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Arkansas Lawyer

•

.,"torp et l.atD

Jn~ft ...... 1.72

~ampl(! Our ~(!rvie(! ...

As reflected in the cover story of this issue of The Arkansas Lawyer, the saga of the Bench and Bar in Jonesboro and Craighead County has been most dramatic.

Likewise, local banking has played a vital role in the history and development of our community. The two professions have complemented each other in so many interrelated areas.

The Mercantile Bank stands ready to be of con­tinued service . .. and is particularly pleased to join in this salute to our local history and legal heritage.

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SEPTEMBER,1972 VOl. 6, NO.5

THE OFFICIAL PUBLICATION OF THE

ARKANSAS BAR ASSOCIATION

OF FI CERS

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

EXECUTIVE DIRECTOR

C. E. Ransick

EXECUTIVE COU NCIL

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

Ex·Oflicio

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

EDITORIAL COMMITTEE

Robert D. Ross Philip E. Dixon C. E. Ransick

SEPTEMBER , 1972

~e

Arkansas Lawyer SPECIAL FEA lURES

Past Presidents - Northeast Bar District ............. . 192 " The Ethics of Criminal Justice " .. Judge Jack G. Day 204 Fall Legal Institute ......... . . . . . ......... . .......... 206 " Are Attorneys Fair

to Themselves? " ............ . Judge Franklin Wilder 210

74th Annual Meeting Proceedings ............... . .... 219 Inaugural Meeting of the House of Delegates ... . •... 232

REGULAR FEA lURES Cover Story ...........•..•....•....... . . . . Roy Penix 184 President's Report .. . .•.. ..•. ........... Henry Woods 179 Juris Dictum .... . .... • ... . ..•............. C. R. Huie 181 Law School News ................. Robert Brockmann 189 Oyez-Oyez ........... . ........ • ... . ...... B. Ghormley 178 In Memoriam .................. . ..................... 215 Executive Council Notes ............ James M. Moody 207

Published bl-mon thly by the Arkansas Bar Association, 408 Donaghey Bldg " little Rock , Arkansas 72201. Second class postage paid al little Rock , Arkansas. Sub­sCription price to non-members of the Arkansas Bar Association $6.00 per year and to members $2 .00 per year included In annual dues. Any opinion expressed here in Is that 0 1 the author , and no t necessarily thaI of the Arkansas Bar Association. The Arkansas lawyer. or the Editorial Com· miltee . Contributions to the Arkansas lawyer are welcome and should be sent in two caples to the Arkansas Bar Center, 408 Donaghey Bldg ., little Rock, Arkan sas 72201.

All inquiries regarding advertising should be sent to Advertising Departmenl. Arkan­sas lawyer. Post Oltlce Box 411 7, North lit· tie Rock, Arkansas 72116.

PAGE 177

I

I

I

I

I

I

Alston Jenn ings

J im Hale, West Memph is, was in­du cted into the American College of Tria l Lawyers during the August mee ti ng in San Francisco. W .M . Moorhead, Stuttgart , has been sworn in by Municipal Judge Cecil Mat­thews as a special Arkansas State Su preme Court Justice. William Nash, Liltle Rock, has been appoinled deputy o f the Supreme Council of the 33d Degree of the Ancienl and Ac­cepted Scottish Ri te of Freem asonry for the Southern Jurisdiction of the United States. Aision Jennings, Little Rock, was elected President of the In ­ternational Association o f Insurance Counsel at its convention in West Virginia. Claude M . Erwin , Newport, and Lewis E. Epley, Jr., Eureka Springs, have been named 10 the 37th edition o f Marqu is ' " Who 's Who in America". Three Washington County lawyers have been selected by Frank Waters, President of the Washington County Bar Association, to serve with him and County Judge Vol Lester on the Pub lic Defender Commission to select a director. The three named are: A .D. McAllister, Bill Bassett, and Paul Jameson. John Lineberger was selected as its new Director. Ronald A . May, Little Rock, was a panelist on the feature, " Bar Associations and Computor Research", al the NABE meeting in San Francisco in August. Also in San Francisco during the ABA meeting the Sebastian County Bar Association will be recognized for outstanding service to the public and legal profession . Donald B. Kendall , Roge rs, will complete the unexpired

PAGE 178

By B. Ghormley

Neva Talley

1972-73 Directory Arkansas Bar Association

\

addendum

1. Add Mr. Middleton P. Ray, Jr. as member of Federal Legislation and Procedures Com mittee , and of Real Estate Law Committee.

2 . Change address of Mr. Anthony W . Barlels of the Medical Malpractice Committee to Jonesboro.

W. M . Nash

term as Mun icipal Judge vacated by Dav l. Duty. Edward P. Jone. has become a partner in an EI Dorado law firm now changed to Nolan, A lderson and Jones. Davidson , Plastiras & Horne, Ltd . have announced an Associ a te, Harvey L . Bell. S id McCollum, former U.S. Attorney, is now a member o f the Bentonvi lle law firm of Little and Lawrence. A new law firm has been formed in Jonesboro, Wa rren Dupwe and Anthony Bartel8. Neys Talley'. article, " Wh o, What , When and Why of Family Law " , ap­peared in the Winter 1972 issue of the Women Lawyers Journal.

Richard Hatfield, formerly of West Memphis, is now associated with Pollard, Bethune and Cavaneau in Searcy. The law firm of Kelly and Lu ff­man of Rogers have announced the addi t ion o f John Jennings. Robert Serlo, is now practicing with John B. Moore in Clarendon . Jon Sanford , Ru ssellville, has opened a law office located in the 500 Building . Nicholas C. Bierwirth, a 1972 graduate , has become associated with Carroll C . Cannon in Forrest City. The law firm of Howell, Price, Howell and Barron, Little Rock, wi ll open a branch office in Jacksonvi lle in August. New loca l Bar Association Officers - Whi te County Bar Association : PreSiden t, Jerry Cavaneauj Vice-PreSident, Jim Hannah; Secretary-Treasurer, Robert Blount. Clark County Bar Association : President, Travis Mathis; Secretary. Bob Sanders. (Note: Add these o f­ficers to 1972-73 Directory in July 1972 issue of The Arkansas Lawyer) .

THE ARKANSAS LAWYER

PIESIIIIT~S ,BEPOIT By Henry Woods

Donations continue to our Client Security Fund. 350 lawyers have contributed more than $5,000 to this fund averaging more than the $10.00 originally sug­gested from each member of the Assoc iation . A fol­low-up letter has gone out to non-contributors. I strong ly urge your support of th is project. It has al­ready received more favorable editorial comment than any Bar project of the last several years. Upon completion of the fund drive , the Supreme Court w ill be petitioned to estab lish the mec han ics of the fund .

The membership drive is just beginning to move into high gear. Most of the non-members are located in Pulaski County. Membership Drive Chairman Steele Hays held a luncheon meeting on Monday, August 7th, for all members of the House of Delegates in Pulaski County . Detailed plans were made for con­tacting each non-member in Pulaski County . Some members of the House of Delegates in other parts of the State are doing an excellent job in contacting non-members in their districts. Others need to begin their drive. I am going to ca ll for a report from each district at the September meeting of the House of Delegates. Let us hope we can be near our target of 1800 Association members by the September meet­ing .

In order to implement the policy of the House of Delegates in unanimously opposing Senate Bill 945 (Hart-Magnuson Federal No-Fault Bill). I have asked each local Bar Association to follow up with a resolu-

SEPTEMBER,1972

tion to be sent our Congressional Delegation . The re ­sponse has been excellent. A considerable number of loca l bar resolutions have gone to Washington. The effect of these Reso lu tions plus your many letters is shown by the fact that both of our Senators on August 8th voted to refer the Hart-Magnuson Bill back to the Judic iary Committee . Th is has the effect o f killing the bill in this session of Congress. If our Senators had voted in support of this bill , it would have passed the Senate (since the vote was 49-46) . The work of our Associati on has thus been a key factor in the defeat of the Hart-Magnuson in this Congress.

Ernie Fremont , President of the Missouri Bar Asso­ciation, called an emergency meeting of 15 midwes­tern Bar presidents in St. Louis on Thursday, June 29, to exchange ideas on mobilizing Bar opposition to Hart-Magnuson. Bruce Bullion , the very knowledg ­able Chairman of our Automobile Insurance Commit­tee, went to this meeting with me and attended a fol­low-up meeting in Kansas City on July 21st, which I was unable to attend because of a prior commitment. I can assure you that all the State Bar Associations in the midwest are finally mobilizing against the Hart­Magnuson Bill, although some are entering the fight belatedly and have just begun to realize the revolu­tionary implications of this legislation . I am proud that our Association has been following Hart-Magnuson for many months and warning of the dangers implicit in its enactment.

PAGE 179

Even if you say it like Houdini ("ABRA-Q-BAABA"), it won't work any magic.

But, divided this way - ABRA-QBA-ABA - these letters may in­deed open a new door for you. Because they mean that the American Bar Retirement Association Keogh Plan (ABRA), through the Qualified Bar Association (QBA) agreement exe­cuted by the Arkansas Bar Association (ABA), is open to all self-employed members of the Arkansas Bar.

Tax-deductible contr ibutions to the ABRA Plan may be invested in either a Fixed Income Account, an Equ ity Account or both. Al locations to the Fixed Accou nt earn interest at t he guaran­teed rate of 81/4 % pe r year (approximately .0217% compound­ed da ily) through December 31, 1973. Expenses are low. At retirement a va ri ety of payout opt ions is avail able.

PA GE 180

For more information on th e Keogh Plan sponsored by the American Bar Association :

Wri te ABRA Retirement Plan Box 2470, G.P.O., New York, New York 10001

or Use th e " Call Coll ect " T '7lephone Consultation Service.

Th e ABRA Consultant in Memph is is Mr. Clyde Jennings, Jr. (901 -276- 1745); in Dallas , Mr. James McHugh (214-748-5785).

They wil l know what you mean by "ABRAQBAABA."

(See Prospectus for full details of the Plan . including a description of charges.)

THE AR KANSAS LAWYER

................ ------------------------------- - --

Law Day USA on May 1, 1972 was a rainy, chilly, unpleasant one at Little Rock Air Terminal ; however, the small crowd gathered in the concourse heard one of the most heart-warming and inspirational addresses de livered in recent years.

For the benefit of the many readers of " The Arkansas Lawyer" who could not attend , the remarks of Justice John A . Fogleman at the dedication of the Freedom Shrine, sponsored by the Pu laski County Bar Association and the Exchange Club, are carried in this column today. The address follows:

" Today's ceremony is a significant one. Of course , histo ry will not record that we are here today o r what we may say. Perhaps it will not even mention that Law Day, USA, was observed on May 1, 1972, either in Little Rock or in hundreds of other cities, towns and villages throu ghout these United States. Yet, it is none the less signifi­cant that we few gather here today to participate in this unique merger of two programs that are expressive of the ideal composing what I like to call the American Dream or what you may choose to call the American Tradition . One of these programs is Law Day it­self - that day upon which we are called annually to remind ourselves of the significance o f law in ou r lives­of the necessity o f law to liberty. and of the rule of law to the preservation of freedom. The other program is the Freedom Shrine Project of the Ex­change Clubs o f America to place in appropriate locations exact copies of 28 of the most important American documents givin g expression to the idea of freedom which is the theme of the American Dream dreamt 200 years ago. The laudable purpose 01 Ihis great national service club is to re­mind us of our duties and obligations as citizens while we think of the rights and privileges bestowed on us , in the hope that all of us will betler under­stand the sacrifices and hardships necessary , first to win freedom , and then to preserve it , and to keep alive

SEPTEMBER, 1972

JURIS 0 I CTUM by C.R . Huie

Executive Secret ary. J ud icia l Department

the dream of a democratic govern­ment of liberty and justice under law - the rule of law and not o f men , if you please - which makes our repub­lic, beyond the shadow of a doubt, the hope of freedom loving people all over the world , as I have recently been reminded by an Irish taxidriver in Dublin and a Swedish consul in Little Rock.

"It is this hope that makes this occasion significant. It may weI! be Ihat Ihe hope of Ihe world Ihat such a dream can be realized rests upon many groups of a few people like you who are so dedicated as to need no reminder, but who are awake to the many challenges to our institutions that could bring ruin to the structures erected by our predecessors for the preservation o f what we like to call American ideals.

" At this time when we are faced with a constant struggle to avoid des­truction of the ru Ie of law by an anar­chy which makes every man his own lawgiver and his own enforcer o r its suppression by a police state in which men rule and to which freedom is a stranger, the survival o f our nation, cu r te rm e! gO'ler:1ment , au!" freedom may well depend ultimately upon the ability of a few dedicated persons to awaken all our people to the chal­lenge we face or to the sacrifices necessary to meet them and to inspire all of us to solve the problems with which we are beset, and which chal­lenge the survival of our precious in­stitutions.

" No greater inspiration co uld be found than in the words of these documents. In the Dec laration of In­dependence, we recal! the recognition of truths called self-evident - the equality of all men , and their unalien­able rights of life, liberty and the pur­suit of Happiness - the right of the people to alter or abolish any fo rm of government destructive of these ends. We should recall that these wise pa­triots recognized the dictates of pru­dence that governments long estab­lished should nol be changed for lighl and transient causes.

" In Washington's first Inaugural Ad­dress he cautioned that :

' the propitious smiles of Heaven can never be expected on a nation that disregards the elernal rules of order and right, which Heaven itsel f has or­dained '

and Ihat ' the preservation of the sacred fire

of liberly and the destiny of the republican model of government were juslly considered as deeply, perhaps as finally staked, on the experiment entrusted to the hands of the Ameri­can people.'

" He challenged that first Congress to a reverence for the characteristics of free men which would influence its impregnable fortification and a regard for public harmony sufficient for its safe and advantageous promotion .

" How apt are these and many other words of the documents to be en ­shrined here to us in the world o f today. I need not enumerate our prob­lems anymore than I need to remind you of the content of each of these documents. Perhaps I should empha­size that those who spoke these words were willing to, and did , make sacrifices to give them life and vitality . General Washington not only risked his life and his fortune throughout his career of publ ic service , but also re­fused any perso nal emo luments. More than this, the pledges of the lives and fortunes of most of the brave signers of the Declaration o f Independence were foreclosed .

" Thus, it is and thus it ever shall be . I repeat that history will not record that we were here today or what we said o r did . It will record how a people born to the greatest freedom under law man has ever known responded to a challeng e which is dividing them -a challenge to the idea of the rule of law - to government o f the people, by Ihe people, lor Ihe people. Hislory will record whether Freedom Shrines shall be mausoleums sheltering documen­tary tombstones of a great dream or sites of inspiration to the building of a tradition that will unite us in a move­ment to the realization o f a great ideal.

" The challenge was never greater. Perhaps the price of meeting it was never higher.".

PAGE 181

WHERE DO WE GO FROM HERE?

JOHN A. FOGLEMAN President 1958-59

Arkansas Bar Association

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

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

****************,

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

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

PAGE 182 THE ARKANSAS LAWYER

THE CHALLENGE OF THE FUTURE

-I blllillvll 1 know !:omll of thll thing!: that lill eillarly at hand: 1. hrsr 01 ali, we must individually and collectively, Bar and Bench alike, renew our dedication to the

Lliw, the Rule of Law and our Canons of Eth ics, thus more effectively performing our duties and obligations to our clients, the courts, the public , the profession and ourselves.

2. We can support the efforts of a few dedicated men , who have produced the degree of success we have attained in the unauthorized prac tice field . • •••

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

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

5. We must give attention to the necessity of continuing legal education so that we can run fast enough to stand still . ••••

6. We must put into practice the observation of Theodore'Roosevelt that every man owes a portion of his time to the upbuilding of the profession to which he belongs. We must utilize every bit of talent and abi lity available . ••• •

7. Most important of all, we must maintain a vigorous organization.

*****************

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Comp liments of BANK OF WEST MEMPHIS ELLIS POOLE West Memphis, Arkansas

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SEPTEM BER. 1972 PAGE 1B3

Districf "

Arka·nsas "Bar A"SSOcfbtio'n

William R. Miller, Batesville Governor of Arkansas

1876-1880

l'

John T. Jones, Helena Judge, First Circuit 1842-1852

(His account of his first court 8e. ~ alon " "humourous and entertaining". )

PAGE 184

History of Law In

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

John Marshall Hewitt, Marianna Arkansas Bar Association President

-1886-

George Thornburgh, Walnut Ridge Speaker, Arkansas House

1880-1 882

THE ARKANSAS LAWYER

- - - --- - - - - -- - - - - - - - - - - - - - --

Northeast Arkansas. • • -Creation of Craighead

County

- The Great Law Suit

By Roy Penix Northeast Arkansas has had many noted lawyers. This

will be confined to a few of the great lawyers of the past. Some of them I knew . Others I was told about.

One of the early noted lawyers was Thomas 8 . Craighead o f Mississippi County. He, with William A. Jones. who represented 51. Francis and Poinsett Counties. were mem­bers of the Arkansas State Senate in 1859. Senator Craighead . a brilliant man with natural ability and scholarly attainments, was born near Nashville , Tennessee in 1800, and came to Arkansas ir. 1838. He was the owner of large tracts of land and was a bachelor of simplest tastes. He was never known to collect a fee for tegal services. although engaged in almost every case of importance in his county and neighboring areas.

CREATION OF CRAIGHEAD COUNTY. Senator Jones made a pledge to voters of Po insett County that he would use his influence in the leg islature In behalf o f the movement to create a new county . Senator Craighead was o ppo sed to the movement because II wo uld take out o f Mississippi County a large tract of alluvi;-I lands. Senator Jones called up the bill fo r the creatlon o f the new c ounty at a time that Senator Craighead was absent from the Senate Chamber. The bill was passed and the new county given the name " Craighead " in 1859.

When the town of Jonesboro was laid out as the county seat , it was given the name " Jonesbo ro" in ho nor of Senator Jones.

THE GREAT LAWSUIT· On June 16. 1856 Elizabeth Lane received a patent from the United States to the South half of the Southwest Quarter of Section 18. Township 14 North . Range 4 East . an 80 acre tract of land located in what became the heart of the Jonesboro business and residential district.

Elizabeth Lane conveyed the 80 acre tract of land to Fergus Snoddy In the year 1858 fo r a yoke o f o xen . Snoddy had the deed recorded in the Courthouse at Jonesbo ro . In the year 1869 the Courthouse burned and the deed record was destroyed . Captain W.W. Nisbett purchased a large part o f the 80 acre tract. He proc ured the deed of Elizabeth Lane to Fergus Snoddy and took It to hiS home. Shortly thereafter. Captain Nisbett' s home burned and the deed was destroyed .

At the September 1890 term o f Court Judge James Car­son brought suit to restore the deed and quiet his title to a large part of the tract which he had purchased . Judge James Edward Riddick rendered a decree restoring the deed and quieting Carson 's title.

A sho rt time later L.C . Bailey and o ther heirs o f El izabeth Lane filed a mo tion to set aSide Carson 's decree resto ring the deed and quieting the title on the ground that Judge Riddick had a lien on some of the land and therefo re was "interested " in the transac tion . When th is was called to h iS attention . Judge Riddick promptly set aSide the decree

Then . the heirs o f Elizabeth Lane promptly brough t SU i t

SEPTEMBER . 1972

claiming title to the 80 acre tract o f land and praying to set aside the deed to Fergus Snoddy. Their grounds were that Elizabeth Lane was married at the lime of the execution of the deed to Snoddy and that her husband did not sign and jo in with her in the execution of the deed as was then required by law . Judge Riddick had disqualified and Judge J .B. Jones of Little Rock was selected to try the case . Many Jonesboro citizens became involved in the suit because they owned parcels of the 80 acre tract. Many Jonesboro lawyers were employed to represent clients who had pur­chased parcels of the 80 acre tract . Among them were W .H. Cate. J.C . Hawthorne. T.P. McGovern . E.F. Brown, and N .F. Lamb. The hearing of the suit brought by landowners was transferred to Clay County. Many witnesses testified that Elizabeth Lane was not married at the time of execution o f the deed ; that she was being courted by Sam Smith but not married to him . The Court rendered a decree restoring the lost deed and quieting title in Fergus Snoddy, his heirs and grantees.

EARLY BENCH AND BAR OF NORTHEAST ARKANSAS. Some of these were as fa Ilows:

L.L. Mack became circuit judge October 31 , 1874. serving until 1882 . He was born with congenital deformities of the feet and hands and suffered severe handicaps throughout his li fe . Because of his physical problems , he was first refused admission 10 the public schools in his nalive state Tennessee . Latcr when he was about 14 years o f age. and on account of his superior intellect , he was admitted to the public schools. Judge Mack came to Arkansas and settled in o ld Gainesville in Greene County . He was associated with his son-in- law, J.E. Riddick . later a circuit judge and then as associate just ice o f the Supreme Court of Arkansas from 1894 until 1907. Judge Riddick 's son , Walter Garrett Riddick. became a law partner of Charles T. Coleman and Senator Joseph T. Robinson. He was appOinted to the 8th U.S. Court of Appeals in 1941 and served as such until his death in 1953.

W.H. Cate was an early attorney o f Craighead County . graduated from the Un iverSity o f Tennessee and settled here in 1865. He was prosecuting atto rney. ci rcuit Judge and a member o f the Congress from th is district. His son. W.W Cate. was a lawyer and at one time speaker o f the Arkan sas House o f Representatives

COn ti nued o n pa~ 186

PAGE 185

Judge James Gordon Frierson

Continued from page 185

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

Gordon Frierson practiced law in Jonesboro and Mem­phis. He was Assistant U.S. Distric t Attorney, Secretary to Governor James P. Clark and later to James P. Clark as U.S. Senator. Gordon Frierson worked in the Panama Canal Zo ne during the construction of the Canal. He was both

Charles D. Frierson , Jr.

PAGE 186

Judge Charles Davis Frierson

Police Judge and Mayor of Jonesboro, an able lawyer, an interesting and charming conversationalist and story teller. He was at his best when reminiscing.

Judge Charles Davis Frierson, born in 1877 in Cross County, migrated to Jonesboro with his father James Gor­don Frierson. He became the first court stenographer of 2nd Judicial Circuit. He was City Attorney from 1907 to 1911. He became the first Chancellor of the 12th Circuit of Arkansas serving from 1911 to 1917. Later he became a partner of the law firm of Lamb and Frierson. He was con­sidered one of the most able lawyers in Arkansas. He prepared a digest of all the Ordinances of the City of Jonesboro in 1910. He served as Chairman of Craighead County Democratic Central Committee from 1927 until his death in 1947.

Charles D. Frierson, Jr. , born in 1907, began the practice of law in Jonesboro as a partner with his father in 1931 . He was elected City Attorney in 1934. He died December 26, 1970. He was very active in the promotion of civic reforms for Jonesboro, served as Chairman of Craighead County Democratic Central Committee from 1949 unti l his death . was attorney for many drainage and other improvement distr icts. He worked continuously for the advancement and welfare of Jonesboro.

Thomas Allen Hughes, a graduate of Vanderbilt Univer­sity Law Schoo l, came to Jonesboro in 1893. He married Miss Camille Frierson , twin sister of Gordon Frierson. He was elected Circuit Judge of the 2nd Judicial District in 1902, renominated in 1906, but declined the nomination and

Charles Frierson III

THE ARKANSAS LAWYER

r I

moved to Memphis in 1907, where he continued the law practice. He wrote a book on Arkansas Mortgages, which is often quoted by the Supreme Court of Arkansas and widely used by Arkansas lawyers.

J .C . Hawthorne, a native of T~nnessee , moved to Jonesboro from Corning in 1885. He was admitted to the Bar in 1876 and was the leading attorney of the Cation Belt Railroad in Arkansas for many years. He was elected State Senator in 1880 before moving to Jonesboro and served two terms. He was author of the law providing for the creation o f the City Water and Light plant of Jonesboro and a leader in county and state politics for many years.

E.F. Brown, born in Tennessee in 1644, came to Arkansas in 1858, was admitted to the bar and began to practice law in Clay County in 1871. He was elected to the Con· stitutional Convention in 1874, and prosecuting attorney in 1878. He came to Jonesboro in 1883. Mr. Brown is listed as the attorney in a great many cases in Craighead County 's Common Law Records 1, 2 and 3 . He was one of the organize rs and general attorney for the J. L. C. & E. Railroad .

John Reid Turney, who came to Jonesboro in 1910, at one time partner of H.M . Cooley and later of N.F. Lamb , was highly regarded for his legal mind . Mr. Turney later became general counsel and vice president of the Cotton Belt Railroad . Mr . Turney read and briefed every decision of the Arkansas Supreme Court up to the time he came to Jonesboro. Now 85 years of age, he lives and practices taw in Washington , D.C .

Possibly the most cotorful prosecuting attorney that ever represented the 2nd Judicial Circuit of Arkansas was Thaadeus H. Caraway, born in Springhi ll , Stoddard County , Missouri , October 17, 1871. He moved to Clay County at the age of 12, received a B.A . degree from Dickinson College in Tennessee, taught in country schools, and was admitted to the Bar at Osceola in 1899. He began the practice of law in Lake City in 1903 and later operated a newspaper for a few years. Mr. Caraway moved to Jonesboro where he was elec· ted prosecuting attorney in 1908 and Congressman in 1912. He was elected U.S. Senator in 1920. For several years Mr. Caraway was a partner of N.F. Lamb. In 1902 he married Hattie Wyatt , who as his widow , later served two terms in U.S. Senate. The Caraways were t'>arents of three sons , Paul , Forrest and Robert. Robert died young as a result of an accident while rid ing a horse. Paul became a Lt. General and Forrest a major general in the U.S. Army. Both graduated from West Point.

J .M. Futrell of Paragould served as Circuit judge and Chancello r of 12th Chancery Circu it with d istinction and as Governo r of Arkansas for two difficult terms during the Great Depression .

Basil Baker, born in Columbia County in 1871, graduated from Ouachita College in 1895, moved to Craighead County in 1897 and was admitted to the bar the fo llowing year. He was elected Associate Justice of Supreme Court of Arkan­sas in 1934. Arkansas Bar Association Memorial said this o f him: " He was a lawyer of pre·eminent ability and a man of spotless character. While his career on the bench was all too br ief, he was there long enough to demonstrate the fact that the electorate made no m istake in thus elevating him. He was a hard worker, a c lose student, a careful and pains· takin g judge, swayed neither to the r ig ht nor the left, and his opinions evidence both industry and learning and the fact that their autho r in writing them had but one end in view , and that was the determination of the issue faithfully and consc ientiously , in accordance with the facts and the controlling principles o f law invo lved."

One o f the great legal minds of the Jonesbo ro Bar was Ho race Sloan , wh o came to Jonesbo ro about 1914 and fo r· med a partnership f irst with E.F. Brown and later with Basil

SEPTEMBE R, 1972

Baker . Mr. Sloan , a hard worker, specialized in the law relating to improvement districts, and wrote a two vo lume book on the subject, which is often cited by other Arkansas lawyers and the courts.

One of the earliest lawyers named in cases in Craighead County 's Common Law Records 1 and 2 was T .P. M cGovern. He also was one of the attorneys in the great lawsuit invo lving much of the territo ry in the heart o f Jonesboro .

Football Coach Dan McGugin of Vanderbilt said to the writer that he considered Sam Coston the peer of any quar­terback that ever played on Vanderbilt U. team. Mr. Coston practiced in Jonesboro and Blytheville and finally settled in Memphis and became the president of the Memphis Bar.

One of the greatest minds, charming and dominating per· sonalities that ever practiced law in Craighead and other counties in Arkansas was Nathan Francis Lamb, born in Spring Valley, Minnesota, either on January 2, 1860 or 1861 . Mr. Lamb attended public schoo ls in Minnesota and the Niles English and Classical School in Rochester. He began to read law in 1880, taught school for seven years, came to Jonesboro in December, 1890 and was admitted to the bar March 6, 1891 . For a time, at the request of John Reid Tur. ney, Mr. Lamb acted as general counsel for the entire Cot· ton Belt railroad system .•

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PAGE 187

A page from Jackson County history . ..

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

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

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

MERCHANTS & PLANTERS BANK

PAGE 188

"a friendly bank to do business with

Newport, Arkansas

" • • •

THE ARKANSAS LAWYER

by Professor Robert Brockmann

As of the writing of this column the Law Dean Search Advisory Committee has interviewed a number of candi­dates for the deanship of the Universi­ty of Arkansas School of Law but no names as of yet have been submitted to President Mullins.

Professor Mort Gitelman has been teaching the second summer session at the University of Illinois School of Law , while Assistant Professor Gary Nelms taught a session at the Univer­sity of Kansas School of Law.

Ruth Brunson , law librarian at Little Rock, attended the Institute on Basic

Problems in Law Librarianship at the University of Illinois in June.

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

you should ! He's the West Publishing Company representati ve for th e state of Arkan sas. A law school graduate himself, he has the background a nd expertise to help you with your library problems whether you are a

long-time practitione r or s till in law school. Why not give him a call today!

Archie C. McLaren, Jr., 749 W. Snowden Circle, Memphi s, Tenn. 38104

901 / 276- 0172

SEPTEMBER,1972

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

Assistant Professor Kenneth S . Gould will be joining the faculty of the Little Rock Division beginning with the fall semester. Kenneth is from Nebraska and did his undergraduate work at the University of Nebraska and at ValparaiSO University . He received his J .D . degree from Creighton University School of Law in Omaha, Nebraska. While there he was on the Dean 's list each semester and served as editor of the Law Review . He will be coming to the law schoo l from private practice.

Assistant Professor Elizabeth M . Osenbaugh will be joining the Fayetteville faculty th is coming fall semester. Elizabeth is also from Iowa, having received her B.A . with high distinction from the University of Iowa, where she was a member of Phi Beta Kappa. She also attended the Univer­sity of Iowa College of Law where she was a member of the Order of Coif. Her most recent employment was as Law Clerk to the Honorable Francis H . Becker, Justice, Iowa Supreme Court.

Assistant Professor Sandy Hendrick of the Little Rock Division when off and got himself married this past May 6th . However, this did not slow him down too much and he is working on a project for Terrel. Don Hutto on the civil consequences in Arkansas of having been convicted of a felony.

Associate Professor Jim Spears of the Little Rock Division has returned from a year of graduate study at the University of Texas School of Law.

Assistant Dean Arthur G. Murphy and Assistant Professor Glenn Pasvogel, both of the Little Rock Division , are engaged in writing a Juvenile Judges Court Procedures Manual. It is being done for Pulaski County as one of the projects for the Federal Law Enforcement Assistan ce Administration .

George Skinner, Law Librarian at Fayetteville went to Chicago for the annual meeting of the American Association of Law Libraries on July 1-Q, 1972. George also represented the University at the dedic ation of the new law building at Washington University Schoo l of Law in S1. Louis .

Plans are in progress for an ad ­dition to Waterman Hall , the law building on the Fayetteville campus. The proposed new addition w ill be o f the approximate area of the existing building . It is hoped that construction will beg in around January 1, 1973 and that the addition will be completed in time for the fall semester of 1974 .•

PAGE 189

A MAN OF HIGH OFFICE

PAG E 190

OSCAR FENDLER PRESIDENT 1962-63

ARKANSAS BAR ASSOCIATION

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

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

• Assemb ly Delegate, 1970-73 American Bar Association

• Chairman , 1966-67 ABA General Prac tice Section

• President, 1962-63 Arkansas Bar Association

• Chairman , 1971-73 Board o f Directors Arkansas Priva te Lega l Services, Inc .

• President , 1957-58 B lylheville Bar Associat ion

• Presi dent, 1962-63 Con ference o f Local Bar Associat ions

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

• Delegate for Genera l Practice Sec ti on , 1968-70 Am erican Bar Assoc iat ion

THE ARKANSAS LAWYER

• •

• •

~ I

AND FIRM OPINIONS

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

• • •

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

Certainly, Oscar Fendler meets John Erskine's definition 01 a "leader" - which in the end Is probably the best way to describe him.

WIl arll dlllightCld to join in thi!: rllcognition of

O!:car FClndlClr for what hll i!: --- a Illadllr , , , , ,

THE FARMERS BANK AND TRUST COMPANY

" Oldest Bank in Mississippi County" Blytheville, Arkansas

Compliments of

SENATOR JOHN BEARDEN, JR. Leachville, Arkansas

SEPTEMBER. 1972

Compliments of

MRS. LORA FLEEMAN Merchants and Planters Bank

Manila , Arkansas

S . .J. COHEN COMPANY ENGINEERS· CONTRACTORS

BLYTHEVILLE , ARKANSAS

PAGE 191

, .~ ••• oa. "

.• Nort.heast B'ar

Distrhf" .. ',

Arkansas .... Bar "-Associ-atio

TO ALL CONCERNED:

~e

Arkansas Lawyer

1 September 1972

This is the second issue in the series of The Arkansas Lawyer being dedicated, in the main, to the history of law in Arkansas and to the Association 's living Past Presidents.

Mr. Roy Penix of Jonesboro hu" written the cover story concerning NE Arkansas - quite obviously it is not feasible to relate but a sampling of the whole history. We leave the discovery of the rest to our readers .

However, we will give you an added start with sketches on our living Past Presidents in the NE Bar District. Justice John A. Fogleman 's biographical appeared in the May 1972 issue of The Arkansas Lawyer.

Joe Barrett

PAGE 192

The Arkansas Lawyer

Joe C. Barrett There are few lawyers in America,

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

to be earned , and Joe by a life ti me of knowledgeable labor in the law, ac­companied always by a kindly under­standing of the problems of his fellow men , has earned them .

I first knew Joe in the winter of 1918-19, when he returned to the Uni­versity of Arkansas after fin ishing his World War I stint in the S.AT.C. and Officers Training Camp. He was a jun­ior, Edi tor of the Razorback (annual). "big man on campus," and I a lowly freshman . Yet he helped me , as he helped many others, to make an aca­demic start and to begin to participate in useful ext racurricu lar college ac­tivities. In his senior year he was Edi-

THE ARKANSAS LAWYER

The Barretts

tor of the student newspaper, now the Arkansas Traveler, and he gave me needed advice about my early scrib­blings for publication . In the spring of 1919, when several of his classmates led a revolt against President John C . Futrall and the University administra­tion , Joe advised c aution and was generally regarded as being on the side of the " establishment. " After some of the revolters were expelled , we freshmen truly appreciated Joe's advice.

There was no law school at the Uni­versity in those days, and Joe went on to Washington, D.C ., where he could earn a living and study law at the same time. He was admitted to prac­tice in Arkansas in 1922, fifty years ago this fall , then took a job in Italy with the U.S. Department o f Agricul ­ture for a year and there met an Ark­ansas girl named Bertha Campbell. They were married on December 3D, 1923, then Joe finished taw schoo l and returned to Jonesboro where they have lived, and he has practiced, ever since. Their daughter Dorine was mar­ried to Jack Deacon while Jack was in Law Schoo l at Fayetteville.

Joe was named a Commissioner on Uniform State Laws fo r Arkansas by Governor Adkins in 1943. He soon de­cided that the work of the National Conference of Commissi oners on Uni­form State Laws was o f tremendous importance, not only to the nation bu t to Arkansas specif ically, and he deli­berately chose Ed Wrigh t and me, in 1945, to jo in him on the Arkan sas Commission, then arranged fo r Gover­nor Laney to appo int us. Ed Wrigh t moved on to o ther Bar Associ ation

SEPTEMBER , 1972

responsibilities, but Joe and I, with a succession of other appOintees, ulti ­mately including Jack Deacon , have worked together in the Conference of Commissioners for twenty-seven years (he for twenty-nine) and have enjoyed the high standing which Joe's efforts have achieved for the Arkansas dele­gation .

Due to the War, there was no meet­ing of the Commissioners in 1945, and the first post-War meeting was held in October of 1946. That was right after Helen and I were married , and Helen went with me to the Uniform Laws meeting in Philadelphia that month . This was when she first met Joe. It was a case of second love at first siylli . Jue has no mo'e ardent fan any­where than my Helen .

Among the Commissioners , Joe achieved and still holds real preemi­nence. He was quickly recognized as one of the best draftsmen in the Con­ference. His facility for wise analysis of the probable consequences, both legal and pOlitical, of proposed new laws, caused other Commissioners to co nsult him constantly . And his con­stant effort to seek out and develop new forms of law, not for the sake of c hange as such but to strengthen the legal and social o rder in America gen­erally, made him a major contributor to the continuing work of the Confer­ence. He served successively as Vice President . Chairman of the Executive Committee . and President of the Na­tional Conference o f Commissioners on Unifo rm State Laws, then as the mantle o f elder statesman fell upon him he labored even harder on the

many assignments which he was asked to take on . A "Life Member" of the Conference since 1963. he is to­day held in an affection and esteem unequaled among the more than 200 Commissioners.

I remember that it was as Presi dent of the Conference of Commissioners that Joe attended the dedication of the Law School 's new Waterman Hall in the fall of 1953, and I recall his re­marks in memory of Julian S. Water­man , for whom the building was named and whom Joe had known when he was in Waterman 's classes in Economics. That was years before the Law Schoo l was established with Waterman as its first Dean . The great­ness of Julian Waterman is one of our mutual recollections.

Joe's service to the Arkansas Bar Association as an ever-active member, then as President, and continuing as Past-President, need hardly be re­called. Every lawyer in Arkansas is ac­quainted with his work . The Associa­tion is what it is largely by reason of the work of President Barrett and others like him.

It is not often that a country practi­tioner acquires a fine reputation among the nation 's and the world 's legal scholars. Joe Barrett is the ex­ceptional one who has such a reputa­tion. Good friend and confidante of such giants as Karl Llewellyn and his wife Soia (Mentschikoff). William Prosser, and Robert Braucher, he has been called in to assist in scores of unpaid national and international legal projects. His apPOintments as a Delegate to The Hague Conference on Private International Law dating back to 1956, and to other Confer­ences at The Hague and at Rome, have given him an acquaintance with world legal scho lars unmatched among Arkansas "country lawyers." Time and again, when I have met jud­ges and legal writers from all parts of the Americas and from Europe, and they have learned that I am from Ark­ansas, they have asked , " Do you know Joe Barrett? ", and they have always added so mething like, " There is a man of real ability."

Joe's designation in 1967 as Chair­man of the American Bar Associa­tion 's Section on International Law was a recognition of his wide scholar­Ship. Few if any other country lawyers without an international law practi ce, wit h expert ise derived solely from in­tellectual interest, have ever been so recognized.

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

Robert A. Lellar

PAGE 193

Bex Shaver in 1954

James Levesque Shaver was born May 17, 1902, in Vanndale, Cross County, Arkansas, and soon therafter acquired the lifetime nickname " Bex" because his two-year-old brother couldn 't handle " Levesque."

Another of Mr. Shaver 's nicknames, "Governor" came when he was 40 , and served two terms as Lieutenant Governor of Arkansas.

"Governor" J . L. " Bex" Shaver , a graduate of Wynne High School, at­tended Hendrix College, and at the age of 19 was awarded his LL.B. De­gree from Washington & Lee Univer­sity, Lexington , Va., in 1921 .

He was admitted to the bar in Ark­ansas February 26 , 1923, but since he was still a minor, he cou ld not legally be admitted to practice. The Arkansas General Assembly o f 1923 passed Act 90 to permit him to practice; there is therefore no doubt that Mr. Shaver is legally a member of the Bar. He was also admitted to practice before the United States Supreme Court March 9 , 1934 .

When he was 23, he was elected to the Arkan sas House of Representa­tives, serving three terms, 1925-31 .

At the age of 30, he was elected to the Senate, serving the counties o f Cross and Woodruff for two terms, 1931-38.

And when he was 40, he became Lieutenant Governor without opposi­tion, and was reelected fo r a second term, 1942-46.

As a young representative , Mr. Sha­ver voted against a bill which would have made it i llegal to teach the theory of evolution in Arkansas. In a later political campaign for the Senate he was accused of being an " atheist, " an "ag nostic ," a " monkey man ," and others, but survived politically. Inci­dentally. the first two accusations are wholly untrue - Mr. Shaver is a long­time ruling e lder of the Wynne Presby­terian Church , a church school teach-

PAGE 194

J.L. "Bex" Shaver

er, and loves to teach the Bible " as it is ."

While presiding over the Senate as Lieutenant Governor, his first grand­son , Harmon Smith, was born . The Senate gave him a walking cane to commenorate his grandfathership , and this cane has been notched for every grandchild since. So far , there are notches for seven grandchildren and three great-grandchildren , the lat­est being for a great-grandson, Martin Landis Smith, born July 8 , 1972, to Dr. and Mrs. Harmon Smith . The cane is getting somewhat fragile, but there are still p laces on the cane, and in the Shaver heart, for a few more notches.

Mr. Shaver has handled many im­portant assignments in his lifetime, but cherishes those most highly which champion the right of the " common man." For instance, he was author of a bill , which later became Arkansas Law, placing a partial morator ium upon mortgage forec losures during the Depression . The law was later de­clared unconstitutional, but had ser­ved its purpose, givi ng many land­owners the needed time to adjust their finances and save their property.

Mr. Shaver was attorney for a joint legislative committee which made an official investigation of " Common­wealth College " at Mena, whose liberal and comm unisti c character be­came a cam pa ign issue between Fran­cis Cherry and Orval Faubus in the gubernatorial campaign of 1954.

He was legi slative secretary to Governor Homer Adkins during the General Assembly of 1941 , and later served in the same capacity for Gover­nor Faubus in the 1955 General Assembly.

He was appointed a member of the Memphis-Arkansas Bridge Commis­sion by Governor Adkins in 1939, and served for eight years, until the bridge was dedicated December 17, 1949.

Mr. Shaver was president of the Arkansas Bar Association in 1953-54 , and has served in numerous offices of the state and county bar associations. He is also a member of the American Bar Association .

On the civic scene, Mr. Shaver has been a vital part in his community 's af­fairs . He is presently chairman of the Board of the Cross County Hospi tal , having been a Trustee since the hospital opened in July, 1952. He is a past president o f the Lions Club and presently is a member of Ro tary and o f the Chamber o f Commerce.

The Shavers

Since 1951 , Mr. Shaver has prac­ticed law jointly with his son, James L. Shaver, Jr., who is Cross County Representative .

One of Mr. Shaver'S greatest joys is Mrs. Shaver, who joined him in mar­riage Febru ary 23, 1922 . Mrs. Shaver is the former Louise Davis, daughter 01 I. J . Davis and Agnes Bob (Strain) Davi s, widely-known and respected residents o f Wynne. To Mr. and Mrs. Shaver were born a daughter, Winnie Bob, now Mrs. J. H. Smith , and one son, James L. Shaver, Jr.

Another of Mr. Shaver's joys in his garden , which enables him to stay close to nature , to feel the sense of creation, and to share prize tomatoes and other garden vegetables with his friends, and to be honest about it , there is a strong rivalry to maintain with his next-door neighbor, Brother Whit Shaver, and many o ther gar­deners in the Biggest-Tomato com­petition .

One of the grandest of all exper­iences is the current honor being be­stowed upon him by his fellow mem­bers of the legal profession in naming him the 1972 " Arkansas Citizen-Law­yer," an hono r he treasures fa r more than othe rs which have come his way during an exciting , active and useful lifetime.

His first love is the law, but he is deeply interested in history, religion , philosophy and the common man. He loves to quote that part of the " House By the Side of the Road," that says:

"Let me live in my house by the side of the road

Where the race of men go by ; They are good, they are bad , they

are weak, they are strong . Wise, Foo lish - so am I," Though there are many exciting and

fulfilling experiences in his long and useful life, one soon discovers in visit­ing with " Bex" that he feels " the best is yet to c ome."

THE ARKANSAS LAWYER

Fendler : A Man of High Office and Firm Opinions

By Harry A. Haines

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

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

But even from the vantage point of a profitable law practice and a comfort­able. somewhat overweight middle­age. the coals of the old firebrand still glimmer.

" Yeah . I was a liberal ... but I'm not much for labels . Now I'm a conserva­tive Democrat. I'm a moderate. I think Franklin Roosevelt scared hell out of me when he tried to pack the Su­preme Court."

It would seem, it was suggested, that the new Republicanism of John Lindsey, George Romney and the Rockefellers might fit a liberal conser­vative like Fendler.

" You have to decide which party fits you. The Democratic party is like the plumage of a bird ... a lot of different feathers go into it. I'm a Democrat. I vote Democratic . I 've always been one."

Fendler was one o f fou r children of a Manila merchant ("a small Manila merchant ," he points out) . He came to Blytheville High School, went to the University of Arkansas and Harvard Law SchooL

He now is chairman-elect of the General Practices Section of the American Bar Association and this August in Montreal will take over the chairmanship.

He's one of four Arkansas lawyers (and one of 300 in America) to hold membership as a fellow in the Ameri­can Bar Foundation.

He's a director of the American Judicature Society : a past president (1963) of the Arkansas Bar Associa­tion and is now completing his third year on the Council o f National Con­ferences of Bar Presidents.

••• ''I've been interested in politics and

the law for as long as I can remember. I used to hang around Cecil Shane's office when I was in high schooL

"Well. I don ', mean hang around really I was too reticent to do that. but Cecil was good to me and I'd visit him two or three times a year. maybe more.

SEPTEMBER,1972

" He's the one who encouraged me to apply to those Ivy League law ::,chools."

Fendler . who graduated from Arkan­sas in 1930, applied to Harvard. Yale, Princeton. Columbia and Vanderbilt. He was accepted by all in view o f a brilliant undergraduate record at Ark­ansas.

Faced with graduation in the Great Depression. Fendler undertook an ingenious plan to finance a jOb-scout­ing trip to the West Coast.

" I went out there and did stories on the Olympics in Los Angeles in 1932."

Who bought the stories? " The Courier News, SI. Louis Post

Dispatch and the Hearst papers. The best story I did out there was on Bill Carr. He was from Pine Bluff and went to the University of Pennsylvania.

" We (the Harvard men who made the trip with him) looked like a UN delegation. We had a Swiss, a Hun­garian, an Englishman and a boy from Boston and Cleveland.

"We went out there and rented a house. It was a big SOB and cost us about $50 a month ... I think. I paid for the whole trip with the stuff I sold. I looked over the jobs. Nothing much out there.

" My best offer came from the g overnment. Churchill Buck (veteran Blytheville attorney) was responsible fo r that offer .

" He said I was foolish to come back to Blytheville. I'm not sorry, though . You see, I wasn't in that enviable posi­tion as a graduate o f Harvard . I mean. hell , at Arkansas I was right at the top of my c lass, in the elite.

"At Harvard , we graduated over 500 in my class and I was in the top ten per cent. But not right up in the first five or six and those were the guys who got the good jobs."

So he returned and joined the law firm founded by Shane, his benefactor and boyhood idol.

••• 'Although a conservative o f sorts,

Fendler is slill a free swinger and Ihe iconoclasm comes peeping through, viz:

" Standards of the legal profession

are artificial as hell. I think they were put there by law school professors. You don't need three years to learn how to become a lawyer. You can learn all you need in two.

"Public schools ought to have visit­ing lecturers for the kids. They ought to get men in this area to come in now and then and talk to the kids on his­tory and on government and business. We have some men who could come in and teach a whole course on crooked government.

"I remember some years ago I used to visit a friend of mine who was a legislator. A utility lobbyist was keep­ing him supplied with liquor. Well . every time I'd pack up to come back to Blytheville, I'd pack a couple of bot­tles of their damned liquor. They found out about it and, boy, did they hate my guts. I guess they still hate my guts. I don't know.

"I work 60 hours a week. Change that. I work 60 hours a week minimum . That's a minimum. But when I loaf, I loaf hard . Pat (Mrs. Fendler) and I think Eden Isle (near Heber Springs) is our favorite spot. I don't swim and fish and all that. I go there and read and walk. A friend of mine takes Pat and me out in his sailboat sometimes. I take those two and three-day breaks, but they don't do as much good as those longer ones. Two weeks - the first week for unwinding, the second fo r enjoying the quiet.

" Oh, I used to be a member of the County Election Commission. I was the second Democrat. Jesse Taylor was the first Democrat. There was a guy for you . He did more for the cause of good elections around here than most people will ever know. I think someone in the party got me kicked off the commission when I didn 't sup­port Orval Faubus .

"I remember we were asked to re-

Continued on page 196

PAGE 195

Continued from page 195

view the voting in one of those south end boxes and when they brought the box in we opened it and found the bal­lots hadn't even been folded, They marked them, rolled 'em up and put them in the box. They were marked with the same pencil in the same hand. And this will kill you: they were in a lphabetica l order. In other words, these darned ballots were in the same order the names appeared in the list of voters and everyone in the precinct voted '" but they voted afphabeti­cally. It was such a joke, we just threw out the whole damned box.

"The days of the machine are over. The new Arkansas law, the end of the poll tax, the new federal law, all these things militate against machine poli­tics.

" I think you're liab le to see Frank Holt and Winthrop Rockefeller in the November general election.

" I worked for Brooks Hays in this county in 1928, Me and Bob McKin­non and Kendall Berry. It was difficult to tell Brooks that I wouldn't be with him this time. I think Brooks may be too liberal for this county.

" I'd advise any young lawyer to come to Blytheville. I think this place is going to be a great place for a law­yer. rhere 's this river and climate and this soil and here we are right in the heart of America. Things never looked better.

"Arkansas politics are going to be a little more moderate ... not as con­servative . Things jusl are moving that way, that 's all."

••• Earlier this year, at the mid-winter

meeting of the American Bar Associa­tion in Ch icago, Fendler was asked to give first one speech and then an­other. He did not deliver one o f the talks and explained that he would make printed copies available .

This work represented the results of an investigation undertaken by Fend­ler into the ways vari ous state and local bar associations plan to cope with federal programs o f legal aid fo r the poor .

To date, Ihe paper has been re ­prin ted by the bar jo urnals o f New Hampshire and North Caroli na and the journal of Ihe Ameri can Trial Jud­ges.

Flo rida 's bar journal used excerpts from the report.

" The American Bar Assoc iation de­clined to use it. They said it wan 't fair to j udge the program in its infancy."

* •• Success has not spoi led Osc ar

Fendler.

PAGE 196

He's still one of those rare angry men ; albeit le::,-s angry from the van­tage point of affluence.

He mal(es friends and enemies with equal ease .

" The thing I like about him:' one acquaintance smiled, " is the fact that

you can disagree with him - even violently - and sti ll keep him as a friend if you wish ."

That's a redeeming grace for Fend­ler, a man not particularly interested in being agreeable, but terribly in­terested in voicing an opinion .

Maurice Cathey

Maurice Cathey

Born June 23, 1910, in Paragould , Arkansas, son of Hettie B. Cathey and the late James Porter Cathey, who served as Circuit Clerk of Greene County and former deputy and suc­cessor (as Circuit Clerk) to J . M. Fu­trell , later Governor of Arkansas.

Attended grade schoo l in Para­gould ; family moved to Little Rock in 1922; attended East Side Junior High and graduated from Little Rock High School in 1926, receiving academic scho larship to Washington Univers ity , S1. Louis ; attended Washington Uni­versity 1926-1931, graduating with

LLB Degree, now converted to JD. While attending Washington U., be­

came member of Alpha Tau Omega sociaf fraternity , Delta Theta Phi legal fraternity, and Kappa Phi Sigma public speaking fraternity ; was Feature Edi­tor of student newspaper.

Worked full time in college, holding , at various times, jobs as magazine salesman, factory worker, theatre usher, and night cashier al YMCA.

Upon graduation, first worked as leg al research assistant in revision of Schneider on Workmen 's Compensa­tion ; l icensed to practice in Missouri in 1931 and practiced law in St. Louis from October, 1931, through Decem­ber, 1932 (economics of law practice in SI. Louis al that time, during De­pression, was such that he continued to work as night cashier at YMCA to supplement his income from law prac­tice) ,

Returned to Paragould in January, 1933, as associate with William F. Kir­sch , later partner in firm , now senio r partner in firm since death of Mr . Kir­sch in 1967 ; presently assoc iated with Gerald Brown, Ray A . Goodwin , Donis Hamilton and John Gregg .

Bar and Legal Activities 1. Deputy Prosecuting Atto rney ,

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

THE ARKANSAS LAWYER

•

l

Greene County. Arkansas. 1935-1936. 2. Past President. Greene County

Bar Association. 3. Past President. Northeast Arkan­

sas Bar Association. 4 . Past President. Arkansas Bar

Association. 1966-1967 (A rkansas Lawyer came into existence during his administration).

5. Member of Probate Code Drafting Committee of Bar Association , which drafted 1949 Arkansas Probate Code ; acted as spokesman of Bar Associa­tion in presenting Probate Code to Arkansas Legislative Council where it was approved and ultimately enacted by Legislature with only minor amend­ments.

6 . Past Chairman of Jurisprudence Qlh,) L..CiW R..,iorm and Resoh.Jtion::; Committee of Association; member of miscellaneous bar committees, includ­ing Executive Committee, 1964-1968.

7 . At request of Legal Aid Commit­tee of Arkansas Bar Association , represented Valerie Swindle, English girl. for 20 months in successful ef­forts to regain custody of her chi ld ; case accepted as charity case, in-

Jack Deacon

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

Jack Deacon , now 51 years old, has earned the success he enjoys as the

SEPTEMBER,1972

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

J.C.Deacon center of a happy close-knit family , and an outstanding trial lawyer. But he is far more than that. He leads every organization he joins. " In­defatigable" is probably the most apt descriptive ter m for him. Henry Woods. who served as Chairman of the Executive Committee of the Arkansas Bar Association during the year Jack was President, summed it all up l ike this, "Jack can keep more balls in the air at one time than anyone I have ever known."

His list o f credits would fill the rest of this magazine. When does he sleep? Somehow, he finds time to maintain his reputation for thorough­ness, he keeps his finely tuned sense of humor . and he maintains a prosperous law practice. He serves his community, his profession, his church, his friends, and his family. If his ability to use a twenty-four hour day could be bottled into an elixir (Deacon 's Liniment) and then sold in a drug store, the entire economy could go on the two-day work week .

It Jack Deacon has not been elec­ted President of every organization he ever joined , then he will be before long . He is unquestionably a leader. He can follow traditiona l paths when he knows where they lead, and he can also strike out on totally uncharted courses. Conservatives and liberals both claim him as their champion. He can chart broad plans and then attend 10 minute details. In the unlikely event

Personal and Non-Legal Activities

1. Member, Arkansas Constitutional Revision Study Commission (1967).

2. Director and Vice President, First Nati ona l Bank of Commerce, Para­gould.

3. Past Chairman, Administrative Board , First United Methodist Church , Parag ou ld.

4. Past President , Paragould Rotary Club.

5. Former member, Executive Board, Community Methodist Hospi­tal , Paragould.

Family Married Ina McKeehan, Hot Springs,

1942; two children, Ann (Mrs. John C.) Gregg, Paragould, Donald M . Cathey, senior at Arkansas Tech .

U.S. Army, 1942-1943, statewide ser­vice in anti-aircraft units.

Hobbies Spectator at sports events ; enthu­

siastic but erratic golfer with inimita­ble backswing (fourth best golfer in five-man law firm - one doesn't play).

Dorine Deacon

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

At the University of Arkansas in

PAGE 197

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

the Rotary Club , the Country Club, and the County and Regional Bar Associations. The children are all champion swimmers, and Jack and Dorine wore out at least one car driving to swimming meets allover the country. Naturally, this led to Jack's election as President of the Arkansas Amateur Athletic Union. He was Chairman of the Young Lawyers Sec­tion of the State Bar Association in 1954, a member of the Board of Law Examiners (1966-69) , Chairman of the Conference of Local Bar Associa­tions, and he has been a member of the House of Delegates of the American Bar Association since 1967. On the Ame rican Bar Association level, Jack has served as Chairman of the Bar Activities Section and the Award of Merit Committee.

He has been a Commissioner of the National Conference of Commis­sioners on Un iform State Laws since 1966 and presently is State Chairman of the Commission. He was elected to the International Academy of Trial Lawyers in 1970.

Jack 's interest in young lawyers and law students was apparent in 1970 while he was serving as President of the Arkansas Bar Association . Under his leadership, the Association created a Law Student Division, and for the first time in the United States, law students were made members of a

State Bar Association . Jack led the fight in the Legislature in an attempt to pass a bill to assess a state-wide $1 .00 per case fee for legal education . It was estimated that more than a mi ll ion dollars a year would be available to the University Board of Trustees to spend in improving both divisions of the Law School. The effort was interpreted by some as the first step toward moving the University Law School from FayetteVille to Little Rock, and the bill failed to pass . Recently, Jack has been appointed to a high level task force of the Ameri­can Bar Association charged with the assignment of studying the impact of bulging law schoo l enrollments. In­cidentally, the Deacon's oldest son , B arry, will enter Law School in Fayetteville this fall.

I n his "spare time" next year Jack will carry out his duties as newly elec­ted District Governor of Rotary . Right now he is working hard as Chairman of a drafting committee which has already completed the first draft of a uniform law relating to Eminent Domain .

Jack's many activities always in­volve considerable travel. It 's a rare occasion when Dorine does not go along . They 're a jet age version of two Arkansas Travelers. One thing is for sure - wherever they go , Arkansas is well represented ._

TH~ MAN FOR All R~A~ON~. • • • • •

PAGE 198

Maurice Cathey

• Past President, Greene County Bar Association

• Past President, Northeast Arkansas Bar Associ ation

• Past President, Arkansas Bar Association

• Past President, Paragould Rotary C lu b

• Past Board Chairman, First Un ited Methodist Church o f Paragould

• Member, Various Civ ic and Lega ) Com mittees

TH[ GRHN[-ClAY COUNTY BAR A~~OCIATION I~

Pl[A~[D TO HONOR ON[ OF IT~ [~THM[D M[MB[R~

THE ARKANSAS LAWYER

McClellan

, ,

J. L. " Bex" Shaver with 1971-72 Outstanding

Lawyer-Citizen Award

SEPTEMBE R, 1972

My Friends and Fellow Members of the Arkansas Bar Association :

Please accept my heartfelt appreciation for your vote and for the support you gave me in the Primary Election .

I am proud, indeed, to again be your Democratic nominee for re~lection to the U.S. Senate, and I ear­nestly solicit your continued support and good will in the General Election.

By working together, we can insure Arkansas' con­tinued progress, and through our concerned efforts, promote the general interest , safety , and wellbeing of all our people.

Again , my deep appreciation and my warmest good wishes to each of you.

Sincerely,

Paid lor by Senator McClellan

Wo too tako groat prido in our mombor -Boxft

~havor and in hi!: many aeeompli!:hmont!:

• Arkansas Representative 1925-31

• Arkansas Senator 1931-38

• Arkansas Lieutenant Governor 1942-46

• President, Arkansas Bar Association 1953-54

• Board Chairman of the Cross County Hospital

• Past President, Wynne Lions Club

• Elder, Wynne Presbyterian Church

• Member, many commissions and various organizations

THE CROSS COUNTY BAR ASSOCIATION

PAGE 199

~be "((ommon ~an"

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

1971 -72

• •

PAGE 200 THE ARKANSAS LAWYER

•

Lawyers know life practically.

-Samuel Johnson, J 778 Perhaps no lawyer typifies this fac t better than Attorney-at-Law J. L. " Bex" Shaver of Wynne, Arkansas. His term of office as President of the Arkansas Bar Association was especially marked by this same practicality , e.g .,

(1) The Association for the first time employed a fulltime assistant to the Secretary-Treasurer and opened an office in the Pyramid Life Building in Little Rock .

(2) The Association for the first time voted to join with the University of Arkansas School of Law in sponsoring the Fall Legal Institute at the Fayetteville Campus.

(3) The public relations program used a new approach, encompassing institutional advertising and a speakers' bureau .

(4) A Committee was appointed to recommend a plan for a separate Justice Building for the Arkan­sas Supreme Court and the Attorney General.

The Arkansas Bar Association honored him as Its President, 1953-54 ...

The Arkansas Bar Foundation honored him as Arkansas ' Outstanding Lawyer-Citizen in 1971-72 .. .

Arkansans honored him as their Lieutenant Governor In 1942-1946 ...

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

C ross County Bank " The Wide-Awake Bank"

Wy nne , Ark ansas

BANK OF CHERR Y V ALLEY

A Full Service Bank - Member F.D.I.C.

CHERRY VA LL [Y, ARKANSAS

SHAVER & SHAVER

SEPTEMBER , 1972

Real Estate Wynne, Arkansas

NEHI ROYAL CROWN BOTTLING CO" INC,

EAST COMMERCIAL STREET WYNNE, ARKANSAS

QIRDEVE Angus Farms W. M. Smith and Sons, Owners

Birdeye, Arkansas

Wynne (;federal Savings & Loan Association

Wynne , Arkansas

1"1 H ST S"'.\T E B.\~ I ...

Th~7f National Bank . . " ' Itifi ·

Wynne, Arkan sas ~ ..

PAGE 201

PAGE 202

... ,. - - MY FIRST COURT -- -

•

"In the winter of 1842 my first court was held in Greene county. The weather was inclement and no one of the Helena bar was willing to undertake the trip. The State's attorney, W. F. Stanton. had an alliee al Marion, but really lived in Memphis. So I set out a lone and reached the home of Co lonel Mark W. Izard, about where Forrest City now stands, the first night. passing through old Ml. Vernon next morning. I hunted up in the woods the lawyer of that county. James Jackson, and asked him if he was going to attend the Greene court. He said he had not thought of it; but I could never find the way 10 that place, and, furthermore, there would be no lawyer there. I impressed on him the dilli­culty I would labor under in trying to hold court without a lawyer, and induced him to go with me. We made Walnut Camp that night. the home of Colonel Charles Nealy . The next day we faced a snow-storm of unusual sevefity for twenty miles. to a log cabin where Harris­burgh now stands . There, to my great satisfaction, we found Stan ton. the State's attorney. who. with great difficulty. had crossed the swamp from Memphis, wait­ing in doubt and anxiety for the judge. In due time we arrived at Greenville and surprised the clerk. who plead innocence to any knowledge of the appointed time lor court. In response to inquiry lor Ihe sheriff , we were lold he was twenty miles off at 'Uncle Peter's Still," where he had been drunk the past two weeks. 1 direc­ted the clerk to call in two mounted men to go for the sheriff: he responded promptly. and I instructed them to bring him in. drunk or sober , They reported with the sheriff early next morning , who seemed to be strug­gling hard to escape the log 'Uncle Peter's' low wines had cast over his mental vision .

"'To my ralher preemplory inquiry, ·Sir. whal have you done With the venire?' he responded : 'I have nOI had him: I don 't know him. Is he an old or new comer to Ihese parts? What do you <IX mt: thai for? Has ht: slolt: any thing or killed anybody. and what country did he jump? ' To which I impatiently responded : ' Oh, my good fellow. you don 't appear to understand me. Where is the grand jury?' And he replied : ' A, that's what you want, is it? Well, we don't need any in Ihese

and I don't know how to get one if we did . Per­can tell.' I had a venire issued and placed in at once, with directions 10 bring in forty good

as possible. to serve as grand and petit . he presented formidable objections . It

was i the dead of winter, and there were no accommo­dat ions for either court or jury. and no house in which to hold court. This difficulty was met and obviated by

-..

-

-

Judge John T. Jones , Helena (First Circuit , in­cluding Greene , Mississippi, Craighead, Poin­sett , Cross, Crittenden, St , Francis, Monroe and Phillips Counties , 1842-52)

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

-Proud of our heritage and building for the future

MERCHANTS and FARMERS (}JamJu West Helena ---

-

THE ARKANSAS LAWYER

FAMA SEMPER VIVA T!

In his Iremendous and inleresling book on the history of the Bench and Bar, " Piclorial History of Arkansas ," published in 1887, Lawyer John Hallum of Lonoke, Arkansas, memorializes many of the early legal giants of the State. Some of them fro m the Northeast area in the 1800's were:

Judge Thomas Lacy of Helena ; Judge Townsend Dickinson of Batesville ; Governor Elisha Baxler of Balesville ; Judge John T. Jones of Helena; John C . England of Lonoke; Robert W . Crockett of DeWitt ; Poindexler Dunn of Forresl City ; John M. Hewitt of Marianna; William F. Hicks of Lonoke; Judge James W. Bales of Balesville ; Judge Richard Searcy of Batesville ; William K. Sebastian of Helena ; Governor William R. Miller of Balesville ; George Thornburch of Walnut Ridge; William B. R. Horner of Helena; Nathan Haggard of Balesville; M. T. Sanders of Helena; et al.

However, as Hallum points out , it is nol possible to recognize all of the many outstanding lawyers of the State in a single volume.

Likewise, Ihe efforl musl be a continuing one.

And so, il is right and meet that we add our voices to this sa lute to those who have given us our legal heritage in Northeast Arkansas - " May their fame live forever!"

SEPTEMBER,1972

CROSS COUNTY BAR ASSOCIATION CRAIGHEAD COUNTY BAR ASSOCIATION CRITTENDEN COUNTY BAR ASSOCIATION

GREENE-CLAY COUNTY BAR ASSOCIATION NORTHEAST ARKANSAS BAR ASSOCIATION ST. FRANCIS COUNTY BAR ASSOCIATION

PHILLIPS COUNTY BAR ASSOCIATION BLYTHEVILLE BAR ASSOCIATION

PAGE 203

Chief Justice Jack G. Day of the Ohio Court of Appeals (8th District) - pro­fessor, trial lawyer. labor arbitrator. author. lecturer. judge. et al - all in one man. Vice-Chairman and Member of Council. ABA Section of Criminal Law. Past-President . National Asso­ciation of Defense Lawyers in Crimi­,.al Cases. Judge Day was one of the principal speakers at the A rkansas Workshop ilIon Standards for Crimi­nal Justice, January 20-21, 1972.

These remarks will not be a conven­tional discussion of honesty and truth­fulness. Those virtues will be pre­sumed conclusively to be part of the commitment of every person involved in the administration of criminal jus­tice. Less commitment, of course, should result in total divorcement from the process.

I will examine ethics in a more fundamental sense - the sense which means the study of alternate values as they relate to the administration of justice.

Three-Legged Stool The three-legged stool concept of

criminal justice, is, so far as 1 know, the conception of the present Chief Justice of the United States, de­veloped when he was chairman of the Advisory Committee on the Prosecu­tion and Defense Functions. This con­ception of cou rse, is one of the main building blocks in the structure of the massive study of the Standards for the Administration of Criminal Justice conducted by the ABA over the past seven or eight years. The idea is that justice, symbolized in the homey metaphor of a stable stool , is achieved best when a competent prosecuti on , defense and bench combine to ad­minister justice. I add one leg to the

PAGE 204

The Ethics of

Criminal Justice

Judge Jack G. Day

stool· a professional police force. In the brief time alloted for the develop. men! of the subject, and the elJen shorter time that remains , I shall dis­cuss certain fundamental conditions -in my view ethical - necessary if each leg of the slool is to achieve that sturdiness its function requires.

In its shortest form the ultimate value, and therefore the ultimate ethi­cal objective, in all our jurisprudence, but especially the criminal. is due pro­cess of law. That obvious point , which must permeate our concern from in­vestigation th rough correction , is the touchstone of the success of our legal system .

In another sense the realization of due process is the measure of the very success of our government. For none of the various l itmus papers to be ap­plied to governmental achievement are more important than the tests which measure official treatment of dissent, of minorities and of persons charged with c rime. Patently, the judi­cial system is deeply involved in all three areas. Today, time and the pur­pose of our gathering allows me on ly to note the first two and pass on to the third.

Two Legs Two legs of the stoo l of criminal jus­

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

obligations of proof or in which it volunteers information . its scruple must match that of the prosecution . On its part, of course, the prosecution has a higher duty than simple convic­tion . The objective is to convict ac­cording to law and when that cannot be done acquittal is itself a form of ful­fillment of the prosecution role .

Deference does not mean weak­ness. It can be summed up in that somewhat effete phrase " courtroom etiquette " - meaning no more than the mutual courtesy and respect which will satisfy one dignified man in his relations with another.

Elements in Adyocacy Strength is an indispensibJe ele­

ment in advocacy. Every trial lawyer knows, and we are really discussing trial lawye rs, that there will be times when despite the thunderheads and lightning which may be moving and flashing about the bench or from the other side of the trial table . a good lawyer must at whatever risk to him­self do those things necessary to make and save the record . Of course, this must be done care fully to aVOid crossing the line between brave advo­cacy and contempt bu t, in any event , done.

The bench , and this may be more supplication than statement , if it is to satisfy its duty to the due process o f law, must be patient, strong , brave (a different matter) , courteous, assidious and , at all costs, must not allow itself to become jaded.

Patience and courtesy are handmai­dens which make the difficult task o f lawyers - and in the long run the task of judges too - easier. There is almost no problem in which gratuitous jud i­cial acerbity will assist reso lution .

Courage wherever it is needed at a ll

THE ARKANSAS LAWYER

,

is indispensible. Without it other vir­tues may never come into play. With­out it integrity is impossible. And , if the fear of electoral defeat or public criticism cradles less than the forth­right action a judge's head and integ­rity counsel , he does not belong on the bench .

Assiduousness is a plain enough conception. In lower terms it means no more than hard work.

The word " jaded" belongs in this discussion because it is easy in deal­ing with the criminal law day after day to develop a ca llousness inimical to fairness . If there we re time, this point could be developed for prosecutors, defense lawyers , and law enforcement officers as well as for judges. The operation of the harmless error doc­trine in its worst aspects will illustrate. The notion that an error of minuscule effect in a trial o f overall fairness should not requ ire the time and ex­pense of retrial. On the other hand , ti red men with jaded sensibilities, may unconsciously lean upon the doctrine for no better reason than swift and easy disposition. This consequence our ethical aim - the dispensation of due process - can not tolerate.

If, after all this, a judge should hap· pen to be more than competent it is a bonus.

The Fourth Leg The harmless error rule provides a

lead in to the discussion of the fourth leg of the stool. The professional law o ff ice r o perating with optimum competence is going to work within those constitutional standards to which con formity is so important in the investigation and arrest phases. 1f he does not, our ethical objectives are in peril. Professor Yale Kamisar has pointed out the possible variants be­tween justice in the " Gatehouses" and the " Mansions" of the law. His figure of speech is shorthand for at least this proposition - a failure of jus­tice at the investigation and arrest stages may compel a failure at the trial stage. (Kamisar, " Equal Justice in the Gatehouses and Mansions of American Criminal Procedure: From Powell to Gideon, From Escobedo to

. " an Essay in "Criminal Justice in our Time," Univ . of Virginia Press, Charlottesville (1965) .)

It follows that the development ot law abiding , professiona lized police work is a sine qua non of due process . This can only be done if the Bench does not flinc h from its duty, prosecu­tors and law enforcement administra­tors train their staffs in constitutional operation and defense counsel have the temerity to challenge us all on our

stewardship of due process. Finally, all elements in the adminis­

tration of justice must concern them­selves with the correctional process in whatever ways the limitations of office will allow . The public must be alerted to the danger to them in a failure of correctional due process. When incar­ceration generates Sixty per cent or more recidivists then the penitentiary , the reformatory and the correctional institution are largely failing and it is permissible to conclude that peni­tence, reform and co rrection are in short supply. It is entirely possible that an overhaul of penal procedures to conform more exactly to the ·prohi­bition against the cruel and unusual punishment inherent in due process will result in less punishment for so­ciety.

These are cynical times. I suspect that " ethics" in the criminal process are, for many, a subject of derision . But bench and bar cannot afford to smirk at human value. Due process is our sphere - ou r trust.

It would be ironical if we did our jobs so well that the wise-acres dis­covered that ethics in criminal justice work. The very existence o f our judi­cial system may depend on a success­ful effort. The very effort is itself part of the success . _

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 interested, drop us a line on your lellerhead.

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SEPTEMBER , 1972

6th & Gaines Little Rock 72203

PAGE 205

F ALL LEGAL INSTITUTE Shera ton Motor Inn

Little Ro ck, Arkansas September 22-23, 1972

• TRUTH·IN·LENDING AND FAIR CREDIT REPORTING

• PRIVATE REAL ESTATE SYNDICATIONS • TAX PLANNING FOR LAWYERS

PLUS

THE OPPORTUNITY FOR PROFESSIONAL AND SOCIAL CONTACTS

CHANCE TO SEE ARKANSAS V. OKLAHOMA STATE

"get away from it all - so lve your problems"

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

PAGE 206

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

THE ARKANSAS LAWYER

•

The Executive Council, at its meeting of August 5, 1972 approved several proposed legislative enact­ments for submiss ion to the House of Delegates for consideration at its next meeting on September 21. Those bills approved by the counci I included a bill to adopt the Federal Rules of Civil Procadure, a bill to empower the Arkansas Supreme Court to promulgate Rules of Civil Procedure in lower courts , a bill to permit one spouse to testify at the request of another, a bill to permit an attorney to make service of process by certified mail under the " long arm statute" and a bill to reestablish qualifi cations for election of Chancellors to replace a bill which was erroneously repealed by the last legislature . Other bills in­volving the doctor-patient privilege and the issuance o f subpoenaes duces tecum were referred back to committee for additi o nal con­sideration.

President Woods reported on the prog ress of the Arkansas Bar Center and announced that ground breaking ceremonies would be conducted on the site on September 21 fo llowed by an excursion on the Arkansas River on the Border Star.

Col. Ransi ck reminded all members of the House of Delegates of their responsibility to make a report to the Association members in their district of the proceed ings of the last meeting .

Henry Woods reported that $5 .000.00 had been received from 350

SEPTEMBER. 1972

FOR 1000

EXECUTIVE COMMITTEE NOTES

By James M. Moody Secretary· T reasu rer

lawyers by the Client Security Fund . The ultimate goal is $10 .000.00 for the initial funding . Jack Wi lliams will report to the House of Delegates on the status of the fund and proposed guidelines for its administration .

assistance which Dean Barnhart has given during his tenure.

A committee was appointed by Chairman James Sharp to study those judicial districts which appeared to have an excessive case load and to recommend proposals to alleviate the problem . The committee consists o f Robert Hays Williams, Paul Young and Doug Smith with C.R . Huie as con· su Itant.

Dean Ralph Barnhart . who is retir­ing as dean of the University of Arkan­sas Law Schoo l, was present and reported on the plans to increase the size of Waterman Hall and the existing library facilities. The Law School has received 1,400 applications fo r 170 available spaces for freshmen and it has been necessary to admit students on a selective basis under the ad­ministration of Pro fessor Robert Brockman .

Martin Gilbert . Chairman of the Legal Edu cation Committee, reported on the plans for the Fall Legal Insti · tute to be held in Little Rock on Sep­tember 22-23 , Subjects included on the program will be consumer protec­tion, truth-in-Iending and taxation .

President Woods expressed the ap­preciation of the counci l and the Bar Association for the cooperat ion and

At the request of Joe Woodward o f Magnolia, a special committee on Transportation Law will be appointed by President Woods .•

311

Service Directory FAULKNER COUNTY

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• Abstracts • Copying and • Title Insurance Duplicating • Lam inating Service Service

Over 50 Years Service 13 Oak St. . Phone 329-2631 . Conway. Ark .

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has been printing BRIEFS for over 35 years.

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IF YOU ARE A MEMBER

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

And

~ PURELY SELFISH REASONS

( If No Other)

YOU SHOULD BELONG TO THE ARKANSAS BAR ASSOCIA TlON

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

Don't Forget the good fell owship and the developmen t o f close friendships with your bro ther

;----..:.~:..--....:.:=--------~-----, lawyers at Assoc iati on act ivi t ies.

PAGE 208

You W i II receive subscriptions to both the Arkansas Law Re­view and The Arkansas Lawyer. These journals will bring you informative articles about the Law, lawyers and their activities. Your membership includes both subscriptions.

This is an opportunity to serve yourself and the publ ic as wei I.

ARKANSAS BAR ASSOCIATION

408 Donaghey Building little Rock, Arkansas

THE ARKANSAS LAWYER

(

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

:·CNA/insurance Now working together to prevent and control professional liability claims.

They will co-sponsor loss prevention seminars, develop a loss control program, and foster professional proficiency through a continuing educational program to deter professional liability allegations.

new PROFeSSionAL LIABILITY PROGRAm with loss Prevention and Control

SEPT EMBER. 1972

Want more details? Call or write Arkansas Bar Association Administrator Rather, Beyer & Harper Three Hundred Spring Building Little Rock, Arkansas 72201 (501) 372-4117

PAGE 209

ARE ATTORNEYS FAIR

TO THEMSELVES? - Judge Franklin Wilder

Member of the Memorials Committee, Arkansas Bar Foundation

I. How many practicing attorneys in Arkansas have

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

PAGE 210

WHAT do YOU about the . . .

ARKANSAS BAR

It seems that we are so busy taking care of the af­fairs and problems of others, that we systematically and methodically put off taking care of our own prob­lems. True? At least it appears so in many cases.

Stop to think for a minute. Many lawyers give their whole life in service to others. When they pass on,

[kJ1J[IJD~ffi NYEMI\.TI[ L.AN'E'" BUSINESS PROOUCTS. AN O X I'O"lO INOUST"'Y

As an important exec utive of you r company - you are an idea producer. Bu si ness feed s on the creati ve thoughts o f peopl e like yourself. H's a pity that much of the thinking is wasted , just because it ' s inconvenien t to scr ibble notes and write memos.

Now, for only pennies a day, NYEMATIC "cop ies" th ose thoughts for immediate action . Si mply lift th e receive r, to uch the "ta lk" button and tel l yo ur ideas to NYEMATI C. Translated into dollars and cents, this is a substa ntial daily saving - and yo u can use that time as it sho uld be u sed­making profits for your bu si ness. (Best of all , w ith NYEMATIC, there are no cumbe rsome belts, di!lcs, cassettes, index strips or o th er devices for yo u to handl e.) Pick up . spea k up . hang up.

Ro land Wilson and Ed Ra sberr y in v ite yo u to v isi t o ur display at the Sheraton Hote l in little Rock Se ptem ber 22, whi le attending the Fall Legal Institute .

621 Broadway · Little Rock, Arkan sas Te/ephone - (501) 375·6000

fl, ~ IflW 1l BUSINESS PRDDU[TS will recommend the system you need.

THE ARKANSAS LAWYER

the ir main desire is to see that their loved ones are cared for. That's it. On the other hand, by mere ly adding one paragraph to the Will of an average attorney, setting up a tiny memorial of some kind for said attorney (Sure ly he deserves $100 of all he has earned and the services rendered as recogn ition!) ... said attorney will leave something to perpetuate his memory beyond the cemetery!

II. The Arkansas Bar Foundation

has made special arrangements to cooperate with ou r attorneys and their families, so that a self-per­petuating gift will live on in the years to come . A gift to the mem­ory of a deceased attorney will last much longer than merely sendi ng f lowe rs to the Churc h for the funeral , using the means set up by our Arkansas Bar Founda­tion. And , the Foundation always notifies the family of the deceased as to this gift . Gifts to the Founda­tion of this nature have ranged in the amount of $5 to $1 ~O , com­pletely at the will of the donor, un­less several lawyers have gone together and made a larger contri­bution .

III. Did you know? The new Bar

Center will offer the f i rst real op ­portunity for families of deceased or living lawyers to memorialize them publicly and permanenlly by attaching their names to items or rooms in the Center.

Further, you might like to know ... that within the near fut ure the Foundation 's Memorial Committee will make a detail report through the " Arkansas Lawyer," and in the meantime anyone interested in be­ing the donor of such memorial should write to the Memorials Committee, Arkansas Bar Founda­tion, 40B Donaghey Bldg ., Little Rock, Arkansas, 72201 .

IV . Speaking for myself, we are all

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

SEPTEMBER,1972

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

Shakespeare once wrote, " To thine own se lf be true ...... Let 's be fair to ourselves, as well as to others. Don't just read this, sm ile, and forget 1I! Act now, make a notation to do something about this important work , and keep it in mind, Please!

(Incidentally, the Memorials Committee would appreciate any suggestions that any of you have to help this important work along . Thank you.) .

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

207 Pages $9.50

Arkansas Statutes Annotated 22 Volumes with Current Supplement $175.00 in the StAte of Arka nsas .

WORKBOOK FOR ARKANSAS ESTATE PLANNERS

MITCHELL D . MOORE. WILLIAM H . BOWEN

A Complete Source for Planning Estates in Arkansas Planned exclus ively for Arka nsas lawyers , it is based o n the statutes, cases , regulations, and tax situations of the slate. This workbook serves 3S a guide to drafting a simple will. testa m entary planning fo r bene6t of minor or aged, forms of property ownership, purposes and techniques of making gifts, drafting partnership and business purchase agreements and many other important topics. The handy loose· leaf fo rmat makes this source a unique working tool - an invaluable refere nce for the Arkansas lawyer.

11 Ch ap ters

REID'S BRANSON INSTRUCTIONS TO JURIES 7 VOLUMES WITH CU RRENT SUPPLEMENT

S125.00

JONES LEGAL FORMS THREE VOLUMES . 68 CH APTERS

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Contact Your Bobbs-Merrill Arkansas Representative. Mr. Jos hua E. M c Hughes

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1408 Rowman Road Litlle Rock, Arkansas 72205

The Babbs-Merrill Company, Inc. 4300 W. 62nd 51. / Indianapolis. Indiana 46268

Any It'Sl"lkr rs /r,>e 10 charf)" wh3tever prIce II WIshes tal our boo ks.

PAGE 211

Introducing JUNE 1967

The Arkansas Lawyer Puhl icalton of TilE AR.KANSAS LAWYEH Is a s ign ificant

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

More than ~O hal' association committees work in activities whif'h benefit hath the lawyer and his profession. Througt: TilE AHKANSAS LAWYEH, we hope to advise all association memlier s as to the status of all major hal' activities. Through this publication, too, the individual lawyer may express his COlllmellts and ('ritid:;m of ha l' association projects and his views toward cu rrent problems faced hy tlur profession .

While serving as president of the Arkansas Dar Assoda­tion, I have hel'Ollle convinced that most Arkansas lawyers do not fu ll y appredate the full value of their s tate bar as­sOl' iaUon nul' its effort s which are undertaken to improve hoth the administration of justi('e and the lot of the individual l awyer. I hope that these areas of non- understanding and mis ­understanding may he eliminated through th is new medium .

With our memiJership meeting only twice a year, many important problems arising iletween those meetings must be resolved hy the I::xecutive Committee as the gove rning board of our a ... sof"ia tion. The I::xeC"utive Commit tee seeks to pro­mote those activitle~ which it believes to he for the best in­terest uf our profession in Arkansas in an'O!"d with what It believes to he the will of a majority of hal' membership after the memhers h:lvl' heen apprised of the relevant facts and the pro and ('011 aq~\Iments .

The fads and arguments 011 a ll controversial issues will, wherever possihle , be presellted in THE ARKANSAS LAWYER.

As id e from reporting bar activit ies and issues with whl<:h the !Ja r assodation is involved, THE ARKANSAS LAWYI::R can perform a valuahle function in another area: publicizing the contributions made by lawyer s in activities outside the law practice. If we can proper ly publicize the accomplishments and influence of our fellow lawyer s , we will develop a greate r appre<"iatton of our fellow bar members. We have taken for granted too orten the many accomplishments of Arkansas law­yers In non- lega l areas and tend to forget Ihe full impact of A rkansas lawyers upon the society of whi<'h they are a part. THE ARKANSAS LA WYI::R shou ld remind us of these contri-· butions and, In so dOing, build upourmorale as members of an honorable and at'Uve profession.

Publication of TilE ARKANSAS LA WYER wlll he a substantial task. Individual lawyer s will be asked to make their contribu­tions in the suhmission of written material and their continued SUPPOI"t of all bar association activites. The regular sar Center

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

PAGE 212

staff will assume additional respons ibil ity in the procurement, the selection and the processing of all editorIal matter.

We are fortunate that our Executive Director, LeRoy Gaston, has extensive experience in the pubUc information area. Tht s should assure newsworthiness and high quality for this publi­catton.

In creating THE ARKANSAS LAWYER, the Executive Com­m ittee of the Arkansas Bar Association ascertained that this new publication need not impair in any manner the close work­ing relationshIp existing between our association and the Un i­versity of Arkansas Law School. By making THE ARKANSAS LA WYER its medIum for the publication of news concerning association and lawyer activities , the Arkansas Law Review and Bar Association Journal will have available greater space for the publication of Law Review articles.

Publication and printing costs of THE ARKANSAS LAWYER are assured to us without any expense to the Arkansas Bar Association, an assurance which is necessary in the Ught of our budget problems . OUr respons ibility will consist of prov iding the material for the edit('lr ia l comment and providing for the distribution and publication of THE ARKANSAS LAWYER to our members. We have the authority to reject advertising which we deem inconsistent with bar association purposes.

Many laymen are surprised to find that not all licensed Arkansas lawyers belong to their proCessional association. P e rsona lly, I find it difficult to justify this situation either to lawyers or to laymen . J believe that most lawyers who do not now participate in association activities would be willing to do so if they fully understood what their professional as­soc iation is doing and how urgent the case is for 100 per cent participation by all lawyers in bar association activities.

The first issues of THE ARKANSAS LAWYER will go to association members and non- members alike: Postal require­ments make it mandatory that circulatIon be soon restricted to members in good standing.

I hope that the receipt of this publkation will r emind our financially delinquent members to resume and maintain theIr paid-up status. I hope that lawyers who are not now members of the Arkansas Bar Association will find sufficient incentive to join this association, involve themselves In the consideration and solution of its problems and to evaluate its policies and undertakings on a fully informed basis.

THE ARKANSAS LAWYER wtll, at first, be published quar­terly. Depending upon lawyer acceptance, the frequency of publication wlll be increased as rapidly as possible. OUr ultimate goal is to make it a regular monthl y publication which will give to all Arkansas lawyers a greater respect for the problems and accompUshments of all members of our pro­fe ss ion.

THE ARKANSAS LAWYER

tlie

Arkansas Lawyer

DOU GLAS PILLOW OIL COMPANY Distributor for Li on Petroleum Products

Paragould , Arkansas

THE BANK OF RECTOR Rector, Arkansas

" North Arkansas' Greatest Cloth ing Store" Paragould , Arkansas

Dr Pepper Seven-Up Bottling Company

Paragould, Arkansas

SEPTEMBER, 1972

SEPTEMBER 1 972

With this issue, The Arkansas Lawyer celebrates its lifth anniversary. With the lirst issue in June, 1967, then President Maurice Cathey set high standards and goals - his challenges still lead the way. See the reprint 01 page 1 01 the June 1967 issue opposite this page. Now a bi-monthly publication, The Arkansas Lawyer is recognized as one 01 the linest Bar journals in the Country. In lact , the law libraries 01 some 50 o f the leading law schools have paid subscriptions.

It is particu larly litting that at the time 01 The Arkan­sas Lawyer's lifth birthday, we are honoring Maurice Cathey.

MAURICE CATHEY President 1966-67 Arkansas Bar Association

VVQ arQ plQagQd to join in thig galutQ

to MauricQ CathQy , , , ,

• FIRST NATIONAL BANK B OF COMMERCE

Paragould , Arkan sas

Paragould , Arkansas

" Whe re Most People Trade" Paragou ld, Arkansas

Compli ments of

FRANCES W I' __ Paragould Abstract Company

PAGE 213

"The Family Treat"

Willis Caldwell, Inc. 200.204 S . MAIN ST.

Jonesboro. Arkansas 72401

CENTRAL ARKANSAS ESTATE COUNCIL 1972-73 PROGRAMS

All meetings will be at the Sam Peck Hotel , Little Rock, with cocktails at 6:00 p .m. and dinner at 6:30 p .m.

SEPTEMBER 21 William H. Hoffman , Jr ., CPA and Attorney, Professo r o f Tax Accounting , University of Houston , Houston , Texas.

" POST-MORTEM FOR ESTATES" NOVEMBER 16

Or . Richard B. Johnson Director, Southwestern Graduate School of Banking , SMU Dallas, Texas, and Chairman, Dept. of Economics.

" TRENDS AND VALUES -THE OUTLOOK FOR EQUITIES"

FEBRUARY 15 Paul C . Green , Vice President, Conti nen tal Assurance Co ., Chicago , III.

" CURRENT TRENDS IN THE LIFE INSURANCE INDUSTRY"

APRIL 19 Frank Berall , Attorney - Partner, Schor & Berall , Hart­ford , Conn .

PAGE 214

" Use of Revocable and

Irrevocable Domestic & Foreign Trusts In Estate Planning"

Complete Trust Services

For Attorneys And Their Clients

7te!enurJ'olional 302 Cherry $ l

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Member FDIC Membe r Federal Rese rve System

J.J. White, Pres . • John M. Move, V. Pres., & Trust Officer

THE ARKANSAS LAWYER

WALTER L. BROWN 1893-1972

Honorable Walter L. Brown, senior member of the law firm of Brown, Compton, Prewitt, and Dickens of EI Dorado, died In that city on June 16, 1972.

He was born in Prescott, Arkan­sas; attended Arkansas College at Batesville; received his law degree from George Washington University; was submitted to the Arkansas Bar in 1921 and practiced his profession in EI Dorado from that time until his death. Among other offices held by him were those of prosecuting at­torney; member of the Arkansas Oil and Gas Commission and president of the Union County Bar Association. He was also a member of the Arkansas and American Bar Associations and a member of the Presbyterian church. He is survived by his wife, one daughter, two brothers, two sisters and two grand­children. He was buried in EI Dorado, Arkansas.

HONORABLE FESTUS O. BUTT 1875-1972

Honorable Festus O. Butt of Eureka Springs died on June 29, 1972 at the age of 97 years. He was tha Dean of the Bar in Arkansas, having been enrolled in the Supreme Court on May 22, 1897. Mr. Butt was born in Illinois but moved to Carroll County, Arkansas, at the age of nine and lived there all of his remaining life.

He had many offices and received many honors: having been represen­tative and senator in the Arkansas Legislature, Acting Governor of Arkansas during the administration of Governor Parnell , Chancery Judge and Mayor of his city. He was a Methodist and a Mason; and is sur­vived by three sons, one daughter, eleven grandchildren and thirteen

SEPTEMBER , 1972

JJn JNemoriam

great grandchildren. His surviving children are: Dr. W. J. Butt, Judge Thomas F. Butt, Joe Vol Butt and Mrs. Robert Huntington. His sur­viving sister is Mrs. Alberta J . Littrell. He was buried in the cemetery at Eureka Springs on Sunday af­ternoon, July 2.

F. P. GARVAN II 1913-1972

Francis P. Garvan, II died in Hot Springs on July 1st. Although for many years he was not in the active practice of the law, he, nevertheless, retained his membership in both the Arkansas and American Bar Associations.

He was a 1935 graduate of Yale University, and a 1938 graduate of Georgetown Law School, and was in the Navy in WW. II.

For the past several years, Mr. Garvan was Vice President of the Malvern Brick and Tile Co ., and devoted his time exclusively to that business. He was a Catholic; and is survived by his wife, his mother, one daughter, 2 brothers and 2 sisters.

MtSS ZONOLA LONGSTRETH 1903-1972

Miss Zonola Longstreth , a retired Lawyer, died in Little Rock on July 8th. She was born in Muscatine, Iowa, but the family moved to Little Rock while she was still at an early age. She graduated from the Arkan­sas Law School in 1922, and began the practice of the law by virtue of a special act of the Legislature which removed her age disability.

She was past president of the Arkansas Business and Professional Womens Clubs, and also a member of the Arkansas and American Bar Associations. Miss Longstreth was a Methodist and a member of the Women's City Club of Little Rock . She is survived by four brothers all of Little Rock.

JUDGE E. D. McGOWEN 1895-1972

Craighead County lost a long time citizen in the death of Eagle Dean McGowen on June 26th. He was born in Craighead County on July 21, 1895, and was admitted to the bar after private study. After living in another part of Arkansas for several years, he returned to Jonesboro in the 1930's and served as Deputy Prosecuting Attorney and as Municipal Judge.

Judge McGowen was a veteran of W.W. I, and for many years was the service officer of the American Legion Post in Jonesboro.

He was a Baptist, and is survived by his wife, 1 daughter, 3 stepsons, 2 brothers, 1 sister and 11 grand children .

JUDGE AUDREY STRAIT 1892-1972

The Arkansas Judiciary lost one of its great trial judges in the death of Judge Audrey Strait on July 9, in Morrilton.

Judge Strait was born in Yell County in 1892. the son of Hon. W.P. Strait, a well known Lawyer. The family moved to Morrilton about the turn of the century, and Judge Strait attended the college that is now Henderson State College, and also attended the University of Michigan Law School. He was a 1 st Lieut. in W.W. I.

In 1919 he was admitted to the Arkansas Bar. Among other offices held by him were: Mayor of Morrilton, Prosecuting Attorney, State Legislator; and he was Circuit Judge from 1938 until his retirement in 1962. Thereafter, he served on the State Judiciary Commission and the State Jury Instruction Commission .

Judge Strait was a Methodist and a Rotarian . He is survived by his wife, one son , 3 step-sons, 3 grand children, and 2 great grand children .

PAGE 215

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

J. C. " JAC K" DEACON

-BACON, Maxims of the Law: Preface

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

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

• President Conference of Local Bar Associations

• President, 1970-71 Arkansas Bar Association

• Director Arkansas Bar Foundation

• Commissioner National Conference of Commissioners on Uniform State Laws

• Chairman

PAGE 216

Section of Bar Activities American Bar Association

• State Delegate American Bar Association

• President Craighead County Bar Association

• Chairman Past Presidents Committee

• Chairman Arkansas Commission on Uniform State Laws

• National Chairman Award of Merit Committee Amer ican Bar Association

THE ARKANSAS LAWYER

I. 1:. liE II 1:". (Delivered at the 73rd Annual Meeting of the Arkansas Bar Association, and reported in 25 Arkansas Law Review, Fall 1971, Number 3, pages 391-395)

Too often, a president's report is given to a few in a general assembly or lost in some proceedings. One of the fine services of the Arkansas Law Review is the continued publication of the addresses of the Arkansas Bar Assoc iation Presidents. Since the subscription to the Arkansas Law Review is in­cluded with one 's dues in the Association , every member has ready reference to these addresses. To fully appreciate the Associat ion 's full program and the contributions of its Presidents, the member should review the various Presidents' reports . A good place to begin is with President J. C. Deacon 's report in 25 Arkansas Law Review.

Again , it is not poss ible to recount here all of the many accomplishments of the Arkansas Bar Association during President Deacon 's tenure of office. It is sufficient to note that the following were inc luded-

• Association 's involvement of the law student ; • Workshop program for the Implementation of the Standards for the Administration of Criminal

Justice ; • Effort to restructure the Association toward democratization ; • Disciplinary Enforcement project ; • Environmental law research project ; and • Successful legislative program.

Ag Jal!k Dllal!on hag gO honorlld hig profllggion.

WII IIndllavor hl!rl! to honor him , , , , , , ,

Compliments of

ROBERT'S RICE MILLS, INC. W ei ner, Arkansas

o

D [Q)[][1uffio OlRJ@o

OF ARKANSAS Jonesboro, Arkansas

CITIZENS BANK !!l3M1

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Compl im ents of

RADIO STATION •

SEPTEMBER . 1972

Abstracto rs of Title Jonesboro. Arkansas

Jonesboro. Arkan sas BANK

WILLIS CALDWELL, INC. " The Family Treat"

Jonesboro, Arkansas

AYCOCK PONTIAC Pontiac - GMC - Datsun

"Give us a Try Befo re Yo u Buy" Jonesboro . Arkansas

PAGE 217

A Viable County . ..

Jc

2

2 Va ll ey View

A Viable Sank . ..

BANK OF NETTLETON

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D Lester

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JONESBORO ARKANSAS

PAGE 218 THE ARKANSAS LAWYER

74th Annual Meeting Proceedings

May 31, June 1-3, 1972

Arlington Hotel, Hot Springs, Arkansas

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

PRESIDENT'S RECEPTION 6:30 P .M. - 8:00 P.M . MAY 31 , 1972

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

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

SEPTEMBER, 1972

Chairman E. Harley Cox, Jr. Annual Meeting Committee

Continuing the recent successful innovation, the President's Recep­tion was held Wednesday evening - and was attended by some 500 members and guests . The receiving line included Asso­ciation President Paul B. Young and his wife Marcella ; Association Secretary -Treasurer Robert D . Ross and his wife Frances ; Chair­man James E. West of the Asso­ciation's Executive Committee and his wife Doris.

PAGE 219

PAGE 220

PHOTO Hiqhlights The nationally renowned Pine Bluff Singers, under the direction of

Richard Smith, entertained at the Reception .. . .. .

THE ARKANSAS LAWY ER

FOUNDATION LUNCHEON NOON JUNE 1, 1972

[ Philip

Anderson Edward Lester

Mr. Matthews

Justice Fogleman

SEPTEMBER,1972

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

- THE HEAD TABLE PERSONAGES--

Paul B. Young

Stephen John A. Matthews Fogleman

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

President Paul B . Young of the Arkansas Bar Association gave the welcome .

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

John F. Stroud, Jr.

Richard J . Hughes

Mr. Young

Luncheon

PAGE 223

Mr. Lester

GENERAL ASSEMBLY 2:00 P.M. June 1, 1972

Messrs. Young-Hughes

Mr. Hughes

PAGE 224

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

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

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

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

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

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Robinson Auditorium New Camelot Inn New Bar Center Complex

Mr. Woods

Assembly

THE ARKANSAS LAWYER

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

Gridiron '72 was,

The cast included: Charles Baker Phil Ragsdale Skip Henry Dav id Henry Buddy Cole Herbert Rule Charlotte Brown Arthur Murphey Nona Watson John Bilheimer Cita Cobb John Cobb

SEPTEMBER,1972

by all standards, a

Sid McCollum Bob Cearley Chris Barrier Gordon Rather Bill Wilson Jack Williams Bill Blair Les Hollingsworth W. R. Butler Bill Lalferty Dale Price Joel Cole Dean Morley

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

1 of

' the FLiNch c011}fect ion II

pye~nted by the. p"" \ as K.i Cou nty

Bar Assoc,',ation

smashing success.

Jim Rhodes John Ward B. S. Clark Selinda Williams Guy Amsler Phil Dixon John Plegge Ouida Butt Mary Bowen Denl Gitchel Ruth Morley David Bogard Barbara Amsler John Grissom John Gill Dale Bumpers Gayle Windsor Griffin Smith Mary Storey Sarah Cearley JoLuck Wilson

CREDITS

Margaret Carner - Director Betty Fowler - Musical Director Dot Callanen - Choreographer Joe Carner - Stage Manager Daniels House of Costumes Mildred Smith - Costume Creation and Design Bo Marshall - Sound and Special Ef­fects Merle Norman - Make-up Nona Watson - Program Art Design

PAGE 225

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

M r, Friday

Mr, Paul B, Young presided,

Reverend Ed Matthews, Pastor of the Lakeside United Methodist Church of Pine Bluff, gave the invocation .

Mr. Stephen A, Matthews presen­ted the two prestigious Founda­tion Awards for "Outstanding Law­yer" and "Outstanding Lawyer­Citizen " for the year to Mr, Her­schel H, Friday and to Mr, J, L, " Bex" Shaver, respectively ,

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

Mr. Shaver

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

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

r

Messrs . Hamilton , Laser

PAGE 226

The Honorable John C, Lile , III , Chairman o f the Young Lawyers Section , presided,

The debate was under the Sec­tion's auspices and concerned the "no-fault" automobile insurance problem :-

" RESOLVED, it is imperative that the Arkansas Legislature adopt a Florida-type 'no-fault' plan in 1973,"

AFFIRMATIVE : DONIS HAMILTON DAVID N, LASER

NEGATIVE: ROBERT B, LESLIE ROBERT L. HENRY, III Messrs. Leslie, Henry

THE ARKANSAS LAWYER

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KEYNOTE LUNCHEON NOON JUNE 2, 1972

Dorine Deacon

Mr. Meserve

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

Frances D. Holtzendorff

-THE HEAD TABLE PERSONAGES-

Robert w. Meserve

Cloy teen Mrs. R.W. Roberts Meserve

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

• ABA Delegate 1961-72 • President, Boston Bar Associa­

tion 1963-65 • President, American College of

Trial Lawyers 1968-69 • Fellow, American Bar Foun­

dation • Chairman , ABA Resolutions

Committee 1967-68 • Director, American Judicature

Society 1966-72 • Member, many Bar and Civic

groups • Partner, Nutter, McClennen &

Fish Law Firm of Boston • ABA Presiden t-Elect 1971 -72

J. C. " Jack" Deacon

President-Elect' s Recept ion 5:00 P.M . June 2, 1972

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

SEPTEMBER , 1972

The Woods

An innovative scheduling of over 25 committees for their meetings at individual tables in the Conven­tion Center resulted in fine atten ­dance. Committeemen and Asso­ciati on officers were able to at­tend a number of meetings during the period . Continental Breakfast makings were available in the ad ­joining Hospitality Room.

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

PAGE 229

INAUGURAL MEETING HOUSE OF DELEGATES 2:00 P.M . JUNE 2, 1972

M r Youn g

Judge Bull

PAGE 230

AFTERNOON SESSION President Pau l B. Young o ff icia lly ca lled into session the f i rst meeting of the House of Delegates of the Arkansas Bar Association, and introduced Speaker Ray S. Smith, Jr. of the Arkansas House of Representatives as Parli amen­tarian .

Mr. Smith

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

"Our Heavenly Father, we humbly invoke Thy kind bene ficence and You r continued assistance in t~e de li berat ions and worki ngs o f th is House. We are mindful that this House and the larger organization of w hich it is a part occupy but a small place in Your larger scheme of things, but we are also mindful that as working lawyers we do exercise a measure o f in­fluen ce and effec t upon the fortunes of a land, a people , and a govern­ment o f free people under law ; and to the end Father , we do invoke Thy guidance so that it may be said of this House and its successors, as with essayist Tennyson. that there is no virture so truly great and Godlike as just ice.

And that i t may equally be said of this House and its successors , as with the Prophet M icah. who gave us this injunction, 'And what doth the Lo rd require o f thee but to do justice and to love mercy and to wa lk hu m­bly wi th thy Lo rd '.

To these ends, Father. we ask Thy aid so that we may erect a standard to which the wise and honest may repair . The event is in the hands of God . Amen ."

THE ARKANSAS LAWYER

Mr. Ross

AGENDA

Agend a items are numbered seriatim.

1. Secretary-Treasurer Robert D. Ross certified the election of the House of Delegates. (Note: the Delegates are listed by Delegate Districts in the Arkansas Bar Association Directory 1972-73, on page 165 of the July 1972 issue of The Arkansas Lawyer.)

2. The drawing for delegate terms of office , i.e., one, two or three years, was held.

3. President Young next gave his President's Report (applause with standing ovation) .

4. The Delegates next adopted the Rules of Procedure for the House of Delegates.

5. The Secretary-Treasurer's Report for t970-71, as audited by the Audit Committee and E.L. Cullum and Company, was approved. The report reflects an increased of some $4,500 over members ' equity at end of previous fiscal year. Mr. Ross also noted that Association membership had increased during period , May 1971 - May 1972, from 1,496 to 1,579.

6. President Young presented to Mr. Ross a plaque with the following in­scription , "The Arkansas Bar Association honors Robert D. Ross for his dedicated and distinguished service as its Secretary-Treasurer, 1969 to 1972."

7. Mr. Herschel H. Friday of Little Rock was certified as having been duly elected as the Association 's Delegate to the American Bar Association 's House of Delegates.

Mr. Friday

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

SEPTEMBER, 1972

Mr. C laycomb

PAGE 231

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

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

Mr. Shaver

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

Resolution No. 1 BE IT RESOLVED BY THE HOUSE OF DELEGATES OF THE ARKANSAS BAR ASSOCIATION : That the Association is opposed to any " no fault" insurance plan which deprives the public of the r ig hts guaranteed by the Constitution of the State of Arkansas .

The Association would support an equitable and economically feasible plan which preserves these constitutional rights and remedies guaran­teed to the citizens of this State. The Association has worked and will continue to work for improvement of laws and procedures governing automobile accident reparations and insurance and the correction of any defects which may exist in the administration of the present tort liability system.

Resolution No. 2

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Mr. Cathey

BE IT RESOLVED BY THE HOUSE OF DELEGATES OF THE ARKANSAS BAR ASSOCIATION : That the Association is opposed to Federal intervention in the area of " no fault" automobile insurance and specifically opposes the Hart-Magnuson Bill now pending before Congress.

12. The notice requirements on Resolution No. 3, concerning Judicare. were not waived by the Delegates.

The House adjourned at 4:05 p.m. to reconvene at 9:30 a.m. , June 3, 1972.

MORNING SESSION President Young called the House of Delegates to order at 9:30 a.m., June 3.

13. Secretary-Treasurer Ross called the roll , and then announced the membership of the Executive Council from the State Bar Districts (Note : the Executive Council is listed in the Arkansas Bar Association Directory 1972-73. at page 164, July 1972 issue of The Arkansas Lawyer) .

14. President-Elect Henry Woods announced the completion of his committee appointments for 1972-73 (Note: see Directory).

PAGE 232 THE ARKANSAS LAWYER

Mr. West

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

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

Mr. Moody

17. The De legates approved the contin ued existence of all current Special Committees, and rested authori ty in the Executive Cou nci l to act for and on behalf of the House of Delegates in the interim be­tween all meetings of the House during 1972-73.

18. The Association Budget for 1972-73, as approved by the Executive Committee, was approved .

19. Past Pres ident J.L. Shaver commented that the House of Delegates was a democratic form of government fo r the Association , and expressed the hope that the members will become more active and responsive to the public. (Applause, standing ovation .)

20 . Incoming Chairman John P. Gill of the Constitutional Refo rm Com­mittee submitted the following Resolution :

Resolution No. 4 WHEREAS, there is now pending before the Arkansas Supreme Court the case of Bryant , Secretary 01 State, versus Renkin , et ai, No. 6005 , in which there is in issue the question of the right of the General Assembly to submit constitutional amendments to comprehensive revision of an en­tire article of the Constitution of Arkansas ; and WHEREAS, it is apparent that the revision of the major articles of the Constitution is desirable and necessary to obtain needed improvements.

NOW, TH EREFORE, BE IT RESOLVED BY THE HOUSE OF DELEGATES OF THE ARKANSAS BAR ASSOCIATION :

That, one, the Arkansas Bar Association throug h its Constitutional Reform Committee seek approval o f the Arkansas Supreme Court of the f iling of an amicus curiae brief urging the pOSition that comprehensive article-by-art icle amendments are approved .

SEPTEMBER , 1972

Mr. Gill

PAGE 233

Secondly, the cost of the preparation of said brie f be authorized as a proper expense of said com­mittee.

Notice requ irements were waived and the Resolu tion was approved by the Delegates.

M r. Woods

21 . Outgoing President Young in­t ro duced inc oming President Henry Woods, and presented him with the gavel of office.

22 . Mr. Woods then presented Mr. Young with a plaque inscribed with the fo llow ing :

" The Arkansas Bar Association honors Paul B. Young for his ded icated and distinguished ser­vice as its President 1971-72."

23. President Woods next announced the appointment of James B. Sharp of Brinkley as Chairman of the Executive Council. Chairman Sharp resigned his position as Delegate from the 11th Delegate District. Mr. J .W . Green o f Stuttgart was e lected to fill the vacancy . Chairman Sharp reviewed various responsibi lit ies o f the House of Delegates and the Exe­cutive Council in stressing the new democratic processes of the Associa­tion .

24 . The apprec iation of the House of Delegates for the services rendered by Parliamen ta ri an Ray Smi th and Chairman Shaver of the former Reorganization of the Bar Committee were duly expressed and noted.

Mr. Sharp

25. There being no further business, President Woods declared the Inaugural Meeting of the House of Delegates adjourned at 10:35 a.m., June 3, 1972.

(Note: The Report of Proceedings of the Inaugural Meeting of the House of Delegates of the Arkansas Bar Associat ion , June 2-3, 1972, during the 74th Annual Meeting of this Association , is avai lable for in­spection at the Bar Cente r, 408 Donaghey Building , Little Rock , Arkansas.)

PAGE 234 THE AR KANSAS LAWYER

ADDITIONAL PHOTO HIGHLITES

74th ANNUAL MEETING ARKANSAS BAR ASSOCIATION

May 31 , June 1·3, 1972

'" ~

-

Introducing A Better Bond Service For Arkansas Attorneys

We offer immediate or one day service for most fiduciary and court bonds, regardless of how small or how large. We have the authority and knowledge to help you. Call our Little Rock or Ft. Smith office for bond service that 's fast and efficient.

Little Rock: Commercial National Bank Bldg . BONDS & ASSOCIATES INC . Phone 372-5237

Bonding - Insurance - Risk management Ft. Smith: 615 North " B " SI. Phone 782-0333

John Y. Bonds, Jr. , C.P.C .U.

PAGE 238

John R. Hampton, Jr. John D. Cook, Jr. Michaet H. Kehres, C.P.C.U.

It is well that judges should be clothed in robes, not only, that they who w itness the administration of justice should be properly advised that the funct ion performed is differen t from, and higher, than that wh ich a man d ischarg es as a citizen in the ordinary walks of life; but also, in order to impress the judge himself with the constant consciousness that he is a high priest in the temple of justice and is surrounded with obligations of a sacred character that he cannot escape and that require his utmost care, attention, and self-suppression.

-William Howard Taft

Arkan~a~ ~uprl!ml! Court Judicl! John A, Fogll!man wl!ar~ hi~ robl!~ humbly and WI!ll ...

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

THE CRITTENDEN COUNTY BAR ASSOCIATION

THE ARKANSAS LAWYE R

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One hu ndred years of history of this County has passed. It is a wonderfu I history. So, we are as­sembled here today to relive in our hearts and memory the history of this beautiful County, as reflected by the lives of our forefathers, and the homes and places they estab­lished. We pay our loving respect to the memory of these places, which are full of years , and full of honors. These places were not es­tablished by our forefathers with no other ambition " than just to live in history." They were established by people like you and me . They traveled the dusty and muddy roads, they cleared the lands, built their homes, and churches, and raised their families, and fought to maintain their ideals, and left to us a society in which free people may pursue their destiny, according to their conscience and God's pur­pose in their lives. I am sure if each of our forefathers could say anything to us today they would say:

" Life has been good; the spirit must be me

That lives and loves and serves, eternally! "

We can truly say that today the spirit of our forefathers does live, love and serve in the hearts of the people of Cross County.

(Summation by J. L. "Sex" Shaver in his Civil War Com­memorative address on June 11, 1961 at the home of Mrs. T. D. Hare at Vanndale, Cross County 's first official courthouse.)

SANK OF CHERRY VALLEY*

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PAGE 240

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TH E ARKANSAS LAWYER

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( HO" . Ll RAI'<SICK

~ page from tbe pagt ... l 408 DONAGHEY BUILDING LITTLl ROCK AR 7220 1

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

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

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

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

~ page for tbe future . . .

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