Swift Justice of The Past...

JUDGE PARKER'S COURT IN 1885

OLD FIRST FEDERAL BUILDING

MAIN OFFICE SINCE 19616TH & GARRISON. FORT SMITH

FOUNDATIONFOR PROGRESS

Late in 1842 the town of Fort Smith was incorporatedwith a population of 500 persons. Keel boats and flatboatsbrought settlers to Fort Smith and carried produce in and outon the Arkansas River. In the 1870's, the great ironhorse gavea real boost to the area's population and economy. West ofFort Smith, though, was the lawless Indian Territory whererecourse to justice was with a gun and survival became, toa large extent, a matter of speed and accuracy with thatweapon. In 1875, Isaac Charles Parker was appointed FederalJudge of the U.S. Court for the western District of Arkansas.He brought swift justice to more than 12,000 criminals andof those 88 were hung on the gallows. The 21 years hepresided as Judge brought about the law and order neededto establish a more peaceful community that has grown andprospered ever since.

On March 18, 1920, First Federal was organized under astate charter as the Maple Leaf Building and Loan Associationand reached assets totaling $10,418.50 on December 31,1920. The Association was founded by strong managementand met the test of the Great Depression of 1929 with neveran interruption in semi-annual dividends for its savers.

In 1933, the Home Owners Loan Corporation was estab­lished by the Federal Government and Congress passedlegislation which provided for Federal chartering of asso­ciations which could Qualify. First Federal became the firstassociation in America to be recognized for 100% conversionand holds Certificate No. 4 from the Federal Savi ngs andLoan Insurance Corporation. At the beginning of 1934 assetswere $209,000.

Since that time our progress and growth have been steadyand at times even swift. First Federal assets as of this month,July, will approach the $100 Million mark! With this fine recordof 9rowth and rising dividends to build on, we eagerly lookforward to the future and pledge even greater services to ourmany fine customers.

FIRST FEDERALSAVINGSand Loan Association

/

7TH AND BROADWAY. VAN BURENBRANCH OFFICES PHOENIX VILLAGE MALL. FT. SM ITH

CENTRAL MALL. FT. SMITH

JUlY, 1972VOl. 6, NO.4

THE OFFICIAL PUBLICATIONOF THE

ARKANSAS BAR ASSOCIATION

OFFICERS

Henry Woods, PresidentJames E. West, Vice-PresidentJames M. Moody, Secretary-Treasurer

EXECUTIVE OIRECTOR

C. E. Ransick

EXECUTIVE COUNCil

Thomas F. ButtJohn A. Davis, IIIJulian B. Fogleman

John P. GillHerman HamiltonW. D. MurphyDale PriceRobert D. RossDouglas D. Smith, Jr.David SolomonOtis H. TurnerRobert Hays Williams

Ex-Officio

Henry WoodsJames E. West

James M. MoodyPaul B. YoungRichard F. HatfieldJames B. Sharp

EDITORIAL COMMITTEE

Robert D. RossPhilip E. DixonC. E. Ransick

JULY,1972

~e

ArkansasLawyerSPECIAL FEAlURES

"Human Pollution"

The Corrections Problem .' Richard, J. Hughes 140Past-Presidents -

Northwest Bar District 156

"No-Fault" Insurance Resolutions

and Report ....................................•.... 148

Admissions Ceremony .............•.................. 136

Association Directory 162

REGULAR FEAlURESCover Story G. Byron Dobbs 124President's Report Henry Woods 119

Juris Dictum ............•.•............... C. R. Huie 130

Law School News Robert Brockmann 134

Oyez-Oyez B. Ghormley 118

In Memoriam 138

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

Published bi.monthly by the Arkansas BarAssociation, 408 Donaghey Bldg., littleRock. Arkansas 72201. Second classpostage paid at Utlte Rock. Arkansas. Sub­scription price 10 non-members 01 theArkansas Bar Association $6.00 per yearand to members $2.00 per year included inannual dues. Any opinion e",pressed hereinis that of the author, and not necessarilythat 01 the Arkansas Bar Association, TheArkansas lawyer, or the Editorial Com­miltee. Contributions to the Arkansaslawyer are welcome and should be sent intwo copies to the Arkansas Bar Center, 408Donaghey Bldg., Little Rock, Arkansas72201.

All inquiries regarding advertising shouldbe sent to Advertising Department, Arkan_sas Lawyer, Post Office Box 4117. North lit­tle Rock, Arkansas 72116.

PAGE 117

Mitchell Moore

By 8. Ghormley

George Holmes, Pine Bluff, has beennamed Boss of the Year by the Jeffer­son County Legal Secretaries Asso­ciation. Ed Bethune, Searcy, was alecturer and participant in a seminarof trial jUdges during their April cau­cus at the University of Mississippi.Buford Gardner, Harrison, has beenappointed Public Defender for the14th Judicial District. Circuit JUdgeHarry Crumpler, Magnolia, has an­nounced his retirement from the FirstDivision Circuit Court in the 13th Judi­cial Circuit due to ill health and Cir­cuit Judge Melvin Mayfield, EIDorado, has assumed the duties untilan interim judge is appointed. H. H.McKenzie, Prescott, has been induc­ted into the Fellowship of the Ameri­can College of Trial Lawyers. Twoother Arkansas lawyers so honoredare Henry Woods and Sid McMath,both of Little Rock. Mr. Woods was aguest speaker at the Oklahoma BarAssociation and Muskogee CountyBar Association's Seminar on Ad­miralty and Maritime Law held duringMay, 1972. His topics were "TheJones Act" and "Unseaworthiness."Gerald Asher, Helena, has been ap­pointed acting City Attorney succeed­ing Bill Dinning, Jr., who resigned inMarch. Neva B, Talley, Little Rock, isnow on the Board of Governors of theAmerican Academy of MatrimonialLawyers. Mrs. Joseph P. Jones, Jr.,Kentucky, formerly Dorothy Orsini ofLittle Rock, was in Little Rock themiddle of June and visited withfriends. O. C. Burnside, Lake Village,has been named to serve as JuvenileCourt Referee in Chicot County.William R. Wilson, Jr., and William H.Hodge, formerly with the Wright LawFirm, have formed a partnership withoffices at 370 Tower Bldg .. Little Rock.Gerald W. Carlyle, Newport, is nowassociated with the law firm ofHodges, Hodges & Hodges. Ronnie A,Phillips, Fordyce, a 1971 graduate ofthe U of A Law School has opened hisoffice at 909 W. 4th. Richard L. Slagle,Hot Springs, has become associatedwith the law firm of Wootton, Landand Matthews. F. Wilson Bynum, Jr.•Pine Bluff, has become associatedwith the law firm of Dickey, Dickeyand Drake. David R. Malone andJames M. Roy, Jr" Springdale, havebecome associated with the law firmof Crouch, Blair, Cypert and Waterswith Leslie L. Reid of Counsel. RobertW. Vater has joined the partnership ofMartin & Evitts, Fort Smith. Vernon E.Jordan, Jr., New York, was guestspeaker of The Urban League ofGreater little Rock at its April meet­ing. Gene Schieffler, West Helena,was the guest speaker on behall of

PAGE 118

the Speakers Bu reau of the ArkansasBar Association at the West MemphisRotary Club on Law Day and No-Fault.Henry Woods has also been busy withspeaking engagements. three of manyinclude the Camden Rotary Club andCamden lions Club on No-Fault and ameeting of the Private Investigators inArkansas. Charles H. Eddy, Morrilton.Lions Club District Governor 7-S con­ducted the State lions Convention atTexarkana in May. The SouthwestArkansas Bar Association presented a

y/program on fees to its members withMitchell D. Moore, Osceola, asspeaker. Other participants wereHenry Woods, Paul B. Young, andPaul J. Hogue. A number of organiza­tions engaged members of the Bar toaddress their members on Law Day. Afew include: EI Dorado Rotary Club,James Spencer III, Speaker; QuotaClub of Greater Little Rock, JudgeKay L. Matthews, Speaker; JonesboroKiwanis Club, J. C. Deacon, Speaker;Hope Lions Club, Judge RoyceWeisenberger, Speaker; ClubCosmopolitan, Mrs. Nell PowellWright, Mountain Home. CraigheadCounty Bar Association - HerschelFriday was speaker at their Law DayBanquet and a Liberty Bell Award wasgiven to Alan Patteson, Jr.; Proclama­tions were issued and the local highschools were contacted. Garland

County Bar Association - Herbert E.Hoxie, FBI Agent in Little Rock wasspeaker at their meeting and a specialprogram for the junior high school.Greene-Clay County Bar - A LawEnforcement officers' appreciationpicnic; special programs for theschools of Clay County and Proclama­tions were issued. White County BarAssociation - A television special.The National Law and Order Test waspresented; boy scouts handed outbuttons; mock trials in schools andProclamations were issued. Washing­ton County Bar Association - DeanJoe Covington was speaker at a meet­ing and a Liberty Bell Award wasgiven to Rev. Elvin Crandall; jointProclamations by surrounding townsof Greenland, Springdale and Fayette­ville; a television question and answerpanel. The participants were Peter G.Estes, William B. Putman, H. FranklinWaters, James W. Gallman, Bob I.Mayes and Hugh R. Kincaid, Texar­kana Bar Association - Liberty BellAward was given and Donald Morri­son, President. National EducationAssociation presented talks to thelocal high schools. IndependenceCounty Bar Association - JusticeFrank Holt was speaker at their meet­ing and essay winners were an­nounced; the Kiwanis Club, LionsClub, Rotary Club, Civitan Club andOptimist Club were all in attendanceat this meeting. Columbia Bar Asso­ciation - A Liberty Bell Award wasgiven to Ike Colquitt and special pro­grams were presented to the localhigh schools. Baxter-Marion CountyBar Association - Speakers weremade available to all local civil clubs.St. Francis County Bar Association- Fletcher Long, Jr., President, madea statement to the local paper. Jeffer­son County Bar Association - PineBluff Commercial printed a tribute.Phillips County Bar Association _ Atribute was given to the law enforce­ment officers. Pulaski County BarAssociation - A Freedom Shrine, acollection of 28 reproductions offamous American historical docu­ments, was presented to Adams Fieldby Robert Shu lis and a talk by JusticeJohn Fogleman told of the signifi­cance of these documents....

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

PBISIBIIT~S

BErOITBy Henry Woods

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

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

ChallengeIn a sense the challenge you and I face is a microcosm of

the challenge faced by our country and indeed by the freeworld. That challenge is whether democracy is an effective,workable method of government. Make no mistake about it- our Association has been converted into one of thepurest forms of democracy imaginable. Each of you in thisHouse of Delegates was elected by the secret ballot of thelawyers in your own community. This morning by secretballot you have elected an Executive Council to carry outyour policy between sessions of this House. But yourdecisions and the decisions of your Council are also sub­ject to an even broader infusion of democracy. Anydecision you make or the Council makes may be referredon a petition of 25 members to a vote of our entire mem­bership. Also vested in the membership is the power toinitiate proposals by petition to be adopted by the entiremembership.

This new and democratic constitution was a positive andcomplete response to those critics who have said that inthe past our Association was under the dominance of asmall and selfish clique of big city lawyers who shaped it intheir own interests and for their own purposes. Anexamination of the truth in these charges would now bepointless. However, all would agree that the former struc­ture did favor clique and special interest dominationwhether or not such domination was ever effectuated.These criticisms can no longer be made. Our new structureis in the classic "grass roots" "town meeting" mold.

Membership DriveThis brings me to a consideration of what I conceive to

be our first task as a House of Delegates. Basic to the suc­Cess of a "grass roots" or "town meeting" type oforganizational structure is full participation by the group af­fected by decisions of the organization. It is a tragic fact

JULY,1972

that almost half of the licensed attorneys in this state do notbelong to the Arkansas Bar Association. There are over2800 of the former and barely 1500 of the latter. While someof the non-members reside out of Arkansas, most are herein our midst. They must be personally contacted and ap­prised of the advantages of Association membership. Thistask is so vital that I have decided to entrust it to you asmembers of this House under the overall chairmanship ofSteele Hays. The Executive Director this summer willprovide each of you with a list of the non-members in yourdistrict. I am asking that you assume responsibility for a per­sonal contact and a superb job of salesmanship on thesepeople. Where necessary I am authorizing you to appointcommittees within your delegate district to assist in thisproject. At our September meeting I will calIon eachdistrict for a report on its membership drive. Under our newconstitution the old excuses for "free loading" are simplynot valid. Non-members must be made to realize that mem­bership in our Association now carries with it an equalvoice in all its undertakings. They must also be made torealize that the legal profession is presently under assaultin this country as never before in its history and that onlythrough a strong and united Bar can these assaults berepulsed. I ask you to meet a modest objective during thecoming Bar year. I ask you for a 20 per cent increase inAssociation memberships from 1500 to 1800, with con­fidence that you will meet and even exceed this quota.

New Bar CenterYour support is essential in other important areas. After

more than a decade of dreaming and planning, the new BarCenter will shortly become a reality. Located adjacent toperhaps the most hallowed building in Arkansas, the OldState Capitol, the Bar Center will be connected by walkwayto the Pulaski County Law library Building soon to houseone of the finest law libraries in the South. Mr. Ed Lester,Chairman of the Bar Foundation Building Committee, hasreported in detail on this project. He has told you of the ad­ditional needs and requirements - money for furnishingsand equipment. The fund drive to acquire this property wascompleted more than ten years ago. Thus a substantial por­tion of our membership did not have an opportunity to par­ticipate in the financing of the new center. Some pledgeshave gone unpaid because the slow progress of the projectcaused hope to dwindle for its successful completion. It willbe incumbent on you as leaders of the Association, workingwith the Bar Foundation, to insure the successful com­pletion of the Bar Center and to see that it is furnished in amanner befitting the state headquarters of our Association.

Continued on page 120

PAGE 119

Continued from page 119

Legislative ProgramProvision for adequate physical faci lities, however, must

not overshadow the need to revamp and reorganize someof our methods and procedures. Particularly is this true inthe field of Legislation. In the 1971 session of theLegislature your Association sponsored an ambitious andprogressive legislative program. Much of this programhowever was not enacted into law. Some bills wereprepared far too late; others encountered the opposition ofsmaller, less influential but better organized groups. Thepotential political clout of our Association (which I believeis considerable) was never really brought to bear on theLegislature.

Two of our legislative failures were most disheartening.In one instance we lost a bill by one vote which would haveby next July provided an additional million dollars for legaleducation in Arkansas-this at a time when legaleducation in this state is in a crisis situation. We sustainedanother major defeat when the Legislature defeated theenactment of the 1970 changes in the Federal Rules of CivilProcedure. As all of you know, the original Federal Ruleswere enacted by statute in Arkansas many years ago. Wehave until 1970 enjoyed uniformity of procedural rules instate and Federal courts. This has been a great boon tolawyers and litigants. Not only has this uniformity now beendestroyed, but we are losing the benefit of the reform andmodernization effectuated in the 1970 Revisions.

In order to improve our Legislative posture, severalsignificant steps have been taken. The budget committeehas approved funds to employ a full-time legislative liaisonman who will function before, during, and a short time afterthe legislative session. In a joint meeting of the

Jurisprudence and Law Reform, Legislation, and ExecutiveCommittees the following schedule for handling legislationwas worked out. Any legislation proposed by a committeeor an individual in the Association must be in the hands ofthe Jurisprudence and Law Reform Committee by July 31st.The committee must have it in bill form and to the ExecutiveCouncil with its recommendation by August 31st. Allproposed legislation will be considered by this House at it~

meeting on September 21. If approved, it will then be tran­smitted to the Legislation Committee, who will be respon­sible for its final legislative form and introduction. The fullresources of this Association will be placed behind anylegislation approved by this House.

"No-Faull"One of the principal struggles in the 1973 Legislative

Session will revolve around some type of "no fault"automobile insurance plan. About 150 so-called "no fault"plans are being bandied about. While some of these are notobjectionable and may even be desirable, most of them areimpractical, costly and in contravention of the ArkansasConstitution. When such a plan is introduced in the Arkan­sas General Assembly, members of the body and thegeneral public are going to look to the Organized bar foranalysis and guidance. We must be ready with knowledge,expertise, and understanding. These plans must be jUdged,not on the basis of the effect they will have on the legalprofession, but on their public impact. If a "no fault"proposal will provide greater benefits to the motoringpublic at a lower cost, then our profession should supportit, irrespective of its effect on the income of lawyers. On theother hand, if the plan advanced will reduce benefits, in·crease premium costs, and encourage fraud and deception,then we should oppose it with all the resources at our com-

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PAGE 120 THE ARKANSAS LAWYER

mand. Any idea that our Association can remain aloof fromthe coming legislative struggle ovef "no fault" is pure fan­tasy. Whether we desire it or not, our involvement in thiscontroversy is inevitable. A year ago our outgoing presidentPaul Young appointed a special committee with excellentpersonnel under the chairmanship of Bruce Bullion to makea continuing study and analysis of the various "no fault"plans. The members have worked assiduously. I am con­tinuing this fine committee and requesting that its labors beredoubled as we approach the 1973 session of the GeneralAssembly. I urge each of you to educate yourselves on theintricacies of "no fault" and to be prepared to speak andanswer questions in your district. The general public ishungry for information from informed sources to replacethe propaganda barrage now being leveled by a portion ofthe insurance industry.

Client Security FundMy predecessors Jack Deacon and Paul Young, working

closely with the Supreme Court and its committee onProfessional Conduct, have given the impetus to a newdisciplinary structure in effect since the beginning of thisyear. This structure is already receiving acclaim in nationalBar and judicial circles. One further measure needs to betaken. We need to immediately establish a Client SecurityFund to protect those who have suffered financial loss byreason of the dishonesty of a lawyer. These funds are nowoperating successfully in several states. Payments aremade from the fund as a matter of grace and not of right,and only after discipline has been imposed on the of­fending lawyer. The rogues and crooks in our professionconstitute an infinitesimal part of its makeup, but theirdefalcations are given wide pUblicity in the media. Publicopinion surveys, some under bar auspices, have shown that

the lawyer's image is distorted and to some extend mud­splattered. Much of the responsibility for such unfair imagesurely rests with a small number of our wayward brothers.Since we have had a major part in putting licenses in thehands of these people, when and if they use that license toprey on the pUblic, we should not only playa major role inremoving the license from their hands, but also makingtheir victims whole. In my opinion, the greatest publicrelations blow that could be struck for our profession inArkansas would be the immediate establishment of a clientsecurity fund. Until some permanent means of funding canbe set up, I urge that such a fund be started with voluntarycontributions. The time to start is now right here in thisbody. I am here committing my firm to $100 as a starter. Iam asking our secretary to pass around a sheet of paper,for additional commitments. I would hope that we can leavehere today with at least $1,000 pledged from this House ofDelegates. I have already asked our Client Security FundCommittee to draft the rules and regulations governing theadministration of this fund and payment from it. Within themonth a letter will be addressed to our membership askingfor voluntary contributions. An average donation of $10 permember would give us $15,000 with which to begin thisfund, while we explore methods of permanent financing.

I cannot discuss the matter of public relations withoutcommending the fine work of our Public Relations Com­mittee during the past two years under the chairmanship ofJohn Gill. On a very limited bUdget this committee has ac­complished wonders with excellent TV spots and programs,a public speaking campaign, and well-drafted newsreleases covering Association activities. Hopefully with theprojected increase in membership, more funds will beavailable for the important work of this committee.

Continued on page 122

1Snow ~ll jrflen jljp mbese ~resentg ...We are particularly pleased to honor our distinguished member . ..

• Past-PresidentWashington County Bar Association

• Past-PresidentArkansas Bar Association

• FellowAmerican Bar Foundation

• FellowAmerican College of Trial Lawyers

Courtney C. Crouch

THE WASHINGTON COUNTY BAR ASSOCIATION

JULY, 1972 PAGE 121

Continued from page 121

CorrectionsThe address of Governor Hughes on Thursday has ten­

ded to highlight and emphasize the importance of anothercommittee - the Special Committee on Corrections namedby President Paul Young early this year. This committee hasbegun its work with much enthusiasm. Last montharrangements were made for the Corrections Committeeand the Executive Committee to tour the Arkansas Peniten­tiary. We all were much impressed at this institution. Yetmuch remains to be come - in rehabilitation, vocationaltraining, legal service for inmates, and better physicalfacilities. Both the state administration and penitentiary ad·ministration have told us that they want and need our helpin establishing a modern correctional system in Arkansas- one that will function not only to incarcerate a prisoner

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PAGE 122

but also to rehabilitate him and assist him after he returnsto society.

Law SchoolAnother state institution is very much on the minds of

Arkansas lawyers - our University Law School. Theretirement of Dean Ralph Barnhart has precipitated thesearch for a new Dean. We are glad to note that HerschelFriday, longtime Chairman of our Law School Committee,was named by President Mullins to the Search Comm!t!eealong with Randy Warner. The new Dean faces manyproblems. He will need the active support and en­couragement of each member of this Association. Un­fortunately, bitter factionalism has appeared among thefaCUlty of the Fayelteville campus of the Law School.Unless completely extirpated, it can destroy student as wellas faculty morale. It has already resulted in a wellpublicized investigation by the American Bar Association,whose report will be shortly forthcoming.

Our Law School Committee, which contains three at­torney members of the University Board of Trustees and ischaired by Herschel Friday, has kept close touch with LawSchool developments. Herschel, ol'.le of the busiest prac­titioners in the state, has given most liberally of his time intrying to help solve some of the knotty problems at the LawSchooL I know that I speak the sentiments of this House inassuring Herschel and his fine committee that they haveour complete support in their efforts to improve the qualityof legal education and to assist our Law School through itspresent difficulties.

Committee AppointmentsIn mentioning these few committees, I do not mean in any

way to denigrate the importance of the other committees ofthis Association. Many of them are performing work just asvital as the ones I have mentioned. In making committeeappointments for the coming year, I endeavored as much aspossible to give his first preference to each member whoexpressed a desire to do committee work. Understandablythis could not always be done. In every instance, however,he was given one of his alternate choices. You will be in­terested to know that every single person seeking a com­mittee assignment has been given one. Early in May, Ischeduled three days of meetings with the old and newchairman of each committee. Together we formulated aprogram of activity. The success of this administration,which is yours as much as mine, will depend upon how wellthese committees carry out the programs that have beenformulated. In order that you will have a direct part in thesupervision of these fifty committees, I will assign four com­mittees to each member of the Executive Council whom youhave today elected from this body. The council member willbe responsible for maintaining close liaison with the fourcommittees assigned to him. He will be expected to reportto the Council, its officers, and this House as to the mannerin which Committee responsibilities are being performed. Ifa committee is falling down in its work, we want to knowabout it before the Bar year is gone. Timely assistance interms of personnel and advice can often salvage an inac­tive and ineffectual committee.

CommitmentIn closing let me call to your mind the words of a great

American President. Theodore Roosevelt once said thateach man owes a part of his life to the service and im­provement of his chosen profession. In taking the time andtrouble to offer yourself as a candidate for this House andin undertaking the serious responsibilities associated withyour election, you have made a substantial downpaymenton that debt ....

THE ARKANSAS LAWYER

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

Heartsill is all of these ...

• Past PresidentArkansas Bar Association

• Past Chairman and MemberMany Association Committees

• CommissionerArkansas Oil and Gas Commission

• Founding DirectorArkansas Bar Foundation

• PresidentUnited Savings Associationof Fort Smith

• DeaconHeartsill Ragon Central Presbyterian Church

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

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BUILDING MATERIAL DISTRIBUTORSMORTGAGE BANKERS

SERVING ARKANSAS AND THE SOUTH SINCE 1870

309 CENTER STREET

JULY. 1972

LITTlE ROCK, ARKANSAS

PAGE 123

History of Law •In the Arkansas Ozarks • • •

-H. Byron Dobbs

(Editor's comment: Our notedauthority on the Judge Isaac C.Parker era, Mr. Dobbs chronicles anearlier chapter in the interesting, andfrequently violent, history of law in theArkansas Ozarks.)

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Archibald Yell was appointed by Andrew Jackson asDistrict JUdge in the Territory of Arkansas in 1832. In thesame year Grandison D. Royston began the practice of lawat Fayetteville, and Albert Pike left a hunting party at Taos,New Mexico, entering Arkansas at Fort Smith where, for afew weeks, he was the guest 01 John Rogers, founder of thecity. And in 1833 David Walker of Fayetteville began his ser­vice as Prosecuting Attorney of the Third District. From thattime until 1878 the history of Arkansas could not be writtenwithout finding one or more of this group involved in thegreat events of those times.

Yell was the oldest, having been born in 1797; Walker in1806; and Pike and Royston 1809.

In territorial days the state was divided into three judicialdistricts. The jUdge traveled this large area, holding a termof court in each courthouse twice each year. There werefew roads and no bridges. Travel was by horseback, fordingthe creeks, and swimming the rivers, camping in the wilder­ness as occasion required, and depending upon their hunt­ing ability for food. Clothing and library were carried in apair of saddlebags. Most of the lawyers rode the circuit withthe judge.

One of the vicissitudes of riding circuit is illustrated by anexperience of Royston who, with the other circuit riders,came to a river where it would be necessary to swim. All ofthem removed their clothing, tied it in a bundle to holdabove their head as they swam the river, holding to the sad­dles of their horses. Royston, thinking to take better care ofhis wallet containing some $300.00, decided to carry it more

securely in his mouth. He urged his horse into the water,and suddenly the riverbed dropped away, and the horsewent down momentarily, ducking Royston, causing him tolose his pocketbook. No doubt he withstood some good­natured ribbing about the wisdom of keeping his mouthshut.

On one occasion when Yell was holding court, he calleda criminal case. The defendant did not answer. On inquiryof the sheriff he was told that the defendant had not beenarrested because he was a desperado, and that the sheriffhad been unable to secure a posse to take him into custodybecause of the general fear of the defendant. Yell inquiredwhere the defendant might be, and was told that he was ata local saloon. Yell recessed court, directed the sheriff todeputize him, and proceeded to the saloon, where he grab­bed the desperado by the throat and ordered him to marchinto the courtroom and to answer to his name. The defen­dant meekly marched into the courtroom, where Judge Yellresumed the bench, tried him, and jailed him.

It was a rugged frontier.By 1836 the population of Arkansas "exceeded" 47,700. A

Constitutional Convention was called. David Walker andRoyston were delegates. Yell's ambition was to be the firstgovernor of Arkansas, but did not seek to become adelegate because he felt it improper to do so, since he wasa territorial judge. Walker, 30, and Royslon, 27, helpedfashion the first constitution of Arkansas. This constitutionrequired a residence in the state of four years as one of the

PAGE 124 THE ARKANSAS LAWYER

/

Archibald Yell

qualifications for governor. Thus,Veil's ambition was thwarted becausehe lacked a few months of having thenecessary residence qualification. Hewas, however, elected as the firstCongressman from Arkansas. In 1840Walker was elected to the StateSenate, and Yell was elected Gover·nor. Yell was a Democrat, and Walkerwas a Whig. in 1844 Walker wasnominated by the Whigs for Congress.He was considered by the Democratsto be so formidable an opponent thatthe Democrats felt that only Yell could

'defeat him. Yell resigned as Governorand announced for the office. Thesefriends and neighbors and politicalopponents campaigned together. Yellwas elected. Walker said of him, "Youcan't beat such a man as that; he is allthings to all men, and all men believein him; he is as popular with thepsalm-singer as he is with those whotake their dram and shoot for beef."

Albert Pike, while teaching schoolat Little Piney, wrote s09veral articlesfor the Whig party organ, which cameto the attention of Robert Crittendon,who instigated his removal to LittleRock as assistant editor of that paper.He later acquired it for $2500.00. Withthe adoption of the Constitution of1836, the revised Statutes of Arkansaswere compiied, and Pike, who calledhimself the printer, wrote the prefacefor the printed volume adopted by theLegislature as the laws of Arkansas.He had been admitted to practice in1834. In 1835 he became a partner ofWilliam Cummins in the practice oflaw. He was attorney for the RealEstate Bank, and in 1842 representedits trustees.

Royston, who had been a prose­cuting attorney in territorial days, was,in the fall of 1836, eiected to the firstLegislature under the new stategovernment. At the second session

JULY, 1972

John J. Anthony offered an amend­ment to a bill regarding wolf scalps,and John Wilson, the Speaker, con­strued it as a personal insu It, left theSpeakers chair arod advanced on An­thony, and in the struggle killed himwith a bowie knife. Wilson was ex­pelled, and Royston was electedSpeaker. In 1841 he was appointedUnited States District Attorney for theDistrict of Arkansas.

With the advent of the Mexican WarYell resigned as Congressman to ac­cept the colonelcy of an Arkansasregiment. Albert Pike was one of thesquadron commanders. Yell died inthe battle at Buena Vista February 26,1847. His epitaph as prepared byDavid Walker refers to him as "agallant soldier, an upright judge, afearless champion of popular rights, asincere friend - an honest man."

Gen. Albert Pike

After the Mexican War Pike retur­ned to Arkansas. He and ColonelJohn S. Roane (Governor, 1849)engaged in a phenomenon of thetimes, open letters published in thenewspapers. in which charges andcountercharges of an acrimoniousnature were exchanged. A duel wasarranged. Apparently the parties werewell advised of the provisions of therevised statutes, which provide that ifa duel resu Its in death the survivorshall be guilty of first degree murder;but if only injuries result, then bothare guilty of a misdemeanor. The dueltook place on a sandbar across theriver from Fort Smith in the Indian Ter­ritory beyond the reach of the statute.It was fought with pistols at len paces.On the first exchange of shots bothmissed. Governor Roane demanded asecond opportunity, and it was ac­corded. Again they fired, and againthey missed. Governor Roane de-

manded his third opportunity. Pikewas willing, but Henry M. R~ctor, oneof Governor Roane's secoods, pro­tested so vigorously and so per­suasively that the duel was called off,and the party amicably recrossed theArkansas River for a banquet.

While the Whigs and the Democratswere bitterly opposed, by 1848 theDemocrats were well in the majority.At that time the Legislature as a wholeelected the Supreme Court judges.Nevertheless, Walker was electedAssociate Justice of the SupremeCourt over such men as JudgeEnglish and William Conway, both ofwhom afterwards succeeded to thatoffice. He served eight years, andretired to the practice of law and cir­cuit riding.

In 1853 Aibert Pike terminated hispartnership with Ebenezer Cumminsand moved to New Orleans, where hewas admitted to the bar on a showingof his familiarity with the Roman andFrench laws. He had translated thePandects of Justinian from Latin andFrench into English. He was employedto represent the Choctaw Indians in aclaim against the United States forcompensation for more than tenmillion acres of land in Mississippiceded by them to the government. Af­ter some years of delay, the UnitedStates Senate was constituted as anumpire to determine the justness ofthe claim, and found in favor of theChoctaws in the amount of$2,981,247.30 in March of 1859. Heand the other attorneys representingthe indians were allowed a fee of$300,000.00. Neither the Indians norPike ever were paid, though effortscontinued for some time to secure anappropriation. He had returned toArkansas in 1857 and resumed his lawpractice as a circuit rider.

Continued on page 126

Grandison D. Royston

PAGE 125

you should!

jUdges, prior to the ratification of the1864 Constitution. SUbsequently, theSupreme Court, in order to validatethe judgments based on thoseopinions, reconsidered the cases andadopted the opinions as written.

Under the 1864 Constitution judgesof the Supreme Court were elected bythe people. In 1866 David Walker waselected Chief Justice, although thefranchise was still very limited as tocivil population. His tenure terminatedwith the adoption of the 1868 Con­stitution. For six years the state en­dured what was generally consideredto be wasteful and venial carpetbagregine. In 1874 the present Con­stitution of Arkansas was adopted.Grandison D. Royston was presidentof that convention. David Walker waselected again to the Supreme Court in1874, and retired in 1878. He wrote theopinion for the court in the case ofState of Arkansas vs. Little Rock,Mississippi River & Texas RailwayCo" 31 Ark. 701, which held thatbonds that had been issued by theState in aid of railroads during thecarpetbag regime were invalid fordefects in the authorizing legislation.This case had the effect of in­validating millions of dollars worth ofbonds issued under the same circum­stances. There was a strong feelingthat these bonds were part of a gigan­tic boondoggle at the expense of thepeople of Arkansas.

The Constitution of 1874 re­established a responsible and stablegovernment sUbject to the democraticprocesses wherein close control wasretained in the people.

The careers of Walker, Yell, Pikeand Royston span half a century oftime in the history of Arkansas fromterritory to statehood, to secession, toreconstruction, to restoration ofgovernment to the people. However, itmust not be assumed that these arethe only lawyers having their begin­nings in Western Arkansas who parti­cipated in the great events of thetimes, or that made great con­tributions. Among such men shouldbe included Jesse H. Turner of VanBuren, who also served as AssociateJustice of the Supreme Court, andsucceeding David Walker in 1878;Hugh F. Thomason of Van Buren;Wilbur D. Reagon of Fayetteville;Alfred B. Greenwood of Bentonville·Thomas Walker Pound of Yell County:Jonas March Tibbitts of Fayetteville;Alfred M. Wilson of Fayetteville; W.S.Oldham of Fayetteville; William D.Floyd of Clarksville; Benjamin T. DuVal of Fort Smith; W.M. Fishback,Thomas B. Latham and Thomas Boles

states and that the differences shouldbe settled by negotiation and agree­ment. A vote was taken and a majorityfavored the union. The conventionwas recessed, and before it recon­vened Ft. Sumpter had been firedupon. The issue had been irrevocablysubmitted to the arbitrament of war. Achoice had to be made. The con­vention, with one negative vote, elec­ted to stand with its sister southernstates. Walker voted with the majority.The convention went about the task ofraising and equipping an army. A newconstitution was adopted sUbstantiallyas the original constitution, except forits allegiance to the Confederacy.

Grandison D. Royston was electedto the Confederate Congress.

With the defeat in war, Arkansaswas left under military control for allpractical purposes. In 1864 AlbertPike was elected to the SupremeCourt. That same year the third Arkan­sas Constitution was adopted andratified under circumstances whichlimited the franchise to federalsoldiers stationed in Arkansas and afew of the civilian population. Pikewrote several opinions on cases thatwere pending, along with other

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In 1861 a Constitutional Conventionwas called to determine the positionof Arkansas in confrontation betweenthe North and South. David Walkerwas elected delegate and president ofthat convention. He believed that thegreatness of this country would bestbe served by the union of all the

Continued from page 125

Continued on page 146

PAGE 126 THE AR KANSAS L""''!ER

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Arkangag Bar Aggoeiation

Extracts from the President's Address, "LOOKING BACKWARD - TO SEE FORWARD", of EugeneA. Matthews at the 59th Annual Meeting of the Arkansas Bar Association, June 6-7, 1957 - - -

THREE ARKANSAS BAR ASSOCIATIONS IN ONE

"If we measure the age of this Association from the time of its reorganization in 1899, then this yearwe celebrate its 58th anniversary. If we extend its antecedents back to the reorganization of the StateBar in 1882, then we mark the 75th birthday of our Association. If, as I think we should, we trace ourbeginnings to the organization of the first State Bar Association in 1837, one year after Arkansas wasadmitted to the Union as the 25th state, then we celebrate the 120th anniversary of organized bar ac­tivities in the State of Arkansas.

Whether we measure our past in the terms of a half century, three-quarters of a century, or a century,each as we may like, it has occurred to me that you would have some degree of interest in a fleetingexamination of the nature of the men and the movements recorded in the annals of the organized Barof Arkansas.

The Constitution of the first Bar Association of the State of Arkansas, adopted in 1837, is set out inthe appendix to the proceedings of the 1904 meeting of this Association.

Section 2 provides: 'the Association shall be perpetual. Its leading objects are to promote courtesyand kindness in the intercourse of its members; to establish uniformity in certain points of professionalconduct, and to protect generally the interest and dignity of the Bar.'

The Association did not achieve its claim to perpetuity, for it perished, probably during the Civil War.The Articles of Association provided for a president, vice-president, a secretary and three standingcommittees, being the committee on membership, the committee on expenditures and the committeeon professional courtesy.

This Constitution adopted long before the formation of the American Bar Association and theestablishment of its Code of Ethics, contains a minute and very splendid statement of the standardswhich should govern the conduct of its members in their professional relationships.

A resolution, adopted January 15, 1838, directed the president to appoint a committee of three todraft a petition to the Legislature, praying an appropriation for the procuring of a law library for the useof the Supreme Court and members of the Bar licensed to practice therein. I do not know to whatdegree this resolution contributed to the establishment of our very fine Supreme Court library, but it is,so far as I have been able to learn, the first recorded activity of the Arkansas Bar Association.

Af1er expiration of the 1837 Association during the troublesome days of the Civil War, it was not until1882 that the State Bar was reorganized. Of those who participated in its organization, Mr. F.G.Bridges, of Pine Bluff, Arkansas, alone survives. I regret that time does not permit the naming of thatillustrous group that gathered on May 24, 1882, to reorganize the Association, among whom were theforebearers of many of the present members of our Association.

PAGE 128 THE ARKANSAS LAWYER

----'" lEE ,". IIIII."The 1882 Association was quite active for some

years but gradually the members lost interest,perhaps, as Mr. George B. Rose says, because theywere not able to induce the Legislature to adopt anyof the reforms which they advocated. The moment ofits dissolution cannot be fixed. It is interesting to notethat in the State History Commission in Little Rockwill be found the proceedings of that Association forthe years of 1882 through 1886. Then for several yearsthere were no gatherings of the Bar until our presentAssociation was organized in January of 1899 withJudge U.M. Rose as its first president, the firstmeeting being held at Littie Rock on January 2 and 3,1900.

The report of the 1900 proceedings shows therewere 224 members of the organization, less than adozen of whom are alive today.

The Constitution was a very simple one, consistingof eight articies and providing for officers consistingof the president, one vice-president for each judiciaicircuit of the state, a secretary and a treasurer.

EUGENE A. MATTHEWSPRESIDENT 1956·57

Early in its existence, the Association indentified itself with the American Bar Association. The 1902proceedings recounted the appointment of deiegates to its next meeting. In that year JUdge U.M. Rosewas serving as president of the American Bar Association, an honor which has come to no otherArkansas lawyer."

(NOTE: Space limitations preclude reference to Mr. Matthews' excellent review of Arkansas BarAssociation activities during the 1900's and his noteworthy challenge for the years to come - seeArkansas Law Review, Volume II, Summer 1957, Number 3, at pages 273-287.)

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JULY, 1972 PAGE 129

JURIS DICTUMby C.R. Huie

Executive Secretary, Judicial Department

Those who read "The Child Trap­pers" by Lester Velie in the February1972 issue of the "Reader's Digest"were very probably shocked to learnthat in one major American city a Ju­venile Court judge packed children offto detention centers without even see­ing them; that another routinely sentyoungsters under six to a high-secur­ity detention center - not for anycrime, but simply because there wasno other place for them; and thatthroughout the United States, onlyone of every two juvenile court judgesis a college graduate.

Such conditions do not exist in Ark­ansas and hopefully never will.

Those who may have been underthe impression that juvenile justice inArkansas has been sadly neglected,will be pleased to know that recentlythe Arkansas College of Juvenile Jus­tice held its first session in HotSprings. The first college of its kind tobe held on a state level anywhere inthe United States was initiated by Mr.Jerry Shurgar, Manager of JuvenilePlanning. Arkansas Commission onCrime and Law Enforcement, assistedby Judge Dwain Needham, JuvenileReferee of Clark County, and Chair­man of the Arkansas Juvenile Delin­quency Planning Council. The collegewas sponsored by the Arkansas Com­mission on Crime and Law Enforce­ment, the Arkansas Juvenile Delin­quency Pianning Council, the City ofHot Springs, and the National Councilof Juvenile Court Judges. It was en­dorsed by the Arkansas SupremeCourt and Governor Dale Bumpers.

Assisting in the planning for the

PAGE 130

college were Chief Justice DavidZenoff of the Supreme Court of Ne­vada and Chairman of the TrainingCommittee of the National Council ofJuvenile Court Judges; Lewis W.McHardy, Executive Director of theNational Council of Juvenile CourtJudges and Dean of the National Col­lege of Juvenile Justice; Judge Mon­roe Paxman, Executive Secretary ofthe National Council of JuvenileCourt Judges, a branch of the Na­tional College of the Judiciary inReno, Nevada.

Financed by a grant from the Arkan­sas Commission on Crime and LawEnforcement, the college began withregistration on Sunday afternoon April30 and the opening session was heldMonday, May 1 with Ray M. Bigerstaff,Executive Director of the ArkansasCommission on Crime and Law En­forcement, Carleton Harris, Chief Jus­tice of the Arkansas Supreme Court,and David Zenoff, Chief Justice at theNevada Supreme Court providing wel­coming addresses.

The curriculum consisted of studiesof the history and philosophies of theJuvenile Court, major cases in juve­nile law and appellate review; Arkan­sas statutory and case law; JuvenileCourt practice and procedure;choices of disposition and treatmentof juveniles: the judge's role indeveloping community alternatives:behaviorial classifications; resourcesavailable to juvenile courts in Arkan­sas; and a field trip to the JuvenileClassification and Reception Centerat Benton; the Arkansas TrainingSchool for Girls at Alexander; theArkansas Training School for Boys,Wrightsville and the Arkansas Train­ing School for Boys at Pine Bluff. Thecollege concluded with a graduationluncheon and presentation of di­plomas on Saturday, May 6 by Gover­nor Dale Bumpers and Mayor TomElsworth of Hot Springs.

In addition to Dwain Needham,Juvenile Referee for Clark County, thefaculty consisted of Ted Lauer, Execu­tive Director of the National Law Cen-

ter, St. Louis University; Judge Lind­say Arthur, Judge of the MunicipalCourt Minneapolis, Minnesota; Dr.James Stein of the Center for thestudy of Crime and Delinquency atSouthern Illinois University; Dr. Tho­mas Hughes of the same Center, W. E.Shurgar III Manager, Juvenile Plan­ning, Arkansas Commission on Crimeand Law Enforcement; and Mel Hor­ton Associate Dean, School of Busi­ness Administration, Southern Metho­dist University at Dallas.

The success of the college is indi­cated by the fact that in prior yearsArkansas has had only one repre­sentative attending the NationalCouncil of Juvenile JUdges, and thisyear, following attendance at the col­lege, forty county judges and juvenilecourt referees have indicated that theywill attend the conference which willbe held in Milwaukee, Wisconsin dur­ing the second week in JUly.

Present plans call for a second ses­sion of the college to be held nextyear.

Juvenile Court Judges' ManualLong considered one of the finest

juvenile courts in the South, thePulaski County Juvenile Court,headed by judge Mary Burt Nash hasapplied for and received approval of agrant Irom the Crime and Law En­lorcement Commission to cover theexpenses of preparing and publishinga manual for the guidance of JuvenileCourt Judges. Judge Nash is projectDirector, and it is anticipated that re­search, drafting and editing will beundertaken by professors 01 the Uni­versity 01 Arkansas Law School at lit­tle Rock assisted by senior law stu­dents.

Judge Nash has long been a leaderin the lield of Juvenile Justice, and itis anticipated that this work will pro­vide a major contribution to the con­tinuing efforts 01 Arkansas JuvenileCourt JUdges to provide intelligentand sympathetic treatment 01 juve­niles who appear belore the courts 01this state. A

THE ARKANSAS LAWYER

fr·,J • ,Q

"Arkansas has done nothing topreserve, in permanent form, thenames and fame of her worthy sonsfrom oblivion."

- General Albert Pike

The Bench and the Bar in the Arkansas Ozarks have a tremendous history - themany lawyers, who combined to achieve this record, have for the most part gone un­sung .....

Perhaps, with this issue of The Arkansas Lawyer, interest in our legal heritage willbe reawakened .

To this end, we feel privileged to join in this salute to the four living past-presidentsof the Arkansas Bar Association in our area and to the History of Law in the Arkan­sas Ozarks .....

Conway County Bar Association

Sebastian County Bar Association

Baxter-Marion County Bar Association

Washington County Bar Association

Benton County Bar Association

Garland County Bar

JULY. 1972 PAGE 131

Democratization - Code Of ProfessionalClient's Security Fund - Law

Lawyer Referral Ser

These headlines - all - were part of Bar Year1969-70 under the able administration of ArkansasBar Association President Robert L. Jones, Jr. of FortSmith. It is interesting to note that many of hisprograms have come to fruition, and that others are"in the mill" - - - - the best way to point up his tremen­dous effort is to review Mr. Jones' PRESIDENT'SREPORT in the Arkansas Law Review, Volume 24, Fall1970, Number 3, at pages 391-398. A few extractstherefrom are particularly pertinent here - - - - - -

ROBERT L. JONES, JR.President 1969-70

DEMOCRATIZATION - DISCIPLINARY ENFORCEMENT"One of the objectives of those who drafted the Constitution and By-Laws of the proposed Unified

Bar, was to make the operation of the affairs of the Bar more democratic. Following the defeat of theUnified Bar proposal, I appointed a committee under the chairmanship of Winslow Drummond to studyand make suggestions for a possible revision of the Constitution and By-laws of the Association with aview toward making them more democratic. This committee will probably have some recommendationsto submit to you at the Annual Meeting next year. I have also appointed a committee under the chair­manship of our immediate past president, Gaston Williamson, to make a study of ways in which we canimprove disciplinary enforcement within the profession. This was another objective of the Unified Barand the problem must now be solved within the existing framework. I do not wish to pre-empt the workof that committee but it is anticipated that a recommendation will be made to the Association topetition the Supreme Court to increase the Bar dues, which we pay to the Supreme Court (now $2.00per year) in an amount sufficient to finance a full time counsel for the Supreme Court Committee onProfessional Conduct, formerly known as the Bar Rules Committee."

CLIENT SECURITY FUND"Another project which will be considered by this committee is the establishment of a Client Security

Fund, which would reimburse a client who has suffered loss because of the dishonesty of a lawyer orhis misuse of a client's funds. At almost every Bar Association meeting which I have attended duringthe past year, the subject of public relations and the 'public image' of the Bar has been discussed.Some associations have budgeted large sums of money for a public relations program. I submit that thebest public relations program we can undertake is to establish and maintain efficient machinery todiscipline those few members of the profession who transgress against the Canons of Ethics and putour money where our mouth is by establishing a Client Security Fund to reimburse a client who mayhave lost money because of the dishonesty of a lawyer."

PAGE 132 THE ARKANSAS LAWYER

Responsibility - Disciplinary EnforcementStudent Division - Correctionsvice - Legal Internship

CORRECTIONS"The spotlight has been on the prison system in Arkansas this year. • • • • I have spotlighted this

problem, not with a view toward recommending any specific action by the Arkansas Bar Associationbut for the purpose of lifting up to you a problem of vital concern to the citizens of our State. It is aproblem in which lawyers, being a part of the system for the administration of criminal justice, have avital concern. Since most serious crimes are committed by 'alumni' of our penal institutions, in whatbetter way can we reduce crime than to try to change the lives of first offenders before they becomesecond and third term inmates."

LAWYER REFERRAL SERVICE"The well-to-do people and business men have adequate legal representation by private law offices

and we are generating considerable legal services for the indigent through Legal Aid programs butwhat about the silent majority? There are many persons who have need for legal services but who donot see an attorney for fear that the expense would be more than they could afford or they do not knowan attorney and hesitate to pick one from the yellow pages of the telephone directory. The bestavailable solution for this problem is the Lawyer Referral Service. Under this program the client isassured in advance that he will be charged no more than a pre-determined amount (usually $10.00) fora 30 minute consultation with an attorney. During the initial conference the need for legal services canbe determined, as well as the expense involved. Local bar associations which do not have a LawyerReferral Service, should consider establishing one. The better qualified lawyers may not be interestedin this program on an economic basis but they will participate if they are sold on the public relationsvalue of the program to the profession."

WI! Arl! Happy For This Opportunity To Rl!cognizl! Bob Jonl!s For

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by Professor Robert Brockmann<

of the University of Arkansas Schoolof Law since 1946. Dean Barnhart hasserved as the dean of the Law Schaalsince this time, however, earlier thisyear he announced that he would re­tire from the deanship in September ofthis year. A search committee is pre­sently considering the matter 01 a suc­cessor to Dean Barnhart but as of thiswriting nobody had been chosen.

In the beginning the law school washoused in the basement of UniversityHall, better known as "old main." Inthe middle 1930's the chemistrydepartment vacated it's old buildingnearby and moved to new quarters.This building was inherited by the lawschool and the university main­tenance department spent sometimein remodeling and allegediy deodo­rizing the place. While most graduateswould not concern themselves toomuch about the remodeling part of theprocess there are those that will cer­tainly attest to the dismal failure of thedeodorizing process. It was here thatthe first of the large enrollments at thelaw school were housed. The veteransof World War II which constituted thefirst real "run" on the law school.Through the efforts and contributionsof the organized bar and others thelaw school finally obtained it's ownbuilding which was completed anddedicated to the memory of Dean Ju­lian S. Waterman on November 7,1953. At this time there was no hint orindication of the great interest thatwould be evidenced in the study oflaw in the late 1960's and early 1970's.Consequently, it was felt that thebuilding would be adequate for yearsto come.

Law school enrollment has variedover the years. From a low of four ithas now increased to apprOXimately475. The building that was designedfor 250 students has been stretched toits outer limits. Consequently plansare now under way for an addition toWaterman Hall that will more ade­quately take care of the current enroll­ment and perhaps some increase.

For years the Law School prided it·self on being able to admit every qual­ified applicant that knocked at it'sdoors. The very first requirement wasa year of undergraduate stUdy. Thishas been expanded to where, curren­tly, an undergraduate degree and thetaking of the Law School AdmissionTest are prerequisites for admission.

Fifty years will soon have elapsedsince that first class entered the lawschool here at Fayetteville and despitethe fears and apprehensions of some,one has the feeling that fifty yearsfrom now there will be another be·ginning class here at the University ofArkansas Law School at Fayetteville.

1

LEFLAR

BARNHART

I'

•I

I

many will remember for his later ca­reer as United States Senator andCongressman from the state of Flori­da. Upon the death of Dean WatermanEdward B. Meriwether, better knownto legions of Arkansas law students as"Judge" became the acting dean forapprOXimately a year. Following this,Robert A. Leflar was appointed deanof the Law School and served in thiscapacity with an interruption to servean appointive term as a Justice of theArkansas Supreme Court, until 1954.Dr. Leflar at this point resigned andwas succeeded by Joe E. Covingtonwho had served as the acting presi­dent of the University. Dean Cov­ington who was an Arkansas nativeand a graduate of her school systemwas dean until 1958. He moved on toMissouri and served as the dean ofthe University of Missouri Law Schoolat Columbia for a period, havingresigned in recent years. Dean Cov·ington was succeeded by Ralph C.Barnhart who had been on the faculty

No discussion of law and northwestArkansas would be complete withoutat least some reference to the "fac­tory" that has and is still turning outthe greater number of the practicinglawyers in the state as well as agoodly number of jUdges, legislatorsand members of Congress.

COVINGTON

There were sporadic attempts bothat Fayetteville and Little Rock to es­tablish a School of Law prior to theyear 1924. In that year President JohnC. Futrall of the University of Arkan­sas arranged for the establishment ofa Law School at Fayetteville. The manwhom President Futrall selected tohead up the law school and be itsfirst dean was Julian S. Waterman, theson of pioneer settlers of Dumas, Ar­kansas. Dean Waterman was destinedto lead the law school from it's found­ing until his untimely death in 1943.The initial facu Ity of the Law Schoolconsisted of two people, Dean Water­man and Claude D. Pepper whom

WATERMAN

PAGE 134 THE ARKANSAS LAWYER

SO YOU'RE GOINGTO BE AWITNESSt

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A Public Service of yourLOCAL BAR ASSOCIATION

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The Public Information Committee of the Arkansas Bar Association is particularly pleased to offer these twonew pamphlets to the MEMBERSHIP, as they are time-savers for the practicing attorney. The pamphlets aredesigned primarily as office aids - but can be used as "public service" handouts. The pamphlets areavailable at the Bar Center for $5.00 per lOa, plus postage.

JULY,1972 PAGE 135

Admissions CeremonyApril

Arkansas Supreme Court17, 1972

"I do solemnly swear:I will support the Constitution of the United States and the Constitution of the State of Arkansas;I will maintain the respect due to Courts of Justice and jUdicial officers;I will not counselor maintain any suit or proceeding which shall appear to me to be unjust, nor any defense ex­

cept such as I believe to be honestly debatable under the law of the land.I will employ for the purpose of maintaining the causes confided to me such means only as are consistent with

truth and honor; and will never seek to mislead the jUdge or jury by any artifice or false statement of fact or law;I will maintain the confidence and preserve inviolate the secrets of my client, and will accept no compensation

in connection with his business except from him or with his knowledge and approval;I will abstain from all offensive personality, and advance no fact prejudicial to the honor or reputation of a party

or witness, unless required by the justice of the cause with which I am charged;I will never reject, for any consideration personal to myself, the cause of the defenseless or oppressed, or delay

any man's cause for lucre or malice. So help me God."

Arkansas Supreme Court Bar Dignitaries

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PAGE 136

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PAGE 137

In JJ1tmoriamHARRY II. COLAY

1909 • 1972Harry B. Colay of Magnolia died on

March 30. at the age of 62 years.Mr. Colay was born in Conway

County, graduated from the Universityof Arkansas in 1932. and was licensedto practice law in 1935. He lived inMagnolia at all times thereafter.

Mr. Coley served eleven terms as amember of the Arkansas Legislature,and at one time was President of theNational Society of State Legislators.

He was a Baptist and 8 Mason. He issurvived by a daughter, a sister, andtwo grandchildren.

HICKS EPTON1907 • 1972

Mr. Epton was a native of Nashville.Ark. and received his law degree in1932 from the University of OklahomaLaw School. He was internationallyknown for his work toward improve­ment of the American judicial systemand for his dedication to justice underthe law. He was Inducted into theOklahoma Hall of Fame In 1967 andwas President of the AmericanCollege of Trial Lawyers in 1971.Before his death, he had just receivedUniversity of Oklahoma's highesthonor. the distinguished servicecitation. He was President of the Okla­homa Bar Association in 1953 andPresident of the Oklahoma BarFoundation from 1953·1958. He wasChairman of the Board of Bar Ad­missions for four years and member ofthe National Conference of Com­missioners for Uniform State Lawsfrom 1945-1959. He was a Fellow andRegent of the American College ofTrial Lawyers from 1961-1967 and aFellow of the American Bar Founda­tion. Survivors include his widow, Mrs.Thelma Epton, a son, two daughters,two brothers, three sisters and fivegrandchildren.

BYRON GOODSON 1893 • 1972Judge Byron Goodson of DeQueen

died on Feb. 21, 1972. He was ad­mitted to the Arkansas Bar in 1926,and served as Prosecuting Attorney ofthe 9th Judicial District for six years,and then served eight yaars in theArkansas General Assembly asRepresentative and Senator. At thetime of his death, he was municipaljudge of DeQueen.

PAGE 138

Judge Goodson was a Methodist.He is survived by his wife, one son,one daughter, and five grandchildren.

C. Q. KELLEY1882 • 1972

Charles Q. Kelley passed away onFeb. 21, 1972 and was buried at theNational Cametery in Little Rock. Hewas born in Tiptonville, Tenn. in 1892and moved to Arkansas at an earlyage, was a graduate of the Universityof Akansas Law School, and a prac­ticing lawyer for more than forty years.

Mr. Kalley served in the 87th Divi­sion in W.W.I, and was a CharterMember of the American Legion inArkansas. In 1933-34, he was StateCommander of the American Legionin Arkansas.

He was a Methodist and a Mason.He had no Immediate family.

G. W. LOOKADOO1905 - 1972

General W. Lookadoo passed awayon March 21, and was burled In Arka­delphia. He was born in Amity inClark County, and graduatad fromState Collega of Arkansas and Arkan­sas Law School. He was a lawyer forover 40 years.

In 1939, he was a member of theArkansas Legislature; in 1941-47, hewas President pro-tern of the Arkan­sas Senate; in 1951-54, he was Prose­cuting Attorney of the 8th Judicial Cir·cuit; and in 1956 he was MunicipalJudge of Arkadelphia.

Mr. Lookadoo was the first Presi­dent of the Arkadelphia Lions Club,and was also a director in the ElkhornBank & Trust Co,

He was a Mason and a Methodist;and is survived by a son, 2 grand­children, 2 sisters and 1 brother.

JUDGE ROY MULLEN1896 • 1972

Judga Roy Mullen, Municipal Judgeof Walnut Ridge, passed away onApril 18, at the age of 75 years.

He was born in Strawberry, Law­rence County, In 1896, and served inthe Navy in W.W.1. After the war, hestudied law, was licensed to practice,moved to Walnut Ridge, and was alawyer there for nearly fifty years.

Judge Mullen was a charter mem­ber of the American Legion, and ser-

ved as Post Adjutant for 25 years; alsofor 30 years he was U.S. GovernmentAppeals Agent. He was a Baptist; andis survived by his wife, 2 sons, 3 bro­thers, 2 sisters, 10 grand-children, and5 graat grandchildren.

JUDGE DUVAL L. PURKINS1891 • 1972

Judge Duval L. Purkins diad in LakeVillage on Feb. 20, 1972. He was bornin Hampstaad County, graduated fromHendrix College, and was a Veteran ofWWI.

Judge Purkins was admitted to theArkansas Bar in 1919, and practicedin Hope, Litlle Rock, Warren and LakeVillage. During his long life, he wasSecretary to Gov. Futrell, a member ofthe Arkansas General Assembly andCircuit Judge: thus serving the StateIn all the three departments ofExecutive, Legislative and Judicial;and was also a member of the Arkan­sas Statute Revision Commission.

Judge Purkins was a Methodist, aRotarian, and a Charter member of theAmerican Legion in Arkansas. Also, atvarious times he was a member of theBoard of Hendrix College, the Univer­sity of Arkansas at Monticello, andState College of Arkansas at Conway.

He is survived by his Wife, onedaughter, two grandsons, and foursisters.

JAMES ROBERTSON1891 • 1972

Hon. James Robertson of Wynnadied on Feb. 28, 1972 at the age of 80years. His family was one of the dis­tinguished families of Eastern Arkan­sas; his father, E.D. Robertson, wasthe f"st Chancellor of the EasternArkansas Chancery district; and hisgrandfather, James Robertson, was amember of the Arkansas General As­sembly.

James Robertson, himself, was anaviator in WW.I. He attended Arkan­sas College at Batesville, the Univer­sity of Arkansas, and Cumberland LawSchool. He was admitted to the Arkan­sas Bar In 1915; and in addition to hisextensive law practice, he was also in­terested In many activities for theState of Arkansas.

He is survived by his wife, one son,one daughter, and three grand­children.

THE ARKANSAS LAWYER

LIi4DERSHIRA founder of the Arkansas Bar Foundation.A commissioner of the Arkansas Gas andOil Commission.A past president of the Arkansas BarAssociation.

The President of our Association.Heartsill Ragon.

United SavingsAssociationSixth at North A Street - Central Mall - Fort Smith, Arkansas

Member Federal Savings And Loan Insurance Corporation

JULY, 1972 PAGE 139

"HUMAN POLLUTION"

The Corrections Problem

Richard J. Hughes

(Text of his address to the 74th Annual Meeting of the Arkansas Bar Association,June 1, 1972).

(Editor's Comment: • Assistent U.S.Attorney 'or six years, Judge(County, Superior and Appellate) forsome 10 years, New Jersey's Gover­nor for 8 years and private practi­tioner, former Governor Richard J.Hughes is now Chairman of the ABACommission on Correctional Facili­ties and Services. He received astanding ovation at the conclusion ofhis address. In separate news inter·views, Governor Hughes praised Ark­ansas Governor Dale Bumpers andCorrections Commissioner TerrellDon Hutto, along with Tucker Super­intendent Bob Britton and CumminsSuperintendent Art Lockhart, for thelocal prison improvements and "thespirit of hope on the part of the ad­ministrators." The Arkansas BarAssociation also has 8 new Commit­tee on Corrections, under the Chair·manship 01 Jack Lavey.)

The kindly welcome you have givenme bears out the prophecy in HenryWoods' recent letter to me in which hesaid, "I think you are going to likeArkansas." I do indeed, and am mostgrateful for this invitation to meet withfellow members of a great profession,to discuss a significant Americanproblem.

"Picture of Dismal Failure"More years ago than I like to think

about, I tried federal cases preparedby Henry Woods, when he was a Spe­cial Agent in the FBI and I was anAssistant United States Attorney inNew Jersey. He has been kind enoughto refer to me as a good trial lawyer. Idon't admit that particularly, but I tellyou for fact that Henry was an excel­lent Agent, fair, thorough and meti-

PAGE 140

culous in the evidence he marshalledfor the prosecution. It seems quitecoincidental that after these manyyears have passed by, our paths havecrossed again, and we find ourselvestogether on another prosecution team.It is a different case from those weused to try, but a very important one.For we indict before the bar of Ameri­can public opinion, a correctional sys·tem which has fallen so low as to bedescribed by President Nixon as pre­senting a "picture of dismal failure."

Arkansas InvolvementSo I have come to you to talk about

some urgent American business, and Ilike Arkansas the better because Isense in you Arkansas lawyers a will­ingness to be involved in the further­ing of that business. I know that yourdistinguished lawyer-Governor, DaleBumpers, is committed to correctionalreform, and I discussed that with himeven before he was sworn into office.I know that your Association has crea­ted, as we want every state bar toestablish, a special Committee onCorrections, and that already it hasexamined, as I did yesterday, theCummins Farm Unit of the Arkansaspenai system. I know, for PresidentYoung has assured me, that yourAssociation and its Corrections Com­mittee will be in the forefront in seek­ing excellence instead of failure in theway corrections henceforth will behandled in Arkansas.

Let me mention very briefly thestrange path which brought me to bea preacher for correctional reform, inevery part of this country where I canget people to listen to me. I do this notfor idle reminiscence, like an old ac­tress reviewing her faded press clip­pings, but to illustrate from my ownexperiences how we in America havetrod a road, not of bad intent or non-

feasance, but of human error, and arenow realizing, almost too late, thefrightening results of neglecting ourcorrectional system. When I was onlyseven years old, my father was ap­pointed Warden of the New JerseyState Prison. We lived across thestreet and as a child I knew the odors,the clanging doors, the hopelessnessand frustration, - and not much haschanged since. My father was a kindand humane and progressive man, andwas roundly criticized when he trans­ferred psychotic prisoners from thedungeons to the state mental hospital.Then as now, people didn't care muchwhat happened to prisoners, or whatwould happen on their re-entry intosociety. Then I grew up and as a law­yer defended criminals and was in andout of county jails all the time. Thenwhile working for the Department ofJustice, my official duty took me inand out of many federal institutions.Later I was a Judge for ten years andunder the progressive Chief JusticeArthur Vanderbilt, I was encouragedto visit prisons and reformatories towhich I would be sentencing fellowhuman beings. So you see, I knewquite much about prisons by the time Iretired from the bench to practice law,only to be elected, very unexpectedly,to be Governor of New Jersey. withmore constitutional executive powerthan any other American Governorpossesses.

Governor of New JerseyBut in those eight years of mine as

Governor, what was I able to do aboutcorrections? - Almost nothing! Myadministration established a networkof community colleges, changedaround our whole system of highereducation, inaugurated medicaleducation in New Jersey, built new

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

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sickening violence - the raping ofchildren in prison vans on their way tocourt - the murder of a 17-year-oldrunaway held overnight in a Floridajail with older brutal prisoners - canthere be even a reasonable doubt, anymore than when the prisoners' bodieswere unearthed in Arkansas?

Of course no state can be a Phari­see, proclaiming itself "not like therest of men." If New York has an At­tica, other states have reformatories towhich I, as a JUdge, would hesitatetoday to commit any juvenile. If one

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BreakdownWe Americans like to think, when

we look upon our country, of the goodthings - the nobility of its begin­nings, of its pioneer spirit, of itsgenerosity, its courage, its strength,its inherent goodness - but goodlawyers look at both sides. Standingback a little and looking at ourselveshonestly, we see a strange sicknessupon the land - the pollution of na­ture, the poverty of city ghetto andrural wasteland, the black lung dis­ease and the rats, the discriminationand hatred, the drug culture, thegrowing disrespect for law, the crimeand violence, a cancerous malaisethat has confused and surprised usall. We attribute all this to variouscauses - the tragedy of Vietnam, thedecay of our cities, the permissive so­ciety, the prosperity in which ourchildren have grown up - I cannotchallenge this confused philosophy,but I also identify our correctionalbreakdown as a chief culprit. Whosays so - and is there in fact a cor­rectional breakdown? We are lawyers- let's look at the evidence.

hospitals and institutions, ac­complished some other reforms, butcorrectional reform? - No, becauseof low priority and lack of resources. Imention this continuity, not as a per­sonal defense, but to illustrate theevolution of a cycle, - that the timehas now come when, given able advo­cacy, the priorities can be rearrangedand the resources can be marshaled- that the Governor Bumperses ofour country and presumably decentlegislators can straighten out correc­tions with the support of the public.

But this can only happen if a strongadvocate explains and pleads thecase. That is why, my governorshipended and looking forward to somequiet sabbatical years, I took on themission implied in the chairmanshipof the American Bar Association Com­mission, embracing the most impor­tant case I ever pleaded. And that iswhy I ask you Arkansas lawyers, withthe influence of your traditions, ­devoted to the administration of jus­tice, - to align your credibility - thestrength of your presence, on the sideof correctional reform. But before Iask you to be advocates of this cause,let's look at our case - as all goodlawyers do before going into court!

ViolenceWhen one sees the tip of the ice­

berg - the tragedies of Attica andSan Quentin, the explosion of NewYork's Tombs Prison and Pennsyl­vania's Holmesburg in bloody and

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JULY,1972 PAGE 141

.... j .

Continued from page 141

trators, yet clings to a simplistic rigid­ity preventing parole considerationuntil service of two-thirds of a maxi­mum sentence. To recapitulate thedangerous errors of our handling ofcorrections in this country would takea very long time indeed, and it wouldbe a futile exercise.

ReformI could tell you of two recent Attor­

neys General of the United States,Ramsey Clark and John Mitchell, whoagreed (and they never agreed onmuch else) that the most immediatepossible attack on crime was improve­ment of our correctional system. Whatdid they mean? In Delaware, a pro­gressive Governor encourages workrelease programs involving one-fifthof the State Prison inmates, - result- a 20 per cent recidivism rate ascompared with a 60 per cent generalrecidivism average. In Illinois, a bril­liant Corrections Commissioner, PaterBensinger, incidentally a member ofour Commission, brought aboutenactment of a reform correctionalcode that will place his state in thevery vanguard of intelligent correc­tions. These examples of hope areendless - the Pennsylvania furlough

system, the D.C. diversionary program"Crossroads," our New Jersey Gover­nor's emphasis on correctional reformas a priority in his recent legislativemessage.

There is hope - there is movement,- and much of it inspired by an insis­tent advocate of correctional reform,Chief Justice Burger, who once said:

"When a sheriff or a marshal takesa man from a court house in a prisonvan and transports him to confine­ment *** that is our act. We havetolled the bell for him, And whetherwe like it or not we have made him ourcollective responsibility. We are freeto do something about him; he is not."

"Human Pollution"Lawyers at least should have no

difficulty in understanding that thebell which the Chief Justice describesas tolling for the prisoner, tolls alsofor us. Since we do not execute mostof these prisoners, it is inevitable thatsome day, after two or six or ten years,they will be coming back to us, de­graded, brutalized, embittered,uneducated, unfit to join the main­stream other than to do it hurt and vio­lence. This then is the issue at trial.On one side is an imbedded publicapathy which has encouraged theslow breakdown of our corrections

system and counted out with falseeconomy the dollars needed for ade­quate probation and parole services,community programs and many otherimprovements seen in corrections sys­tems elsewhere in the world. On theother side, poised against this apathy,must be the efforts of concerned citi­zens, particularly lawyers, who mustattempt to overcome it and to bringunder control, as we are attemptingbelatedly to do with air and waterpollution, the "human pollution"which we breed in our so-called cor­rectional institutions. It was to jointhis issue that the American Bar Asso­ciation established its Commission onCorrections, with an interdisciplinarymembership and a staff of excellentprofessionals at our offices inWashington. We work with a grantfrom the Ford Foundation and othergrants from the federal governmentand we have met several times withChief justice Burger, who has ex­tended constant encouragement toour efforts.

ProgramsWe began our work by deciding

against a study of the problems of cor­rections, for this subject has been stu­died to death already. Rather, wedevoted ourselves to action and have

The Garland County Bar Associationwelcomes this opportunity to honorone of its most respected andeminent members .....

• Past-PresidentArkansas Bar Association

• Past-PresidentArkansas Enterprises for Blind, Inc.

• Past-PresidentHot Springs Rotary Club

• Past-Chairman, Executive CommitteeArkansas Bar Association

• Special Chief Justice andSpecial Associate JusticeArkansas Supreme Court

PAGE 142

Eugene A. Matthews

• Past-PresidentHot Springs YMCA

• Many Other Civic, Fraternal,Religious Commitments andHonors

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already embarked on our first under­takings.

A National Parole Aide Program isrecruiting lawyers in several states towork as volunteer parole case­workers. We are associated, to ourgood fortune, with the brilliant leader­ship of the Young Lawyers Section ofthe American Bar Association in thiseffort. The immediate goal of this one­to-one supervision, of course, is tohelp alleviate the heavy case burdenon parole officers in most jurisdic­tions. As useful as this work will be tothe parolee and to society, it will be asenriching to the social consciousnessof the lawyer who will be seeing aside of life which he, in the main,never realized was there.

In association with the AmericanCorrection Association, the UnitedStates Chamber of Commerce, theAFL-CIO and others, our Commissionhas a Project to Remove Offender Em­ployment Restrictions, trying to inven­tory and get rid of these ancient andmostly unnecessary restrictions. If weexpect to bring the ex-offender, afterrehabilitation, into the mainstream ofuseful work, we must not forbid himopportunity at the very outset.

Another program in which we areworking with the American CorrectionAssociation and the American Asso­ciation of Junior Colleges, involves ajunior college attainment project forline correctional officers, to furtherprofessionalize these correctionalpersonnel who come in such closedaily contact with prisoners, and havemuch to do with their eventual des­tiny.

We are working on a program forstatewide inspection to bring aboutimproved conditions and standards inall correctional institutions, includinga program in which we will hopefullybe working with the American MedicalAssociation or the National Institute ofPublic Health in improving medicalcare in institutions, non-existent ordeficient in many parts of the country.

One project which is most excitingto our Commission involves the pre­trial diversion of early offenders, inwhich we are working with the Na­tional District Attorneys Association.This project wou Id identify young of­fenders early in their criminal careerand temporarily suspend prosecutionwhile the offender receives counsel­ing, education and manpower ser­vices. if he responds favorably,prosecution will be dropped, and wewill have saved one more Americanfrom entering the destructive cycle ofcriminal imprisonment. The Board ofGovernors of the Pennsylvania BarAssocation recently approved such aprogram for deferred disposition and

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

Related ActivityIn addition to the programs in which

our Commission is immediately con­cerned, we have sought on severaloccasions to support programs con­ceived or principally sponsored byothers, such as by urging the conceptof an accreditation system for correc­tions as an appropriate goal for im­provement, support of the effort of theAmerican Correction Association toexpand its mission to encompass thefield of juvenile corrections, the im­portance of which is self-evident.

We have many other programs inthe making, including our interestwith the National Association ofCounties in stimulating the concept ofregional jails and correctional cen­ters, the encouragement of prisonvisitation on the part of local bar asso­ciations and their members, thereduction of offender functional illi­teracy, the providing of legal servicesto offenders to remove many outsidecivil problems such as impendingwaywardness of a child, the victimiz­ing of a wife by some type of con­sumer or other type fraud, and thelike. Our purpose here, of course, is toclear the way for the prisoner's sin-

gle-minded effort to assist in his ownrehabilitation, to the benefit of societyas a whole.

Society's StakeAs I have said, society has a clear

and present stake in the improvementof corrections, for the returned andunrehabilitated prisoner is a danger­ous one, and there is no place inAmerica that is not endangered by theex-offender who comes back to so­ciety worse than he was before.

I hope that all in our profession willjoin in this fight for correctional re­form, and help reverse the trendwhich has brought us to this sorrypass. Governor Dale Bumpers statedin another context at your Januarymeeting something that might well beapplied to our corrections system inAmerica:

"For a nation as rich as America, asabundant In resources, as rich in thedemocratic heritage, so dedicated tothe worth of the individual, this is aterrible indictment of our society."

Thus we see the case we have toprosecute, and can envision that if wefight hard and avoid discouragementwe can win this case. Can we doubtthat in doing so we will contributevery much to the interest of our be­loved country, perhaps have some­thing to do with its salvation? ...

JULY, 1972 PAGE 143

-The President's Address

Heartsill Ragon

a few pertinent ex tracts

(The complete text is published in Arkansas Law Review,Volume 16, 1961-62, at pages 353-355.)

PRESIDENT1961-62

"THE ARKANSAS LAWYER""I think that I am quite safe in stating that there is another upon whom they will all agree_surpasses

the efforts of us all. There is among us the member who will, upon the slightest suggestion or a call forassistance, postpone a heavy legal calendar, and defer his own private practice. It is to him that weshould pay the greatest tribute today and to whom we are the most indebted. This person, of course, isthe average Arkansas Lawyer who is proud of his profession and considers it a privilege to assist inelevating its standing."

A STRONG BAR"In any endeavor to advance any profession, there are those inclined to evaluate it on the basis of,

'What's in it for me?' Those of us who have hit the trail have on occasion been confronted with such aquestion. This is a human, natural question for one to ask. Upon reflection and explanation the answeris obvious. A strong Bar is a good Bar. A strong Bar is a prosperous Bar.

"Many years ago the Sebastian County Bar Association indulged in personalities rather than in en­deavors to uplift the profession. It disintegrated, its members fell into disassociated groups whichcared only for the immediate personal benefits to be derived. This worldly viewpoint ultimately broughton self-disgust to the point that an attempt at revitalization was undertaken. The effort was so suc­cessful that in 1959 the Association won the American Bar Association Award of Merit as the out­standing Association of its size in the United States. I am before you today as a result of the efforts andachievements of that Association. Any of its members can give you the concrete answer to thequestion, 'What's in it for me?' He can tell you the real and lasting satisfaction attained by serving theprofession and the public. He can tell you of the increased respect accorded him by his fellow citizens.He can tell you of direct material improvements in his financial status. The overall results are self­respect, public esteem and professional success."

PRIDE OF PROFESSION"Through the auspices of the Arkansas Bar Association we should instill into each practitioner in this

state a pride of his profession that will warrant a deeper respect by the general public."It is true that the law profession should not be undertaken by those who do not worship it and who

are not willing to sacrifice_ To this great and beautiful profession we have never before been requestedto make a monetary contribution, even though it has fed us, nurtured us, and clothed and educated ourchildren. The Arkansas Bar Foundation soliciation has been the only recognition ever asked by thisgracious mistress. Without even mentioning the tangible benefits, upon reflection, how can anyone ofus ask sincerely, 'What's in it for me?'"Our Association is fast coming of age and with that attainment it is realizing that with maturity there

are also responsibilities."

PAGE 144 THE ARKANSAS LAW'

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

Arkansas Bar Foundation

Meeting Of January 22, 1959

"The organizational meeting of the Arkansas SarFoundation was held in the offices of the ArkansasSar Association, 817-19 Pyramid Life Suilding, LittleRock, Arkansas, on January 22, 1959, pursuant tonotice to all members of the Foundation."

Hearfsill Ragon was elected director at thisorganizational meeting, and served for 2 1/2 yearswithout missing a meeting of the Board of Directors.

In the Minutes of the Special Meeting of the Soard on April 22, 1960, it is noted that "The Prospectuson the Arkansas Sar Foundation, prepared by Heartsill Ragon, was discussed and warmly received." InNovember 1960, the Foundation took title to the Rose Suilding for the new Sar Center. In May 1961, thecampaign to raise $300,000 for capital funds was "kicked off".

In his President's Address, Heartsill Ragon pointed out:

CAPITAL FUNDS DRIVE"To single out any activity of the Arkansas Sar Association as outstanding above the rest is most dif­

ficult. I shall, however, refer to one. It should be a point of pride to the membership that the ArkansasSar Foundation drive for funds has met with phenomenal success. 626 lawyers have pledged anaverage of $400.55 apiece. In fairness to the 66 per cent who have not contributed, it should be notedthat this has been a personal contact drive and many persons have been missed tor various reasons.As of today $250,750.00 has been pledged. The original quota for the drive from the lawyers was$200,000.00. This has been over subscribe,' and in fairness to those who have not been given the op­portunity, by personal solicitation, to subscribe, the quota has been railed to $300,000.00. In addition, asolicitation will be made of the general public, but will not be undertaken until the lawyers of this Statehave demonstrated the proper respect to their profession."

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

Wll Arll Dillightild To Join In This Rlll!ognition Of Hllartsill

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HANNA OIL"Insurance Since 1889" MID-AMERICA

AND GAS COMPANY Fort Smith, Arkansas INDUSTRIES, INC.

JULY, 1972 PAGE 145

EXECUTIVE COMMITTEE

NOTES

By James M. MoodySecretary-Treasurer

In case you were wondering whyBob Ross had changed so much inphysical appearance, it is because hehas stepped down after three years ofoutstanding service as secretary­treasurer of the Association and leftme with the unenviable task of tryingto fill his shoes. I can only promisethat I will do my best to carryon thetradition which has prevailed in the of­fice.

The Executive Committee, at itsmeeting of May 12, 1972, voted todisband the Fair Trial-Free PressCommittee on the recommendation ofthe Chairman, Mr, William S. Arnold ofCrossett, because of the recentdecision of the Arkansas SupremeCourt denying the petition of theAssociation for new criminal rulesconcerning fair trial-free press. TheExecutive Committee referred theproposed rules to the Criminal LawSection for study and recom­mendations.

History of Law In The Ozarks

Continued from page 126

of Fort Smith; and John S. Little ofGreenwood.

One era overlaps the next. Someoutstanding lawyers in post Civil Wartimes such as Du Val and Fishbackreach into the period of that uniquecourt of first and last resort presidedover by Judge Isaac C. Parker from1875 to 1896.

History is never ending. Anyonewho attempts to write concerning itmust arbitrarily choose the times andplace and persons whose lives andcareers tend to cast some light on theconditions and influence the develop­ment of civilization. It cannot be said

PAGE 146

Members are reminded that thedeadline for submitting proposedlegislation to the Jurisprudence andLaw Reform Committee is July 31,1972. Any legislation which isproposed by the Association forenactment by the Arkansas GeneralAssembly should be received by theCommittee at that time.

Jack Lavey, Chairman of the Com­mittee on Corrections, reported ex­tensively on his plans for the scope ofhis Committee's activities and specificprojects which the Committee will un­dertake. These projects include draft­ing of new rules and regulations foruse by the Board of Pardon andParoles and by internal disciplinaryboards; redrafting the Inmate PrisonHandbook; development of an Om­bundsman Program; drafting oflegislation to remove civil disabilitiesof convicted felons to enhance theirrehabilitation; and to collect data fordissimination by lawyers interested inprison reform.

that Walker, Yell, Pike and Roystonare typical men or even typicallawyers (if there is such a thing), butthey are indicative of the heritage ofthe Western Arkansas Bar.

So with apologies to those not fairlyrecognized and to the outstanding ac­complishments of Western Arkansaslawyers of a later day, this article mustend.

NOTE: Much of the information in thisarticle has been gleaned from "Pic­torial History of Arkansas" by JohnHallum, a lawyer also living in thosetimes ....

The Executive Committee met for itsfinal session on May 31, 1972. Underthe new Constitution the name hasbeen changed to Executive Council.

The Committee discussed and ap­proved the award of merit entry for theAssociation. The award is made eachyear partially on the basis of theAssociation's principal activity andpartially on the basis of the Associa­tion's other achievements. The prin­cipal activity of the Association forthis entry is the Criminal StandardsWorkshop.

The Executive Committee voted itsexpression of gratitude to PresidentPaul Young, Executive CommitteeChairman James West, Secretary­Treasurer Robert Ross and ExecutiveDirector Colonel Ransick for their finework during the preceding year.

At the initial meeting of the Execu­tive Council on June 3, 1972,President Henry Woods announcedthe assignments of each Councilmanfor liaison with various committeesand sections of the Association, andthe appointment of Jack Deacon asChairman of the Past Presidents Com­mittee. There followed a discussion ofthe schedule for Association­sponsored legislation and of the ap­pointment of a liaison man for theAssociation with the ArkansasGeneral Assembly at the next regularsession. The individual selected willassume his duties on December 1,1972 and will be responsible for ob­taining sponsors for proposed legis­lation, working for the passage of billsand reporting on the status of legis­lation as well as making a final reporton tho~6 bills passed by the GeneralAssembly of interest to the Asso­ciation.

Association membership is at an alltime high with 1,579 members as ofMay 31, 1972 which does not ir}Cludelaw students...

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JULY. 1972 PAGE 147

HOUSE OF DELEGATESARKANSAS BAR ASSOCIATION

Inaugural Meeting June 2-3, 1972The Minutes of the Inaugural Meeting of the new House of Delegates, held in conjunction with the 74th Annual

Meeting of the Arkansas Bar Association at the Arlington Hotel, Hot Springs, Arkansas, May 31, June 1-3, 1972,will be reported in some detail in the September 1972 issue of The Arkansas Lawyer.

However, it is important to note at this time thaI the Delegates adopted two RESOLUTIONS, concerning "no­fault" insurance proposals, as follows:

RESOLUTION NO, 1

BE IT RESOLVED BY THE HOUSE OF DELEGATES OF THE ARKANSAS BAR ASSOCIATION:That the Association is opposed to any "no fault" insurance plan which deprives the public of the rights

guaranteed by the Constitution 01 the State of Arkansas.The Association would support an equitable and economically feasible plan which preserves those con·

stitutional rights and remedies guaranteed to the citizens of this State.The Association has worked and will continue to work for improvement of laws and procedures governing

automobile accident reparations and insurance and the ,;orrection of any defects which may exist in the Ad·ministration of the present tort liability system.

RESOLUTION NO.2BE 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 andspecifically opposes the Hart-Magnuson Bill now pending belore Congresa.

Report Of Automobile liabilityInsurance Committee

Arklllsas Bar AssociationMay, 1972

ALlC, since August, 1971, has con­centrated its attention exclusively tothe study of so-called "no·fault in­surance plans" (NFl). This con­centration has been at the direction ofthe Executive Committee of theAssociation, but even without thatdirection, and because of its publicsignificance, the Committee effortswould have been so directed. Besides,nothing new has developed in the lawpertaining to automobile liability in­surance during this time. Our studies,

PAGE 148

in the main, considered NFl from thestandpoint of:

1. What is NFl?

2. Whr' effect will it have on thepeople of Arkansas if enacted into lawin this State?

3. If such a proposal is desirable,which one of the several hundred NFlplans now on the American scenewould be the best plan for Arkansas?and

Chairman Bruce T. Bullion

4. Can such a proposal be constitu­tionally enacted by the GeneralAssembly of Arkansas?

THE ARKANSAS LAWYER

I.WHAT IS NFl?

NFl is a curious catch-phrase - thetype emanating from Madison Avenue- apparently designed to attractpublic attention but at the same timeconvey little meaning. The massiveadvertising programs espousing NFl,and the public utterances concerningits thought-ta-be virtues, tend to in­dicate that it is a brand new type of in­surance, but this is not the case at all.The only novel features that AUCfinds in any NFl proposal today is thatits promoters propose that it beprojected beyond the insurancefeature and (1) made a compulsory byall who wish to drive a vehicle, and (2)that it be a substitute for the present,and historical, system of effectingreparations to an automobile injuredperson on the basis of right andwrong.

Our studies of NFl establish that itis not a new type of insurance at all,rather it is now available to the in­surance buying public, and has beenso available for many years (perhaps acentury). Bared of its vaguenesscreated by its catch-phrase name, NFlis purely and simply a form of limitedaccident insurance, its coveragebeing limited to accidental injuriesresulting from motor vehicle ac­cidents. All of the occupants of acovered vehicle, plus pedestrians, areincluded in its coverage, and when in­jury results to anyone or more of thecovered persons, the insurer of thatvehicle will pay to him or them (1) thereasonable medical expenses up tothe specified limit of the plan, (2) apercentage of loss of income, asprovided in the plan, and (3) limitedfuneral costs, if death resu Its. Thenumerous NFl plans on the Americanscene today vary so greatly that itwould elongate this report beyond itsintended purpose to attempt to cap­sule the variations in their coverage.For instance, maximum medicalpayments range from $500 to $5,000,and percentage of compensable in­come loss (sometimes with, and some­times without, a waiting period) offrom 67 per cent to 90 per cent. Noplan that has come to our attentionprovides compensation for dis­figurement, loss of a body member orfunction, permanent disability, painand suffering, mental anQuish, etc.

As stated above, NFl is nothingmore than accident insurance, and itis available today to any person whowants to buy it. Therefore, NFl, likethe broader personal accident in­su rance coverage also available,provides compensation for injuriesreceived from its limited coverage

JULY, 1972

(motor vehicle accidents) regardlessof who is at fault. Obviously, thisfeature is the source of its advertisedphrase name, but it is important tobear in mind, always, that this "no­fault" feature has been the historicnature of all forms of accident in­surance regardless of whether theyprovide general or limited coverage.Personal accident insurance whichcovers the insured individual for in­juries regardless of where they occur(whether in the home, the front yard,the automobile, aboard ship, the of­fice, etc.) is "no-fault" insurance.Automobile collision insurance is "no­fault" insurance, as are many otherforms of insurance available tOday.The closest analogy which we candraw to NFl, aside from personal ac­cident insurance, is Workman's Com­pensation Insurance (WCC), althoughit should be clearly understood thatthere is a vast difference in bothcoverage and "fault" rights betweenthe two. For instance, the question of"fault" under our WCC law iseliminated oniy between the employerand employee, but remains as to allothers.

NFl, in and of itself, is good in­surance coverage and we can find nofault with its insurance features. It,like fire insurance on the home, or lifeinsurance on the family incomeproducer, is another means ofhedging against disastrous mishaps.If the insurance industry of Americawould continue to devote its time andattention to selling the Americanpublic on the virtues of this insurance,NFl would not have gained the publicattention, and debates, so prevalent inour land tOday. The problem. is,however, that the insurance industryhas not been so content and theypropose to make this a govern­mentally required purchase the effectof which will limit the automobile in­jured persons right of recovery. Theypropose to do this by (1) enactinglaws that will make it compulsory forevery vehicle operator to purchasethis insurance before he can operatea vehicle on the highways, and (2)substitute NFl compensation for thepresent right and wrong methodwhich this State adopted from thecommon law of England.

II.WHAT EFFECT

WILL NFl HAVE ONTHE PEOPLE OF ARKANSAS

IF ENACTED INTO LAWIN THIS STATE?

The activity of the insurance in­dustry last referred to is what bringsabout concern on the part of ALlC,

and while we recognize the financialboon to the insurance industry undera law requiring everyone to buy theirlimited insurance (and this boonmakes their enthusiasm most under­standable), it is our conclusion thatby proposing to substitute NFl for thepresent right-wrong method, that theythereby take away substantial rightsfrom the people for a mess ofporridge. This detraction of individualrights will be accomplished in an ap­parent, and a not so apparent, way ­a way that will have an immediate ef­fect and one that will have a longrange effect.

The immediate effect will be thatshould NFl become the law of Arkan­sas, as proposed by the insurance in­dustry, the automobile injured personwill receive less compensation underNFl than he would receive under thepresent right-wrong method. We grantthat the insurance industry coulddevise a limited accident insuranceplan that would pay the automobile in­jured person the same as, or evenmore than (NFl plans are limited oniyby the imagination of the drafter) thepresent right-wrong method of com­pensation, but as all of the planscoming to our attention so far provideless compensation, it would appearthat lesser compensation is aninherent feature of all NFl proposals.

1t is interesting to analyze themethods that the proponents of NFluse to try and convince the public thatNFl is a beneficial change in the law.This is accomplished by carefully wor­ded statements, and advertising, that"they think NFl will cost the insurancebuying public less money". We ob­serve on this sales pitch that it shouldcost less money for the injured partywill receive less compensation for theinjury. Generally speaking one getsjust about what he pays for. However,at this point there are no reliablestudies, or figures, which have cometo our attention to establish thisopined savings as a reality. In a some­what analogous matter, we would callattention to the fact that costestimates of medicare have proven tobe woefully inaccurate.

All kinds of figures are bandiedabout by both the proponents and op­ponents of NFl, and as best we candetermine at this time, neither sidehas sufficiently accurate informationto dispute the other. Consequently,we will refrain from getting into thisnumbers game except in one smallarea hereafter noted. We conclude thebest course is to bide our time untilaccurate and indisputable studies be­come available.

Continued on page 150

PAGE 149

Continued from page 149

The insurance industry appeal tothe public for support of NFl iscouched is phraseology "we want toreturn to you more of the insurancepremium dollar and we think this canbe done under NIF". It is their con·tention that by eliminating attorneyfees in those instances where an at­torney becomes involved that this isthe great source of savings they hopewill ensue. Some basic figures in thisarea will help understand better thisargument. At present the insurance in­dustry keeps .45c out of everypremium $1 for their costs and ex­penses. We have seen no proposal bythe insurance industry that NFl willreduce that fixed cost and it is likelythat cost will remain whether NFlbecomes law or not. This means thatwe are considering, in this hoped forsavings, the .55c of the premium $1which is not being returned to thepublic under the right-wrong system.Of that .55c, 67 per cent or .36S5c iscurrently being paid out for propertydamage claims (most NFl plans ex­clude property damage fromcoverage), which leaves .1815c ac­tually involved in this savingsargument. It also seems to be rea-

sonably admitted that approximately.1215c of this amount does notbecome involved in litigation matters(this portion being those cases wherethe insurance companies settle directwith the injured party), so we aretalking about .06c of the premiumdollar wherein these hoped for costsavings to the public might comefrom. We recognize, of course, thatthe insurance industry may advancethe thought that savings can be ef­fected from the entire .1815c becauseof the lesser benefits that will be paidthe injured party under NFl. At thispoint we conclude this savings salespitch is somewhat of a sheep inwolves clothing. There is not suf­ficient data available to indicate thatsavings will result in any event. To thecontrary, there is some evidence, andreason, to suspect that this insurancecost may actually increase rather thandecrease. Furthermore, in the eventNFl does eliminate the attorney fromthis insurance area, the public is leftwithout a watch-dog to assure thatthe insurance companies will paywhat they are supposed to pay. Someinsurance companies seem to tend todecide any disputed question onclaims in their favor.

We have found no indication, in thisadvertised money game, of any

proposal that the insurance com­panies, under NFl, propose to cutwages of employees, officers oragents, and this would seem to be im­probable. Nor do we visualize thatthese insurance companies can, orwill, dispose of any of their offices orother properties, or that they will beable to carryon their business withless personnel. Vague statements aresometimes made that the adjustingpersonnel of insurance companiesmight be reduced, but again thisseems unlikely. It is inconceivablethat NFl, if adopted in Arkansas,would reduce the number of auto­mobile claims because NFl does notreach the heart of the automobile ac­cident problem, or even touch on it ­the number and severity of such acci­dents. Therefore, it appears to be areasonable assumption that the claimsdepartment personnel will be sub­stantially as now, or in any event anyreduction would be so insignificant asto be de minimus. As stated before,however, at this stage of NFl, every­thing in the area is so speculativethat no firm conclusion can be drawnas to its cost, and one must rely on thedirection his imagination takes him.One important fact is a certainty,however, and that is that any andevery NFl proposal on the American

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PAGE 150

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THE ARKANSAS LAWYER

scene today is designed to take awayfrom and limit the rights of the indivi­duaL On the one hand the individualwill be governmentally compelled tobuy NFl insurance in order to enjoythe privilege of driving a motorvehicle, and on the other hand theautomobile injured individual willreceive less compensation under NFlthan is now the case under the right­wrong system.

Before passing from this sUb-topic,it is well to call attention to anotherfacet of NFl proposals, For somereason, most insurance companies donot propose NFl as a total substitutefor the right-wrong system, rather theypropose a hybrid combination of thetwo. So far, the jurisdictions that havedetermined to experiment with NFl(Massachusetts, Florida, Oregon,Connecticut, South Dakota andDelaware) have done so on this hybridmethod (except as hereafter noted),Their plans differ so widely it is con­ciuded that no useful purpose wouldbe served to review them at this time.We have copies of these plans andwill be happy to supply informationabout them upon request. The Massa­chusetts plan is the only one with anyage to it (it is now in its 2nd year) andour information on the cost to thepublic of that plan is too incomplete.

For instance, we have information thatafter the first year of experience underthat plan the 81 premiums werereduced $43 (from $117 to $74). We donot know if this reduction resultedfrom experience under the NFl planonly, or combined with the additionalliability insurance coverage which webelieve operators in that State alsopurchase. The present deceptiveness,or confusion, in this numbers game isdemonstrated by the fact that the totalcost of an automobile insurancepolicy in Massachusetts and underNFl, with all standard coverages (BI,PO, MP, UM, COMP., CoiL) increasedfrom $496 to $555 at the same timethat State reported the BI rate reduc­tion quoted above. Southern Farmwrites this same insurance policy inArkansas at this time for $156. TheNFl limits in Massachusetts arerelatively small and in evenmoderately injured instances it seemshighly likely that the additionalliability insurance would become in­volved. We shall continue to try andcollect figures in this area for this ap­pears to be the key to public interest.At the present time we are not awareof the existence of any proposed NFlplan in Arkansas. At least three dif­ferent insurance company groups areknown to be working on their parti-

cular proposal and we believe thesemay become known on or about June26th.

The visualized long range effect ofNFl is that which governmentalregulation, regimentation and pater­nalism has upon individual initiativeand industry. History indicates thatsuch erosionary processes eventuallyeffect a change in the individual per­spective of government and its truefunction. People seem to get to thepoint that they expect the governmentto do all manner of things for them.There is now much evidence of thisin our social order today. Everyone,including the members of ALlC, wouldlike to experience less costs for all ofthe necessities and luxuries of ouropulent society, but it is believed thatgreater happiness and security has re­sulted under a system where this isaccomplished with as little govern­mental intervention as possible. Awise patriot once observed that "theprice of liberty is eternal vigilance"and it is thought that this has signifi­gance as to sources from within thesystem as well as from without. In thisconnection a strange anamoly existstoday in our three-branch form offederal government: over the years

Continued on page 152

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PAGE 151

Continued from page 151

since World War II the JudicialBranch has placed almost total em­phasis on the protection of individualrights and freedom, while at the sametime the Legislative and ExecutiveBranches advocate, and in the case ofthe former have enacted into law,more and more programs which,whether by design or happenstance,limit individual rights and freedoms.Economic benefit supposedlyresulting from the latter have madethese programs palatable to theAmerican pUblic, but neverthelesstheir effect on the freedom of in­dividual movement is apparent everyday of our lives. At this point in thehistory of NFl, we do not have suf­ficient cost data to justify approval ofthis additional governmental regimen­tation of our social order even on thebasis of hoped for economic benefit.

An even greater erosionary effecton a social order is the concept, un­der any NFl proposal that would sub­stitute it for the present system (theSouth Dakota plan does not so sub­stitute), of right and wrong. The firstknown code of laws ever written camefrom the mind of Hammurabi (2125­2080 B.C.), the 6th King of the firstdynasty of Babylon. That code, and allthat have been devised since anddesigned as was it to define legalprerogatives and penalties with amotivation of justice and fair play,have as their cornerstone therecognition of right and wrong, bothcivil and criminal, with a system ofpunishment for wrongful activity. Civil

House of DelegatesSpecial Meeting

September 21, 1972Worthen Bank BuildingLittle Rock, Arkansas

Fall Legal InstituteSeptember 22-23, 1972

Sheraton Motor InnLittle Rock, Arkansas

PAGE 152

wrongs and publishments thereforewere provided in the Code of Ham­murabi; and while social orders thathave come into being since haveabandoned the method of punishmentcalling for an eye for an eye (penaltiesfor capital crimes excepted), the ideaof right and wrong and civil repara­tions for the latter has been an ever­developing and expanding concept inman's relation to man.

Long ago it was recognized that thecareless person can disrupt the peaceand happiness of a well-orderedsociety sometimes with as great animpact as can the criminal. Therefore,the peace, health, safety and welfareof the social order is best served bysome system of punishment for adefined civil wrong. If for no otherreason that punishment serves tomake most men move morecautiously, rather than rashly, in theirdaily activity. It serves also to bring tothe mind of man, consciously andSUb-consciously, a keener sense ofright and wrong in its broadest sense.

Certainly it is wrong for a man tooperate a motor vehicle, whetherdeliberately or carelessly, in such away as to injure or kill a fellow humanbeing. However, the fact of the matteris that this is a daily event in oursociety the annual statistics of whichinclude thousands of deaths, millionsof injuries and astronomical economicloss. In the face of this major right­wrong factor in our society, the pro­ponents of NFl would do away withthis concept. We conclude that this ispure retrogression. What we reallyneed are more ways to make the rash

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and careless drivers more consciousof the consequences of their wrongfulconduCt.

III.IF SUCH A PROPOSAL

IS DESIRABLE,WHICH ONE OF

THE SEVERAL HUNDRED NFlPLANS

NOW ON THE AMERICAN SCENEWOULD BE THE BEST PLAN

FOR ARKANSAS?Our conclusions that any NFl plan

which includes as a part of its con­cept the propositions of (1) com­pUlsory purchase of insurance, and (2)substitution of its compensation planfor the present right-wrong system, isnot desirable, makes this portion ofour inquiry moot. We shall continue towatch for any and all developments inthis area and should any arise in thefuture we will carefully study them andreport.

IV.CAN SUCH A PROPOSAL

BE CONSTITUTIONALLY ENACTEDBY THE GENERAL ASSEMBLY

OF ARKANSAS?We have concluded that any NFl

plan that proposes to substitute, toany degree, its system of automobileinjury reparations for the presentright-wrong system, if enacted by theGeneral Assembly of Arkansas, wouldbe contrary to two provisions of ourpresent Constitution. Article 2, Sec­tion 7, as amended by Amendment 16,provides:

"The right of trial by jury shallremain inviolate, and shall extend toall cases at law..."See Haynes Drilling Corp. v Smith,200 Ark. 1098; and Standard PipeLine Co. v Burnett, 188 Ark. 491. And,Article 5, Section 32, as amended byAmendment 26, provides:

" ...no law shall be enacted limitingthe amount to be recovered for in­juries resulting in death or for injuriesto persons or property..."See Anderson v Sanderson & Porter,146 F(2) 58.

These cited Constitutional provi­sions would seem to clearly preventthe Arkansas Legislature from enact­ing any law detracting from thepresent right-wrong system of makingreparation for death, injury and pro­perty damage, whether resulting fromautomobile accidents or otherwise.

J.L. "Bex" Shaver, G.D. Walker,Joe Woodward, Ed I. Staten,

Dale Price, Bruce T. Bullion (ALlC)

Committeeman W.A. Eldredge, Jr.concurs in the result. ..

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PAGE 154 THE ARKANSAS LAWYER

Proceedings Of The Sixty-Eighth Annual Meeting

OfThe Arkansas Bar Association

The President's Report

Courtney C. Crouch

President, Arkansas Bar Association

- The meaningful FOREWORD from his address at the 68th Annual Meeting of the Arkan­sas Bar Association, June 9-10, 1966, as recorded in the Arkansas Law Review, Volume20, Fall 1966, Number 3, at pages 249-254 -

"Let me begin this report by expressing to each of you my deep appreciation for the honor of servingas your President. The spirit of cooperation of the entire Bar has been the most gratifying and heart­warming experience of my life. Never once has anyone said, 'I am too busy. I do not have the time.' Butto the contrary, when we have called upon you for help, the enthusiastic response has been exceededonly by the enthusiasm with which the assignments have been carried out.

Our profession has come a long way in recent years in improving its public image. We have in­dividually and collectively recognized our responsibilities as guardians of the law, and have soughtways and means of improving and simplifying the law and the administration of justice.

We have also recognized that we must give the public a more competent, efficient and better brandof legal service.

We have not been entirely unselfish in these endeavors, as we have realized that a by-product of im­proved public relations is more confidence in our profession on the part of the public, which meansthat more people will consult the lawyer when faced with legal problems. Too many times the publichas sought the advice of the banker, the accountant, the abstracter, the notary public, or the neighborwho once sat on a jury, rather than to seek the advice and counsel of a lawyer. I hope the day of theshade-tree lawyer is fast disappearing.

I think that you will agree with me that we could not have possibly made the strides that have beenmade in recent years without an organized Bar geared to a program dedicated to improving the stan­dards of the legal profession."

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1 July 1972

TO ALL CONCERNED:

The July 1972 issue of The Arkansas Lawyer is highlighting "History of Law in the Arkansas Ozarks",and is dedicated to the Arkansas Bar Association's four living past presidents in the Northwest BarDistrict.

Author G. Byron Dobbs of the cover story commented that to cover all of the outstanding lawyers inWestern Arkansas up to now was impossible in this connection. Mr. Dobbs soon became fascinatedwith the careers of David Walker and the other early circuit riders - and so, his cover story.

This issue is the first in the series of The Arkansas Lawyer being devoted to the legal heritage of theArkansas Lawyer.

The Arkansas Lawyer

Eugene A. Matthews

Eugene A. Matthews, son of GeorgeM. and Maggie Bunch Matthews, wasborn in Manila, Arkansas, on Novem-

ber 25, 1908. He attended the publicschools of Manila. His fellow class­mate, Oscar Fendler, reminisces aboutthose days. "About 2:00 or 2:30 thecountry school class was devoted torecitations, mathmatical contests andspelling bees. In 1920 when WarrenHarding was the Republican nomineeand James Cox was the Democraticnominee, a debate was held andOscar represented the Republicnominee and Gene the Democraticnominee. Gene was an excellentspeaker with a good personality andvery persuasively won the debate, andCox won all the Manila votes. Thiswas the beginning of his debatingcareer." He graduated from the Aca­demy Department of John E. Brown

College at Siloam Springs, Arkansas,and from Henderson State College, atArkadelphia, Arkansas in 1931. Thetimes were difficult and Gene workedin a variety of jobs to get throughschool. In those days debating was amajor actiVity on campus, and while atHenderson, Gene and AssociateJustice of the Arkansas SupremeCourt, Lyle Brown, won the StateCollege Debating Championship in1930-31. In 1931 he enrolled in theArkansas Law School at Little Rockand during the day worked for theHan. Tom F. Digby, Sr. (father of thepresent Pulaski Circuit Judge, Tom F.Digby, Jr.) to whom he attributes theinspiration and the "wherewithal" toattend Law School in those de-

PAGE 156 THE ARKANSAS LAWYER

ROBERT L. JONES, JR.

,

I

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pression years. Admitted to the Bar inJuly of 1932, he continued his studiesat Arkansas Law School where hegraduated as the president of hisclass in 1933.

He became a member 01 the Arkan­sas Bar Association in 1934 and wasChairman of the Junior Bar Section in1940-41, being also a member of theExecutive Committee of the Associa­tion during that year. During his ad­ministration, the first legal institutewas held in Little Rock, out of which,in that same year, under the chair­manship of the Han. Jerry H. Glenn,now a Judge of the Superior Court, inPhoenix, Arizona, and with the co­operation of N.J. Gantt, President ofthe Association, thirteen Instituteswere held and thus began the Chan­cery Circuit Legal Institute Program,which languished during World WarII, and has now been largely replacedby the Winter meeting of the Asso­ciation and its many seminars held inthe various fields of the law. JudgeGlenn recently commented on themany pleasant hours he and Genespent on those trips over the State attheir own expense. Their friendshipgrew to be a very close one andJudge Glenn particularly mentionedGene's unusual ability to get thingsdone, his great sense of humor andhis dedication and long service to theState Bar of Arkansas.

In 1946 he was a member of the BarAssociation Committee that spon­sored a three-day seminar in LittleRock to bridge the legal gap forArkansas lawyers returning from mili­tary service.

For many years a member of theExecutive Committee of the Asso­ciation, he served as Chairman of thatCommittee during the presidency ofTerrell Marshal, of Little Rock, in1951-52.

Elected Vice-President of the Asso­ciation in 1955, he became actingPresident four months later upon theuntimely death of Shields M. Good­win, President. At the 1956 meeting hewas elected President of the Associa­tion for the year of 1956-57. Heregards as the highlights of his ad­ministration (1) the adoption ofAmendment No. 43 to the ArkansasConstitution on judicial salaries, thecampaign for which had beenlaunched during the administration ofMr. Goodwin, and its implementationby legislative act; (2) the adoption atthe 1957 meeting of a resolution pro­viding for the purchase of a Bar Asso­ciation Headquarters Building; and.(3) the launching of the Association oflocal Bar Associations.

His good friend Terrell Marshal

reflecting on his paper "LookingBackward To See Forward" com­mented that it represents an accurateportrayal not only of the Bar, but ofthe man, as he values the lessons ofthe past, but lives in the present, andbelieves in the future preserving anoptimistic young outlook. "I know ofno one on whose mind the years haveweighed more lightiy. The keen andpersistent twinkle in his eyes, of gen­uine interest about everyone andcuriosity about everything, is a surepointer to that lifetime of youthfu Ilearning and joy in living despite thefull share of life's problems. He is aman's man and a lawyer's lawyer, onewhose advice and jUdgment is soughtand respected. His love and fidelity tothe law are evidenced by two of hisfrequent statements. 'The law is a jeal­ous mistress' and another that hasbeen so meaningfu I to his clients 'Nocase or client is too small to deserveother than the best of a lawyer's abili­ties'."

Following his admission to the Barin 1932, he was associated, briefly,with Tom F. Digby, Sr., of North LittleRock and soon thereafter became anAssistant State Counsel for HomeOwners Loan Corporation where hewas Chief Counsel from June 23, 1939to March 1, 1941, when he againengaged in the private practice of lawin Little Rock. During this period heserved for a time as Executive Direc­tor of the Pulaski County DefenseCouncil.

In January of 1944, Mr. Matthewsvolunteered (one step ahead of thedraft, he says) for induction into thearmed services and asked for assign­ment to the Marine Corps where heserved until 1945, and upon his dis­charge joined the law firm of Martin,Wootton, Martin & Land, in Hot

Springs, where he now practices un­der the firm name of Wootton, Land &Matthews.

While living in Little Rock, he wasChairman of the Board of Stewards ofPulaski Heights Methodist Church,and an assistant teacher of the Men'sBible Class. He served as Secretary­Treasurer of the Little Rock Bar Asso­ciation; was the 2nd President ofArkansas Enterprises for the Blind,Inc., from 1941-1944, Vice-President ofthe Downtown Lions' Club; member ofthe Boards of Directors of ArkansasChildren's Home & Hospital, CountyCourt Juvenile Advisory Committee,Little Rock Goodwill Industries, Inc.,and usa Council of Greater LittleRock.

He has served as Chairman of theBoard of Stewards of the First UnitedMethodist Church of Hot Springs; asPresident and Board Member of theHot Springs YMCA; as President ofthe Southwestern Area Council ofYMCAs from which organization hereceived the Distinguished ServiceAward in 1961. He has been a memberof the Hot Springs Rotary Club (Presi­dent, 1952-53) since 1945. He has ser­ved as Vice-President and Member ofthe Board of Directors of the HotSprings Chamber of Commerce andon the Boards of many other civic andcharitable organizations. In 1970 hewas appointed as Special ChiefJustice of the Arkansas SupremeCourt by Governor WinthopRockefeller, and in 1971 was ap­pointed as Special Associate Justiceof that Court by Governor Dale Bum­pers.

He is married to the former MildredBalch of Morrilton, Arkansas, and hastwo sons, George B. Matthews andEugene A. Matthews, Jr., who is amember of his father's law firm .•

Few lawyers in Western Arkansashave ever encountered Robert (Bob)L. Jones, Jr. in Court without seriouslywondering how objective the femalemembers of the jury panel actuallyare. On more than one occasionfemale members of the jury have bee~heard to remark that Bob is "so nicethat they just want to mother him."

That appearance coupled with anability to make even preposterousarguments seem logical andreasonable make Bob a most for­midable opponent in Court. Bob hasone of the busiest practices in theState, but nonetheless makes you feel

Continued on page 158

JULY, 1972 PAGE 157

HEARTSILL RAGON

Continued from page 157

as though every case you have withhim is the only case he has in the of­fice and, therefore. he is going to putyou through the paces with it.

Bob brought this same enthusiasmand outlook to the State Bar Asso­ciation when he was president. Noone deserved to be president of theState Bar Association more than Bob.He had been an active member of theAssociation since he was admitted tothe Bar and had served on almostevery Committee, having been chair­man of several.

Bob is a native of Magazine, and at­tended Magazine Public Schools,and John Brown Academy at SiloamSprings. He graduated from HendrixCollege with a B.A. Degree in 1942,and served in the U.S. Army from 1943until 1946 in the European theater.Bob, who was commissioned as aSecond Lieutenant in Europe. was re­called to active duty during theKorean conflict and served 21 monthsat Fort Chaffee as Legal Officer from1950 until 1952. In between periods inthe Army, Bob attended the Universityof Arkansas and graduated with anL.L.B. Degree with honors in 1948.

Bob has practiced law in Fort Smithsince that time with the exception ofhis military service and a period oftime in 1950 when he served asSpecial Assistant in the U.S. AtorneyGeneral's office. Bob is presently theSenior Partner with the Firm of Jones,Gilbreath & Jones.

Bob has been and remains ex­tremely active in civic and church ac­tivities and has taught a SundaySchool class in First United MethodistChurch in Fort Smith for over 20years. He has likewise served on vir­tually every committee in the Churchand again has been Chairman of mostof these committees.

During Bob's term as President ofthe State Bar Association, the Con­stitutional Convention was in sessionand he devoted many hours to in­suring that the proposed Constitutioncontained the best possible judicialarticle. The proposed Constitution didnot pass, but perhaps the groundworkhas been laid by the efforts of Boband other members of the Associationto insure that Arkansas will somedayhave the type of system that was setforth in the proposed Constitution.

Bob and his administration werealso active in attempting to have theArkansas Supreme Court grant theBar Unification Petition. Bob spentcountless hours conferring and cor­responding with attorneys throughoutthe State in an effort to insure adop­tion of a unified bar. Unification was

PAGE 158

defeated by a small vote, but again,hopefully the framework has been laidto insure that Arkansas will have aunified bar in the future.

Bob's administration was also veryactive in the field of legal aid and thedefense of criminal indigents. Com­mittees formed during Bob's adminis­tration continued to work, and a num­ber of the suggestions and recom­mendations of those two committeeshave been implemented. The Code ofProfessional Responsibility was adop­ted, and work began on the CriminalModel Jury Instruction during Bob'stenure as president.

Bob Jones must have had a "crystalball" when he gave his President'sReport on June 4, 1970 at the 72ndAnnual Meeting of the Arkansas BarAssociation in the Crystal Ballroom ofthe Arlington in Hot Springs.• He forecast the democratization of

the Association - the House ofDelegates concept has been adop­ted.

• He anticipated the employment of afulltime counsel for the ArkansasSupreme Court's Committee onProfessional Conduct - Mr. TaylorRoberts has been so employed.

• He projected a Client SecurityFund - Mr. Henry Woods, Asso­ciation President for 1972-73,"kicked off" a fund raising cam­paign at the Inaugural Meeting ofthe House of Delegates, June 2-3,1972.

Seven miles north of Highway 22near Scranton, Arkansas, lies thecommunity of Morrison Bluff. AcrossDardanelle Reservoir stands Tick Hill,a prominent landmark arising from theotherwise monotonous flatness of theriver bottoms. Tick Hill is surroundedby such places as Goose Camp, Mon­tana, and New Spadra. Six miles to the

Bob'. Wife Maxine

• He spotlighted the Arkansas cor­rections problem - the ArkansasBar Association now has a specialCommittee on Corrections and for­mer Governor Richard J. Hughes,now Chairman of the ABA Com­mission on Correctional Facilitiesand Services, was the headliner atthe recent 74th Annual Meeting ofthe Arkansas Bar Association.

• He recommended a Lawyer Re­ferral Service - he is now Chair­man of the Arkansas Bar Asso­ciation's new Lawyer Referral Ser­vice Committee and a member ofthe ABA's related Committee.

You can tell by visiting with Bobthat he is proud of his profession andlikewise it is "crystal clear" that hisprofession is very proud of him.•

northeast, 8S the crow flies, is Clarks­ville, Arkansas. Three miles east isanother prominent landmark knownas Ragon Mountain, named after itsfirst and on Iy recorded resident, Cap­tain Alfred Jackson Ragon, alsoknown as "Captain Jack", a formerConfederate Officer. It was in thisgeneral vicinity that Hiram HeartsillRagon, Jr., grandson of Captain Jack,first saw the light of day in 1917, andwas thereafter nurtured through hischildhood.

Heartsill, Jr., was the son and onlychild of the renowned attorney, states­man and jurist, Hiram Heartsi II Ragon,Sr., and Mattie Smith. Heartsill, Sr.,served as prosecuting attorney in thisdistrict. His election to the UnitedStates Congress and subsequent ap­pointment as United States DistrictJUdge for the Western District ofArkansas, occasioned young Heart­sill's departure trom the rural environsof his native area and his exposure tothe glamour of cosmopolitan life,which, no doubt, explains his ultimatelocation in Fort Smith, Arkansas - a

THE ARKANSAS LAWYER

Ij

satellite of metropolitan Tulsa,Oklahoma. It also marked the lastsignificant contact he would have witha "dry" county for many years.

Having absorbed all the knowledgeavailable in Clarksville, (and sufferedunder the oppressive regime of a "dry"county), Heartsill continued his formaleducation at Washington and LeeUniversity in Lexington, Virginia (likeFort Smith, a "wet" county). In the ab­sence of any claims of scholasticachievement, it is safe to assume theywere no better than meager, formodesty has never been among Heart­sill's failings. On the other hand, hedoes speak often of his athletic ac­complishments as a track man. Sincenone of the records he claims arerecorded, Heartsill's friends havegenerously concluded that therecords must have been posted beforesuch information was collected andpreserved - at least at the trackswhere he raced. It is thought that hisearly training for this sport wasperhaps with the prodding of twoJohnson County farmers, Messrs.Werner and Knadle, whO owned agrape vineyard and watermelon patch,respectively. Doubtless, Heartsill'sgreatest track performances wereviewed by these gentlemen down thebarrels of 12-gauge shotguns.

Heartsill commenced the reading oflaw at Washington and Lee in 1939.After one year (and an A.B. degree) hemoved on to the University ofMichigan at Ann Arbor, Michigan (yes,another "wet" county), for his secondyear. His final year of legal study wasat the University of Arkansas andculminated in an LL.B in 1941. Thereason or reasons for thesemigrations have been lost in theclouded past or deliberately keptsecret. It is known that young Heartsillwent by the name of "Sparky" duringthis period, and he will tell you that"sparking" was his game. One mightobserve that it would be many yearsbefore medical science moved tomitigate the risks of that pastime.Having often been heard to complainthat he was born thirty years too soon,one might infer that Heartsill'sfrequent transfers were for purposesof implementing the lessons learnedon "change of venue".

Heartsill's immediate success andmanifest impact on the practicing Barwas apparent; for less than one yearout of law school he was appointedprosecuting attorney for the 12thJudicial District - less than a year af­ter his admission to the Bar, an officewhich he held during 1942-43. Havingconquered the challenges of that of­fice and having apparently founddissatisfaction with the law as it was,

he ran and was elected to the Houseof Representatives of the StateLegislature, where he served from1943 until 1948, on the theory that itwas easier to make the law than tolearn the law. Thus, the early years ofHeartsill's career at the Bar werereminiscent of the frequent changesthat had characterized the whirlwindpattern of his college days.

Having emulated his father as apracticing attorney, a prosecuting at­torney, and member of a legislativebody, it was natural that Heartsill gaveconsideration to following his tather'sexample as a jurist. However, histhoughts in this regard were abortedas a result of his attempt to try hishand at jUdging a controversy bet­ween two of his own bird dogs. Withthe wisdom of Solomon and thecourage of Seagram's, he attemptedto arbitrate the controversy with theresult that one of the contestantsdamn near bit off his hand. During theearly period of his convalescence,Heartsill reflected on the apparentanomaly of this injustice. However, af-

ter the anesthetic (and Seagrams) hadworn off, he wisely concluded that if aman's own dogs resent his authority,he could hearly expect to fare betteramong strangers, and thus renouncedthe bench.

As a partner in the firm of Warner,Warner, Ragon & Smith, Heartsill hasenjoyed interesting and illustriouspractice centered in Fort Smith, butspreading over the entire South­western United States.

Further comment on this phase ofMr. Ragon's career is unnecessary.Suffice it to say, that his significantclientele have included Sally Rand,Winthrop Rockfeller, Arkansas­Louisiana Gas Company and BuckyNabors.

Having tasted the wines of manysuccesses and having met the chal­lenges of so many adversaries, onewould think that Heartsill would slipgracefully into the twilight of a starstudded career so richly deserved.Not so! Having heard of the chal­lenges (and hours) confronting hisfriends Louis Ramsay and Bill Bowen,Heartsill has put aside the tld.moaneconcern of the practicing lawyer and

has now ascended to the world ofhigh finance as President of UnitedSavings Association of Fort Smith,Arkansas. What the future holds is in­comprehensible to the biographer,since it must be calibrated in galaxiesand not mere horizons.

As has been so often stated, due re­flection on the life of a great man willreveal one or more principles for thebenefit of those less gifted. The careerof Mr. Ragon suggests two greatlessons. The first, of course, is neverlocate in a "dry" county, and thesecond is "humility". The last men­tioned quality is clearly exhibited bythe celebrated incident which oc­curred as a result of the infamousmidnight raid on the banks of the Buf­falo River near Marshall, Arkansas, ata time when many of Heartsill's closefriends were gathered for the purposeof sharing fellowship. Pressingbusiness delayed Heartsill's arrival bytwenty-four hours, and when hereached the scene he was outraged tolearn that his friends had been wrong­fully arrested and charged with thepossession of untaxed whiskey andover-possession of taxed whiskey byan over zealous and ill advised sheriff.Rising to the occasion, Heartsi II, inthe finest spirit of his calling, under­took the defense of the maligned cam­pers. Heartsill ascended the crowdedcourthouse steps to enter a roompacked with an impassioned crowd ofSearcy Countians, all eager to seewhether the Sheriff's bag was really aband of foreign river conservationconspirators or merely a benign groupof fishermen who meant no harm.Having had to plead only eight of thetwenty accused guilty to free the rest,Mr. Ragon was complimented by thetrial judge, to which he candidlyrejoined, "if you had waited one daylater I would have been a defendantinstead of the lawyer."

By way of footnote, it should be ad­ded that our subject has a lovely andtalented wife, Polly, two children,Ellen and Heartsill III. By way of fur­ther footnote, the record shou ldreflect that Heartsill is a Fellow of theAmerican College of Trial Lawyersand the American Bar Foundation. Heserved as a Bar examiner for the Stateof Arkansas from 1961 to 1967, hasserved as a member of the ArkansasOil and Gas Commission since 1967,has served as President of theArkansas Bar Association (1961-62), isa deacon of the Central PresbyterianChurch, and won the Fort Smith TownClub gin rummy tournament in 1968.

Douglas O. Smith, Jr.Dorsey M. Ryan...

Continued on page 160

PAGE 159

Continued from page 759 COURTNEY C. CROUCH

Courtney C. (the "C" is silent andsecret) Crouch was born in Collins,Missouri, (the heart of the famous Mis­souri Mule Country), on a sunny dayin June. According to Crouch, youcan approach the metropolis of Col­lins on national highways from theEast, West, North and South, but"Don't bat an eye or you'll miss thewhole dadburned town."

During Courtney's early childhoodCollins was a busy community wherehis father operated the local bank, afew other assorted businesses, raisedMissouri mules on the side, and whenhe had nothing better to do examinedan abstract or handled other minorlegal matters.

Courtney's father died when he wasstill a child, and his mother moved toArkansas where they had relatives. Heattended high school in SiloamSprings and Bentonville.

It is rumored that while he was inhigh school he had the best paperthrowing arm in town. He later devo­ted his part-time efforts to greasingbread pans in a bakery and labelingcans in a canning factory, but reallycame into his own when he found ajob as a soda jerk. He privately admitsthat the motivation for the change inpositions was because of the betteropportunity to visit with the oppositesex.

With public school education out ofthe way, Crouch boarded the KansasCity Southern at Siloam Springs (sixpassenger trains a day in those days)

and made his way to Kansas City,where he graduated from the Univer­sity of Missouri at Kansas City Schoolof Law in 1933.

He returned to Arkansas in 1933,passed the bar examination with fly­ing colors, and set up shop in Spring­dale the same year, ready to siay alllegal dragons.

Courtney hung his "Attorney atLaw" shingle out on the mainthoroughfare. The only problem wasits location two and a half floorsabove street level (rent, 57.50 permonth). In fact, the length and numberof stairs leading to Crouch's law of­fice was so great that clients weregiven a flve-minute rest period afterthey arrived before being asked to re­late their legal problems.

Courtney's law practice grewsteadily and his outgoing personalityled him to his first and only venture asa candidate for public office - he waselected mayor of Springdale at theripe age of 23.

No earth shattering municipallegislation was passed during Court­ney's term as mayor, primarily be­cause his conservatism was over­shadowed by that of the town council.As Courtney explains it, "To suggestthat an emergency clause be includedin an ordinance was extremely liberaland called for lengthy debate."

While Courtney served as one of theyoungest mayors in the nation, healso presided over the local policecourt with fairness and dignity, that is,as much dignity as the small court­room in the jail facilities would permit.If JUdge Crouch ordered jail confine­ment, the short distance of 15 feet tothe cell made execution of the sen­tence swift, to say the least.

It should be noted that law practice,politics and other civic affairs did notconsume all of Courtney's time.Somewhere he found sufficient timeto woo and win Marie Loftis of Poca­hontas as his bride, and they havethree sons, Courtney C. Crouch, Jr.. alife insurance executive, Michael E.Crouch, M.D., and James E. Crouch, astudent at Hendrix College.

In the area of service to his com­munity, Courtney has more than methis responsibilities. He is a member ofthe Board of Directors of SpringdaleMemorial Hospital, served for many

years as a member of the Chamber ofCommerce Board, is a Past Presidentof the Rotary Club, Board Memberand Trustee of First MethodistChurch, Board Member of the North­west Arkansas Regional Airport Com­mittee, Past Chairman of the Washing­ton County Democratic Central Com­mittee, Director of the First NationalBank and other corporations.

In the area of professional ac­complishments, he has served asPresident of the Washington CountyBar Association, member of theExecL,Jtive Committee of the ArkansasBar Association, President of the Ark­ansas Bar Association. 1965-66, Boardof Bar Examiners. 1955-58. Trustee ofthe Arkansas Law School Foundation,member of the Executive Committeeand Trustee of the SouthwesternLegal Foundation of Dallas, SpecialJustice of the Supreme Court of Ark­ansas, Fellow of the American BarFoundation, and Fellow of the Ameri­can College of Trial Lawyers.

Somewhere in Crouch's makeup hemust have gathered some of the stu::'­bornness of the Missouri mules thathe knew as a child. for he has a stub­born devotion to our system of laws.To say that Crouch likes the practiceof law is a gross understatement. Heis intrigued by the complexity of thelaw, thrives on its challenges andhonors its ethics with dedication. ToCourtney C. Crouch the law is truly ajealous mistress ....

PAGE 160 THE ARKANSAS LAWYER

€o?) OF CONSTANTPOPULARITY..~ M a II can sn'rvive indefinitely

without food, shelter orclothillg, , , unt 1/ot without water,

FROM HOT SPRINGS. ARI(.

\

Most sources of drinking water changeseasonally, even daily, Most must betreated for many types of contamination.

But one fountain flows from a sourceso deep and protected that no pollution

of any sort has touched it. Chances are it never will.The fountain, in the Health Resort region of Hot Springs, Arkansas, has been flow­

ing for hundreds of years, For the last hundred, it has been known as the MountainValley Spring,

It is one of the world's truly excellent health waters,Changeless, low-salt, mildly alkaline and marvelous to taste, these are the qualities

of Mountain Valley \Vater.One more adds to its renown-acceptance. When water from just one spring main­

laillS wide popularity, it must be good.Many places listed in this book have been distributing Mountain Valley Water for

years, This may indicate its value to you.Ask for Mountain Valley Water wherever you are, Every time you drink It, you

are assured of uniform health water of exceptional merit,

•®

Blue Cross and Blue Shield oller your companythe most for your employees' health protection plan.

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Over 500,000Arkansansbelong!

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

6th & GainesARKANSAS BLUE CROSS & BLUE SHIELD, INC. Little Rock 72203

JULY. 1972 PAGE 161

ARKANSAS BAR ASSOCIATIONArkansas Bar Center 375-4&05

408 Donaghey Building little Rock, Arkansas 7220 I

DIRECTORY 1972-73

CONTENTS

Map - State Bar Districts .....•................•....................•.......... 163

Map - Delegate Districts .........•......•.•........•.•......................... 163

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

Officers. . . . . . . . . . . . . . . . . . . . . . . .............................•..•........•.... 164

Executive Counci I ................................•............................. 164

Delegate to ABA .......•...............•....................................... 164

Staff ...........................................•.•.............•........•...... 164

House of Delegates. . 165

Association Presidents Since 1899 ..............................•............... 166

Past Presidents Committee ..............................•...................... 166

Sections. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .............•.•.................... 167

Standing Committees 168

Special Committees. . 168

******.Arkansas Bar Foundation ...............................................•....... 174

Officers and Directors .............•...........•...•.....•.........•............ 174

Committees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 174

*******Local Bar Associations and Officers 175

PAGE 162 THE ARKANSAS LAWYER

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District Numbers are shownwith , sign.

Deleqate Numbers are shownbelow.

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BAR DISTRICTS

PAGE 163

Executive GouncllPresident Henry Woods

711 West Third StreetLittle Rock, Arkansas 72201

(376-3021 )

Secretary·Treasurer James M. Moody2200 Worthen Bank BuildingLittle Rock, Arkansas 72201

(375-6483)

President-Elect James E. WestMerchants National Bank

Fort Smith, Arkansas 72901(782-0361 )

Chairman, Young Lawyers Section Richard F. HatfieldBox 36

Searcy, Arkansas 72143(268-3536)

Immediate Past President Paul B. YoungP. O. Box 7808

Pine Bluff. Arkansas 71601(534-5532)

Chairman, Executive Council James B. SharpBank of Brinkley

Brinkley, Arkansas 72021(734-4060)

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

RussellvilleFayettevilleFort Smith

SOUTHERN STATE BARJohn A. Davis, IIIOtis H. TurnerHerman Hamilton, Jr.

DISTRICT ­197319741975

Pine BluffArkadelphia

Hamburg

RockRockRock

LittleLittleLittle

DISTRICT ­197319741975

CENTRAL STATE BARRobert o. RossJohn P. GillDale Price

HelenaBatesville

West Memphis

DISTRICT ­197319741975

NORTHEASTERN STATE BARDavid SolomonW. D. MurphyJulian B. Fogleman

LIAISON NON-VOTING MEMBERS -Chairman, Legal Education Mr. Martin Gilbert

Committee Simmons National Bank Bldg.Pine Bluff. Arkansas 71601

(534-5221 )

Delegate to American Bar Herschel H. FridayAssociation 1100 Boyle Building

Little Rock, Arkansas 72201(376-2011 )

Chairman, Arkansas Bar Foundation .... Edward Lester1330 Tower Building

Little Rock, Arkansas 72201(375-2301 )

Executive Director. C. E. Ransick408 Donaghey Building

Little Rock, Arkansas 72201(375-4605)

Arkansas Judicial Council ....Judge Harrell A. SimpsonRepresentative P.O. Box 47

Pocahontas, Arkansas 72455(892-3144)

Staff

Executive DirectorAssistant Executive DirectorMembership Secretary

C. E. RansickJudith H. Gray

Barbara Ghormley

PAGE 164 THE ARKANSAS LAWYER

HIUSI Of Dlillatis

214 North Sixth St.Fort Smith, Ark. 72901G. Alan WootenP. O. Box 1525Fort Smith, Ark. 72901District No. 29Guy Amsler, Jr.Donaghey BuildingLittle Rock, Ark. 72201Phillip Carroll720 West Third St.Little Rock, Ark. 72201Winslow Drummond2200 Worthen BankLittle Rock, Ark. 72201John P. GillPyramid Life BuildingLittle Rock, Ark. 72201Don F. Hamilton1550 Tower BuildingLittle Rock, Ark. 72201Steele Hays821 Pyramid Life Bldg.Little Rock, Ark. 72201Cooper JacowayPyramid Life BuildingLittle Rock, Ark. 72201Edward Lester1330 Tower BuildingLittle Rock, Ark. 72201Boyce Love1100 Boyle BuildingLittle Rock, Ark. 72201Dean R. Morley2900 Railroad Ave.No. Little Rock, Ark. 72114Dale Price211 Spring StreetLittle Rock, Ark. 72201Robert D. Ross401 Three Hundred SpringLittle Rock, Ark. 72201Donald S. Ryan209 National Investors Bldg.Little Rock, Ark. 72201Isaac A. Scott, Jr.2200 Worthen BankLittle Rock, Ark. 72201Leonard L. Scott1501 Tower BuildingLittle Rock, Ark. 72201John B. Thurman, Jr.Pyramid Life BuildingLittle Rock, Ark. 72201

PAGE 165

.Jim Spears919 So. 17th

Fort Smith, Ark. 72901. ... Jerry Glynn James

209 Ellis Dr.Little Rock, Ark. 72205

CHAIRMAN, YOUNG LAWYERSSECTION

IMMEDIATE PAST PRESIDENT Paul B. YoungP. O. Box 7808

Pine Bluff, Ark. 71601CHAIRMAN, EXECUTIVE COUNCIL James B. Sharp

Bank of Brinkley Bldg.Brinkley, Ark. 72021Richard F. Hatfield

P.O. Box 36Searcy, Ark, 72143

Hot Springs, Ark. 71901Louis J. LonginottiThompson BuildingHot Springs, Ark. 71901District No. 24Richard H. Mays211 East Elm SI.EI Dorado, Ark. 71730William I. Prewett423 WashingtonEI Dorado, Ark. 71730

District No. 25John A. Davis, Jr.P.O. Box 7808Pine Bluff, Ark. 71601Horace J. Fikes, Jr.414 National BuildingPine Bluff, Ark. 71601

District No. 26Randall W. IshmaelP. O. Box 1245Jonesboro, Ark. 72401David N. LaserP. O. Box 1346Jonesboro, Ark. 72401

District No. 27Chancellor Thomas F. ButtWashington Cnty. CourthouseFayetteVille, Ark. 72701David R. MaloneP. O. Box 1004Fayetteville, Ark. 72701Walter R. Niblock20 East MountainFayetteville, Ark. 72701

District No. 28Robert T. DawsonSuperior Federal BuildingFort Smith, Ark. 72901Robert L. Jones, Jr.Merchants National BankFort Smith, Ark. 72901Doug las O. Smith

Henry Woods711 West Third St.

Little Rock, Ark. 72201James E. West

Merchants National BankFort Smith, Ark. 72901

James M. Moody2200 Worthen Bank Bldg.

Little Rock, Ark. 72201

215 Cherry StreetHelena, Ark. 72342District No. 14James L. Shaver, Jr.P. O. Box 592Wynne, Ark. 72396District No. 15Julian B. FoglemanBank of West MemphisWest Memphis, Ark. 72301District No. 16Bill E. RossP. O. Box 486Blytheville, Ark. 72815District No. 17Gerald P. BrownP. O. Box 726Paragould, Ark. 72450District No. 18Marvin O. Thaxton600 Third StreetNewport, Ark. 72112District No. 19W. D. Murphy, Jr.Fitzhugh Bldg.Batesville, Ark. 72501District No. 20Thomas B. Tinnon509 S. Main St.Mountain Home, Ark. 72653District No. 21Edward Gordon, Jr.P. O. Box 558Morrillon, Ark. 72110District No. 22LeRoy Autrey501 East 6th StreetTexarkana, Ark. 75501Charles Conway6 State Line PlazaTexarkana, Ark. 75501District No. 23R. Keith Arman623 Central

LAW STUDENT SECTION DELEGATES _UNIVERSITY OF ARKANSAS

SCHOOL OF LAW:Fayetteville Campus ...

Little Rock Division .

NON-VOTING MEMBERSPast Presidents

EX·OFFICIO MEMBERSPRESIDENT

DELEGATESDistrict No. 1Ernest G. LawrenceP. O. Box 447Bentonvi lie, Ark. 72712District No. 2H. Paul JacksonP. O. Box 89Berryville, Ark. 72616District No. 3Jack Yates301 West CommercialOzark, Ark. 72949District No. 4Robert Hayes Williams116 S. DenverRussellville, Ark. 72801District No. 5Henry Morris14 Thomas Bldg.DeQueen, Ark. 72944District No. 6Otis H. TurnerP. O. Box 607Arkadelphia, Ark. 71923District No. 7Joe D. WoodwardP. O. Box 727Magnolia, Ark. 71753District No.8Thomas E. SparksP. O. Box 547Fordyce, Ark. 71742District No. 9Herman l. Hamilton, Jr.110 No. Main SI.Hamburg, Ark. 71646District No. 10O. Wendell Hall501 North Main StreetBenton, Arkansas 72015District No. 11J. W. Green602 South CollegeStuttgart, Ark. 72160District No. 12Jerry W. CavaneauP. O. Box 36Searcy, Ark. 72143District No. 13David Solomon

PRESIDENT·ELECT

SECRETARY-TREASURER

JULY, 1972

Arkansas Bar Association PresidentsSince Organization

PAST PRESIDENTS COMMITTEECHAIRMAN: J. C. DEACONN. J. Ganll, Jr. Pine BluffJoe C. Barrett JonesboroLamar Williamson MonticelloA. F. House Little RockTerrell Marshall Little RockJ. L. Shaver WynneEugene A. Mallhews Hot SpringsEdwerd L. Wright Little RockJohn A. Fogleman West MemphisWillis B. Smith TexarkanaW. S. Mitchell Little Rock

THE ARKANSAS LAWYER

1935-361936-371937-381938-391939-401940-411941-421942-431943-441944-451945-461946-471947-481948-491949-501950-511951-521952-531953-541954-551955-561956-571957-581958-591959-601960-611961-621962-631963-641964-651965-661966-671967-681968-691969-701970-711971-72

1961-621962-631963-641964-651965-661966-671967-681968-691969-701970-711971-72

Fort SmithBlythevillePine BluffLittle RockSpringdaleParagouldCrossettLittle RockFort SmithJonesboroPine Bluff

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

·Deceased

Heartsill RagonOscar FendlerLouis L. Ramsay, Jr.Bruce T. BullionCourtney C. CrouchMaurice CatheyWilliam S. ArnoldJ. Gaston WilliamsonRobert L. Jones, Jr.J. C. DeaconPaul B. Young

·Calvin T. Cotham*J. F. Gautney°Walter G. Riddick°Abe Collins-Harvey T. HarrisonN. J. Gantt, Jr.

·Henry Moore, Jr.-E. H. WoottonJoe C. Barrett

°E. A. HenryLamar Williamson

-Max B. ReidoW. W. Sharp

Archie House·Cecil R. Warner·John H. LookadooTerrell Marshall

°A. F. TriplellJ. L. Shaver

oJ. M. Smallwood·Shields GoodwinEugene A. MatthewsEdward L. WrightJohn A. FoglemanWillis B. SmithWill S. MitchellHeartsill RagonOscar FendlerLouis L. Ramsay, Jr.Bruce T. BullionCourtney C. CrouchMaurice CatheyWilliam S. ArnoldJ. Gaston WilliamsonRobert L. Jones, Jr.J. C. DeaconPaul B. Young

1940-411943-441945-461948-491951-521953-541956-571957-581958-591959-601960-61

1899­1900­

1900-011901-021902-031903-041904-051905-061906-071907-081908-091909-101910-111911-121912-131913-141914-151915-161916-171917-181918-191919-201920-211921-221922-231923-241924-251925-261926-271927-281928-291929-301930-311931-321932-331933-341934-35

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

PAGE 166

·U. M. Rose°Henry C. CaldwellOSterling R. Cockrill-Thomas B. Martin·George B. Rose·James F. Reed·Allen Huges°Joseph M. Strayton·Joseph W. House°William H. Arnold·John M. Moore*N. W. Norton·W. V. Tompkins°Ashley Cockrill-James D. Shaver·Charles T. Coleman-Jacob Trieber°lra D. Oglesby°Charles C. Reid-Thomas C. McRaeoJ. H. Carmichael·William H. MartinoW. F. ColemanoJ. F. LoughboroughoJ. V. Walker°C. E. DaggettoS. H. Mann°George B. Pugh°T. J. GaughanoW. T. Wooldridge*J. Merrick Moore*T. D. Wynne°T. C. Trimble, Jr.-Harry P. Dailey-George A. McConnell·Paul Jones°Robert E. Wiley

Sections

Criminal law SectionChairman Harold Hall

Three Hundred Spring BuildingLittle Rock, Arkansas 72201

Taxation, Trust &EstatePlanning Section

Minerai law Section

Savings And loan Section

Family law Section

Little RockJacksonville

EI DoradoAugusta

Monticello

AshdownNewport

Little RockHot Springs

Richard F. HatfieldP.O. Box 36

Searcy, Arkansas 72143

J.W. WatkinsMurphy Building

EI Dorado, Arkansas 71730

Robert HolmesP.O. Box 7808

Pine Bluff, Arkansas 71601

William R. Wilson370 Tower Building

Little Rock, Arkansas 72201

H.T. Larzelere, Jr.1100 Boyle BUilding

Little Rock, Arkansas 72201

John L. Johnson2050 Worthen Bank BuildingLittle Rock, Arkansas 72201

1974

DIRECTORS1973

PAGE 167

Robert Hopkins, Vice~President

Student Bar AssociationUniversity of Arkansas School of Law

Little Rock Campus 72201

Secretary

Chairman

Vice-Chairman

Vice-Chairman

Chairman

Robert CearleyMike WilsonAlbert HannahGeorge ProctorSam Bird

Chairman

Co-Chairman

Young lawyers Section

Eric BishopJames MclartyWilliam R. WilsonKeith Arman

E. Mack Anderson131 South Jackson

Magnolia, Ark. 71753

Edward L. Wright, Jr.2200 Worthen Bank

Little Rock, Ark. 72201

Charles Yingling, Jr.407 West Arch

Searcy, Arkansas 72143

William H. Schulze201 11'2 West Main Street

Russellville, Ark. 72801

N. Cloyteen RobertsP.O. Box 182

England, Arkansas 72046

Mahlon G. Gibson1949 Yates

Fayetteville, Ark. 72701

Mike Castleman1111 Tower Building

Little Rock, Arkansas 72201

Lloyd Haynes1111 Tower Building

Little Rock, Arkansas 72201

Regina W. Johns226 Woodbine

Hot Springs, Arkansas 71901

law Student SectionJim Spears, Vice-President

Student Bar AssociationUniversity of Arkansas School of Law

Fayetteville Campus 72701

Chairman

Secretary

Vice-Chairman

3dCretary

Secretary

Vice-Chairman

Chairman

Past Chairman

Vice-Chairman

JlJ '-'(, ',872

Co-Chairman

Standing CommitteesJURISPRUDENCE AND LAW REFORM UNAUTHORIZED PRACTICE OF LAW COMMITTEE

H. Murray Claycomb Warren Eugene L. Schieffler West Helena

Chairman 1975 Chairman 1975William Walker Harrison 1973 Eugene Matthews, Jr. Hot Springs 1973E.C. Gilbreath Fort Smith 1974 Marvin Holman Clarksville 1974Judge Tom F. Butt Fayetteville 1975 Douglas O. Smith, Jr. Fort Smith 1975Don Forrest Blytheville 1973 James J. Bayne Des Arc 1973David Blair Batesville 1974 Gerald Brown Paragould 1974G.D. Walker Jonesboro 1975 Larry Patterson Hope 1973Bill R. Holloway Lake Village 1973 Robert Gibson Dermott 1974Harley Cox Pine Bluff 1974 Hayes McClerkin Texarkana 1975Osro Cobb Little Rock 1973 William F. Sherman Little Rock 1973Dane Clay Little Rock 1974 H. Watt Gregory, III Little Rock 1974Austin McCaskill Little Rock 1975 A.E. Townsend No. Little Rock 1975

LEGISLATION COMMITTEE LEGAL AID COMMITTEEWilliam Eckert Magnolia David Hodges Newport

Chairman 1975Rudy Moore Springdale 1973

Chairman 1975

Thomas Tinnon Mountain Home 1974Davis Duty Rogers 1973

Bradley Jesson Fort Smith 1975G. Alan Wooten Fort Smith 1974Waller Niblock Fayetteville 1975

Edward Lightle Searcy 1973 Oscar Fendler Blytheville 1973Graham Partlow Blytheville 1974 David Landis Jonesboro 1974Bill Penix Jonesboro 1975 Carman Lavender Texarkana 1973Richard E. Griffin Crossett 1973Thomas Sparks Fordyce 1974

Robert C. Vittitow Warren 1974Robert B. Gibson Dermott 1975

Max Howell Little Rock 1973 Sid McCollum Benton vi lie 1973John T. Williams Little Rock 1974Mike E. Wilson Jacksonville 1975

Milas Hale Little Rock 1974Jerry Light Little Rock 1975

PROFESSIONAL ETHICS ANDGRIEVANCES COMMITTEE LEGAL EDUCATION COMMITTEE

Comer Boyett Searcy Martin Gilbert Pine BluffChairman 1974 Chairman 1975

David T. Hubbard Fort Smith 1973 Warren E. Banks Fayetteville 1973James W. Gallman Fayetteville 1974 Ike Allen Laws Russellville 1974Joseph W. Segers Fayetteville 1975 Owen C. Pearce Fort Smith 1975Robert Branch Paragould 1973 Richard McCulloch Forrest City 1973Ray A. Goodwin Paragould 1975 Randall Ishmael Jonesboro 1974William Eckert Magnolia 1973 Wayne Boyce Newport 1975Dennis Shackleford EI Dorado 1974 William K. Ball Monticello 1973Otis H. Turner Arkadelphia 1975 Richard H. Mays EI Dorado 1974Steele Hays Little Rock 1973 James M. Moody Little Rock 1973Dean R. Morley No. Little Rock 1974 Glenn W. Jones, Jr. Little Rock 1974Hubert Mayes, Jr. Little Rock 1975 Richard A. Williams Little Rock 1975

Special CommitteesANNUAL MEETINGDale Price

Co-ChairmanWilliam A. Wilson, Jr.

Co-ChairmanRobert L. Jones, IIIDon SchnipperJerry JacksonRichard F. HatfieldRichard Hobbs

PAGE 168

Little Rock

Little RockFort Smith

Hot SpringsLittle Rock

SearcyHot Springs

James GoochDavid Keith RutledgeHoyt D. ThomasJack YoungWilliam DabbsM.C. Lewis, Jr.Herb BranscumGerland PattenDonald KingJames R. Howard

ArkadelphiaBatesville

Little RockLittle RockLittle Rock

Hot SpringsLittle RockLittle RockLittle RockLittle Rock

THE ARKANSAS LAWYER

AUDITING COMMITTEEJohn L. Johnson

ChairmanPaul HooverByron EisemanFrank H. CoxDonald Nance

Little RockLittle RockLittle RockLittle RockLittle Rock

Roy Finch, Jr.Vincent Foster, Jr.William I. PrewettWallace MoodyDavid BlairWilliam R. Holland

Little RockLittle RockEI DoradoEI DoradoBatesville

Pine Bluff

AUTOMOBILE INSURANCE COMMITTEEBruce T. Bu Ilion

ChairmanJoe D. WoodwardDale PriceG.D. WalkerEdward I. StatenWilliam A. Eldredge, Jr.H. Watt Gregory IIIJohn PurtleDennis ShacklefordCharles BrownJohn C. WardQon PullenJulian StreettJ.L. Shaver

Little RockLittle RockFort Smith

OsceolaHarrison

Little RockLittle RockLittle Rock

Little RockLittle RockLittle RockLittle RockLittle Rock

Hot SpringsStuttgart

Little RockLiltle Rock

SearcyJacksonville

Little RockArkadelphia

BlytheVilleLittle RockLittle RockFort Smith

ConwayLittle RockLittle RockLi11le Rock

Lake Village

Little RockFayetteVille

West MemphisBrinkley

BentonvilleVan Buren

AshdownMagnoliaHamburg

Forrest CityParagouldBatesvilleMorrilton

Hot SpringsJonesboro

Little RockEI Dorado

HarrisonRussellville

ArkadelphiaFordyceBenton

CONSTITUTION AND BY·LAWS COMMITTEEWinslow Drummond

ChairmanJudge Thomas F. ButtJulian B. FoglemanJames B. SharpErnest G. Lawrence, Jr.Fines F. Batchelor, Jr.Fred E. PickettJoe D. WoodwardHerman L. HamiltonJohn W. MannRay A. GoodwinJohn Norman HarkeyEdward GordonDon SchnipperRandall W. IshmaelPhilip E. DixonRichard H. MaysWilliam S. WalkerWilliam H. SchulzeOtis H. TurnerThomas E. SparksRobert N. Hardin

COMPUTERIZED LEGAL RESEARCHRonald May

ChairmanW. Dane ClayC.R. Warner, Jr.Mitchell MooreGarvin FittonThomas B. KeysJustice George Rose SmithRichard Williams

CLIENTS SECURITY FUND COMMITTEEW.J. Williams, Jr.

ChairmanHW. McMillanDan M. BurgeJames H. RiceClay Patty. Jr.Eldon CoffmanWilliam Clay BrazilWilliam T. KellyJ. Gaston WilliamsonWalter W. DavidsonWilliam H. Drew

CLAIMS REVIEW COMMITTEECooper Jacoway

ChairmanJoseph L. Buffalo. Jr.W.A. Eldredge. Jr.Dale PriceBilly S. ClarkRichard MuseWilliam MoorheadRobert LindseyH.E. McDermott, Jr.Odell PollardBen Rice

Little RockMagnolia

Little RockJonesboroPine Bluff

Little RockLittle Rock

BatesvilleEI Dorado

Little RockLittle Rock

Hot SpringsCamden

Wynne

Little RockLittle RockLittle Rock

MorriltonFort Smith

HelenaLittle RockParagould

Little RockLittle Rock

Fort SmithFayettevilleBentonvilleLittle RockLittle RockLittle Rock

AugustaMountain Home

Fayettevi lieJacksonville

Pine BluffPine Bluff

MalvernBenton

Crossett

Little RockLittle Rock

North Little RockLittle RockLittle RockLittle RockLittle RockLittle RockLittle RockLittle RockLittle Rock

North Little Rock

BAIL REFORM COMMITTEEJudge Lawson Cloninger

ChairmanHugh KincaidWilliam H. EnfieldPhillip RagsdaleRobert FaulknerPhillip KaplanGeorge ProctorGordon F. Engeler, Jr.Bob I. MayesMike WilsonBart MullisJUdge Charles GoldbergerJames C. ColeJohn LovellBruce Switzer

CIVIL PROCEDURES COMMITTEERobert D. Ross

ChairmanJames D. StoreyThomas A. GlazeNathan GordonJerry L. CanfieldJudge John L. AndersonPaul RawlingsGerald BrownW. Dent GitchelAmis Guthridge

AWARD OF MERIT COMMITTEEBen Rowland

ChairmanPhillip CarrollByron Smith. Jr.Joe W. GelzineDavid B. BogardPaul D. CappsBeresford L. Church. Jr.Terry MathewsFrances HoltzendorffW.E. HensleeSid DabbsJudith Rogers

JULY, 1972 PAGE 169

OsceolaForrest CityFayettevilleLittle Rock

Hot SpringsLittle RockFort Smith

Des ArcWest Helena

Fort SmithLittle RockLittle Rock

OsceolaSearcy

ParagouldPine Bluff

Pine BluffParagould

Walnut RidgePocahontas

SearcyLittle RockRussellville

SearcyPiggott

TexarkanaStuttgart

Little RockJonesboroJonesboro

HelenaLittle RockLittle RockLittle RockLittle Rock

Little RockLittle RockRussellvilleMonticello

Little RockLittle RockLittle RockLittle RockPine Bluff

Little RockLittle Rock

Little RockHelena

HamburgEI Dorado

Little RockLittle RockEI Dorado

BentonHot Springs

No. Little RockAugusta

PocahontasHuntsville

MenaLittle Rock

DISCIPLINARY PROCEDURES COMMITTEEEdward B. Dillon

ChairmanDavid SolomonHerman L. HamiltonWallace MoodyAbner McGeheeW.H. DillahuntyDenver ThorntonFred BrinerClayton FarrarC. Byron SmithJ.F. DaughertyJohn BurrisVan AlbertsonJ.H. HardegreeTom Bramhall

DESK BOOK COMMITTEERobert L. Robinson, Jr.

ChairmanClay Patty, Jr.Judge Richard MobleyJames A. Ross, Jr.George E. Pike, Jr.John F. Forster, Jr.Paul W. Hoover, Jr.Richard C. Butler, Jr.Ted DrakeGordon Rather, Jr.Bert N. Darrow

Ed OwensAlfred J. HollandLeroy BlankenshipGeorge "Nick" WilsonJerry CavaneauDavid HaleJon R. SanfordJames L. MorganLee WardWilliam H. HowellJ.W. Green, Jr.Henry OsterlohBon McCourtneyW.B. HowardA.E. Raff, Jr.Ed DunawayLloyd R. HaynesJames L. SloanJohn H. Haley

ECONOMICS OF LAW PRACTICE COMMITTEEMitchell Moore

ChairmanHenry WilkinsonW.R. NiblockPhilip K. LyonPaul HogueW. Dane ClayRichard MartinSam WeemsJohn PittmanRobert L. Jones, IIIJohn M. FincherTom F. LovettRalph WilsonRichard F. HatfieldJohn C. GreggJeff Starling

West MemphisLittle RockFort SmithTexarkana

CamdenSpringdaleLittle Rock

West MemphisNewport

Little RockMonticello

Little RockFort Smith

Eureka SpringsJonesboro

Little RockHelena

TexarkanaEI Dorado

Siloam SpringsFayetteville

HopeLittle RockFayetteville

HelenaLittle Rock

RisonLittle Rock

WynrreRogers

Hot SpringsLittle RockLittle RockLittle RockFayetteville

ParagouldHelena

Fort SmithBlytheville

CrossettEI Dorado

Forrest CityLittle RockSpringdaleLittle RockLittle RockBlythevilleEI Dorado

FayettevilleMountain Home

MariannaForrest City

DeWittHuntsville

Little Rock

HelenaBlytheville

NewportMountain Home

TexarkanaPine Bluff

Fort Smith

COMMITTEE

DEFENSE OF CRIMINAL INDIGENTS COMMITTEECecil B. Nance, Jr.

ChairmanJohn P. SizemoreWayne HarrisNicholas H. PattonJulian D. StreettR.H. MillsW.H. DillahuntyVincent E. SkillmanDavid A. Hodges

David SolomonDan M. BurgeWayne BoyceTerry M. PoynterRichard S. ArnoldStephen A. MatthewsDoug las O. Smith, Jr.

CONSTITUTIONAL REFORMJohn P. Gill

ChairmanJames A. Ross, Jr.Philip E. DixonG. Byron DobbsLewis P. Epley, Jr.Charles Frierson, IIIGeorge CampbellCharles RoscopfRichard S. ArnoldRichard H. MaysField K. WassonJudge Thomas ButtFloyd C. CrowW.C. BarrierDr. Robert A. LetlarDavid SolomonC.R. HuieJohn ElrodMarion BurtonJ.L. Shaver, Jr.Eugene KelleyDan McGrawW.T. KellyR.C. Butler, Jr.Herbert C. Rule, IIIMrs. Ann Henry

CREDITORS' RIGHTS COMMITTEERobert Branch

ChairmanCharles RoscopfDon Allen SmithBill E. RossWilliam D. RothwellJerry W. WatkinsE.J. ButlerIsa~c A. Scott, Jr.Joe B. ReedGriffin SmithJames Darr, Jr.John B. MayesSam Brooks, Jr.Thomas PearsonRoy E. DanuserJames R. Van DoverN.M. NortonWilbur BottsW.O. HallRobert Chowning

PAGE 170 THE ARKANSAS LAWYER

HONORARY MEMBERSSenator John L. McClellan Washington, D.C.Senator J. William FUlbright Washington, D.C.Congressman William V. Alexander Washington, D.C.Congressman Wilbur D. Mills Washington, D.C.Congressman David H. Pryor Washington, D.C.

Little Rock

Little RockLittle RockMonticello

Little RockRogers

StuttgartLittle RockLittle RockLittle Rock

FayettevilleFayettevilleLittle RockLittle RockEI Dorado

Fayettevi lieFort SmithFort SmithLittle RockLittie RockLittle RockPine BluffPine BluffTexarkanaParagouldEI DoradoEI Dorado

HopeLittle Rock

MariannaJonesboro

HopeLittle RockFayettevi liePine Bluff

AugustaPine Bluff

Sidney S. McMathE. Charles EichenbaumAdrian WilliamsonRonald A. MayDouglas L. WilsonArthur R. MacomJohn C. EcholsRalph M. Sloan, Jr.William D. Haught

INTERNSHIP COMMITTEEDavid Henry

ChairmanHugh Kincaid

ChairmanSid DavisBoyce LoveRobert D. CabeAlbert R. HannaLynn F. WadeE.C. GilbreathBen L. PaddockDon F. HamiltonH. Watt Gregory, IIIJames W. MooreJohn A. Davis, IIIWilliam C. BridgforthNed A. Stewart, Jr.Ray A. GoodwinWilliam l. PrewettWallace Moody

JUDICIAL COUNCIL LIAISON COMMITTEEJames H. Pilkinton

ChairmanPhillip CarrollJimason DaggettGerald Pearson

JUDICIAL NOMINATIONS COMMITTEEAlbert Graves

ChairmanWilliam S. MitchellW.B. PutmanR.A. EilbottJohn D. EldridgePaul B. Young

Ex-Officio Members:Henry Woods, President, Arkansas Bar Association Pres­ident, James E. West, Vice-President Elect, Arkansas BarAssociation, James B. Sharp, Chairman, Executive Council

Little RockLittle RockFort Smith

West MemphisFayettevilleLittle RockEl Dorado

Little RockLittle Rock

CrossettHope

Little RockLittle RockLittle RockLittle Rock

CamdenMonticelloTexarkana

Ashdown

Fort SmithCrossett

Hot SpringsJonesboro

Little RockLittle RockLittle RockSpringdaleLittle RockLittle Rock

No. Little RockTexarkana

MagnoliaDanvilleBenton

Fort SmithFort SmithFort Smith

GentryBatesville

EI Dorado

FEDERAL LEGISLATION AND PROCEDURESCOMMITTEE

E. Charles EichenbaumChairman

Leon B. CatlettJ.S. DailyJohn Mac SmithHartman HotzJack D. FilesWilliam L. HopperJerry JacksonOscar E. Davis, Jr.Richard E. GriffinF.C. CrowJ. Gayle WindsorE.H. ArnoldGeorge PlastirasLloyd McCain

ENVIRONMENTAL LAW COMMITTEEGerald L. DeLung

ChairmanPaul SullinsElbert CookStephen M. ReasonerW. Dent GitchelJames M. McHaneyJohn S. SeligRudy Moore, Jr.John F. Forster, Jr.Thomas B. KeysHoward L. MartinCarman LavenderR.L. ChoateJohn TatumWendell HallH. Clay RobinsonRobert L. Jones, IIIThomas A. DailyLouis C. KirbyAllyn C. TatumJames E. Baine

Harry BarnesWilliam K. BallJohn StroudFred Pickett

GROUP INSURANCE PLANS COMMITTEEEldon Coffman

ChairmanEugene BaileyEugene MazzantiHarlan A. WeberJohn C. WardWilliam L. Patton, Jr.Don PrevalletCharles R. WhiteBen McMinnBranch Fielrl~

INTERNATIONAL LAW COMMITTEEJoe C. Barrett

Chairman

Fort SmithLittle RockLittle RockLittle RockLittle RockLittle RockBlytheville

Hot SpringsLittle RockLittle Rock

Jonesboro

LAW SCHOOL COMMITTEEHerschel H. Friday

ChairmanFred M. Pickens, Jr.Lewis D. JonesLouis L. Ramsay, Jr.Robert ShullsJames B. SharpJ.C. Deacon

LAW STUDENT LIAISON COMMITTEEA.D. McAllister, Jr.

Co-ChairmanRick Beard

Co-ChairmanDon M. SchnipperRichard Slagle

Little RockNewport

Fayettevi liePine Bluff

Little RockBrinkley

Jonesboro

Fayettevi lie

Pine BluffHot SpringsHot Springs

JULY,1972 PAGE 171

Fort SmithFayettevilleLittle Rock

BrinkleyPocahontas

Pine BluffMountain HomeSiloam Springs

CamdenJacksonville

HarrisburgHelena

Hot SpringsFayetteville

BatesvilleBenton

lillie RockFort SmithFort Smith

Lake VillageLittle RockLittle Rocklillie Rock

LonokeLittle Rock

ConwayLittle Rock

Little RockPine BluffFort SmithLittle Rock

BrinkleyEI Dorado

HelenaWest Memphis

Little RockFayettevilleLittle RockLittle RockJonesboroBatesville

EI DoradoHeber Springs

NewportLittle Rocklillie Rocklillie Rock

Forrest CityLittle Rock

BentonLitlle Rocklillie Rock

Little Rock

Little RockLittle RockFort SmithJonesboroTexarkana

HamptonPine BluffPine Biuff

PrescottHot SpringsHot SpringsLittle Rock

Lake VillageTexarkana

HelenaTexarkana

Forrest CityLittle RockLittle RockLittle RockLittle RockLittle Rock

North Little Rock

NEW HEADQUARTERS COMMITTEEEdward Lester

ChairmanDon SmithBen CoreBoyce LoveJames B. SharpWilliam J. WynneDavid SolomonJulian FoglemanPhilip AndersonW.W. Bassett, Jr.William L. TerryBill ReaDouglas BradleyCaldwell BennellWorth CampCarl McSpaddenWesley BengelDarrell DoverW.P. Hamilton, Jr.William R. OvertonHaroid SharpeCarl LangstonJoe PurcellW.J. WalkerC.J. Giroir

Fred LivingstonLee TuckerBert N. DarrowDavid WestmorelandE.C. GilbreathBill R. HollowayJames W. MooreEugene J. MazzantiDonald S. RyanCharles A. Walls, Jr.Mike HuckabayGuy H. Jones, Jr.Russell J. Wools

MEMBERSHIP COMMITTEEJudge Steele Hays

ChairmanAll Delegates serve as Committeemen.MEMORIALS COMMITTEEJudge Ed McFaddin

ChairmanJudge Guy AmslerJudge Franklin WilderJudge Archer Wheatleyjudge Willis Smithjudge W.C. MedleyJudge Lawrence DawsonJohn A. Davis, IiiHorace McKenzieJames R. CampbellVirgil EvansU.A. GentryCarneal WarfieldTed GoldmanW.G. Dinning, Jr.Judge B.B. LareyCarroll C. CannonDrew BowersLouis TarlowskiBayard TaylorJohn E. CoatesRiddick RiffelByron Bogard

Fort SmithFort SmithPine Bluff

Little RockTexarkanaPine BluffBlytheville

Little RockLittle RockPine BluffFort SmithLittle Rock

DanvilleFayetteville

MorriltonHot Springs

JonesboroCorning

Forrest CityFort Smithlillie Rock

Hot SpringsMena

Little Rock

Fort SmithNorth Little Rock

Little RockHot SpringsLittle RockFayetteville

MurfreesboroHot Springs

DeQueenMammoth Springs

BerryvilleFayettevilleFort Smith

DeQueenHeber Springs

Little RockDardanelle

Bentonlillie RockLittle RockLittle RockLittle Rocklillie Rock

MALPRACTICE PANEL COMMITTEEWilliam A. Eldredge

ChairmanAlston JenningsStephen A. MatthewsAnthony BartelsBranch T. FieldsJohn TatumOr. Morriss HenryNathan GordonEarl LaneDavid LaserScott ManattKnox KinneyWilliam StocksRobert NeighborsRichard WoottenNabors ShawJeff Davis, Jr.

MARITtME LAW COMMITTEEEdward E. Bedwell

ChairmanLeslie EvittsKenneth BairnGordon S. Rather, Jr.C. Wayne DowdE.W. Brockman, Jr.J.W. Steinsick

LAWYER REFERRAL SERVICE COMMITTEERobert L. Jones, Jr.

ChairmanBob DawsonEtizabeth BrooksLouis J. Longinotti, IIICarl BonnerJames O. BurnettJimmy FeatherstonWilliam W. GreenJames 8. HainenWilliam R. HassPaul JacksonPaul JamesonLarry McCordHenry C. MorrisEarl OimsteadEugene J. MazzantiKenneth ParsleyCurtis E. RickardJohn PurtleJoe MadeyLou is RosteckJerry FaubusJames H. Larrison

George E. KlockDavid B. HorneJohn W. WalkerJohn Steven ClarkH.A. Simpson, Jr.M.J. ProbstJ.A. CrainDon Ki lIebrewAllen RobertsDan BartellRice Van AusdallGerald AsherKeith ArmanWilliam Storey

PAGE 172THE ARKANSAS LAWYER

PRE-LAW ADVISORS COMMITTEEDarrell Hickman

ChairmanJudge Paul WolfeThomas Ark Monroe IIINeva TalleyOscar Davis, Jr.Paul J. HogueLera R. KellyJ. Marvin HolmanThomas LedbetterAllyn C. TatumJay W. Dickey. Jr.Joe BooneOtis H. TurnerJames A. Ross, Jr.Robert Hayes WilliamsLeroy AutreyDoug AndersonWilliam HaughtFred UsserySteve ClarkWilliam ReaRichard SlagleProfessor Robert Brockmann

PREPAID LEGAL SERVICESSilas Brewer

ChairmanJohn WalkerRichard M. PenceJack YoungEugene HarrisJack Sims

PROBATE LAWLeonard Scott

ChairmanHarry E. Meek

Honorary ChairmanJudge Warren KimbroughThomas J. BonnerThomas A. DailyE.L. CullumRichard HippGeorge ProctorJudge Alex SandersonJudge Royce WeisenbergerOliver CleggJ. Marvin HolmanJudge Thomas BullWeems TrussellEdward L. Wright, Jr.Ben C. McMinnAbner McGeheeA. Leon Helms, Jr.Dan HarrelsonJohn PattersonClay Pally, Jr.

PUBLIC INFORMATIONRobert T. Dawson

ChairmanCyril E. Hollingsworth. Jr.

Co-ChairmanJ.V. Spencer, IIIVirginia TackettDonis B. HamiltonJames A. McLartyBill Thompson

JULY,1972

SearcyFort Smith

Magnolialillie Rocklillie Rock

Hot SpringsArkadelphia

ClarksvilleHarrison

BatesvillePine BluffJonesboro

ArkadelphiaMonticello

RussellvilleTexarkana

HelenaLittle RockLittle Rock

Brinkleylillie Rock

Hot SpringsFayelleville

lillie RockLittle RockLittle Rocklillie RockPine Bluff

Lillie Rock

Litlle Rock

lillie RockFort Smithlillie RockFort Smithlillie RockFayelleville

AugustaTexarkana

HopeMagnolia

Clarksvi lieFayellevi lie

Fordycelillie Rocklillie Rocklillie Rocklillie RockPine BluffClarksvillelillie Rock

Fort Smith

Little RockEI Dorado

lillie RockParagould

NewportFort Smith

James ButtryDent Gitche ISam HighsmithOhmer C. Burnside, Jr.Thomas W. CardinGeorge E. KlockMike BarrierOmar GreeneF.H. MartinR.S. Weisenberger, Jr.John R. BuzbeePaul Benham, IIILarry WallaceBob DawsonJeff StarlingCharles Plunkett

REAL ESTATE LAW COMMITTEEMarvin D. Thaxton

ChairmanWilliam NashEugene HarrisJUdge Richard MobleyE. Dematt HendersonJUdge Alex SandersonGuy Amsler, Jr.Charles L. GocioJ. Gayle WindsorEdward L. Wright, Jr.William L. BlairRobert W. VaterJames H. McKenzieMrs. Elizabeth YoungC.E. RayCharles MatthewsJUdge Ernie WrightEd McCorkleGayle K. Ford

RETIREMENT PLAN (KEOUGH)John L. Rush

ChairmanTed N. DrakeJohn SeligOIL ChoateWilliam I. PrewittJay DickeyClint HueyHugh HardinJames A. PateWalter DavidsonW. T. Kelly

RESOLUTIONS COMMITTEEJudge Charles Light

ChairmanDean Robert WrightJames W. CherryLowber Hendricks, Jr.J. H. LookadooClayton LittleJohn WilsonJudge Henry BrittEdward RubensJohn R. CiaytonC. Wayne DowdDouglas ParkerRalph WilsonJ. L. KiddPau I PendletonBerl S. SmithHenry Spitzberg

Little RockLittle Rock

BatesvilleLake Village

JonesboroFort SmithLittle RockLittle RockFayettevi lieTexarkana

Little RockLittie Rock

North Little RockNorth Little Rock

Pine BluffCamden

NewportLittle RockPine Bluff

RussellvilleLittle RockTexarkana

Little RockBentonvilleLittle RockLittle RockLittle RockFort Smith

PrescottLittle Rock

MariannaLittle Rock

HarrisonArkadeiphia

Mount Ida

Pine BluffPine Bluff

Little RockMagnolia

EI DoradoPine Biuff

WarrenFort SmithLittle RockLittle RockLittle Rock

ParagouldNorman, Oklahoma

Little RockLittle Rock

ArkadelphiaBentonville

HopeHot Springs

West MemphisDumas

TexarkanaFort SmithLittle RockLittle RockPine BluffJonesboroLittle Rock

PAGE 173

SPECIAL COMMITTEE ON CORRECTIONSJohn T. Lavey

ChairmanRichard L. MaysMarion S. GillDon M. SchnipperWilliam C. BridgforthJohn LinebergerOdell C. Carter

STANDARDS FOR ADMINISTRATIONOF CRIMINAL JUSTICE

Robert FaulknerChairman

Edwin R. BethuneJudge Steele HaysJUdge Melvin MayfieldJudge Bobby SteelJudge William EnfieldRobert J. BrownKaneaster Hodges, Jr.Frank WynneRobert F. Fussell

lillie Rocklillie Rock

DumasHot Springs

Pine BluffFayetteville

Star Cify

Little RockSearcy

Lillie RockEI Dorado

NashvilleBentonvilleLillie Rock

NewportFordyce

lillie Rock

Phillip KaplanH. William AllenJustice John FoglemanJack Holt, Jr.William H. HowellComrade KnautsTom TinnonWilson F. WebsterWilliam G. MyersJohn H. HaleyJames Guy TuckerEugene Matthews, Jr.

UNIFORM LAWS COMMITTEEJ.C. Deacon

ChairmanPhillip CarrollWilliam S. ArnoldJoe C. BarrettRobert A. LeflarMarcus HalbrookCourtney C. Crouch

Little Rock

lillie Rocklillie RockLittle RockTexarkana

PiggollMountain Home

JonesboroFayellevi lielillie Rocklillie Rock

Hot Springs

Jonesborolillie Rock

CrossettJonesboro

Fayellevillelillie RockSpringdale

Arkansas Bar FoundationOFFICERSChairman Edward Lester

1330 Tower Buildinglillie Rock, Ark. 72201

Secretary·Treasurer

Vice-Chairman

John F. Stroud, Jr.State Line Plaza

Texarkana, Ark. 75501

Philip S. Anderson2200 Worthen Bank Building

Little Rock, Ark. 72201

EX-OFFICIOHenry Woods, President, Arkansas Bar Association

DIRECTORSEdward LesterW. S. MitchellJames A. Ross, Sr.Phillip CarrollRobert L. Jones, Jr.James B. SharpOliver CleggJohn F. Stroud, Jr.

19731973197319731973197319731974

Little Rocklillie RockMonticellolillie RockFort Smith

BrinkleyMagnolia

Texarkana

Philip S. AndersonAlbert GravesRobert BranchKaneaster Hodges, Jr.Courtney C. CrouchE. Harley Cox, Jr.

197419741974197419741974

Little RockHope

ParagouldNewport

SpringdalePine Bluft

AWARDS COMMITTEEEX-OFFICIO MEMBERSChairman, Arkansas Bar Foundation - Edward LesterPresident, Arkansas Bar Association - Henry WoodsChairman, State Judicial Council - presently JUdge TerrySheil; as of October Judge Harrell SimpsonChairman, Association's Executive Council - James B.SharpChairman, Young Lawyers Section - Richard Hatfield

BUILDING COMMITTEEJohn P. Gill,

ChairmanJohn F. Stroud, Jr.Don SmithComer BoyettBoyce LoveJames B. SharpWilliam J, WynneDavid Solomon

Little RockTexarkanaPine Bluff

SearcyLittle Rock

BrinkleyEI Dorado

Helena

Julian FoglemanPhilip S. AndersonHugh R. KincaidC. R. Warner, Jr,

MEMORIALS COMMITTEEW. S. Mitchell,

ChairmanJames PilkintonFred PickettBen McMinnFranklin H. WilderJ. V. Spencer, III

ELECTION OF FELLOWS COMMITTEEJames Ross, Sr"

ChairmanJames E. WestBruce BullionOscar Fendler

West MemphisLittle RockFayettevilleFort Smith

little RockHope

Ashdownlittle RockFort SmithEI Dorado

MonticelloFort Smithlittle RockBlytheville

PAGE 174 THE ARKANSAS LAWYER

Edward P. JonesWilliam M. MoorheadJ. Gaston WilliamsonEugene Mazzanti

FINANCE COMMITTEEWilliam H. Sutton,

ChairmanByron EisemanJeptha EvansFrank Cox

EI DoradoStuttgart

Little RockLittle Rock

Little RockLittle RockBooneville

Little Rock

John L. JohnsonDonald Nance

PLANS AND PROGRAMS COMMITTEEJ. C. Deacon,

ChairmanPhillip CarrollH. Wm. AllenRobert H. HolmesSidney P. Davis, Jr.

Little RockLittle Rock

JonesboroLittle RockLittle RockPine Bluff

Fayettevi lie

local Bar Associations

CONWAY COUNTY BAR ASSOCIATIONPresident Nathan G. GordonSecretary-Treasurer Charles H. Eddy

ARKANSAS ASSOCIATIONPresidentVice-PresidentRecording SecretaryCorresponding SecretaryTreasurer

OF WOMEN LAWYERSVirginia Gates

Thelma VollmanAlma Lowrey

Dorothy HowardRebecca Norton

Vice-PresidentSecretary-Treasu rer

Larry ChandlerBill Jennings

COLUMBIA COUNTY BAR ASSOCIATIONPresident Ark Monroe

CHICOT COUNTY BAR ASSOCIATIONPresident W. K. Grubbs, Sr.

John W. ColeJoe Swaty

Harold King

George HartjeBill ClarkBill Brazil

Bill AdairC. W. Knauts

John C. Gregg

Everett ProctorJames C. Luker, Jr.

J. L. Shaver, Jr.

ASSOCIATIONFloyd G. RogersDavid O. PartainDarrell Johnson

CRAIGHEAD COUNTY BAR ASSOCIATIONPresident David N. LaserVice-President Frank LadySecretary-Treasurer Troy Henry

CRITTENDEN COUNTY BAR ASSOCIATIONPresident Chadd L. DurrettVice-President Joe RogersSecretary-Treasurer Donald Forrest

CROSS COUNTY BAR ASSOCIATIONPresidentVice-PresidentSecretary-Treasu rer

GREE.NE-CLAY COUNTY BAR ASSOCIATIONPresidentVice-PresidentSecretary-Treasu rer

FAULKNER COUNTY BAR ASSOCIATIONPresidentVice-PresidentSecretary-Treasu rer

CRAWFORD COUNTY BARPresidentVice-PresidentSecretary-Treasu rer

GRANT COUNTY BAR ASSOCIATIONPresidentVice-PresidentSecretary-Treasu rer

EIGHTH CHANCERY BAR ASSOCIATIONPresident Leroy BlankenshipVice-President Grey DellingeSecretary-Treasurer Ruthel Heasley

GARLAND COUNTY BAR ASSOCIATIONPresident Robert D. RidgewayVice-President Scott CampbellSecretary-Treasurer Regina W. Johns

Leon BurrowDon Prevallet

Bill Ross

Don KillebrewJim HendrenDon Kendall

Tom HaleyRobert C. Vittitow

Paul K. Roberts

ASSOCIATION

BAR ASSOCIATIONEarl N. Olmstead

Leon ReedCarl B. McSpadden

BAR ASSOCIATIONRoger V. Logan, Jr.

Gene C. CampbellButord M. Gardner

COUNTY BAR ASSOCIATIONFrank Huckaba

Gordon F. Engeler, Jr.James C. Johnson

COUNTY BAR ASSOCIATIONJ. W. Green, Jr.

Virgil Moncrief

CLEBURNE COUNTYPresidentVice-PresidentSecretary-Treasu rer

CLARK COUNTY BAR ASSOCIATIONPresident John W. SimmonsVice-President Bobby W. SandersSecretary-Treasurer Dwain Needham

BRADLEY COUNTY BARPresidentVice-PresidentSecretary-Treasu rer

BOONE-NEWTONPresidentVice-PresidentSecretary-Treasu rer

BLYTHEVILLE BAR ASSOCIATIONPresidentVice-PresidentSecretary-Treasu rer

BENTON COUNTY BAR ASSOCIATIONPresidentVice-PresidentSecretary-Treasu rer

BAXTER-MARIONPresidentVice-PresidentSecretary-Treasu rer

ARKANSASPresidentSecretary-Treasu rer

JULY, 1972 PAGE 175

PAGE 176

POINSETT COUNTY BAR ASSOCIATIONPresident Henry Wilson

Gladys WiedTed Donham

Robert LindseyPhilip E. DixonJohn Bilheimer

Camack SullivanW. G. Wiley

E. A. Causbie

John O. RaffaelliLeRoy Autrey

John GreenPhillip Purifoy

R. M. PriddyWilliam R. Bullock

John Harris

Burk DabneyH. L. Melhvin

Joe H. HardegreeRobert L. Shaw

James O. Emerson

ASSOCIATIONJames M. Baker

Thomas S. Streetman

ASSOCIATIONFrank Waters

William W. BassettEster White

THE ARKANSAS LAWYER

ASSOCIATIONFletcher Long, Jr.

John MannPhil Hicky

ASSOCIATIONDon CallawayWayne Harris

Robert L. Jones, III

ASSOCIATIONJames V. Spencer, III

Michael F. MahonyWallace M. Moody

JUDICIAL DISTRICT BAR ASSOCIATIONCharles Plunkett

Searcy HarrellAllen Roberts

POLK COUNTY BAR ASSOCIATIONPresidentVice-PresidentSec retary-Treasu rer

Vice-PresidentSecretary-Treasu rer

ST. FRANCIS COUNTY BARPresidentVice-PresidentSecretary-Treasu rer

PULASKI COUNTY BAR ASSOCIATIONPresidentVice-PresidentSecretary-Treasu rer

POPE-YELL BAR ASSOCIATIONPresidentVice-PresidentSecretary-Treasu rer

THIRTEENTHPresidentVice-PresidentSecretary-Treasu rer

SEBASTIAN COUNTY BARPresidentVice-PresidentSecretary-Treasu rer

TEXARKANA BAR ASSOCIATIONPresidentVice-PresidentSecretaryTreasurer

UNION COUNTY BARPresidentVice-PresidentSecretary-Treasu rer

SOUTHEAST ARKANSAS BARPresidentSecretary-Treasu rer

SOUTHWEST ARKANSAS BAR ASSOCIATIONPresident W. H. Arnold, IIIVice-President Fred Embry PickettSecretary-Treasurer Talbot Field, Jr.

SALINE COUNTY BAR ASSOCIATIONPresidentSecretary-Treasu rer

TRI-COUNTY BAR ASSOCIATIONPresidentVice-PresidentSecretary-Treasu rer

WASHINGTON COUNTY BARPresidentVice-PresidentSecretary-Treasu rer

W. H. DaggettCarrold E. RayDan Fellon, III

E. M. OwensJohn G. Lile, III

John Rush

Ralph E. WilsonMitchell Moore

David Burnett

Tim F. WatsonClaude M. Erwin

Max O. Bowie

Lindell HileJimmy L. Featherston

ASSOCIATIONLarry C. Wallace

Lesley W. MattinglyJudith Rogers

ASSOCIATIONMitchell Moore

E. L. MaddoxDavid Burnett

COUNTY BAR ASSOCIATIONHarry L. Ponder

Harrell A. Simpson, Jr.Tom L. Hilburn

John M. Pittman

BAR ASSOCIATIONW. G. Dinning, Jr.

PIKE COUNTY BAR ASSOCIATIONPresidentSecretary-Treasurer

PHILLIPS COUNTYPresidentVice-PresidentSecretary-Treasu rer

OSCEOLA BAR ASSOCIATIONPresidentVice-PresidentSecretary-Treasu rer

NORTHEAST ARKANSAS BARPresidentVice-PresidentSecretary-Treasu rer

LEE COUNTY BAR ASSOCIATIONPresidentVice-PresidentSecretary-Treasu rer

OUACHITA COUNTY BAR ASSOCIATIONPresident Searcy W. Harrell, Jr.Vice-President Ralph FaulknerSecretary-Treasurer Robert S. Laney

JEFFERSON COUNTY BAR ASSOCIATIONPresidentVice-PresidentSecretary-Treasu rer

NORTH PULASKI COUNTY BARPresidentVice-PresidentSecretary-Treasu rer

JACKSON COUNTY BAR ASSOCIATIONPresidentVice-PresidentSecretary-Treasu rer

LAWRENCE-RANDOLPHPresidentVice-PresidentSecretary-Treasu rer

INDEPENDENCE COUNTY BAR ASSOCIATIONPresident Allyn C. TatumVice-President Bill H. WalmsleySecretary-Treasurer Bernice McSpadden

HOT SPRING COUNTY BAR ASSOCIATIONPresident James C. ColeVice-President Joe W. McCoySecretary-Treasurer W. C. Gilliam

HEMPSTEAD COUNTY BAR ASSOCIATIONPresident Larry S. PattersonSecretary-Treasurer John Robert Graves

JLike ctC.ctC.ctC. • • •

The "Lawyer's

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~SPringdOleSAVINGS AND LOAN ASSOCIATION

607 West Emma Ave. (501) 751-5701

SPRINGDALE, ARKANSAS 72764

and traders of the late 18th century

to the influx of modern industry which

began in the late 1950's.

Commissioned by the First National

Bank of Fort Smith (Arkansas' oldest

national bank) on the occasion of their

centennial year, Fort Smith Past and

Present is an absorbing book. And its

cost is modest: just $7.95 (plus 3% sales

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edition. (Add 60Q for postage and

handling on mail orders.) Clip the

coupon below, and order your copy

today. You may never get another

chance.

MR. JAMES SPARKS, VICE PRESIDENTFIRST NATIONAL BANK of FORT SMITHSIXTH and GARRISON, FORT SMITH, ARK. 72901

How much doyou really

know about "1Arkansas.

Thousands of history buffs can recite

the story of the capital city, the Delta

region, even the Northwest corner with

its 100-year-old University of Arkansas.

But unless you know the fascinating

background of Fort Smith and the

Arkansas-Indian Territory border area,

you only know half the state's history.

Until this year, it wasn't easy to find

a single source, panoramic survey of

"Hell on the Border" country. Now

there is. Fort Smith, Past and Present;

a Historical Summary is a compact,

easy-reading account of the area's total

history. From the days of prairie Indian

buffalo hunts to the opening of the Port

of Fort Smith. From the French trappers

Please send me copies of your book, Fort Smith, Past and Present. I amenclosing _

NAME _

ADDRESS _

CITY STATE ZlP _

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