Judge Richard Mobley

September, 1973

J. Gayle Windso r Little Rock Edward L. Wrig ht, Jr. Litt le Rock Wi ll iam L. Blair Li tt le Rock James H . 'McKenzie Prescott C. E. Ray Marianna Charles Matthews Little Rock Judge Ernie Wright H arrison Midd leton Ray, Jr. Little Rock Sloan Rainwater, Jr. Walnut Ridge Herbert Rule Little Rock Fred Livingstone Batesville Paragould Donis B . Hamilton Ralph W. Sloan West Memphis Robert J. Brown Little Rock J. Drew Avance Little Rock H oward Cain, Jr. Huntsville Christopher Barrier Little Rock Retirement Plan Committee Pine Bluff John L. Rush, Chairman George Plastiras , Vice-Chairman Little Rock Robert Holmes , Rep orter Pine Bluff Robert Bran ch Paragould James H . Rice Little Rock Marvin Robertson Cabot Larry W. Burks Fort Worth , Texas Byron Eiseman Little Rock Frank Shaw Fort Smith Ted N. Drake Pine Bluff John Selig Little Rock R. L. Choate Magnoli a EI Dorado William I. Prewitt Jay Dickey, Jr. Pine Bluff Clint Huey Warren Hugh Hardin Fort Smith James A. Pate Little Rock Walter Davidson little Rock W. T. Kelly Little Rock Resolutions Comm ittee Paul B. Young, Chairman Pine Bluff C layton Little, Vice-Chairman Bentonvi lie Judge Charles Light Paragould Fort Smith Oouglas Parker David Solomon Helen a Special Comm ittee On Corrections John T. Lavey, Chairman Little Rock Rick Beard , Vice-Chairman Pine Bluff Jack Holt, Jr., Reporter Little Rock Richard L. Mays Little Ro ck Marion S. Gill Duma s Don M. Schnipper Hot Springs William C . Bridgeforth Pine Bluff John Lineberger F ayettevi lie Odell C . Carter Star City Beryl Anthony, Jr, EI Dorado Thomas L. Cashion Eudo ra Bob Blatt Fort Smith Douglas W. Greene, III , Law Student Member Stand ards Fo r Administra tion 0 ' Criminal Justice Committee Robert Faulkner, Chairman Little Rock James R. Rhodes, II I Little Rock Edwin R. Bethune Searcy Judge Steele Hays Little Rock Judge Melvin Mayfield EI Dorado Judge Bobby Steel Nashville Robert J. Brown little Rock Kaneaster Hodges, Jr. Newport Frank Wynne Fordyce Robert F. Fussell Litt le Rock Phillip Kaplan Little Rock Page 203

Joe Boone John Selig Bill G. Wright

Jonesboro Little Rock Fort Smith

Transport ation Committee W. H. Sullon , Chairman Don Smith. Vice-Chairman Terry Mathews, Reporter Bruce Bulli on

lillie Fort lillie Little

Littl e Rock

Charles Lincoln

Little Rock

Hot Springs Eugene Mallhews, J r.

Judge Wi lli am Enfield Ben tonvil le Don N. Curdie lillie Rock EI Dorado Beryl Anthony , Jr. Helen a Ray Galloway Robert L. Pierce North Little Rock Fayelleville Terry Kirkpatrick lillie Rock Wilbur Bentley lillie Ro ck C liff .J ackson Little Rock Ri ck Orintas Phillip Kinsey David M. Wil liams, Law Student Member D on A. Eilboll, Law Student Member State And Federal Securities Committee lillie Ro ck Walter Davidson , Chairman Bentonvi lle Ernest Lawren ce. Vice-Chairman lillie Ro ck Joe Buffalo, Rep o rter Lillie Rock H. Wall Gregory Pine Bluff E. Harley Cox lillie Rock James M . Bryant, III Lillie Rock William l. Pallon Little Rock William F. Sherman lill ie Rock Don Jack EI Dorado Emon A . Maho ny

Louis Tarlowski Joe Woodward

Little Rock Magnolia

H. Wi lli am Allen Justice John Fog leman Jack Holt, Jr. William H. Howell Comrade Knauts Wi lson F. Webste r William G . Myers John H. Haley

Fayellevil le Little Rock

James Guy Tucker

Little Rock lillie Rock lillie Rock Texarkana Pigg oll

Jonesboro

Rock Smith Rock Rock

Uniform Laws Committee J. C. Deacon, Chairman Jonesboro Phillip Carroll Little Rock William S. Arnold Crossell Joe C. Barrell J onesboro Robert A. Leflar Fayelleville Marcus Halbrook lillie Rock Cou rtney C. Crouch Springdale Quincy Byrum Hurst, Jr., L aw Student MemberFayellevilie Workmen '. Compensation Committ ee Eld on F. Co ffman , Cha irman Fort Smith Troy Doug las , Vice-Chairman Fo rt Smith Bobby adam , Reporter Fayelleville Robert C. M arquelle Fayellevill e Bill Pen ix Jonesboro Norwood Phillips EI Do rad o Steve Matthews Pine Bl uff Boyce Love lillie Rock Ted Lamb lillie Rock George Lusk L illie Rock James Larrison Little Rock Phill ip H. McMath Little Rock

,

Arkansas Bar Foundation OFFICERS Chairman

Philip S, Anderson 2200 Worthen Bank Bu ilding lill ie Rock, Ark . 72201

Vice -Chairman

John F, Stroud, Jr. State Line Plaza Texarkana, Ark . 75501

Waller R, Niblock P.O. Box 818

Secretary-Treasurer

Fayetteville, Ark . 71701

DIRECTORS Phil ip S. Anderson Albert Graves Robert Branch Kaneaster Hodges , Jr. Courtney C . Crouch E. Harley Cox, Jr. J o hn F. Stroud, Jr.

1974 1974 1974 1974 1974 1974 1974

lillie Rock Ho pe Paragould Newport Springdale Pine B luff Texarkana

Robert C . Compton David N. Laser Dou glas O . Smith, Jr. Waller R. Niblock J. L. Shaver, Jr. Edward Lester William H. Sutton

1975 1975 1975 1975 1975 1975 1975

EI Dorado Jonesboro Fo rt Smith Faye llevi lle Wynne lillie Ro ck lillie Rock

EX-OFFICIO James E. West, President, Arkansas Bar Association Page 204

The Arkansas Law yer

,I,

ARKANSAS BAR FOUNDATION COMMITTEES FINANCE COMMITTEE

AWARDS COMMITTEE EX-OFFICIO MEMBERS Chairman Arkansas Bar Foundation ..... Philip S. Anderson President Arkansas Bar Association ..... James E. West Chairman State Jud icial Council . . . Judge Harrell Simpson Chairman . ........ Dale Price Association 's Executive Council ..

Chairman Young Lawyers Section .. William R. Wilson

BUILDING COMMITTEE

James B . Sharp David Solomon

Little Rock Texarkana Searcy Little Rock Brinkley Helena

Julian Fogleman

West Memphis

John P. Gill , Chairman John F. Stroud, Jr. Comer Boyett

Boyce Love

C . R. Warner , Jr. Edward Lester Henry Woods

Fort Smith Little Rock Little Rock

FUND DRIVE COMMITTEE William H. Sutton, Chairman Frank Cox Jeptha Evans David N. Laser Doug las O. Smith , Jr. William R. Wilson Richard F. Hatfield Robert D. Ross

Little Ro ck Little Rock Booneville Jonesboro Fort Smith Little Rock Searcy Little Rock

John L. Johnson , Chairman Byron Eiseman John F. Stroud, Jr. Walter R. Niblock

Little Rock Littte Rock Texa rkana F ayettevi lie

MEMORIALS COMMITTEE Robert L. Jones, Jr., Chairman Dale Price William S. Mitchell Clint Huey Phillip Carroll William H. Arnold , III William B . Putman Pau I B . Young Charles B . Rosco pf Robert Hays Williams Herman L. Hamilton , Jr. John A . Davis, III Robert B . Branch , Sr. Th o mas E. Sparks Kaneaster Hodges . Jr. Gerald Brown Albert Graves , III Robert Compton J. L. Shaver, Jr.

Fort Smith Little Rock Little Rock Warren Little Rock Texarkana Fayetteville Pine Blull Helena Russeliville Hamburg Pine Blull Paragould Fordyce Newport Paragould Camden EI Dorado Wynne

PLANS AND PROGRAMS COMMITTEE Richard S . Arnold , Chairman Wylie Davis J . Gaston Williamson H. William Allen J o hn Calhoun Sidney P. Davis, Jr. Robert A . Letlar E. Harley Cox , Jr.

Texarkana F ayettevi I Ie Little Rock Little Rock Little Rock Fayetteville Fayettevil le Pine Blull

local Bar Associations

I

r

ARKANSAS ASSOCIATION OF WOMEN LAWYERS President Vice·President Treasurer Recording Secretary Corresponding Secretary

Grace Ferguson Dorothy Yancy Howard Rebecca Norton Thelma Lorenzo Francis Holtzendorll

ARKANSAS COUNTY BAR ASSOCIATION President Claude W . Jenkins Vice·President F. Russe tt Rogers Secre tary. Treasu rer Virgi l Moncrief September, 1973

BAXTER-MARION COUNTY BAR ASSOCIATION President Gordon F. Engeler Vice·President James C . Johnson Secretary·Treasurer Drew Luttrell BENTON COUNTY BAR ASSOCIATION James L. Hendren President Vice-President Donald Kendall Secretary·Treasu rer Sidney McCollum BLYTHEVILLE BAR ASSOCIATION President Vice·President Secre tary

Don ald E. Prevallett B i ll E. Ross John B . Mayes Page 205

BOONE-NEWTON BAR ASSOCIATION President Robert W . McCorkindale Vice~President Jerry Pinson Secretary-Treasurer Buford Gardner BRADLEY COUNTY BAR ASSOCIATION President Robert C . Vitti tow Vice-P resident Robert E. Garner Secretary-Treasu rer Ro bert E. Garner CHICOT COUNTY BAR ASSOCIATION Carneal Warfield President W . K. Gubbs. Sr. Secretary-Treasu rer CLARK COUNTY BAR ASSOCIATION President Secretary-Treasu rer

Travis Mathis Bobby Sanders

CLEBURNE COUNTY BAR ASSOCIATION President Earl N. Olmstead Vice-President Leon Reed Secretary-Treasurer Carl B . McSpadden COLUMBIA COUNTY BAR ASSOCIATION President Larry Chandler Secretary-Treasurer Bill Jennings CONWAY COUNTY BAR ASSOCIATION Nathan Gordon President Charles Eddy Secretary-Treasu rer CRAIGHEAD COUNTY BAR ASSOCIATION Frank Lady President Randall Ishmael Vice-President Larry Boling Secretary-Treasu rer CRITTENDEN COUNTY BAR ASSOCIATION President Joe M . Rogers Vice-President Dona ld Forrest Secretary-Treasurer Steven K. Wood CRAWFORD COUNTY BAR ASSOCIATION President Floyd G . Rogers Vice-President David O . Partain Secretary·Treasurer Darrell Johnson CROSS COUNTY BAR ASSOCIATION President Secretary-Treasurer

Everett Proc tor J . L. Shaver. Jr.

EIGHTH CHANCERY BAR ASSOCIATION Gray Delling~r President Wayne Boyce Vice·President Fred Livingston Secretary-Treasu rer

GREEN -CLAY COUNTY BAR ASSOCIATION President C. W . Knauts Vice-President John C . Watkins Secretary·Treasurer Bob Thompson HOT SPRING COUNTY BAR ASSOCIATION President Joe W. McCoy Secretary-Treasurer David M . Glover INDEPENDENCE COUNTY BAR ASSOCIATION Tom Allen President C. T. Bennett Vice·President Bernice McSpadden Secretary-Treasu rer JACKSON COUNTY BAR ASSOCIATION Tim F. Watson Presiden t Max O. Bowie Secretary· Treasurer JEFFERSON COUNTY BAR ASSOC IATION John Lile President George Howard Vice-President John Rush Secretary-Treasu rer LAWRENCE-RANDOLPH COUNTY BAR ASSOCIATION Harry L. Ponder President Harrell Simpson. Jr. Vice·President Tom l. Hilburn Secretary-Treasu rer LEE COUNTY BAR ASSOCIATION President Vice-President Secretary-Treasu rer

W . H. Daggett Carrold E. Ray Dan H. Felton . III

NORTH PULASKI COUNTY BAR ASSOCIATtDN President Joel C . Cole Vice-President M He Wilson Secretary. Treas urer Mike Wims NORTHEAST ARKANSAS BAR ASSOCIATION President Mitchell D. M oore Secretary-Treasurer David Burnett OSCEOLA BAR ASSOCtATION President Vice-President Secretary-Treasu rer

Ralph F. Wilson C . David Burnett Mitchell D. M oore

OUACHITA COUNTY BAR ASSOCIATION President Searcy W . Harrell. Jr. Vice-President Ralph E. Faulkner Secretary-Treasurer Robert S. Laney PHtLLlPS COUNTY BAR ASSOCIATION President W . G. Dinning. Jr. Secretary-Treasurer John M . Pittman

FAULKNER COUNTY BAR ASSOCIATION President George F. Hartje. Jr. Vice-President Andre E. McNeil Secretary-Treasurer William C lay Brazil

PIKE COUNTY BAR ASSOCIATION President Lindell Hile Vice-President Jimmy L. Featherst o n Secretary-Treasu re r Philip Clay

GARLAND COUNTY BAR ASSOCIATION R. Scott Campbell President Eu gene Matthews, Jr. Vice-President Regina Whittaker Secretary

POINSETT COUNTY BAR ASSOCIATtON President Vice-President Secretary-Treasu rer

GRANT COUNTY BAR ASSOCIATION President Vlce·Presldent Secretary-Treasu rer

POLK COUNTY BAR ASSOCtATION President Vice-President Secretary-Treasu rer

Page 206

J ohn W. Cole Joe Swaty Harold King

"

Henry Wilson Burk Dabney H. L. Methvin

Joe H. Hardegree Roloert L. Shaw James D. Emerson

The Arkansas Lawyer

, .'

POPE· YELL COUNTY BAR ASSOCIATION William R. Bullock President Dale Finley Vice- President Mrs. Ruth Teat Secre tary· Treasu rer PULASKI COUNTY BAR ASSOCIATION Philip E. Dixon President Dean R. Morley Vice-P resident John M . Bilheimer Secretary-Treasu rer

•

r j

ST. FRANCIS COUNTY BAR ASSOCIATION President Fletcher Long , Jr. Vice-President John W . Mann, Jr .

Secretary-Treasurer Philip Hicky SALINE COUNTY BAR ASSOCIATION President Secretary-T reasu rer

Gladys Wied Ted Donham

SEBASTIAN COUNTY BAR ASSOCIATION H. Clay Robinso n President S. Walton Maurras Vice- President Pat Moore Secretary-Treasu rer SOUTHEAST ARKANSAS LEGAL INSTITUTE John Clayton President Sam Bird President-Elect SOUTHWEST ARKANSAS BAR ASSOCIATION Fred Embry Pickett President Donald Corbin Vice·President Talbot Feild Secretary-Treasu rer

7

TEXARKANA BAR ASSOCIATION President Vi c e-President Secretary Treasurer

LeRoy Autrey Connor W . Patman Gary Nutter Charles Bleil

THIRTEENTH JUOICIAL OISTRICT BAR ASSOCIATION President Charles Plunkett Vice- President Searcy H arrell Secretary-Treasurer Allen Roberts TRI·COUNTY BAR ASSOCIATION President Vice-President Secretary-Treasu rer

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

UNION COUNTY BAR ASSOCIATION President Michae l F. Mahony Vice-President Wallace M . Moody Secretary-Treasu rer Michael R. Landers WASHINGTON COUNTY BAR ASSOCIATION President W . W . Bassett. Jr. Vice-President Walter R. Nib lock Secretary-Treasu rer Terry Kirkpatrick WHITE COUNTY BAR ASSOCIATION President Vice-President Sec retary-Treasu rer

Jerry Cavaneau Jim Hannah Robert Blount

Over 500,000 Arkansans belong!

Blue Cross and Blue Shield offer your company the most for your employees' health protection plan.

Beller benefits. Easier administration for you.

Greater return on the dollars you pay.

If you're interesled, drop us a line on yo ur letterhead.

ARKANSAS BLUE CROSS & BLUE SHIELD, INC. September, 1973

6th & Gaines Little Rock 72203 Page 207

-I,

I

~ PURELY SELFISH REASONS

i

j

( If No Other)

YOU SHOULD BELONG TO THE ARKANSAS BAR ASSOCIA TlON

IF YOU ARE A MEMBER You Are

eligible for participation in the Association Endorsed Group Disability Plan.

Over $45G,OOO in disabi lity 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 Wi I

serve your profession 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 the lawyer's professional status by opposing unauthorized practice, and through an ex panded program of public service ac ti vities.

the good fellowsh ip and the deve lopmen t o f close fri endshi ps w it h you r I1rothl~ r ;---'---''---...:..::=---------- - - - - , lawyers at Assoc iati o n ac ti vities.

This is an opport unity to serve you rself and the pub li c as we ll. receive subscriptions to both the Arkansas Law Review and The Arkansas Lawyer.

These journals will bring you informative articles about the Law, lawyers and th eir activities.

Your membership includes both subscriptions.

You Wi II

ARKANSAS BAR ASSOCIATION

408 Donaghey BUilding Little Rock, Arkansas

Page 208

The Arkansas Lawyer

I

,

(ยงFe

Arkansas Lawyer

SENATOR September, 1973

J. WILLIAM FULBRIGHT Page 209

THE FULBRIGHTS

Page 210

The Arkansas Lawyer

~enator

31. WilHam jfulbrtgbt

"Not o nly has h e been th e bravest and wisest a/advisers. H e is also th e m ost fa rseein g and co n stru cti ve.

It has been sa id of him all too often that he has been right too soo n. That is a great co mplim ent. In our dem ocracy so m ebody who is listen ed to must be right before it is pOPLIlar to be right. " -Walter Lippman n

It is with a certain sense of humilit y that we hav e undertaken to honor Senator J. William Fu lbright . Perhaps we s hould be conlent m erel y to id e ntify th e Se nator -

With Abraham Lincoln " ' Th e dogmas of the quiet past are inadequate fo r the stO nilY present, Th e oc路 casio n is piled high with difficulty, and we must rise with thl' occasio n , A s o ur case is II CW, so we mwjf ,hink an ew an d act WI ('IV , We must disc!",hrall uu rlelves, and then we shall save o ur co untry,' Th e words were written by Abrallam Lin co ln . There is much of Lin co ln aboutlhe man readin g his lines, J. William Fulbrigh t, Senator f rom Arkansas, Chairm an of the Fo reign R elatio n s Co mmillee , and, in creasingly. the balance wlleel of weSlern civi liz.atio n , While o th ers in Co ngress break loose in occasio nal emotional frenzies , Fulbri(?/1f is thinking far ahead - how can we solve this problem . H e is a man of greal humanity. H is affectio n fo r mankind is deep, and n ot WOrtl lighrJy o n his sleeve, Like L incoln's so uthern Illin ois a century ago, Ful brigh t comes fro m a friendly and peace/ul co mmunity wirh a beauty tllm provokl'S men to quiet thought , th e hills 0/ western Arkansas, III borh these m ell, Lin eal" and Fulbright, there is a hard, tough grain of co urage."

-Trist ram Coffin

Or with Win ston C hurchill " Th e true co n ser vati ves, of whom the greatesr i" this cen tury is Sir Win sto ll Chur chill , ar e i" dissolubly ot a il e with the co nstitwio nal so urces of tlf l' n at io n 's life . Fo r them th e narion (s a living thing wh ich gro ws and changes. alld the) think of themselves as pa rticipating in this growth and chan ge.

IJecause th ey themselves are so secure and ce rtain about what is essl'rll ia/ and fimdamenllll, the most intelligent co n se rvatives are liberal ill lempa and progressive in po licy.

Senato r Fulbright is thm kind of co n sen'olive, afld so he is standirl g clwll engl' ro th e reactio nary radicals who are in revol t against all the main dl'velopments of the 20th Century."

-Walter Lippm ann

However, we are moved to do more - particularly s ince he is a member of the Arkansas Bar Association. And so, it is with great pleas ure and pride that we here review the di s tingui s hed Senator's life of se rvice to our Co untry and to our State.

The Arkansas Law ye r September, 1973

Page 211

!think. 0 11 Ihis day of his di verse qualities, oul il seems 10 m e very appro priale Ihallh e Senalo r from Arkansas has diverse qualities. We can reCllil that he was a grea t Iwljba ck. o n th e Arkansas footbail team . ~Ve know him as a scho lar and as all intellectual . He ca n be very graceful in his speech and writings, but th ose of us who have ser ved with him o n th e Fo reign R elmio lt s Co mmittee kn ow thai, if if is necessary, he has all th e skill of a co unty atto rn ey in th e Ozark s of Arkansas .

Senato r Jo hn Sherman Cooper Kentuck y

And that is telling it as it is.

m E3

w

IlROYBAnK FAYETTEVILLE, ARKANSA S

Page 212

Me mbe r F.D.I.C.

The Arkansas Lawyer

THE HILLS OF HOME

Senator Fulbright reminisces befo re former family ho m e

Nord

Jam es W ill iam Fulbright , th e fou rth of six children , w as b o rn o n a farm at Sumner, M isso uri o n April 9, 1905. H is fath er Ja y Fulbr ight and hi s m o th er Ro b erta we re b ot h stro ng ch ara c ters. In 1906, Ja y Fulbright mo ve d hi s famil y to a farm ju st west of Fa ye tt ev ille in th e Arkan sas Ozark s. As he had prev io u sly d o n e in Mi sso uri , Jay bran c h ed out in vario u s enterpri ses and soo n b ec ame o ne o f th e m ost pr osper o u s bu sin essm en in th e ar ea. Th e Ja y Fulbright h o m e wa s ab o ut th e fin est in Fa ye tt ev ille - a red -bri ck , whit eco lumned h o u se at o p M o unt No rd overl oo king th e U ni ve r sit y o f A rkan sas campu s. On Jul y 23 , 1923 , Ja y Fulbright d ied .

Ro bert a Fulbri ght had a ro ugh tim e handling th e fam ily's vario u s bu si n esses - but she did so success full y with th e help of h er so n Bill - he dro pped o ut o f school fo r o n e sem es ter after hi s fath er died .

Fr o m h er co llege da ys at th e Un iver si ty at th e Unive rsit y o f M isso uri, Ro b erta Fulbrigh t wa s a fr u strated jo urnali st. It wa s natural fo r her main interes t to b e ce ntered in th e fa mil y's news pap er, Th e D emocral sh e became a cru sa d ing publi sh er. " Her b ig love, b es ides h er famil y, w as that n ew spap er" - Fulbr ight.

Mother And Son

GREER ABSTRACT COMPANY " Four Generations of Land Title Research "

Faye tt eville, A r ka n sas September, 1973

Ri chard B. Gre e r, Pres.

Ruth A. Greer, Sec y.

Fayetteville, Arkansas

Page 213

I can reca ll tim es when I gave m y chairman co nsid erable headaches, and tim es when he gave m e so m e; but I am positive that he was in co mplete good fa ith and sin cerit y in pursuing his dray as he saw it, just as he is today, and that there is no one in the Senate mo re co nscientio lls and mo re dedicated to th e cause of wo rld peace, no r is there an y man in Ih e Senale m o re complelel y independenl , bOlh of his co l/ eagues and of Ih e execuli ve bran ch of Ihe Gove rnm ent , than lh e Senator fro m Arkansas.

Senato r Russell B. Long

Lo uisi ana

The SenalOr from Arkansas is our kind . ..

Bank of Elkins

A FUll

SERVICE DANK

J. E. Bunch - Joel L. Bunch John A. Bunch, Sr. - Joyce R. Bunch Elkins. Arkansas

Page 2t4

The Arkansas Lawyer

Razorback

I

I

I

r

"Now"

Senator Fulbright shown reminiscing for th e moment of his days as star halfback and quarterback on the University of Arkansas football team . He lettered in football for three years .

His most famous exploits came in Arkansas ' first Homecoming Game with Southern Methodist University on November 18, 1922. SMU was favored by six touchdowns.

After an early exchange of punts, the Razorbacks moved to SMU 's 12-yard line.

Fulbright faked an end run and passed to teammate Homer Barry for a touchdown .

Later, he returned an SMU punt to Mustang territory, setting up his subsequent field goal from the 35-yard line. Arkansas 9, SMU O. Fulbright also captained the varsity tenn is team . He was president of his fraternity and of the student body.

" Then"

McCLINTON BROTHERS COMPANY

KELLEY BROTHERS LUMBER COMPANY "Kelley For Kwality" Com plet e Building Service FayeLteville, Arkansas

September, 1973

-

Anchor Co nst ruction Company Clark and David McClinton Fayetteville, Arkansas

Page 215

I count him as a friend. I speak with absolute assurance when I say that he counts me as a friend. In our case that is extremely important .

He is a man of very, very deep insight . He has an unusually fine intellect, and notwithstanding the touch of impatience - he does want to hear the facts. He masters his own impatience and that is the true measure of a man. He has also the great ability, which I admire so much, to be able to say, I am persuaded. To me those are among the significant wo rds in our language .

- Senator Jacob K. Javits, New York

Sen ator J. W illiam Fulbright We, too, count him friend ...

THE TWIN CITY BANK

TheeAll-Day Bank No rth Li ttl e Rock Pag e 216

Arkansas

The Arkansas Lawyer

Scholar At sixteen, " Bill" Fulbright entered the University of Arkansas and did well academ ically. Hi s last se mester was the Fall 1924 . At the suggest ion of Professor C lark Jorda n , Dean of the Graduate Scho o l, and t he urging of his mother, he applied for a Rhodes Scholarship . In those days , one schola r ship was awarded in each state IwO oul of eve ry Ihree years .

"Afte r several years in which ot her co ll eges and universit ies, usually located o ut of the state , have furnishing the Arka n sas Rhodes sc holar , a Un iversity of Arkansas man has been selected , Jam es William ("Bi ll ") Fulbright being the choice of the committee which mel in Little Rock last Thursday . Fulbright, whose home is at Fayetteville, will e n te r Oxford University , Eng land , next October , with a n income of 350 pounds sterli ng. approximately S I500 an nu a ll y for three yea rs -News Release, December 14. 1924

"Old Maitl ", UniversifY of Arkansas In the fall o f 1925 , at the age o f twenty, he sailed from New Y o rk aboard the LAN CASTR IA for England an d, in par 路 ticular , Oxford. There he entered Pembr o ke Co ll ege, co n centrating o n po li tica l science , history and eco nom ic s. Comme nting in later yea rs , Fulbright obse rved that he had a minimum of intellectual curiosity at fir st, but that he began to read just to learn . Under the tuto rial system , he worked c lose ly with hi s tutor R . B. McCallum , a liberal and keen student of po liti cs (later Master at Pembroke) for six months of each of his three years at Oxford - spending the othe r six mont hs of each year o n the conti nent. Fulbright duplicated his Razorback days, letter ing at lacrosse, captaining the Pemb ro ke tennis learn, and becoming Pr eside nt of the J oh nson Society in his final year.

Upon graduation in June . 1928, he took a personal grand

tour of the conti ne n t and lived in Vi enna for some six months. H ere he was befriended by Mike Fodor , the knowledgab le fo reign correspondent for two leading U.S. newspapers. Fulbright received a further educat io n in practical politics and r e port in g.

Fulbright returned to Fayetteville in 1929 , b ut so on was living in Washington, D. C. He entered George Washington Law School , graduating number 2 in his class of 135 . He worked as a Ju st ice Department special attorney in the antitrust division for a year , and was one of the trial lawyers in the so-ca lled "sick chicke n case" on the lega li ty of the NRA codes. He t he n taught law at the George Washington Law School for another year before again returning to Fayetteville in 19 36.

Julian S. Waterman , first Dean of the Univers ity of Arkansas School of Law (1926- 194 3), got Fulbright to teach o n a parttime basis. Disti ngui shed Professor of Law Robert A. Leflar Waterman's successo r as Law School Dean. recalls: " Wh e n Waterman and I ta lk ed about Bill's comi ng here , we thought he was an able man, and we wo u ld be lucky to get him. H e was a cut ab o ve, maybe seve ral cuts above , anyo n e e lse we might get d o wn here."

I

I

Dean Waterman

Decm Le/lar

fleA! f!)Ju1',?fJ CONSTRUCTION COMPANY Fayetteville, Arkansas

Septem ber, 1973

BRO NSON ABSTR ACT COMPANY W.S. (Windy) Bronson

Fayetteville - Springdale Arkansas

Page 217

I do not know of a more exciting term of years with suc h respo nsibilitie s as the years which Senator Fulbright's command of the committee has covered. The speed of change, the closeness of the issues on decision s that defy simple right and wrong answers or good and bad solutions, and the emotions of the times, have all combined to make a chairmanship on that committee in these days as trying as I could imagine any c hairmanship in this body could ever be. As a member of his committee - to be su re, the lowest in the pecking order, but still a serving member of the committee - I personally sa lute my chairman for his patience, his understanding, his energy, and most of all his imaginativeness, at a lime when we are despera tely searching, not for his answer or my answer alone, but for thp wisest answers that we can come up with . I would not want this occasion to go by without this personal salute from me.

Senato r Gale W. McGee, Wyoming

And, we add our personal salute ...

FIRST NATIONAL Of Spflngdale . Arkansas

Page 218

The Arkansas Lawyer

EDUCATOR

President University of Arkansas

Senato r Fulbright talks with Dr. Stan ley Rypin s after receiving an honorary degree during Rhodes Centenary Celeb ration at Oxfo rd, England

In 1939, Fulbright was appointed Associate Professo r of l aw and began teac hing fu ll time. He was well rec eive d by his st udents , impressed with hi s sch o lastic background, ex perience and humilit y.

Si x days aft er the dea th of Dr. John C. Futrall, Fulbright was appointed th e new president o f the Un ive rsi ty o f Arkansas on Se pt ember 18, 1939. Gove rnor Carl E. Bailey proposed hi s nam e. Befo re accepting, Fulbr ight tried t o get Dr. Waterman to co n si d er the positio n, wit hout success . A t 34, he was th e yo ungest uni ve rsi ty president in the United States . In an swer to so me cri ticism, Fulbright st at ed , " It has bee n suggested that I am too young to be the pres id ent of a great institution, but that is o ne thing fo r whi ch I do n ot ap olo giz e. One might be to o stup id, but never too you ng."

For two year s, Fulbright struggled with the problems o f running a large universit y - always with the them e that ed ucation wa s the key for building a beller socie ty in a poorer sta te, as Arkansas. He was extremely pop ular w ith

the st udent s. Wi th the elec tion of H omer M . Atkins as Arkan sas ' Governor, Fulbright' s tenure as University Presi dent came to an end in spite of student pro te st. On graduation da y at the end of the sc h ool year in 1941 , the Board of Trus tees declared his po st vacant. FulbriRht c alml y acce pted his no tic e. Politics had ended hi s career as an educator.

On Jun e 8, 1971 , the University of Arkan sas in it s One Hundredth Year sa luted " Se nator J. W. Fulbright in recognit io n of di stingui sh ed services to hi s coun tr y incl uding significant leadership in Congress in suppo rt of program s o f ed u cati o n essential to th e o ngo ing development of th e University of Arkansas and it s c apac ity to serve the Stat e and Nat io n," Fu lbrigh t has rece ived mo re than a sco re of honorary degrees, inc lud ing the Honorar y Degre e of Do ct o r of Civil Law fro m Oxfo rd and the H o norary Degree of Doctor of law fro m Cambriqge .

" For he is a latter -day Aristedes, whom 'p assio ns of c itizen s urging base policies do not shake from his purpo se'. Thing s hitherto 'unthinkable ' by his fellowcitizens h e repeatedly dares to think, and indeed t o utter ."

Cambridge Intro duc ti on of Senator Fulbright Jun e 10, 1971

FAYETTEV ILLE SA\" I :s'OS

A :-'-ll

LOA:-'-

A S ~ OCIArlO:-':

David M, McNair, Pre.lden!

Fayetteville, Arkansas

Septe mber, 1973

NnrtIrwpst Arkansas Wimps " Th e Public Interest Is Th e First Concern Of This Newspaper" Fayetteville , Arkansas

Page 219

Woman Behind the Man While in Wash ington on a business trip early in 1930, Fulbright was introduced by an Oxford classmate to Elizabeth K. Williams from the " Main Line " in Philadelphia.

Following a tw o-year cou rtsh ip. which saw Fulbright enter the GW Law School , they were married on June 15, 1932 . Living in the Georgetown area, they were a welcome addition to local society. In 1934, the Fu lbrights returned to Fayetteville, where they purchased and remodeled Rabbit's Foot Lodge. The setting was a ridge on a 1SO-acre plot just outside the town. Betty Fulbright fitted herself in to the local ways. The Lodge was later sold when Fulbright entered the Senate.

During Fulbrig ht's political campaigns, " Betty" Fulbright proved to be a " better politician" than " Bill" Fulbright.

When he had some early difficu Ity in communicating, she would be off and around talking with the voters. The sophisticated lady from the " Main Line " in Philadelphia easily made the trans ition to "Main Street" in Arkansas .

The Fulbrights have two daughters, Mrs. John Winnacker (Elizabeth) and Mrs . Thaddeus Foote (Roberta). and four grandchildren .

"Q : Who's the most popular Senate wife?

A : Although each faction seems to have its favorite , the wife of Sen. JW. Fulbright (D-A rk .) seems to enjoy the widest popularity. She's described by capital observers as 'smart, hip, kind , flexible , easygoing ' and ' thoughtful' . And she enjoys the same popularity back home in Arkansas where one constituent recently told the senator, 'Your wife is a better politician than you are.' ..

-POTOMAC PEOPLE, The Washington Post May 31, 1970

Fulbright Family-195Q

FU LBRIGFaHT ENTERPRISES yetteville, Arkansas Page 220

The Ark ansas Lawyer

a chance to say about a man who has acJf1ed so

0'

(fJ

CD

"0

;;;

much to the richness 01 liIe in the Sena~ ;and in our committee.. He makes service lor all us on the committee a deligh t. It is so nice to be able to say something and to be understood by B man whose in tellecl is just as good aa your own. II not

.e

havi,.~

3

twice as good as your own, without

~

plain something 10 times. Just because has con'rlbuted so much to our esthetic ol_ure. I wanl to pay '"ls tribute.

0~

'"-<

'"

to ex-

likely Any contrib</(ion any 01 us have made al. important and twice as sigl/licant bee""se he ha, helped us, because he huJed us, ...., 'fIrodded lIB. and has encouraged 0 ... 路 twice

- Senator Clifford

"

-u

"

to

CD

'" '"

Case,

'L

Union National Bank of Little Rock memberFD .l.C.

I have watched Bill Fulbright carefully. I have watched him in his service to his own State, his service on the committee, and on the floor of the Chamber.

In all of the time that has passed since we first met so many years ago, I have yet to see the day when Bill has had to take second place to anyone. I consider it a high privilege to have been associated with him and to be associated with him today, to call him friend, and to be the recipient of his advice and counsel down through the years . It has been a deep honor.

Senator Mike Mansfield, Montana

We appreciate " Bill" Fulbright, too .. ,

OHLENDORF FARMS - H A R OL D F. OHL EN DOR F, PR ESID ENTOsceo la, Arka nsas

Page 222

The Arkansas Lawyer

Politico While at George Washington University, Fulbright counselled law stu~ dents to enter public service. In turn, it was suggested that he practice what he preached. He ca rried this theme into his work as university president, and his speeches stressed the neglec路 tion of the art of politics in our Country. One such speech was " The Need for Lawyers in Government".

Congressman Clyde Ellis from the Third Congressional District (including Fayetteville) advised Fulbright in the spring of 1942 that he was going to run for the U.S. Senate. Ellis urged Fulbright to run for his seat in the House.

And so after a further liberal education in the basics of politics Fulbright won by the largest margin in the thirty years in his District - and became a member of the 78th Congress . F.D.R. was President .

Representative J. William Fulbright being congratulated by Representatives Sol Bloom and Charles Eaton on passage of " Fulbright Resolution ."

Fulbright was named to the House Committee on Foreign Affairs. On February 16, 1943, Fulbright delivered his first address , " A Program for Peace", "I think it exceedingly unfortunate to assume at this time that nothing whatever can be done about controlling the savage and violent elements of the world . to assume that World War III is just around the corner - Such an assumption is a most powerful inducement to that very result. I sub~ mit that the only national policy for this great nation of ours is to assume, what I believe to be true, that the peoples of this earth have learned something by experience, that they earnestly desire to avoid and prevent another world war, and that they are willing to make reasonable sacrifices to attain this end. " Fulbright's well路 received address was the first milestone on his road to foreign policy.

On April 5, 1943, Fulbright introduced the famous

jfulbrigbt l\csolution " Resolved, That the House of Represen fatives hereby expresses itself as favoring the creation of appropriate in路 ternat/onal machinery with power adequate to prevent future agression and to maintain lasting peace, and as favoring participation by the United States therein."

(he Resol ution was adopted on September 20 , 1943 by a vote of 360 to 29 . The Senate then followed with a like resolution . The way for acceptance of the United Nations by the United States was made straight. It was the second milestone in his foreign relations approach .

With the fantastic success of his first year in Congress behind him , Fulbright announced on January 31 , 1944 his candidacy for the U.S. Senate.

Arkansas Western Gas Co. FA YETTEVlllE , ARKANSAS September, 1973

McGOODWIN, WILLIAMS, & YATES Consulting Engineers Carl Yates O_T. Williams Fayetteville, Arkansas

Page 223

He has given the very best that he had to ofte; his country over a great number of years, and I join my colleagues in saluting him for the great contribution that he has made, as well as for the endless and painful efforts that he has devoted, year after year, through long hours day after day, to trying to help advise this Nation upon the wisest course, and trying to see that decisions which he regarded as being in error were corrected.

Senator Russe ll B. Long , Louisiana

Senator J. W illi am Fulbright We , too, thank him and salute him ...

C. FRED and VIRGINIA COLEMAN Lewisville, Arkansas Page 224

The Arkansas Lawyer

Senator From Arkansas On M ar c h 28. 1945. Fulbright gave his maiden add ress in the Senate ; the address became the basis fo r his bo o k, "Old M yths and New Rea lit ies", Fulbright had jo in ed wit h fifteen freshmen sen ato rs in a (cller to FDR ca llin g fo r a U nit ed Nations o rga ni zatio n . In hi s address. Fulbright again pu shed to wards th is goal.

On Jul y 28. 1945. Fulbright again rose in the Senate -

·' Mr . Pr eside nt . I rise in suppo rt of the C hari e r. I have no hes it at io n in sayin g that I t hink it is t he m o st important document t hat has co me before thi s body, o r any o the r body, during the last twenty-five years. In fact , I think it ranks in importance a lo ngsid e the D eclarati o n o f Ind epe nd e nce , the Con stit uti o n o f the United Slales. the E ma n ci pat io n Proc lamat io n , and the League o f Nations, as one of the most imponant documents in the hi sto ry o f o ur Co untr y."

The Se n ate approved the U.N C har ter on Jul y 28 . 19 4 5 by a vote of 89-2.

Th e third milestone in Fulbright's fo reign re lati o ns co ncept was a rea lity .

On September 27. 1945. Senator Fulbright again addressed the Senate " Mr. President, I ask unanim ous consent to introduce a bill, fo r refe ren ce to th e Com mittee on Military Affairs, author izin g th e use of credits estab lished through the sale of surplus properties abroad fo r the promotion of good will through the exchan ge of st udents in the fields of education, culture , and scien ce . ••• If this bill is appro ved , ehe funds will be ueiliu d to exchange stud ents, create a better un· derstan ding of ou r mutual problems, and promoee friendly relaeio n s, while avoiding possible ill feelings between Natio n s resulting from inability to m eet obligations set up in traditional methods. "

~ '-

;

,

~

'

..

J. William Fulbright

On August I , 1946 , President Harry Truman , with Senato r Fulbright stand· ing alongside him , signed the bill into law.

tfJ£ ..1ul hrtgbt

iz,cbolarsbtps "The classic m odern example of beating swords into plowshares." . ..

John F. K enn edy

Co ngressio nal R eco rd, Vol. 117, No .

123 , M o nday, August 2,1971 , carries a recou nt of the n otable resu lts of the Fulbright Scholarship plan. " I remain co n vinced that ed u cati o nal and cu ltural exchange offers on e of th e best m ean s available fo r improving in· t er na tional understanding."

Fulbrigh r. 19 71 The fo urth milestone in Senator Fulbright'S fo reign relations design was acco mplished.

McCLELLAND CONSULTING ENGINEERS, INC. J.E. McClelland. Pres ide nt Fayetteville. Arkansas Fayetteville. Arkansas September. 1973

Page 225

And

Dissent '"

likt'

10

feel free

10

take each issue as it comes." -

Fulbright " / ha/(' like hell 10 be if! rli e minority. I f dOl'S give m e pause." . Fulbright And at l im l!s. he stood alone - b u t stand he did .

In 1950-51, as Chai rm an of the RFC Subco mmittee. Senator Fu lbr ight co ndu c ted an invest igati on which att racted great atte n tio n a nd was c ited by man y co mmentat o rs as a mod el for conduct of invest igat io ns by a Co ngressio nal co m mittee . This was a n investigation whi c h resulted in the fam o us

"mink coat scanda l." Th e inves tigat io n also res ulted in the a ppointme n t of Stuarl Symington as Admin ist rato r of the RFC and th e refo rm o f the age ncy, afte r c las hes with t he Tru man admin ist rat io n . Th e investigatio n a nd subseq ue n t d eve lo pm en ts figured pr o minentl y in the estab lishment o f et hi cal sta ndards fo r the co nduct of government business.

In F eb ur a ry 1954 , he was the o nly Senat o r who voted aga in st an a ppr o priati o n o f $214,000 fo r the Pe rman e nt Sub路co mmitt ee o n Investigations. whi c h was c hai red by Senato r J osep h R. McCarthy of Wi sco nsin . Senat or M cCart hy ca ll e d Fulbright , " Sena to r H a lfbright ". Mc Cart hy was late r censured o n December I , 1954 by the Senate for hi s investigati o n meth o ds a nd so ca ll ed " M cCa r thyism ." Fulbright ass ist-

Urgin g Mul(iple Censur e of Sen ator Joesp" R . M cCarth y

in drafting the reso lu tion . Fulbright's fellow Ark ansan. Senato r Jo hn L. M cC le ll an. look ove r the Chairmans hip of t he Pe rm anent Subcom mi ttee on Investigations in January 19 55 and became th e Se nate's m ost o ut stand ing investiga to r . " It was easy to forget. Imer, who had bel'lI hra ve and who had heel! [imid in the Senme - in a Sellate [11m (h(' 11 CO t/ willed (WO future presidents all d two vice-prl's idellfs of the Ullit ed Stafes" - Ful b righ t, The Dissen te r .

In 1956-57. Fu lbrig h t o pposed the "E isenhowe r Doct rin e" deve loped by Secretary of State Jo hn Foster Dull es. Th e first ~ICp was the withdrawal of the offe r to ass ist with t he American financi ng o f t he Aswan Dam in Egypt. The seco nd was a g ua ra nt ee of the safety of any Arab nat ion aga in st a Communist takeover. a long wit h eco no mi c- mil itary aid fo r such nat io n .

Fu lbri ght was the o nl y Senator who lodged with Pr esi d ent Jo hn F. Ke nn edy se rious c ri ticis m of the Ba y of Pi gs inv asio n in 1961. As C hairman uf t he Foreign Relat ions Cnrnmitlee. he was for the first tim e se r vin g unde r a Pr esiden t of his own De moc ratic part y. Afte r the fa ilur e o f the invasion. Ke nn edy remarked 10 Ful b ri ght. " We ll. yo u're Ihe o nly o ne who can say I to ld you so".

Senat or Fulbright With l.F.K.

JOHN E. MAHAFFEY & ASSOCIATES, INC.

MURPHY FORD COMPANY

Municipa l Engineers

Hambu rg , Ark ansas

NB . " Nap路路 Murphy. Owner

Fayetteville, Arkansas

Page 226

The Arkansas Lawyer

Consent On Se pte mbe r 15. 1965. Sen ato r Ful brigh t spo ke 10 th e Sen a te c ritic izin g Pres id e n t J o hnso n' s po licy in t he U.S. mili ta r y in te r ve nti o n in th e D o minic an Repub lic - the fir st in ne arl y fo ur d ecad es in Lat in Am e ri ca.

On Aug ust 4 , 196 4 . the T o nkin Gulf in cid e nt was repo rt ed to Pr es id e nt Lynd o n B. Jo hn so n . On August 6th . Senat o r

F ulbright in tro du ced to t he Se nat e t he " T o nkin Gu lf ' Reso luti o n , givi ng t he Pr esid e nt a ut ho ri ty to repe l " an y a rmed atl ac k aga inst th e fo rces of t he Un ited Stat es and to pre ve n t furth e r agg ressio n" in Vi etn a m. " I did so bec ause I was co nfident t hat Pre sid e n t Jo h nso n wo uld use o ur end o rse me n t wi t h wisd o m a nd restrain t." - F ul b right

Fulbright has bee n de sc ribed as " the mo st co nst a nt c riti c o f the Vi e tn a m co nfli ct. " "Sen ato r F ulb r ight appears to be si ngl e-m ind ed in hi s co ncern with the Vietn a m war " C iti ze ns Loo k A t Co ng ress. In the te lev ised hea rings by the Fo reign R ela ti o n s Co mmittee o n Vi etnam , Sen ato r Fulbr ight mad e his " mark as a fai r but persevering investigato r ".

" / reclll/ that when we ga l info th e IVllr ill Vi etnam, we were told, willi respecl to th e G ulfof To n k i'l in cid en t, Ihal all thaI a Co ngressio n al reso lw io n wo uld do wo uld be 10 ma ke a very small ges tu re of unilY wh ich wo uld result in pre vell lillg Ih e spread of 11101 war . We wer e to ld tllm th;s was Ihe way 10 slap Ill e war f ro m wid en in g. The war was a ve ry min o r affair so fo r as we were co n cern ed in Augusl of /964. A I IIial lim e we had less Ilion 20,000 people in thm area.

- Fu lbright , 1970

T hese word s of Li nco ln, spoken ove r a ce ntur y ago , could well be the words of F ulb right today . . .. • . " Wh al cO II sli tll.l eS Ih e bulwark afo ur O IVII libert y an d ind epe n den ce? / 1 is n OI Olir f ro wn ing balflem elliS. o ur brisllin g sea ('oaS IS, o ur arm y and novy. Th ese are n ot o llr re/iall ce aga;,u t tyrann y. All ofl /lOse may be Ilirn ed again st us . .. Our reliall ce is in the 10 \'(' of li bert y which G o d hos planted in us. Our d £'fe n se is in the spiriT which pr ized liberr y as Ihe h erilage of all m en , in all lands everywh ere. D eSTroy Ih is spirit an d yo u have plOllfed th e seeds of despotism at yo ur o wn d oo rs. A ccusto m ed to tram p le a ll Ih e rights of others, yo u have lost Ih e gen ius of yo ur o wn in dep en den ce and beco m e lhe fi t su bjects of th e jirst cunnin g tyran t thof risesam o nK yo u."Linco ln

tilh tU • TYSON FOODS, INC. " We Feed People"

HORACE TERRY PONTIAC CO. 806 West Capi to l , 375-9861 Li tt le R o ck , A rka nsas

Springdale, Arkansas September, 1973

Page 227

Historical

With Senacors Green, Kenned y, John son - 1959

With Senator Dirkso n - 1967

~

tJ Page 228

Best Wishes To A Good Frielld Of The Po ultry Illdustry

ARKANSAS POULTRY ASSOCIA TION

With Adlai Stevenson - 1961

With Hubert Humphr ey - 1962

"Biggest Bank on the Border" first national bank of fort smith MEMBER FDIC The Arkansas Lawyer

Moments

With Presiden, Lyndon B. Jo hn so n. 1962

With Dean Rusk. 1965

ELECTRIC COOPERATIVES OF ARKANSAS SALUTE SENATOR FULBRIGHT Se otember. 1973

Wi,h Robert K en II edy, 1962

With Govern o r Geo rge Wallace, 1973

Agricultural Council of Arkansas " Promoting Agric ultu re" P.O. Box 647

West Memphis, Arkansas Page 229

AUTHOR Senator Fulbri ght 's books highlight his political philosophies - Prospec t s lor the West , 1963; Old Myths and New Realities , 1964; The Arrogance of Power, 1966; The Pentagon Propaganda Machine, 1970; and The Crippled Giant , 1972. A lew quotes Irom the last three best elucidate his ideas and Ideals .

The Crippled Giant, 1972 "We have gone astray by trying to do things for which we are iIIsuited. Our national experience and the values in which our Republic is rooted did nol prepare us for the role of power broker of the world. It was we Americans who provided the principal leadership lor both the League of Nations and the United Nations. and in those endeavors, disappointing though they have been, we were as true to ou rselves as ever we have been in our foreign relations . For reasons partly of necessity. partly of misjudgment. we have strayed from the course for which our experience and values prepared us mto Ihe uncongenial practices of power politics and war. The diverSion has depleted our resources and our spirits: it has crippled the giant. " " We have some choice in the extent and character of our foreign commitments - a great deal more than recent PreSidents have recognized. We had better exercise that choice soon for a major shill 0 1 emphasis from foreign to domestic activities for two essentia l reasons : first. because the nation has been weakened by Ihe material and spiritual drain of an overly ambitious foreign po licy and it is past time for us to renew our strength at its source ; second, because chronic war and crisis , giving rise to increasing and unchecked executive power. have become a clear and present danger to American democracy. In the long run a democracy, if it is to remain one. cannot allow foreign policy to become its dominant activity . The very essence of democracy is the commitment of pub lic policy to the service of Individual. societal ends; a nal ion preoccupied wi th power politics over a long period 01 time cannot help but lose touch with its own democratic objectives. whereupon it will cease to be a democracy and become - against its own wishes and In tentions - a dictatorship."

"Out of a well-intended but misconceived notion of what patriotism and responsitnhty require In a lime of world crisis, Congress has permitted the President to take over the two vital foreign policy powers which the Constitution vested in Congress: the power to initiale war and the Senate 's power to consent or withhold consent from Significant foreign commitments. So completely have these two powers been taken over by the President that it is no exaggeration to say that. as far as foreign policy is concerned. the United States has joined the global mainstream : we have become, for purposes of foreign policy - and especially for purposes of making war - a Presidential dictatorship." " The dilemma of contemporary American foreign policy is that , while becoming the most powerful nation ever to have existed on the earth . the American people have also carried forward their historical mistrust of power and their commitment to the imposition of restraints upon it. That dilemma came to literal and symbolic

II Page 230

fulfillmen t in the year 1945 when two powerful new forces came into the world . One was the bomb at Hiroshima. re presen ting a quan tum leap to a new dimension of undisciplined power. The other was the United Nations Charter. representin g th e most signi ficant effort ever made toward the restraint and con trol of nat ional power. Both were American inventions, one the product of our laboratories, the other the product of our national expe rience. Incongruous thoug h they are . these are America 's legacies to the modern world ; the one manifested Vietnam. the cold war. and the nuclear arms race. the other in the hope that the rules of the traditional game of power politiCS can be changed to make the world safer, more civilized and more humane." " With leaders more attuned to the traditional values of the Amencan people we cou ld go on. without great difficul ty, to end the debilitating and indecent war, to meet the neglected needs of ou r own society. and beg rn to fu lfil l the promise o f the Uni ted Nations.

The dissenters of recent years have been sending their leaders a message. and there are signs that is getting through . All things considered , I would place my bet on the regenerative powers of the idealism of our younger generation - thiS generation who reject the unhumanity of war In a poor and distan t land. who reject the poverty and sham in their own country. thiS generat ion who are telling their elders what theIr elders ought to have known , that the price of empire is America 's soul and tha' price is too hi gh."

AMER [CAN SAVINGS AND L OAN ASSOCIATION

SPRINGDALE

ROGERS

BERRYVilLE.

BALDWIN PIANO & ORGAN COMPANY -

Li tt le Roc k - Co nw ay Fayelleville - DeQueen Th e A rka nsas Law ye r

ANALYST The Pentagon Propaganda Machine, 1970 "The nations needs its military men as brave and dedicated public servants. We can get along without them as mentors and opinion-molders. These roles have never been and, in a time when subtlety of mind and meticulous attention to questions of right over might ought to command us, should not now be their proper business."

"Historically, there have been barriers in the United States against the military establishment's acquiring political influence . These barriers have been anchored in the country 's non-military traditions. the prinCiples of civilian supremacy, and the fact that until World War II we never tried to maintain a large permanent military force ."

"I have often warned those students who talk of the need to revise our system by revolution that if such a revolution were to take place, the government that would emerge for our country would not be the one they seek . It would rather be authoritarian and controlled by the very forces who today promote military solutions to foreign policy problems."

"When war was abhorrent to the American people, the military was considered only as a tool to be used if needed .

Today, with our chronic state of war, and with peace becoming the unusual , the military has created for itseff an image as a comforting thing to have around. In reality,

however, it has become a monster bureaucracy that can grind beneath its wheels the other bureaucracies, whatever their prescribed roles in the process of government and their legitimate needs."

"A real hope in the fight against military influence, I believe, rests with our young. War is abhorrent to them as it seemingly is not to many of us who have lived with slaughter for the past thirty years and made an apparent accommodation to the threat of nuclear destruction . The young remain unpersuaded that man is brought upon this earth solely to find his way to the grave. There is among them a vigorous affirmation of life, a love of life that is optimistic and confident of the future . The anti-life philosophy of militarism offends their minds and hearts." " However, the task of strengthening the ' attraction of life,' the core of the American optimism that built this country, is in the hands of those no longer young. It is my generation who must halt, then turn back the incursions the military have made in our civilian system . These incursions have subverted or muffled civilian voices wi!hin the Executive branch , weakened the constitutional role and responsi b ility of the Congress, and laid an economic and psychological burden on the public that could be disastrous."

The Arrogance of Power, 1966 " The attitude above all others which I feel sure is no longer valid is the arrogance of power. the tendency of great nations to equate power with virtue and major responsibilities with a universal mission ." " Despite its dangerous and unproductive consequences, the idea of being responsible for the whole world seems to be flattering to Americans and I am afraid it is turning our heads, just as the sense of universal responsibility turned the heads of ancient Romans and nineteenth-century British ." " The Senate as a whole, I think, should undertake to revive and strengthen the deliberate function which it has permitted to atrophy in the course of twenty-five years of crisis "There are, I think . some limited positive steps which the United States might take toward improved relations with China." " Educational exchange is not a propaganda program designed to 'improve the image' of the United States as some government officials seem to conceive it. but a program for the cultivation of preceptions and perspectives

that transcend national boundaries . To put it another way. far from being a means of gaining some national advantage in the traditional game of international relations, international education purports to change the nature of the game, to civilize and humanize it in the nuclear age."

"I suggest that we begin to replace bilateral foreign aid , which is analogous to private philanthropy. with an internationalized program based on the same principles of public responsibility which underlies progressive taxation and the social services we provide for our own people. I suggest that we extend the frontiers of our loyalty and compassion in order to transform our aid to the world 's poorer nations from something resembling a private gratuity to a community responsibility. " " The foremost need of American foreign policy is a renewal of dedication to an 'idea that mankind can hold to ' - 路not a missionary idea full of pretensions about being the world 's policemen but a Lincolnian idea expressing that powerful strand of decency and humanity which is the true source of America 's greatness."

DAN FELTON & CO. Dan Felton , Jr. - Jo hn Fulbright Felto n Dan Felto n III - Tren t Felto n Marianna, Arkansas

FARM SERVICE COOPERA TIVE "Prodllcers of broilers, (lIrkeys, and farm products " Fayetteville, Arkansas

September, 1973

Page 231

First, I think th e distinguished Senator offers tremendous hope to youth all over the country, He may be senior in the Senate, and he may be very senior in the service, now, as chairman of this distinguished committee, but he has touched young people, He has made them feel that the Government is really responSible, and that senior Members of the Senate can express and articulate many of the deep-seated feelings that they have; and that is not just the young people of his State, but young people all over the country, Second, he has demonstrated and proved that government can be made responsive to the strong feelings of people, Third, he has demonstrated the independence of the Senate, He has demonstrated that we have a form of government which has three te and distinct branches, and whetller it is pressure from the branch under the control of his own party's leadership, or the leadership of the opposition party, there is no partisanship in the independent expressions of feelings and attitude of Senator Fulbright, no r in his sense of purpose and conviction in carrying out those feelings ,

Senator Charl es H, Percy,

'\ I/

~

e:= e=LEI==

E N T ER P R I S E S

_ Arkansas '--_____________ ,I' ___ I_,, _________JFayetteville, _O_E__ M_, _S_T_EE _L_E_,_P_R_E_SI_D_ E_N_T____________________________~

Page 232

The Arkansas Lawye r

Around Washington

r

)

We are privileged to join in this salute

to Senator " Bill" Fulbright . . ..

COOPER COMMUNITIES, INC. September. 1973

Page 233

CHAIRMAN

• • • •

"As long as we have a democracy _ I cer tain ly hope we will have it forever I think it is essential chat congressional commitrees play th eir part. *** One of my principal ob;ecrives in recent years has been t o reassert what I believe to be the responsibility of the (Foreign Relations) Committee, as agent of the Senate - to asserl its constitut ional responsibility."

- Fulbright Senator Fulbright was named Chairman oj the Senate's Foreign Relations Committee on February 6, 1959, and has held this prestig ious post longer than any o th er in the Committe e's history. On April 23, 1970 - the eve of hi s attaining the tenure record - his fellow se nator s paid tribute to him.

I pay tribute to Bill Fulbright not only for the length of service he has had, but also for the tremendous service he has rendered his country.

-Sparkman

r

In all of the time that has passed since we first met so many years ago, I have yet to see the day when Bill has had to take second place to anyone. I consider it a high privilege (0 have been associated with him and fo be associated with him today, to call him friend, and to be the recipient of his advice and counsel down through the years. It ha s been a deep honor.

Senator John /. Sparkman -

Alabama

Senator Mike Mansfield -

-Mansiield

Montana

From a professional point of view, as I believe the only former American Foreign Service officer ever to have served in the Senate, I would doff my hat to the chairman for his in-depth of knowledge of the history and background of foreign affairs, for his diplomacy, and for his awareness of the problems chat our diplomatislS face abroad.

-Pell Any confribu tion any of us have made will likely prove twice as impOrfanr and fwice as significan t because he has helped us, because he has led us, ha s prodded us, and has encouraged us.

Senator Clifford P. Case -

New Jersey

-Case

Senator Claiborne Pell -

18\

Rhode tsland

~HOME

LACKEY MOTOR COMPANY G. H. " Buddy" Lackey, President Mountain View, Arkansas

v:

\

/ .........

Page 234

:-'.

FEDERAL SAVINGS AND LOAN ASSOCIATION IIWhere tomorrow

begin s today" Jonesboro, Arkansas The Arkansas Lawyer

FOREIGN RELATIONS COMMITTEE Some people in this country call Bill Fulbright irrespon sible and the reason is that he does not hesitate to rake an extremely independent posifion which walks off the beaten path . If ever (nefe was a time in the history of our country and in the h istory of the wo rld when this absolutely irreconcilable spirit of questioning was in need, it is now. /1 is precisely because he will nOf accept the yoke of conformity that he is such a magnific ent chairman of the com · mirtee. "*.* Th e path on which he beckons chis country will lead to the promise of construc tive achievement in terms of justice and well-being in the world, with a far less doctrinaire ap proach to problems than shown so far, with deep understanding and friendship for a/l peo ple in the feeling we are going to have to live w i th them, and we cannot five with them if we are afraid 10 try new ways.

Senator Jacob K. Javits -

Ne w York

The distinguished Senator from Arkansas more than an y o ther American, has asked quietly, and despite bitler crit icis m , Wha! is the price. and is it all w o rth the cos t, these foreign adventures which are bleeding the American economy 10 death and, what is far more im portant, exacting as price the Jives of many young Ameri cans.

11 it is right, then so be it. We who have the decision to make in our hearts and minds are grateful that we have a colleague who constantly urges us to weight the high cast as against what can be achieved. I salute him for that. •••• In due time this great country will recognize the contribution being made by this independent and thoughcful genlieman who is doing his best to see the people get the fact s, important facts that have to do w ith the survival and prosperity of the Nation. I am honored to be on his committee. It is thought provoking, stimulating, and chaUenging. There is no committee in the Congress contributing more to the welfare of the country.

Senator Stuart Symington -

M iSSO Uri

I can recall rimes when I gave my chairman considerable headaches, and times when he gave me some; but I am positive that he wa s in complete go od faith and sincerity in pursuing his duty as he saw it, ius! as he is IOday, and that there is no one in the Senate more con sc ientious and more dedicated fO the cause of world peace, nor is there any man in th e Senate more completely independent, both of his COlleagues and of the executive bran ch o f the Government, than the Senator from Arkansas.

He has given the ver y best that he had to offer his country over a great number of years, and I ;oin my colleagues in saluting him for the great contribution chat he has made, as well as lor the endless and painful efforts that he has devoted, year alrer year. rhrough long ho urs da y after day, to erying to help advise this Nation upon the wisest course, and trying to see rhat decisions which he regarded as being in error were corrected.

Senator Russell 8. Long -

l o ui siana

J think the distinguished Senator offers tremendous hope 10 youth all over the counfry. He may be senior in rhe Senate, and he may be very senior in service, now, as chairman of this disringuished commirree, but he has touched young people. He has made them feel that the Government is really re sponsible, and that senior Members of the Senate can express and articulate many of the deep -seated feelings that they have; and that is not just the young people o f his State, but young people all over the country . ....

He has demonsfraled and proved that governm ent can be made respon sive to the strong feeling s of people. He has demonstrated the independence of rhe Senate. He has demonstrated that we have a form of government which ha s three separate and distinct branches, and whether it is press ure from the executive branch under the control of his own parry 's leadership, or the leadership of the opposirion party, there is no partisanship in the in dependent expressions o f feeling s and attitude of Senafor Fulbright , nor in his sense of purpost and conviction in carrying o ur those feeling s.

CHARLES and WANDA

Senator Charles H. Percy -

Ill inois

ARKANSAS BANK & TRUST CO .

YOUNG Fort Smith, Ark ansas Hot Springs September, 1973

Arkansas Page 235

Many yearJ ago the distinguished Chairman of the Fort'ign Relations Commitlee said it waJ time for us to start thinking abouillte unthinkable. and based on the record. lIwl may have been Ihe most imporlanl slalement of our time.

From lite standpo iflf of my personally working with him over the years on IhiJ committee. I have come to feam Ihar he has one of iJle f iner inlellecls it has been my privilege to know. People say, "You have changed some of your Ihinking." All should have the right to change, bUI I have broadened.

OIher Ihings are now equally important to what I thought in the paSI was perhaps most ;mportaflf . To the able and cou rageous Senator

Jrom Arkansas, il is with greal respect Ihat l owe much of thai thinking, that broadening, 10 Ihe way he runs the cammillee, and to him.

*****

In due lime Ihis great counlry will recognize the contribution being made by Ih iJ independent and thoughlJul gentleman who is doing his best 10 see Ihe people get the facts, importaflf facls that have 10 do with Ihe survival and prosperily of Ihe NaliOll. I am honored 10 be on his committee. It is thought provoking. Jtimulating, and challenging.

There is no com mittee in the Congress conlributing more to the welJare of the co unIry. - Senalo r Sluart Symington , Mi sso uri

We all are de ep ly indebted for his many services.

briggs associates. inc.

-Porter Briggs, President-

Page 236

Trade Association , Trade Show and Exposition , and Non-Profit Organizational Management Little Rock - Dallas Memphis - Washington

Th e Arkansas L awyer

"Watergate' ,

I

Senator J. William Fulbright

On April 10, 1973, Senator Fulbright issued a statement before various Senate subcommittees in support 01 his bill on " Executive Privilege ". Using "Watergate" as the catalysis for action - but reviewing many claims of privilege during re cent years - the Senator pointed up the need for placing the final responsibility for judg ing the validity of such claims in the Congress.

He commented , in part " As currently invoked and practiced in our country, executive privilege represents a gap in the rule of law, placing the executive branch of our federal government in a position of immunity from principles of law which are binding upon other branches 01 government and upon ordinary people .• * * This of course is a repudiation of the ve ry concept of a government of checks and balances . .•• In foreign as in domestic affairs there can be no question of the authority - indeed of

the responsibility - of the Congress to exercise legislative oversight. .•.

Without information, it is now inc reasingly recognized , Congress is scarcely able to investigate or oversee the execution of its laws, and if it cannot engage in these functions , it is scarcely qualified to make laws at all. ••• " Secrecy and subterfuge are themselves more dangerous to democracy than the practice they conceal.

Totalitarian devices such as military surveillance of civilians, the infiltration and sabotage of a political opposition , and efforts to intimidate the news media cannot long survive in the full light of pUblicity. An ill-conceived war, once recognized as such by the people and their representatives, must eventually be brought to an end. But without publicity and debate there is no redress . Secrecy not only perpetuates mistaken policies ; it is the indispensable condition for their perpetuation . In the words of the great

early American legislator Edward Livingston of New York: ' No nation ever yet found any inconvenience from too close an inspection into the conduc t of its officers, but many have been brought to ruin and reduced t o slavery, by suffering gradual impositions and abuses, which we re imperceptible only because the means of publicity had not been secured.' " The bill concerning executive privilege which I commend to the combined subcommittee today is designed to help secure the 'means of publicity ' of which Livingston spoke and, in so doing , to help restore the Congress to its proper role as the guardian of democratic liberties . The purpose of this bill is not to eliminate but to restrict the practice of executive privilege, by reducing it to bounds in which it wi ll cease to interfere with the people 's right to know and the Congress's duty to investigate and oversee the execution of the laws."

Compliments of

Compliments of a friend

OZARKS ELECTRIC COOPERATIVE CORPORATION Fayetteville, Arkansas

September, 1973

Page 237

AROUND ARKANSAS

We have a continuing pride in the accomplishments of our Senator from Arkansas . . ..

Witt and Jack Stephens Page 238

The Arkansas Lawyer

Senator of Arkansas

,,*** he has f rom the beginnin g quietly accum ular ed a reco rd of service to his Slale which is un su rpassed."

-For rest Rozze ll Labeling Senator Fu l bright Th e J o urnal of Arkansas Education , 196 1

While Fulbright , more tha n any othe r Se nat o r, is id e ntifi ed with foreign re la tions, the const it uti o na l r o le o f Congress. and defense affair s, he has a lso wo rk ed st re nu o usly \0 se rve the peop le

of Arkansas.

On the eleven key voles in 1971 tha I the National Farmers Union considered impo rtant , Fulbright vo ted eac h lime "co rr ect ly" as defined by thaI o rg a ni zatio n . On ma tte r s affect in g lab or , the AFL -C IO' s CO PE d ete rmin ed that o n twelve key issues in 1971 , t he Senator voted nine t ime s with labor. H e ha s spo nso red legi sla ti o n which provid ed for loa ns 10 State a nd local devel o pment co rpo rati o ns, loa n s for water and sewer faci litie s for small er co mmunities , and loa ns for vete ran s' housing o ut side m et ropolit an areas.

SenalOr Fulhriglu

" The SellalOr 's reco rd in hea/rh, education and welfare is impressive."

Ralph Nade r Cong ress Pr oject Citizens Look al Congress, Oct o ber 22, 1972

In recent yea rs, he has been par ticularly co nce rn ed with the reorde ring of nat io na l pri o riti es so as to bring a more rational allocati o n of the co un t ry's reso ur ces. H e is co nce rn ed wit h t he se rIOusne ss of e nvir o nmental pr o blems in t he nati o n . H e sponsored Bill S7, providing fo r the es tabli shment o f the Buffalo National River , to be ad-

ministered by the National Pa rk Services in Arkansas.

Senator Fulbright also serves o n the Sen ate's Finance Co mmitte e and Joint Economic Committee. Hi s is now fifth in Senat e seniority and rank s fo urth in t he Senate among Dem oc rat s.

" Th e best known of all Arkan sas politicians is 1. William Fulbright. His srat uH' as Cha irman of the Fo reign Relarions Comm ir ree and his il1remariona/ fame have obvious po/irical effe cts back in Arkansas. Th e people are extreme ly proud of this fame **".

-Citizens Look al Congress

" In appreciation for Senator Fulbright's services to our county, our state, the nation, and the world."

ROY PREWITT J.M. MALONE, JR. I.F. ANDERSON

JOE P. MELTON, JR. J. O . BENNETT and SONS CHARLES GRIFFIN

PHILIP D. SIMS J.D. WOOD W.E. COATS

Lonoke, Arkansas September, 1973

Page 239

SEAL OF APPROVAL " All I tr y to d o is m eet eac h d ay as I ca n and, h o p efull y, to save this countr y fro m go ing dow n th e w ro ng road ."

- Fulb righ t, 1970

To emphasize howell Senator Fulbright has succeeded, the House of Representatives, 69th General Assembly, State of Arkansas, on February' 28, ),973, approved a Resolution" In recognition and commendation of the outstanding public service of Senator /. William Fulbright". The Resolution contain s twenty (20) "Whereases" to spell ut his man t accomplishments, and ends with the following resolution s: "That this Resolution i dopted il' res{,ectful recognition and appreciation 01 the years of devoted and conscientious and unselfish servic of Senator /. Willi / m Fulbright as a distinguISh ed scholar and lecturer, and as an economic, social, cultural, a d political leader, ana especially for his leadership role in the affairs of the United States Governm.ent a ~ a distinguished and respected member of the Unit.e d States Senate.

"That the Chief Cler ~of the House of Representatives shall cause an appropriate copy of this Resolution to be prepared for presentation to Senator /. William Fulbright as a token of the affection and appreciation of the people of this State for his years of devoted and distinguished publi service ."

CLIFTON R. HOOD - H.M. BRINKLEY BRUINS PLANTATION Hughes. Arka nsas

Page 240

The Arkansas Lawyer

Some people in this country call Bill Fulbright irresponsible 路and the reason is that he does not hesitate to take

an extremely independent position which walks off the beaten path . If ever there was a time in the history of ou r country and in the history of the world when this absolutely irreconcilable spirit of questioning was in n eed, it is now. It is precisely because h e will not accept the yoke of conformity that he is such a magnificent chairman of

the committee.

Senator Jacob K. Javits, New York

He

IS

a magnificent Arkansan ...

WORTHEN Bank & Trust Company Little Rock , Arkansas

Member FOIC lind

Federal Reu,...!! Synllm

The path 011 which he becolls this coulltry will lead to the p,omise ofcolIStructive achievemelll illte,ms of justice alld well-beill' ill the wo,ld, with a fa' less doctr/lloi,e app,ooch to p,oblems thall showlI so fa" with deep ullde,stolid/II, alld f,ielldship fo, all people III the fullll, we a'e ,aill, to have to live with them, olld we call1lotlive with them If we o,e af,oid to try lIew ""'ys.

Senator Jacob K. Javitl, New York

Senator J. William Fulbright

He beckons and we f ollo w with confiden ce, COMMERCIAL NATIONAL BANK Lillie Rock, Arkansas