MAY 1973 VO l. 7,NO . 3
THE OFFICIAL PUBLICATION OF THE ARKANSAS BAR ASSOCIATION
OFFICERS Henry Woods, President James E. West, Vice·President James M. Moody, Secretary·Treasurer EXECUTIVE DIRECTOR C. E. Ransick EXECUTIVE COUNCil Thomas F. Butt John A. Davis, III Julian B. Fogleman John P. Gill Herman Hamilton W. D. Murphy Dale Price Robert D. Ross Douglas O. Sm ith, Jr. David Solomon Otis H. Turner Robert Hays Williams
(§Ie
Arkansas Lawyer SPECIAL FEATURES 75th Annual Meeting Speakers . . ..................... 104 Client Security Fund . .............. 111 Our Heri tage ...... . . . . . John L. McClellan 112 Law Day USA - May 1, 1973 .. . ............... 116, 158 Arkansas Bar Fo undatio n Briefs . . ... 118 Admissions Ceremony .. . ....... . . .... 157 Sou rces o f Info rma ti on in Private Airc raf t C rash Cases Tom H. Davis 160 8 Civil Trial Practice Seminars ..... . . ..... 164 20th Mid-Year Mee ting Proceedings ...... . .... 165
REGULAR FEATURES Cover Story: Sena tor J o hn L. M c Clellan .... . .......... 121 President's Repo rt ........ . . . . . . . Henry Woods 103 Juris Di c tum .. . ... C. R. Huie 108 Oyez-Oyez . .. .. . . . . . . . . . . . ... B. Ghormley 106 Executive Council Notes .... . . ... . . . . James M . Moody 107 Lawyer 's Mart ................ . ................... 163 Service Direc tory. .. • ...... . . . . . .. 107 In Memoriam ... . ........ . ... 176
Ex-Officio Henry Woods James E. West James M. Moody Paul B. Young Ri chard F. Hatfield James B. Sharp EDITORIAL COMMITTEE Robert D. Ross Ph ilip E. Dixon C. E. Ransick THE ARKANSAS LAWYER
Published bl-monthly by t he Ark ansas Bar ASSOciation, 408 Donaghey Bldg ., lill ie ROCk. Arkansas 72201 . Second cla ss postage paid at lillIe ROCk . Arkan sas . SubsCriptlOn price to non-membe rs 0 1 the Arkansas Bar Association $6.00 per year and to members $2 .00 per year i nclud e d In annual dues. Any opinion expressed herein is that 0 1 the au thor. and not necessarily that 01 the Arkansas Bar ASSOCiation. The Arkansas lawyer . or the EditOrial Committee Contributions to the A rkansas lawyer are welcome and should be sent In two copies to the Arkansas Bar Cent er. 408 Donaghey Bldg .. Little ROCk. Ark ansas 72201
All inquIries regarding advertising should be sent to AdvertiSin g Department. Arkan_ sas lawyer. Post Ollice Box 41 17. No rth llltie Rock . Arkansas 72116.
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ARKANSAS BAR ASSOCIATION
MEDITERRANEAN ADVENTURE
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From $895
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MAY, 1973
BIPOlT By Henry Woods
75th ANNUAL MEETING PROGRAM INTRODUCTION
The 1973 Annual Meeting will dispense with politicians and concern itself enti rely with the law and lawyers. The legal areas to be explored are those "where the action is " - Environmental Law , Commercial Law Class Actions , Tort Law , and Criminal Law . We are bringing you literally the top men in these fields . For instance in the Friday afternoon seminar on Criminal Law moderated by Professor Ray Guzman, there will be Tom Foran , who prosecuted the "Chicago Seven," and Henry Rothblatt , probably the most famous criminal lawyer on the eastern seaboard and counsel for four of the Watergate defendants . The Tort program on Thursday afternoon will be moderated by Bob Leflar, from whom most of us learned our tort law , and will fea ture the incomparable Moe Levine, the trial lawyer extraordinary and au thor of the chapter on Closing Argumen ts in Am . Jur. "Trials " besides articles and books too numerous to men tion . Moe's coun terpar t will be Richard Davis of Dallas , a rising young Texas trial lawyer wh o specializes in the defense of product and aviation cases . Commercial Law Class Ac tions are beginning to dominate the legal scene in many parts of the coun try . No one has achieved more success in the field than Jack Fuchsberg , wh o won the mul ti-million dollar se tt lemen t THE ARKANSAS LAWYER
against the New York hotels for overcharges. On the defense side we will have the brilliant young Houston lawyer , Steve Sussman, product of Yale and law clerk to the late Justice Hugo Black . The moderator on the Friday morning session will be Phil Anderson of Little Rock . Jim Jeans , our panelist on Environmental Law , gave up a career as one of the leading trial lawyers in the midwest to teach at his alma mater. He has become a specialist in environmental law, a status also enjoyed by the able young Mississippian , Hunter Gholson of Columbus, who will be his co-panelist. Richard Arnold of Texarkana will moderate this program on Thursday morning. Our other speakers are just as distinguished . The banquet speaker will be Tom Lamber t, Rhodes Scholar, Chief Assistant to Justice Jackson at the Nuremberg Trials (he presen ted the case against Martin Borman) , protege of Oean Roscoe Pound, and Edi tor Emeritus of the American Trial Lawyers Journal. Mr. Lambert is considered by many to be the finest speaker in the United States . Our Thursday noon speech will be perhaps the timeliest of the convention . Judge Robert Van Pell will discuss the new Federal Rules of Evidence, that are scheduled to go into effect on July 1, 1973. He served on
the Supreme Court Committee that drafted the rules and is recognized as the leading authority in the country on the taw of evidence as apptied in the Federal Courts. Our Friday speaker will be Francis Hare, undoubtedly one of the four or five finest trial lawyers in the country. Francis, a past president of the Alabama Bar and the Internalional Academy of Trial Lawyers, represented "Bear" Bryant in his libel suit against Saturday Evening Post. The entertainment will be superb. Griffin Smith has agreed to present a brand new Gridiron show (the first ever to premiere at Hot Springs and the first in a non-political yea r). Music for the Friday barbeque will be presented by the Arkansas Symphony's German Band and for the dance by " The Common Good." Highlight of the ladies' entertainment will be a champagne brunch featuring historic Arkansas bridal gowns of the last 100 years . The Annual Meeting at Hot Springs will bring together more legal ta lent than has ever been assembled under one roof in the history of Arkansas . These men are superb speakers and great personalities . You will never forgive yourself if you miss the program .
i/-.... Turn page for photos
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75th ANNUAL MEETING
THOMAS A. FORAN " CHICAGO SEVEN" PROSECUTOR
THOMAS F. LAMBERT, JR . FINEST SPEAKER IN U.S.A.
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HENRY B . ROTHBLATT " WATERGATE " COUNSEL
JUDGE ROBERT VAN PELT " NEW FEDERAL RULE S OF EVIDENCE "
• • •
MOE LEVINE TRIAL LAWYER EXTRAORDINARY
FRANCIS H. HARE " THE ROLE OF THE TRIAL LAWYER"
MA Y, 1973
JUNE 6-9, 1973 .
ARLINGTON HOTEL • • HOT SPRINGS, ARKANSAS
W. RI CHARD DAVIS PRODU C T AND AVIATION CA SES
JACOB D. FUCHS BERG CLASS A C TION SPECIALIST
STEPHEN D. SUSSMAN BRILLIANT HOUSTON LAWYER
PROFESSOR JAMES JEANS TWO TREMENDOUS C AREERS
HUNTER A. GHOLSON EN VIRONMENTAL LAW SPECIALIST
DEAN ROBERT A. LEFLAR MASTER OF TORT LAW
TH E ARKANSAS LAWYER
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By ll . Ghormley
(Editor's Note : - It is with regret that we note this OYEZ-OYEZ! wiff be the last column authored by Barbara Ghormley, our Membership Secretary for some 7 years . Barbara has resigned to accept another position at higher pay and closer to her home. We all wish her the very best - in all things .)
Sam Perroni is the new President of the Studen t Bar Association at the Li ttle Rock Divisio n of the Un ivers ity of Arkansas Law Schoo l. James A. Ross , M o n ticell o , was named in March by Gov. Bumpers to serve as Special Chief Justice of a special court to try two cases. Gordon F. Engeler, Jr., Moun tain Home, has been appo i n ted by Chesterfield Smith, incom ing Presiden t of the America n Bar Associati on, to serve a one-year term on the Adviso ry Com mi tt ee to the Standing Co mmittee on Educa tion . Denver L. Thornton , EI Dorado, in Marc h rece ived a direct co mmissio n as Cap tain . USAR , Judge 106
. Advo ca te General Co rps . Richard S. Arnold , Texarkana, was apP o in ted in March by Gov. Bumpers to a 10-year term on the Board of Trustees of the Universi ty of Arkansas. Joe D. Woodward , Magnolia, has been appointed by Gov. Bumpers to the state Racing Commission fo r a term of 5 years. Larry Chandler, a member of the Mag no lia Ro tary Club, toured the southern half o f New Zealand on behalf of the club. Gene Rail was a guest speaker at the annual Awards Banquet of the Augusta Jaycees held in March . Circui t Judge Randall L. Williams , Pine Bluff, spoke to the West Pine Bluff Ro tary Club during its March mee l ing . Harry Foltz is the legal aid atto rney for the Sebastain Coun ty Legal Aid Office which opened futltime in February. The North Pulaski C o unty Bar Associa t ion presen ted fo ur histo rical American documen ts to the Non-Commissioned Officer'S Leadersh ip Schoo l at the Air Fo rce Base during its March graduation. B. Jeffery Pence is now asso ciated w it h the Li tt le Rock law firm , Bailey, Trimble & Holt. John W. Parkerson, fo rmerly associated wi th Lewis & Mi tchell , is now associated wi th Glover & Sanders of Hot Springs . Mark E. Woolsey, former Chairman of the Arkansas Workman 's Compensati on Commissi o n, is back in Ozark and has o pened a law office on a parttime basis . The law firm of Lady, Webb & Johnson , Jonesboro, has opened a branch office in Trumann and Kelley W. Webb will practice in the Trumann office . Tom Hilburn, formerly with Ponder, Lingo & Hilburn , has established his own law office in the
Bridges Building , Walnut Ridge. Jim Mixon, formerly wi th the Arkansas Departmen t of Finance & Administration , is now in private practice loca ted at 1200 W. Park Drive, Sui te 308, Li tt le Rock . The law firm of Lester & Shults, Litlle Rock , is now associa ted with Thomas M. Bramhall, 801 Tower Building . David Pryor has opened a law office at 1102 Wor then Bank Building , Little Rock . The law firm of Davidson, Plastiras & Horne, Ltd., li ttle Rock , has announced tha t James T. Pitts has bec o me associa ted wi th the firm and U. A. Gentry is Of Counsel. Fred H . Harrison is n ow associated wi th Thomas E. Downie at 810 Tower Building , Li tt le Rock . Judge John E. Miller, Fort Smi th , has been chosen by the Sou thwestern Legal Foundatio n of Dallas to receive the Hatton W. Summers Award for 1973. Jean Woolfolk, little Rock , has been nominated as the next moderator of the 1.4 mjllion~member Christian Church (Disciples o f Christ). Thomas J. Bonner, Little Rock , has been elected President of Stebbins & Roberts, Inc. Eugene O ' Danie., Jr., Little Rock , has been appointed an assistant United States attorney for the Eastern District of Arkansas. Paul C. Rawlings has been appOinted an administrative law judge in the Bureau of Hearings and Appeals of the Social Security Administration in Hattiesburg, Mississippi. William C. Brldgforth of Pin t Bluff, has been elected to the Board of Directors of First Southern Service Corporation . The Student Bar Association of the University of Arkansas Law School at Little Rock has made Henry Woods an Honorary Member. Robert Branch of Paragould , a member of the Arkansas Bar Association Speakers Bureau , addressed the Jonesboro Lions Club on " The Importance of Executing a Will ", Another member of our Speakers Bureau , Mike Huckaby of Little Rock, addressed the Little Rock South Kiwanis ClUb.
MAY, 1973
EXECUTIVE COUNCIL NOTES By James M. Moody Secretary-Treasurer
The Arkansas Legislature recessed on April 5 bu t not before passage of 26 bills sponsored by the Bar Asso ciation. One of these bills, the creation of another position for Circuit Judge in the Fifth Judicial District , was vetoed by the governor and an effort to override his veto failed . One of the bills which passed to bec ome Act 207 permits a charge of 7Sc on all cases for benefil of legal education and is critical to the continued successful operations of the two law schools. The Execu tive Council expresses its appreciation to each member of the Bar for your cooperation and assistance in contac ting your respec tive legislators when called upon. At its regular meeting in Li tt le Rock on March 17, Presiden t Henry Woods
repo rted to the Executive Council that he had raised an additional $21,000 for the Bar Center Fund Drive bu t that additional funds were needed to meet the presen t commitments. These additional funds can best be raised through contributions for memo rials f o r prominent deceased lawyers whose names will be inscribed in red marble around a border of the lobby in the Bar Center. A contribution for each memorial is $1,000 and will be tax deduc tible. A special committee comprised of all o f the members o f the House of Delegates has been apPointed to contact possible contributors and will be calling on you soon for help. The dale fo r t he scheduled Medi te rranean Adven tu re c ru ise has
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been changed from October 5, 1973 to September 23, 1973. Those lawyers recently passing the Bar examination were admitted to the Bar at an admission ceremony on April 16. Following the ceremony, there was a luncheon honoring the new admittees. Sebastian Coun ty has au thorized an appropriation for apPointment of a full-time legal aid attorney . Harry Fol tz has received the appOintmen t and will main tain an office in the Sebastian County Law Library . As of March 14, 1973, there were 1,709 active and current members of the Bar Associatio n compared to 1,544 a year ago.
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JURIS DICTUM by C.R. HUi e ExecutIve Secretary. Judicial Department
The problem o f federal habeas corpus and the fInali ty of state criminal proceedings which has bese t both state and federal Arkansas judges in recent years was the subject of an in depth discussion by Robert J. Martineau, Circuit Executive, U.S. Court o f Appeals fo r the Eigh th Circuit, at a recent meetmg of the Arkansas StateFederal JudiCial Council. Mr . Mar tin eau ca me to the Co ur t of Appeals with an impressive backgroun d . He IS a native o f Wisconsin , graduated from Holy Cro ss College in Wo rces ter, Massachuse tt s in 1956 and received his J .D. degree from the University o f Chicago Law School in 1959. While in law scho o l he was associ ate editor o f the University of Chicago Law Review . In 1959 -60 he served as law clerk to Chie f Judge Frederi c k W. Brune of th e Maryland Court of Appeals . From 1960 unlit 1968 he prac ticed law in Maryland , first as an associate wi th a large firm in Bal ti mo re , then as an assistan t atto rney general of Maryland. and la ter as a par tn er in a small firm In Wes tminster. Maryland . He served as c hairman o f the judiciary committee o f the Maryland C onstitutional Convenllon Commission and was sec retary o f the 1967-68 Maryland Constitutiona l Convention. In 1968 he was appointed as a professor o f law at the Universi ty o f Io wa and in 1971-72 was a visi ting professor of law at New York University and Director of Appellate Court Studies for the Institute Of Judicial Administra tio n. He assumed his persen t po si tion as Circui t Exe cutive on Sep tember 1. 1972. He has at vari ou s times been a vicepresiden t o f the Maryland State Bar Asso ci atio n and a member of the Board of Direct o rs o f the Amer ican Judicature SOC ie ty. He is presenll y a member o f the American Bar Association SpeCial Committee to obtain adoption o f the Code of Judicial Conduct. He has w rit ten extensively in the areas of state and local govern ment and judiCial administra tion.
108
He presentl y resides in SI. Louis, Misso uri w it h his wife and fo ur children . II is his understanding tha t he is rela ted , allhough o bscurely , to fo rmer Arkansas Governor and former federal district Judge John E. Martineau . Me Martineau 's appearance before the Arkansas State-Federal judicial Counci l was obtained through the good offices of Honorable Pa t Mehaffy, Judge. U.S. Circui t Court of Appeals for the Eighth Circui t. Judge Mehaffy is vice-chairman o f the Council , Chief Justice Carleton Harris is chairman . Mr. Martineau's address should be of interest to all Arkansas lawyers , bu t primarily to circuit judges . prosecu ting attorneys and those atto rneys engaged in the defense of criminal
cases . The firsl portion o f Mr. Martineau 's address follows in this issue of The Arkansas Lawyer ; the second po rtio n will appear in t he next issue. Federal Habeas Corpus and Finality of Arkansas Criminal Proceedings apprecia te very much th e opportunity to speak to this gathering o f the State and Federal Judges in Arkansas concerning the problem of Federal Habeas Corpus and the Final ity o f Sta te Criminal Proceed in gs . Th is problem is the one which, probably more than any other. brough t abou t the call fo r the creation o f StateFederal Judicial Councils In each o f the states . There is no doubt tha t the review o f stale crimmal convicllons by federal distric t Judges as a result o f habeas corpus petitio ns filed in the federal courts has done more to disturb traditi onal friendly relations between state and federal courts than any oth er single fac to r. My purpose here. o f course, is not to lay the blame fo r this pro blem o r to pro pose some new and starlling proc edure o r theory to eliminate it. Others have done th is in the past and will do so agam . My fun ct io n here IS. rather. much mo re limited . 1\ IS to rev iew with you in a very brief form first. the federal standards and procedures which have been established by the Supreme Court and federal sta tut e and which must be enforced by the federal district courts and courts o f appeals in measuring the constitutional validity of state criminal convictions and second, what the courts of Arkansas can
do to ensura tha t their proceedings are no t the subjec t of eviden ti ary hearings in the federal courts. In other words , to sugges t what can be done at the state level to elimina te insofar as is possib le the problem at the federal level. In considering this to pic it is inte resting to note that the problem o f habeas corpus peti tio ns in the federal courts by slate priso ners is not new. In fac t, the language o f 28 U.S.C . Seclion 2254, the section applicable to habeas corpus petitio ns by persons convicted in sl ate courts, was revised in 1948 to requ ire exhaustion o f stat e remedies on the basis of a study by a committee headed by Ch ief Judge John Parker of the United States Cour t of Appeals for the Fourth Circuit in an effort to reduce the abuse of federal habeas corpus by state prisoners (see Parker, Limiting the Abuse of Habeas Corpus , 8 F.R.D. 171 (1948) ). The 1948 revision cou ld be effec tive , however, on ly if the sta tes had an adequate post-co nvic tion procedure . Bu l it was no t until 1955 that the Commis sioners on Unifo rm State Laws proposed a Uniform Post-Conviclion Pr ocedure Ac t. Unfortunately. this Ac t was adopted by o nly four states. The resul t was the 1963 decisions by th e Supreme C ou rt, Fay v. Noia, Town路 send v . Sain , and Sanders v . United States (3 72 U.S. 391, 372 U.S. 293, 373 U.S . 1). Las! week in fac l was the ten th anniversary o f th e first tw o of these deCISi o ns. The C o mmissi on ers on Uniform Laws then prepared a revised Uniform Po st- Conviclion Pr oc edure Act in 1965 and Congress in 1966 added additional language to Section 2254 10 incorporate much of Townsend v . Sain and to clarify when a federal court must ho ld an eviden tiary hear-
Ing . Stat is tics rep or ted by the Direc to r o f the Adm inis trative Office o f the U.S. Courts sh o w the effect o f these changes in th e law . In 1961 , 1.020 habeas corpus pe tit ion s by state Priso ners were filed in the district courts. By 1966 th is number increased to 5.339 and in 1970 rea ch ed its apex o f 9,063. In the last two years th e number has fallen off to 8 .372 in 1971 and 7,949 in 1972. Before anyone becomes to enc o uraged abou t this , however, it sh ou ld also be no ted th aI mandamus Continued on page 109
MAY, 1973
Continued from page 108
and civil rights petitions by slate prisoners have been Increasing since 1970 from 2.749 in the year to 4.139 in 1972. The situation in Arkansas has not followed the nalional pallern in that allhough habeas corpus pe titions increased dramalically form 1965 until 1970 (22 to 97). the 1972 figures show 106 petitions we re filed . The mand am us and civi I rights petitions have increased even more dramatically than the national figures since 1970 with 11 petitions being filed in that year and 52 in 1972. The decrease in the number of habeas corpus petitions by state prisoners nationally has been traced by others to the improvement of both trial and post-conviction procedures in many of the states. These improved procedures have in turn been traced to an acceptance by slate judges of the necessity for , if not the desirability of, complying with the requiremen ts of the Federal Constitution for a state criminal conviction as defined by the federal courts and the establishment of state procedures for considering complaints of slate prisoners that th eir convictions were unconstitulionally obtained . The experience in Minnesota (Chief Justice Knutson , State Federal Relations in Minnesota, 50 F.R.D. 429 (1970)) . Missouri (Chief Justice Finch , Post Conviction Proceedings Under Missouri Supreme Court Rule 27 , 26, 50 F.R.D. 437 (1970)). and other states lends strong support to the proposition that the states can best preserve Ihe Inlegrlly of Ih e ludgments of thelf courts in criminal cases by. (1) a meticulous observance of the procedural rights of the accused at the o riginal Irial . (2) the developmen l of a record to support this observance, (3) an effective procedure for a prisoner to challenge his conviction , and. (4) the making of an adequate record showing the fac tua l bases for the rejeclion of a prisoner 's claim. The best way to understand the Ihree 1963 cases. Nola, Townsend and Sander. , is to review briefly each case and its basic holdings. A far more extensive review has been made by Chief Judge Wltllam Becker of the Western District of Missouri in an article printed in 33 F.R.D. 452. I recommend it to you . The Nola case inVOlved a petitioner who had been convic ted o f murder with a confession the sole evidence. Because he had not appealed from his original conviction. he was denied the right to press in the state court a poslconviction claim that his confession was coerced . The Supreme Court held Iha t:
THE ARKANSAS LAWYER
(1) The principle tha t federal habeas corpus was no t available to a state prisoner unless he had sought review of hiS conviction by cerlioran In the U.S. Supreme Court was overru led ; (2) The conditioning of federal relief on the exhaustion o f slate remedies was limited 10 the exhaustion of those sl ate remedies currently available , not those that may have been available at some time in the past ; (3) A federal ludge has a timited discretion 10 deny relief 10 a pelitioner who has deliberately bypassed, and thereby forfeited, his
sl ate remedies ; (4) Noia. who did nol appeat because he did not wish to burden hiS family with the cost and because he was afraid If he were unsuccessful he migh t be re tned . convicted again , and sen tenced to death , was held no t to have made an intelligent and understanding waiver of his fight to appeal and thus entilled to have his petition considered on the merits. The case was compl1cated by the fact that it was conceded that Noia 's confession was coerced. and that hiS two codefendan ts had been released . (to be continued)
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CLIENT SECURITY FUND Though holding larger trusts than al/ other vocations combined, and without security, the record of the legal profession in its fiduciary relations is of unexampled purity . - CHAUNCEY M . DEPEW
THE ARKANSAS SUPREME COURT
By Per Curiam Order, dated April 30, 1973, the Arkansas Supreme Court has ordered thaI " The Clien t Security Fund be crea ted , to be administered by a special c ommittee of the Slale Bar of Arkansas, for the purpose of protecting clients from losses caused by the dishones t conduc t of members o f the S tate Bar o f Arkansas." The Cour t' s Order fOllowed the Pe til io n fi led by the Arkansas Bar Assoc ialio n. The C lien t Securi ty Fund Co mmi tt ee will be co mp osed o f five lawyers . o ne fro m ea ch Con gressional Distric t and one fro m the Sl ate al large . T he C o mmi tt ee wi ll be empowered to issue summ a nes and subp oenas : and is autho r ized 1o co nsider c laims for lo sses fro m defalcatio ns occ urring af ter th e effeclive dale o f the Order, pro vided the lawyer invo lved has been d isbarred o r suspended . o r has resigned from the prac tice o f law . All claims must be reTHE ARKANSAS LAWYER
ferred 10 the Commi tl ee by the C ommi tl ee on Professional Condu ct. The Clien t Security Fund Commit tee will have comple te discre tion in de termining the order and manner o f paymen t of claims . The maximum all owable is sel at $5000 per claim . Reimbursemen ts are a mailer o f grace - not o f righ t. A t least yearly rep o rts will be provided to the Co urt. The Arkansas Bar Associa tion, by vo luntary c on tribuli o n from its members is co n tribu ti ng $10,000 to the Fund. An equal am o unt will be transferred from the surplus derived from the annual license fees of attorneys co llec ted fro m January 1, 1972. The Fund will be financed in fu ture years by $2 from each su c h fee p aid . The Order is effeclive May 21 , 1973 in the ab sen c e o f sh o w ing o f good c au se why it should not become final. In a recen t address befo re the Arkansas Bar Associalion , Chairman J . Stanley Mull in of the ABA Commi tt ee
on Clien ts' Securi ty Fund c o nc luded 1. A Clien ts ' Security Fund is n ot just a chari table o r eleemosynary ac t; it is a step taken to assure our continued self-governance of our profession . 2. The number and amount of losse s are small co mpared to the lol al num路 ber of lawyers and the funds they handle. The act u al per lawyer c ost o f reimbursing clien l s for their losses is sm all. 3. If we assume this respo nsibili ty, the public will gain grea ter assuran c e in dealing with us, and ho pefully o ur image may gain some o f the luster Ihat we would like it to have . Actu all y, the legal pro fessi o n is the only known group which provides protec tion to the public in this manner reimbursing clien ts as far as possible in th ose few cases in wh ich lawyers be tray their trust and misappropria te funds .
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Our Heritage
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Senator John L. McClellan (Remarks at the Symposium '71 , Associated Students, University of Arkan sas , Fayetteville. Arkansas.) Dem ocracy is nol easily defined . II can be as stern as a taskmaster, as lo lerant as a dot ing paren t, as indifferen t as the w ind , o r as exac t as a ma thema tical fo rmula . Fo r democracy is the peo ple. II is in tended to operate as a comp osite of their will and purpose. Bo rn by a revo lutio n, America 's democracy w as designed , through partic ipato ry g o vernmen t, to preven t the pro babili ty o f and the need fo r fu ture revo lu tio ns. Our democracy was fash io ned from the fear of tyranny and hardened in the cru ci ble of battle . The quest o f o ur fo unding fathers fo r liberty and independen ce was co mpelling and i ns p i red . Their w isd om w as pro found and deep , and their fo resigh t was sweeping , indeed . The so urce o f tha t wisd o m was their trust in Gad . The ir fo resigh t sprang from their fai th in the individual and their respec t for the digni ty o f man . They had fai th in man 's c o mmon sense ; in h is c apac ity fo r c o mpassi o n ; and in his sen se o f justice, du ty, and ded icatio n. They believed in man 's in dividual wo rth bot h to the st ate and to SOCi e ty. Time and subsequen t even ts have vindica ted their judgemen t and gen erou sl y rew arded their c rea tive ingenui ty. The nali o n th ey establ ished - our na tio n qUIckly grew stro ng and prospero us. In the nearly 200 years o f it s ex isten ce , it has survived the tragedies o f war, the depriva tio ns o f depressi on. the virus o f c ivil vi o lence , and the attemp ts at subversion by WOUld - be anarchists and rev o lutio naries. We have su rvived all o f tha t and f o rg e d ahead to a pre -eminen t positi o n o f p ower and to an era o f unpreceden ted affl uen ce. Bu t, we have no t ac hieved Uto pia , and we never will. Ut o pia is still locked in the book o f fic tio n and beyond the achievemen t o f man 's c apabilities. So, there has always been and there will always be room and need fo r im pro vemen t in our system and the challenge and du ty 10 make changes tha t impro ve and streng then it devolve upo n each su cc eed ing generatio n o f Americans and their go vernmen tal o ffi c ials. 11 2
Ou t o f these resp o nsibili ti es and be c au se o f the requiremen ts fo r na tional defense and sec urity, issues co nst an tly arise th aI must be reso lved by the due pro cesses o f legisla tive, adm inistrat ive, and judicial ac tio n. These is sues and the pr o blems assoc iat ed therew it h have grea tly mul tiplied and i ntensified . They have i n c reased pro p o r tio na tely to o ur po pulatio n gro wth , to the sc ien tific and tec hn o lo gic al pro gress we have made, and to the eco no mic streng th and mili tary p ostu re tha t we have at tained . When o ur g overnmen t was founded , it was largely a matt er o f determining ho w man 's b asi c ind ivid ual liber ties and the fundamen tal principles o f justic e and democracy co uld best be established and preserved by Constitu ti o nal Governmen t. At l imes, it may appear that our Co nstitu tio n is a simple document wh ich was easy to fo rmulate and o ne tha t sh ould be easy 10 in terpret. Ho wever , tha t just is not true. Its adaptation and applica ti on to conditions arising out of our contemp o rary s oci e t y , ec o nomic progress , and big governmen t have co mplica ted and made d iffic ult ils interpre tati o n. Thus, th ere is the everin creas in g temp tation to yield to the exped iency o f strain ed co nstru ctio n. Bu t, I do not believe that we can fo rsake the sp iri t and ig no re the in ten t o f ou r Constitut ion, aband on it s fundamen tals, o r give it expedien t interpre tatio ns so as to acco mm odate so me transien t po pular w ill o r to achieve immedi at el y desired goals, ho wever wo rth y they may be. Such pract ices, if lo ng ind ulged , wou ld surely ero de the very foundat ion o f ou r governmen t and se t adrift on tu rbulen t seas the ship o f state w it hou t the sails and anch or tha t our Co nstitu tio n provi des. All o f us wh o lo ve Ameri c a, even to da y ' s se v eres t c r itic s o f the establishmen t, are str iving for a bett er wo rld . We are seeking to achieve a grandeur and a mo re meaningful destiny . I believe tha t we c an best search out and seek the rewards o f t ha t world by preserving t he democratic processes and by holding fast and firm to th ose prin ciples of
liber ty and justice tha t are enuncia ted in and vo u c hsafed to us by the Co nstitutio n. a A democracy such as o urs Republican fo rm o f go vernmen t - is not automatically secure or selfsustaining . The primary and ultimate source o f po wer . as well as the du ty to main tain it , is repo sed in the peo ple themselves .
When the C o ns tit u t io nal Co nve nt io n finished its wo rk and adjo urned 180 years ago, Benjamin Franklin was asked , " Well , Mr . Franklin , wha t have we got?" His an swer w as, " You have a Republic , if yo u c an keep it." Continued on p age 113
M A Y , 1973
Problem.-I •• ua.
Continued from page 112
I recall thai more Ihan 100 years ago Abraham Lincoln said, ", , ' if il (danger) ever reaches us it must spring up among us; it cannot come from abroad ," He further said, "If destruction be our lot we must ourselves be its author and finisher. As a nation of free men we must live, through all time or die by suicide!" Histo ry confirms that great nations are never conquered from the outside until they become corrupt and subverted from within .
Early in this century, President Theodore Roosevelt said : " .. . Americanism means the virtues of courage, honor, justice, truth , sincerity, and hardihood - the virtues that made America , The things that will destroy America are prosperity-at-any-price, peace-at-any-price, safety-first instead of duty-first, the love of soft living and the get-rich-quick theory of life," Surely we all recognize that many of these symp to ms are presen t today. THE ARKANSAS LAWYER
No doubt there have been many times when it seemed that the problems and issues confronting our nation were a complexity and gravity not theretofore experienced . That certainly seems true now. The multitude, magni tude, complexity, and gravity of the problems which challenge us to day certainly appear to be more vexing , difficult, and threatening than they have been at most any other time in Ihe hislory of our Republic , They are certainly too numerous to mention, and the limited time available tonight will permil me to idenlify broadly only a few and to comment briefly upon those which I consider of greatest importance . War and peace is now and in the foreseeable fu ture will continue to be Ihe gravest problem of all. There emanates from this problem the most vital and controversial issues of our time - one, how to end the unpopular war in Vietnam ; two, how to avoid our becoming involved in future wars; and, three, whether our strong military posture is to be maintained or permitted to deteriorate. I strongly support Ihe Presidenl's program of troop withdrawal in Vietnam and am hopeful that his announced schedule of withdrawal can be acceleraled , I also strongly supporl the StrategiC Arms Limitation Talks (SALT) that are now in progress in Vienna, We all want these lalks to be successful. However, past experience in negotiating with the Communists is not greatly encouraging . We can hope Ihat Ihe advantages and blessings of peace, contrasled with the horrors and tragedies of war, will ultimately become the dominant influence in the outcome of these negotiations. In the meantime and until other great powers are willing to enter into a viable, concrete, and an enforceable arms limitation compact, I believe we have no alternative except to maintain a military posture of such strength and power as may be necessary to serve as a deterrent to would-be aggressors, In Ihe face of world dnagers today, we cannot and we must not unilaterally disarm and permit our nation to become militarily impotent as an international power. Internal Security Th e next major problem is that of internal securi ty. The issues stemming therefrom are how to prevent su bversion from within and how to protect society from the ravages of crime. There are forces within our natio n who would overthrow our government _ by force - if they could muster the
strength to do it. These elements usually give their alleginace to our potential enemies from without. They strive to create distrust and dissension among us and to exploit any grievances and protests arising out of controversia l issues . They advocate and frequently indulge in violence to achieve their goals. They encourage disorders, arson, riots , and bombings. They seek to incite revolution. It is significant to note that some of the leaders of these forces, when apprehended and charged with serious crimes, have forfieted their bonds and are now fugitives in foreign countries. The second aspect of our internal security problem is the spiraling increase of lawlessness throughout our land , During the decade of Ihe sixties, major crimes increased by 148 percent, and crimes violence rose by 130 percent. Congress has taken cognizance of this mounting crime menace and within the past three years has enacted much remedial legislation - including the Omnibus Safe Streets and Crime Control Act of 1968 and subsequent amendments thereto and the Organized Crime Control Act of 1970, As a result of these and other laws enacted by the Congress and by reason of increased efficiency and diligence of law enforcement officials, progress has been made in the war on crime. There are indications that the crime rate peek may have been reached, and that the number of major crimes being committed will soon begin to recede . These new laws have certainly provided our law enforcement agencies with urgently needed new tools and more effective weapons with which to combat the lawlwssness that prevades our land. Our citizens must be made safe in their homes, on the streets , and in their places of businessess. To have a great SOCiety, we must make it a safe SOCiety. Law enforcement - law and order - is imperative to our internal security. Inllatlon-Dellclt Spending Other problems are inflation and deficit spending . These two are largely linked togethe r and inseparable. Government deficit spending definitely has an intlationary impact on the economy. This contributes to the rapidly rising cost of goods and services. Those who must live on fixed incomes - the retiree , the pensioner, and the welfare client - suffer most from this sort of fiscal instability, They become helpless victims and are powerless to protect t hemselves against the depreCiation and erosion of their very limited dollar income. Continued on page 114
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Continued from page 113
The federal debt today is more than $400 billion. The estimated deficit this year will be some $20 billion. At this rate , by 1980, we will owe $600 billion or more. It is becomming imperative that we pursue sounder fiscal policies and get government financing under better control and in belter balance with expenditures. Somewhere - at some level - we will surely reach the limit or our national credit. Pollution And, finally, we have the problems of (1) pollution and (2) of overcrowding and deterioration in major metropolitan centers. Again , in many areas, these are also linked together and inseparable. For overcrowding is a serious contributing cause of po llution. These problems must have immediate attention. During the past quarter of a century , 25 million people have left the farms and gone to the cities. Today, mo re than 70 percent of our population are living on only two percent of the land in the United States. This high concentration has resulted in increased pollution , critical p ro bl ems of housing and transpo rtatio n, unh ealthy livi ng conditions, swo llen relief rolls, and increased
crime in many of our larger cities. Within the next half century, our population will increase by another 100 million people. So , we must stop and reverse the trend of migration from our rural states into the already distressed metroploitan centers. To do this, I have introduced a bill, S. 10, which would establish a national policy to revitalize our rural regions by encouraging and aiding the decentra lization of future industrial growth and would thus effectuate a better balance distribution of our population and of economic opportunities . I have also introduced another bill. S. 907 , which would authorize the several states to enter into interstate environment compacts . This will enab le those states having a common interest and pollution problem to work cooperative ly together to prevent future pollution in their areas and to clean up pollution which may now exist. These problems of po llution and of congested and deteriorating cities, together with the others that I have identified and briefly discussed, do not permit of quick and easy solution . They are the continuing prime burdens and concern of government in this period of our nation's history.
Responslbfllty And, you - the studen ts of our colleges and universi ties and of our high schools - who are now being given the franchise to vote, and properly so , must now share in the responsibility for their solution. You are now able to participate in the decision-making processes of our democratic system . You now have not on ly the duty to help solve these problems and to help resolve the critica l issues which confront us, but you a lso have the obligation to help preserve our Repub lican form of government and to help build a be tt er America. I know the issues are complex and our problems are great . They have magnified and multiplied . Some of them pose dangers that threaten our security and survival , but I do not despair. I have an abiding fai th in your - in you r aspi rations, dedication , and purpose - to strengthen our system , not to weaken it ; to improve it, not to impair it; and to maintain it, not to destroy it . Our nation and all that it embraces and all that it composes is your great heritage , and I have every confidence that you wi ll defend, strengthen, and preserve it.
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ABA Standards for Criminal Justice Slated for West Publishing's Key Number System The American Bar Association 's Standards for Criminal Justice will soon be incorporated into the Key Number System of West Publishing Company, SI. Pau l, Minn. , a leader in law book publishing. Citations of the Standards have already been included in West 's advance sheets, with the December 1, 1972, issue of Pacific Reporter. Keith Mossman , Vinton , la., altorney, and chairman of ABA Section of Criminal Law , called incorporation of the Standards into the West advance sheets and Key Number System "a breakthrough in the nationwide program to implement the ABA Standards." The Criminal Law Section has responsibility for nationwide implementation of the Standards, which cover the entire trial process from arrest to post-conviction appeal. Chairman Mossman said the new services will increase citations of the Standards and expediate their inclusion into case law throughout the country.
cititations of those will be included in the tables. Mr. Mossman said incorporation of the Standards into the Key Number System will be "a public service of incalculable benefit to the nation's criminal justice system ... I am certain the continuing success of our implementation efforts will be greatly enhanced ." The nationwide implementation program has been the Criminal Law Secl ion 's major activity since given that
responsibility by the ABA Board of Governors in 1968. About 40 states are now involved in some facet of implementation activity. In some states, implementation will come through court rule; in others, through legislation; and in many, through a combination of the two. So far , over 1,000 appellate court decisions have cited the Standards, according to Justice Wi ll iam H. Erickson, Colorado Supreme Court, immediate past chairman of the Section .
The Key Number System is a crossreference which directs an attorney to all cases covering a particular topic or point of law. West has drawn up a cross-reference table citing each section of the 16 approved Standards to the American Digest Key Numbers. For each section of each Standard, the table will show the general topic and key number. For example, the con tent of Section 1. 1 of the ABA Standards Relating to Appellate Review of Sentences is categorized under the general topic of "Criminal Law," Key Numbers 993 and 1183. This cross-reference table will even tually be included in every Key Number digest volume, preceding the topic "Criminal Law," since that is the general subjec t matter of all the ABA Standards. A cumulative tab le of all state appellate and federal court citing the ABA Standards is already being included in the advance sheets of each volume of the National Reporter System , which has seven regional weekly editions, and in the Federal Supplement. The table gives the citation to the National Reporting System for each case citing the Standards, but does not give the name of the case. When the 17th and final volume of Standards - those Relating to the Urban Police FUnction - are approved. THE ARKANSAS LAWYER
Your opponent's evidence. Are you entitled to it ? Discovery. For the IlIwyer ih 0 whole new bIIU gllmo. The rocent federlll rules chClnges hllve mllde ~ubs l llniial changes in discovery. To effllclivllly IIpply Ihe discovery r... les. II modern. up.to-dllie guide;s invlliullble. No guide is as up.to.dllie on fllderlll rules pllrticulllrly the discovery rules liS Federlll Prectice end Procedure by Wriqht end Miller. SlIe for yourself. 6el full detoils. Write: West Publishing Co .. Archie C. Mclllren. Jr., Directors PIClIe. Suite 202, 3015 Directot! Row. Memphis. Tenn. 181]1 Phone: 901 458-9950
SUDDENLY EVERY OTHER GUIDE ON THE FEDERAL RULES IS HISTORY
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j!}elp QIuttrican
~our ~pirit
qcourts
速f l\ebercncr jfor JLaw
Abraham Lincoln spoke o ut o n Reverence for the Law. "Let this reveren ce for law be taught in schoo ls a nd writt e n in alm a nacs" -a ca ll re activated by o ur Law Day celebrations. He continued- "Let it be preached from the pulpit , proclaimed in legislative hall s, and enforced in CO urlS of justice ... And in short let it become the po litical religi on of the nali o n." Lincoln 's conception of the Rule o f Law as "political religi on" is pe netrating. OUTS is a pluralistic, diversified society. We turn away fr o m a ny impetus to unit y from a slate church , and rat her rejo ice in the right to diversity, in freedom of religi o n and separation between church and state . We are a peo ple o f varied o rigins and each may take pride in his own ethnic and c ultural link s. But eac h of us has a broad bond to o ur co un try and to society in the Rule of Law under which we live a nd work together - notwithstanding differen ces of views o r culture - eac h with hi s ow n perso nality and hum a n dignity , each with the respo nsibility of respect ing the pe rso n of his fellows. While o ur tensions and differences may drive us apart, there is glue that ho ld s us together in a commitment to the Law as a mean s of reso lving disputes . Th e re may be disagreement with deci sions, but in general there is agreement that the legal process is as fair as reaso n can contrive. Three cardinal as pec ts o f the Rule o f Law merit emphasis in this time of reflecti on o n that instituti o n and the strengths it furnishes o ur soc iety. First is the in siste nce o n regularity of procedure, o n the pr ocess th at must be o bse rved by society and government in relation to any o f its citizens. Second, is the in sistence o n equality that o utlaws arbitrary o r invidi o us discriminati o n . Third , is the assurance o f freed o ms and processes whereby changes in the law can be advoca ted a nd achieved in response to grievances and requirements o f the peo ple . These principles overlap and support each othe r : Taken together , they are impressive guardians of o ur ordered liberty . -Judge Har o ld Leventhal
lit is rsprciallp fittil1!! at t/Jis timt ...... ........ ......... .
Help Your CourtsAssure Justice
LAW DAY~ MAY 1 .!!!llll!. 116
Peoples Federal Sal'ings & Loan Association South 6th & Rogers Avenue Ft. Smith, Arkansas
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Commonwealth Federal Savings & Loan Association 4th and Spring Littl e Rock, Arkansas
Citizens Federal Savings & Loan Association 50 I Wes t Was hingt o n J o nesb o ro, Arkansas
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<!!:)ur
~acreb ~crita!Je
John Stuart Mill said it best over 100 years ago: "A people may prefer a free governmenf, but if. from indolence or carelessness, or cowardice, or wane of public spirit, they are unequal to exertions necessary for preserving it .. they are unlikely long (0 enjoy it." We must be conscious at all times that o ur precious liberty demands that we use our material resources , o ur God-given intelligence, and our education and talents to safeguard its values. to be worthy of its privileges. and to fulfill its responsibilities. The law - the rights it secures and the protections it affords - is ou r most sac red heritage. Through its application and obse rvance, and operating within its authority, we have been able to bring about all of the progress, all of the reforms, and all of the changes that have occ urred since o ur government was founded - changes ofte n sought and contested by men of different persuasion . ..... . The right to dissent and to freedom of speech and assembly are basic to personal liberty, to human dignity, and to o ur system of government. These rights must never be abrogated o r abandoned; they must be preserved. But we must also understand that the willful misuse and abuse of these rights can only lead to their destruction. They are not a license to any person o r to any group of indi vidua ls to violate and trespass upon the lawful rights of othe rs or to endanger the safety o ur o ur society . . . .. .. Our Constitution provides adequate means and the due process necessa ry for making changes that may be needed. Those Constitutional processes should be followed, for their aband on:nent and the resort to unconstitutional or unlawful means to bring abo ut cha nge , if lo ng indulged, would erode the very foundations of our social orde r and o ur government and would be fatal to o ur liberties .••••• -Senato r Jo hn L. McClellan
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Help Your Courls Assure Juslice
LAW
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NEW BAR CENTER The steel has been strung - the roof and walls are underway - the completion date is still set for September, 1973. The adjacent Convention complex will be dedicated in September. The official dedication of the new Bar Center will be held in conjunction with the Mid-Year Meeting in January 1974.
NOTABLE CONTRIBUTION Senior Member N. J. Gantt, Jr. of Pine Bluff has pledged $25,000 to the Bar Foundation. Mr. Gantt has been in active practice for seven (7) decades - having been admitted to the Bar in 1903. His favorite quote is "The law it has honored us, may we honor it" - Daniel Webster. Certainly, Mr. Gantt has honored the law during his long years of practice - his contribution to the Arkansas Bar Foundation is a fitting culmination for an outstanding legal career. We honor "Mr. Lawyer" Gantt. FUND DRIVE Much of the success of the current Bar Foundation Fund Drive is attributable directly to the efforts of Association President Henry Woods . The total new pledges now stand at $400,000 . Mr. Woods devoted 40 days at the Bar Center in a telephone campaign directed to Association members who had not been otherwise contacted. He raised $200,000 in this effort. It should be noted that , with the rising costs of building and furnishing the new Bar Center, the Bar Foundation would not now be in satisfac tory financial condition without this selfless effort of President Woods . It seems fitting to say, " All Hail to The Chief." In this connection , however, some 500 members have not as yet been contacted in the current fund drive. Their added contributions would ensure the success of the Foundation 's plans for scholarships and similar worthy purposes.
OTHER STALWARTS Foundation Chairman Edward Lester has been the financial genius behind the financing of the new Bar Center. He has worked out the details for a loan of some $900,000 from Commonwealth Federal Savings and Loan Association . MAY, 1973
Build ing Chairman John Gill , along with members of his Commi ttee, has been the supervisor of the building plans with the architects, Cromwell , Neyland, Trumper , Millett & Gatchell , and with the In terior Decorator and Analyist Charles M. Moun t of New York City.
Chairman-Elect Philip Anderson has also bee[1 concerned with the interior furnishings of the new Bar Center. The beauty of the new Bar Cen ter will reflect their efforts and tastes.
Sometimes overlooked in the glamor a,ld person-to-person contacts in managing most Bar Foundation projects is the handling of the annual financial records and reports . Mr. John L. Johnson has been successfully preparing the I.R.S. Reports and maintaining the " tax-exempt charitable organization " status of the Arkansas Bar Foundation with I.R.S. He is now representing the Foundation in efforts to obtain an exempt listing with respect to ad valorem taxes assessed by Pu laski County. It should be noted that these Bar Foundation officials serve without remuneration. We salute them!
THE MEMORIAL BORDER The magnificient, all glass enclosed lower lobby at the Plaza level will be a fitting entrance to the new Arkansas Bar Center at Little Rock. The lobby 's most striking feature will be the Memorial Border of beautiful red marble for honoring deceased prominent Attorneys-at-Law of the Arkansas Bar. Each such permanent memorial will be inscribed in marble on an area abou t 12 inches by 22 inches. The Contribution for each memorial is $1000 and may be paid by relatives, friends, or associates of the deceased lawyer. Such tax-free con tributions are made to the Arkansas Bar Foundation and will pay for the marble and inscription wi th the balance being used for scholarships and other worthy purposes.
Law Day, USA
-- -May 1, 1973
LAW DAY USA PROCLAMA TlON. Governor Dale Bumpers with his Law Day USA Proclamation for Arkansas and shaking hands with President Henry Woods of the Arkansas Bar Association. Colonel C. E. Ransick, the Association's Executive Director, and Justice George Rose Smith of the Arkansas Supreme Court look on.
THE EAGLE AWARD FOR LAW DAY CHAIRMEN of the large and the small Local Bar Associations in Arkansas with the most outstanding Law Day programs. Law Day Chairman Cyril E. Hollingsworth, Jr. and President Henry Woods of the Arkansas Bar AssocIation with the Eagle Award.
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"Thank s to his effo rts, th e anticrim e reco rd of th e Senate has been trul y outstandin g. And it sho uld be said that no M ember of this bo dy und erstands better and appreciat es m o re th e pro blem s of crim e than does Senato r M cClellan . A gain , I thank him on behalf of th e Senate f o r his splendid leadership in this who le area." Senate Majo rity L eader Mik e Man sfi eld Mo nt. , D ecember 17, 1970 Senato r Jo hn L. M cClellan wears th e label of "Law and Ord er" d eservedly and well - thus it is particularly fittin g that this Ma y 1973 issue of Th e Arkan sas Lawyer is dedi cated to th e Senato r and La w Day USA. Th ey go well to geth er. Th e o bjecti ves of Law Day USA are fo ur-fo ld: ( I ) To fos ter respect fo r la w and und erstandin g of its essential place in A m erican life; (2) To enco urage citizen suppo rt of law o bservan ce and law enfo rcem ent; (3) To ad vance equalit y and ju stice und er law; and (4) To po int up th e co ntrast between fr eed o m under law in th e Unit ed States and governm ental tyrann y under co mmunism . No li vin g American has don e m o re than Senato r M cClellan to ad van ce th ese wo rthy objectives. As the Senate's Chief Investigato r f o r so m e 20 years he fa ced up to th e challenges of Co mmunism , o rganized crim e and ci vil diso rd er. His anticrim e legislatio n and th e n ew pro posed Fed eral Criminal Co d e are evid en ce of his reso lute battle for "law and o rder". His boo k, "Crim e With o ut Punishm ent ", is mandato ry read in g for all co ncerned citiz ens. His public se rvice to th e Unit ed States and, in particular, to A rkan sas now span s six d ecades - a life , tho ugh beset with great perso nal traged y, o n e of hero ic pro po rtio ns. It is with great pleasure and pride that we h ere review his life of se rvice. Th e Arkan sas L awyer
Senato r Jo hn L. M cClellan 12 1
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SENATOR JOHN L. McCLELLAN
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• An outstanding Patriot, dedicated to the principles of the R epublic of the United States; . • Valorous in his defense of his Country and in his protection of the Rights and Liberties of his Countrymen; • A man of integrity and courage who has assailed the battlements of communism and corruption wherever he found them and laid bare their insidious secrets; • A leader by deeds, as well as by words, determined that the Citizens of his great Land shall be free from the evils and coercion and the perils of deceit.
-George Washington A ward of the Freedoms Foundation at Valley Forge
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THE ARKANSAS LAWYER
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February 25, 1896 A Good Day For Arkansas
John Little McC lellan - born Februar y 25, 1896 o n a farm just n o rthwest of Sheri dan , Co un ty Seat of Gr an t County, Arkansas. His paren ts, Isaac and Belle McClellan , named him after Jo hn Little, o net im e Arkansas Governor and Congressman. Ike McClellan was described as "Sometime farmer, schoolteacher, co untry ed ito r, (o ngtim e lawyer and dabbler ill Dem ocratic politics", Ike McClellan becam e a lawyer in 1907 and o pened up his law o ffice in Sheridan . Yo ung Jo hn travell ed with hi s father the loca l court circuit between Bento n , She ridan and Malvern , County Seats of Saline, G rant and H o t Spring Counties. In his book, "Crime Witho ut Punishm e nt ", published in 1962, Senato r McClellan describes hi s early days - "For several generations, my family in Arkan sas has largl y been made up of working people. Until recent years they were m ostly tenant farmers who were hard-pressed to make a livin g from poor and unproduclive soil. Wh en 1 was a boy, living near and part of th e time in the little CO Wtl y seat town of Sh eridan, my father was a part-time schoo lteacher and farmer. By slud ying law at night , he passed the bar examinatio n and become an attorney when 1 was eleven years of age. 1 followed his example, and while working o n o ur farm 1 slUdied law under his direction. Th ere were two in cidents in my boyhood that probably had a great deal to do with launching th e lon g series of events that culminat ed in m y handling of the gavel durin g the life of the Senate Select Co mmittee. Th e first was when my father, befo re he was admitted to the bar him self, had to hire a local attorney for twenty-five dollars to make a day's journey by frain to and from the co unty seat in an adjoining cou nty to sell Ie a small timber claim against a sawmill compan y on behalf of my uncle 's estate. At th e age of ten, 1 was astonished Help YOIJI CoullS ASSl.JIC' Jushce
LAW DAYjjjjjjjj
MAY1._.
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to learn that a man co uld recei ve so magnificent a sum fo r one day's work. I imm ed iately reso lved that I, too, would become a lawyer . Seven years later, at the age of seventeen, I was admitt ed to th e Arkansas bar. Ifthe first incident was alactor in m y decision to become a lawyer, the seco nd o ne similarly influenced the direction of the lo ng journey that has tak en m e from th e pin e forests of central Arkansas to the Capitol in Washingto n . Wh en I was eight years old my father took me to a po litical rally in Sheridan, where Governor Jeff Davis, seekin g an unprecedented third term , addressed a cheerin g crowd of his partisans. I was so impressed by his rousing o ratory that I went home and made my own political speech . I had 11 0 platform and no audience. So 1 used th e choppin g block at th e woodpile to speak from, and 1 stood sticks of stove wood on end before m e for m y listeners. I haran gued this make-believe audience with all the fervor that Jeff Davis had used the day before o n th e real crowd in the co urt square at Sh eridan . That day had spark ed in me a political ambition. Some few months later, I wrote to th e co ngressman of my district, John S. Little, for whom 1 was named, to teli him (hat I had picked some seventy-five pounds of ca tron in o ne day. M y leiter also enthusiastically informed him of m y recently acquired embryonic political ambi tion. H e replied m ost graciously, predicting that someday 1 wou ld go to Co ngress, From that day
GRANT COUNTY Veo Easley Coun ly Judge
Telephone 942-2551
Sheridan , Arkansas 72150
1
4 Y ears Old
WILSON EQUIPMENT COMPANY -Barko Hydraulic LoadersL. C. Wilson , Jr. Owner
Sheridan Arkansas MAY, 1973
The Sheridan Days At 17 , Jo hn McClellan made a special appeal to the Arkansas Legislature, which was in session , fo r a waiver
o f the 21 years of age require ment fo r adm ission to the Bar. G overn o r Futrell approved the bill when it reached him . Yo ung McClellan appeared before a special comminee of eight anorneys, several of them former judges. After full exa minati o n , they voted unanimo usly that he be admined to the Bar , and then they complimented him on his kn ow ledge o f the Law . Just befo re standing the Bar examination, young
Jo hn had assisted hi s father in the laner's successful cam paign for Co unty and Probate Judge of Grant Co unty. Yo ung Jo hn practiced law wit h his father. In retrospect , Senato r McClellan has remarked , "Like La za ru s, [ got the c rumbs ". He learned the hard way. In 1917 , at 2 1 yea rs of age, McClell a n joined the Army for Wo rld War I and was sent to the Officers' Training Schoo l at Leon Springs, Texas , where he was commissioned a first lieutenant in the Infantry. He sub-
sequently transferred to the Signal Corps' Aviatio n Secti on. " The Army taug ht m e se lf-relian ce - it taught m e that when the c hips were down th e re wasn 't anybody to depend o n but mys e lf ' , * [t taught me to make up my own mind . * * * There co m es a tim e when decisions have to be made. " -John L. McClellan
17 Year s Old 0 11 , I
was a calldidat e."
Bo th Jeff D avis and McClellan's Grandfath e r James M cC le ll an had th e same phil oso ph y o f life , believing in "baptism by immersion. paying you r hon est debts and saving yo ur OWl/ seed pow/oes ", Simply stated , they were religous, in dustrious and upright with their neighbo rs. "/ ha ve no doubt fhat ;11 the f uture yo u will reacl! hon o r and distin ction as a cit izen and public man , bur to do this requires illdu str y and hard wo rk , and (m ho norable and upright life" - prophetic wo rd s fro m Co ngr ess man Little to Y oung Jo hn , 1904 .
PLOWBOY AT 17 ADMITTED TO BAR UNDER SPEC IAL ACT OF LEGISLATURE - Arkansas Farm Lad is Yo ungest Lawye r in United States - these we re the headlines of fro nt page of Part Two o f the Sunday SI. Lo uis POST-DISPATCH , April 13 , 1913 . The story became the famous "O ld Grey Mare" article in Sen a to r McClella n's ca reer - as the accompanying ca rtoo n showed him as a lad plowing behind an o ld mare with his law books and his dreams o f appearing in courl.
GRANT COUNTY
Hell) You. Courts Assure Justoee
LAW
DAY. MAY1._.
21 Years Old
CHAMBER OF COMMERCE " HELPING TO MAKE GRANT COUNTY A BETTER PLACE IN WHICH TO LIVE" Sheridan
THE ARKANSAS LAWYER
Arkansas
• WESTBEND® • ~~..111111."'. . . . . . .
THE WEST BEND COMPANY
SHERIDAN DIVISION 942-3111
Sheridan
Arkansas
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The Malvern Move When McCl ell an returned fr o m se r vice in 19 19 , he just had to strike o ut o n his o wn . In Malvern , Co unty Seat o f H o t Spring Co unty. he was able to buy a judge 's fo rm er law o ffice fo r $450 . "M y friendship with th e Senato r is 0/ lon g duratio n. A s a to whead ed bo y in bibbed o veralls I so ld co ld drink s o n (h e Co urt Ho use grounds, and J wo uld slip away fro m m y duties as an enterprisin g capitalist to see and admire m y fri end in aclio n in the Ho t Sprin g Co unty Co urt Roo m . He was as vigoro us and unrelenting in his earlier days as he has ever been in the halls of Co n gress. " My father , th e lal e 1. Elmo Youn g, was su ch a fri end of th e Senato r 's, and o n e day when the Senato r was visiting him (durin g his termin al illn ess) the Senato r m entio n ed to Fath er that he had purchased his fir st set of law boo ks f ro m him . It seem s that th e ho oks had been th e propert y of the late Jo hn C. R oss, fo rm er Circu it Ju dge, an d m y fa th er was actin g as th e Executo r of the Estate." T o m Ross Yo ung , Sr. , Ma lvern . H is aptitud e fo r tri al wo rk soo n becam e apparent. He ser ved as Malvern City Att o rney fr o m 1920 to 1926 . At 30 , he was elected pr osecuting atto rney fo r th e Seventh Judicial Distri ct, co vering th e thr ee lo cal co unti es. " Mu ch of what I kn o w about crim e and criminals an d the nature of th eir min ds was learned fro m an o utstandin g lawyer who f requently represented d efendants in cases that I prosecuted ill Arkan sas. H e was m y fa th er, Ju dge Isaac M cClellan . If a m an was arrested in h is co un ty fo r stealin g, assault, m oo n shinin g, o r so m e o th er crim e, h e was m o re than lik ely to have m y f ather defen d h im . That wo uld be a wise m ove, too; m y fat h er was an exce llent lawye r, an d m o reover, he possessed an alm ost un cann y kn owledge and und erstan d in g of human nature. H e perso nally kn ew th e j uro rs of o ur rural ar ea , th e ir wea k n esses a n d th eir stren gths, th eir faults and th eir virtures, j ust as well as h e k n e w the occasio nal impetuo usn ess and 0 ver zealo usn ess of his so n as a prosecuto r. In o n e case again st m e m y f ath er wo n
POin t Cedar
1921 Law Offi ce an acqu ittal. Naturall y he was pleased with his so m ewhat un ex pected victo ry, but when we at e dinn er togeth er that nigh t, h e said to m e: ' Yo u lost that case, Jo hn , becau se yo u had no t prepared well eno ugh - yo u loo k th e d efen d an t 's guilt fo r granted.' Two goo d
BANK OF MAL VERN " The Convenienl Bank " Member F.D .I.C. 126
Malvern Arkansas
reaso n s fo r losing. A lesso n I n ever fo rgo t ". - Crim e Witho ut Punishment , McC le llan . He served as pro secuting attorney until 19 3 0 , when he returned to private practice. He was a "go od co untry lawyer.
HOT SPRING COUNTY LUMBER CO. - Grady S. Grigsby, PresidentMalvern
Arkansas MAY, 1973
THE ARKANSAS LAWYER
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The Congressman
Four years later, McClellan opened his campaign as a candidate for the U.S. Congress in the then 6th Congressional District o n July II, 1934 . H is campaign theme was - "SECU RITY : For the Home! For Livelihood! For Old Age!" He was elected by a sweeping victory. The Stuttgart "A rkansawyer" in an editorial dated April 20 , 1936, no ted that Congressman McClellan and Senator Ca raway were working together to provide better flood protecti on alo ng the lower Arkansas. John L. McClellan, while serving as Congressman , began his program for a National Flo o d Control Plan . (Democrat, March 16, 1937 .) H e was re-elected in 1936 . His days in the House of Represe ntatives were marked with his spirit of independence - he voted for the New Deal measures which he thought would help depression-ridden Arkansas and against others he considered too radical. On November 10, 1937 , then Congressman McClellan ma rr ied his present wife, Mrs. Norma Cheatham of North Carolina . When in 19 38, McClellan decided to run for the U.S. Senate against the encumbent Hattie Caraway, he had to run againsl the New Deal forces . He ended up los ing by 10,000 votes and was in the hospital for two months with pernicious anemia. H owever, on the positive side. McClella n had gained statewide expos ure as a risi ng political figure. " I intended to run again for the Senate." McClellan .
Congressman John L. M cClellan Photo Through Courtesy 0/ Ray N . Boyle
The M cClelians (1911): Grand/ather James, Father Issac, John and Son, Max .
PETE RUDOLPH
WILSON BUICK CO. Kelly Wilson , President Gurdon Malvern 128
Arkansas
Arkansas MAY, 1973
Call To Camden
"/ had just returned from 'he hospital and was sitting in my Malvern office,
when the telephone rang . Judge Tom Gaughan of Camden was on (he phone and invited me to join his law fi,m as the /irm's trial lawyer." - McClellan . This 'was quite an offer since Judge Gaughan had the reputation of being one of the area's o utstanding lawyers. The firm became known as Gaughan , McClellan and G a ughan and re-
presented many corporate interests. In Camden, the M cC lelians lived in a beau t iful colonial ho me surrounded by
"A concentration oj Arkansas stafe and federal political leaders, the like of which may not have been seen in the state before, gathered here tonight (0 help John L. McClellan celebrate his homecoming as the Democratic nominee for the United States Senate . Senator Hattie W. Caraway and six of the state 's seven congressmen joined hundreds oj the other visitors and home folks at the municipal auditorium tonight to do honor to the next junior senator fr o m Arkansas." McClellan met Senator Caraway at the train upon her arr ival from her Jonesboro home. "They shook hands co rdially and exchanged greetings and then went to rhe McClellan home where she was a guest. " Her visit pointed up the fact that Senato r McClellan has usually been successful in his friendships with his opponents. As a sidelight, when Mrs. Caraway was de feated for re-electi o n , Senator McClellan was instrumental in getting her a federal position - which she held until her death. At the homecoming celebration, Mrs. Caraway commented: " / think Ouachita co unty is to be congratulated all winning tllis eJection when everything was against you. / am so happy that / had some small part in helping win this fight. We need men of character today . We need men who are nor swayed by every wind alld we have one now in Mr. M cClellan ." A prayer in his homecoming speech gives a deep insight into his character '" pray God that , may face the duties and responsibilities of this oJfice with all humility. but with resolute determinacion and courage. / t is said that 'after crosses and losses, men gro w humbler and wiser.' Humble / am , humble / have been, humble I shall always be, for I know the doctrines of grace humble men without degrading them and exalt them wilhoUl inflating them. " McClellan also singled o ut one congratulatory message from a friend , read ing - . " Being a United States senator is a great hono r in itself. but being a man worthy of lhe ho nor of serving in the United Stales Senate, is far more honorable. "
large oaks. Years later , a severe storm blew ove r so m e of the trees. In a moment of frustrati o n , the McClellans sold
the house. " It 's beautiful - I wish I st ill owned ;t." - McClellan . In 1942, McClellan defeated three strong candidates for the Democratic no mination to the Senate . On August 17, 1942, a home-co ming d emo nstrati o n for the new Senato relect was held in Camden. Staff Correspo ndent of the Arkansas Gazette Jo hn L. Fletcher wrote - - -
John L. M cClellan , Democratic nominee for the United States Senate, and Mrs. M cClellan read the election return s in th e first edi tion of th e Arkansas Gazette early yesterday as three of their ch ildren look Of!. L eft to right, above, are John L. M cClellan Jr ., 16; Jimmy, 15, and Mary Alice, II.
McCLELLAN FRIENDS Camden Texarkana THE ARKANSAS LAWYER
Arkansas
Texas
'29
The Senator "Know ThyseU; Control Thyself, Deny Thyself"
"Senato r McClellan has rendered oUlsIanding service not only to the people 0/ A rkansas but also to the people of ' he Unites States. /n this day, when there seems to be some lack of confiden ce in many elected leaders /oca/, Stale and Nat ional - there is in John McClellan o n t! elected leader , elected representative of the people, ill whom not only his collea-
O llt!
gues bur also the people of the entire Nation have greal co nfiden ce" -Senator Harry F. Byrd , Virginia, Before the U .S. Sen ale,
March 19, 1971. Senato r John McClellan has worked lo nger fo r Arkansas in the Senate than any o th e r person in the State 's history - and is now the second highest ranking Dem oc rat in sen iority in the U.S. Senate. Few men in the history of the Senate
of the United States have borne such haevy legislative responsibilities as Senator McClellan . He is current ly serving on a total of twenty-fo ur com mittees and subcommittees. H e is assigned to three standing committees of the Senate: The Appro priations Committee, of which he is t.:hai rm an; the G o vernment Operations Committee; and the Judi ciary Comm ittee. His Subcommittee assig ments numbe r twenty-o ne , including three subcommittees o f whi ch he serves as chairman - Subco mmiltee o n Defense of the Appro priations Committee; and both the Subco mmittee o n Patents, Trademarks and Copyright s a nd the Subcommittee on Criminal Law and Procedures of the Judiciary Committee. Fo r 18 years, he was C ha irm an o f the Perm a nent Subcommittee o n investigatio ns of the Committee o n Government Operations. In add iti on, Senator McClellan is a
ROCKWELL Sheridan Arkansas
PAPER PLASTIC DUNNAGE, INC. -Guard pack"I nflatable Disposable Dunnage " Sheridan
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member of the Joi nt Committee on the R ed ucti on of Federal Ex penditures and of the Joint Committee on the Budget. H e has also been named by hi s party to serve as a member of th e Dem oc ratic Steering Committee of the Senate . "I' ve always been called a co ns ervati ve and I've never resented it . I did not become a Senator to transform the United Stares into a socialistic. paternalistic state" - McC le ll an in 1955 . H oweve r, his reco rd shows him to be a progressive working for better health care, higher social sec urity benefits, greater ed ucational o ppo rtunities, veterans benefits, a cleaner environment, careful reso urce development in conservatio n , etc. - o r at least, a libe r al conse rvative. "To my mind, John M cClellan is the ideal leg islator because of his industry. because of his in te lligence, because of his intellectual integrity, (md because of his unsurpassed moral and poUlical co urage . And, I am sure that all of you agree with m e in this summatio n of John McClellan 's qualities as a legislato r and the great services he has ren dered to our co untry." -Se nator Sam J . Ervin, Jr. Presenting Senator McClellan with a R eso lution prais ing his se rvices as C hairman of the Senate Government Operations Committee. "H e is a gentlemall of tlte o ld schoo l in tltis co untry. First, Itis word is as good as its uIteran ce. If there is ever any doubt about it he always gi ves the benefit oj the doubt to those he respects and assumes that they know beIter than he does, which is characteristic ofaflne American. Seco nd , I have " ever m el with an ything except the utm ost trust and the most grac ious handling as a membe r of rhe co mmiflee fro m Senator McClellan . .. The least we can do, as we start a new Congress, is to co mmenl o n the graciousness, co urtly character and distinction of the chairman of the Committee on Go\'ern m ent Operations. " -Senator Jacob K. Javits New York, before the U.S. Se nate , January 16, 1969
Arkansas MAY, 1973
SENA TOR HARRY F. BYRD , JR. Virginia, before the Senale, March 19, 1971
T HE ARKANSAS LAWYER
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The Senate's Chief Investigator reva lwio n . H e has been all in spiratio n m e an d o lh ers, I am sure, in the Sen ate. " -Senator Robert C. Byrd (W. Va.) Before the U.S. Senate, Marc h 19, 1971. 10
/" /955 "Senato r M cClellan is o n e of the m OSI highly respected chairm en in the Sen ale. I have particular referen ce at
chis po inl 10 his chairman ship of the Perman en I In ves(i gacio n s Sub committee of the Co mmittee o n Go vern m ent Operatio ns. Thro ugh his services as chairman of chal sub co mmittee h e has pro ved co be a relentless in vestigato r, co urageo us and absolutel y fear less, bur at all times entirely objective and fair . H e ;s a very just man , he is a co mpassio nate man , but Q man 0/ stro ng co n victio ns; and he has always, in h is service in th e S enat e, pur th e interest of th e Nalio n first and f o rem ost and th en th e interest o/ his nati ve State . I think th is is the pro p er o rder of prio rit y. H e has n ever bee" purlisan wh ere th e interes ts of th e Natio n ha ve been at stak e. Yet he has always been coo perati ve and understandin g with the lead ership, an d his wo rd has always been his bo n d. Wh at he says he will d o, he will do. He is a man of un shak eable int egrit y - depen dable, sin cere and ho n esl - an d h e is h is own m an , in depend ellt, altho ugh co n siderate of th e views of his co lleagu es. I wish to express m y perso n al gratitud e to th e senio r Sell alo r fro m Arkan sas fo r the leadersh ip he has shown in the fiRh t agaill st crime, ill th e fight again st co rrup tioll alld subversio n and
Sena to r Jo hn L. McClell an too k over th e C ha irm anShip of the Senat e Perma ne nt Subco mmitt ee o n Investigatio ns in Janu ary of 1955 , as successo r to Sena to r Jose ph R. McCarthy of Wi sco nsin. " I 'm und er Ihe gun o n this, bUI J'm n OI wo rried. Th e dUl y of Ihe subco m mitlee is clear. We've shak en up Ih e staff and we're go in g to go ah ead and clean up th e cases Ihal are hanging fir e. Th en we'll go after Ihe Ihin gs that n eed go in g aft er, n o t j ust th e Co mmunists, who of co urse will remain a majo r co ncerti , but co rruplio ll and in effi cien cy alld waSle alld th e gen eral field of Gove fflm ent o peratio ns that is o ur chief respo nsibility. We'll Ir y to do it witho ut sm earin g an ybo dy , and with a decent regard f o r the rights of Americ(m ci tizen s and Ih e dignit y of th e Senate." -McC lellan, 1955. The Senate Perm anent Subco mmittee o n Investigatio ns is auth o rized and directed by the United States Senate to o perat e within five areas o f jurisdicti o n with the respo nsibility to in vestigate and study: ( I ) was te and in efficiency in the executive branch of the Federal G o ve rnment ; (2) impro per activities in the labo r o r management fields; (3 ) o rganized crim e in interstate co mmerce; (4) all o th er aspects of crime and lawless ness which have an impact upo n or affect th e nati o nal health , welfare and safety ; (5) rio ts and civil di so rders. Altho ugh Senat o r McClellan 's 18 year s as C hairman res ulted in 107 separate investigati o ns which required public and exec utive hearings , th e Subco mmitt ee has handl ed many mo re in quiri es in which co rrective acti o n and administr ative changes and impro vements were taken wi thin the G o vern ment, in labo r o r management entities, o r in va ri o us pr ivate enterprises, with o ut need fo r fo rm al hearings. " I wo uld lik e 10 say that I d o n o t believe an y Mem ber of the Senate f eels that an investigatio n wo uld be in an y
ARKANSAS BANK & TRUST CO. Hot Springs 132
Arkansas
firm er, j uster , o r m o re equitable hands than those of th e distinguished Senato r f ro m Arkan sas. We all kn o w that th e Senato r will be j udicio us, thaI h e will give th e utm ost co nsid eratio n to every m ember 0/ Ihe co mmittee - co th e mqjo rityas well as th e minority - and that th e co mmittee will handle its respo n sibilities with co mplete fairn ess to the witn esses." Se nato r Edward M. Kennedy Mass., before the U.S. Senat e, August 11 , 1967 " On e of th e m qjo r attribules of Sena(o r M cClellan 's chairman sh ip of th e Senat e Perm an ent Subco mmittee o n Investigat io n s has been his willin gn ess to un dertak e in vesligalio n s that were highly unpo pular in so m e quarters. Th e inquiry into Ihe TFX aircraft is a case in po inl . In th e fa ce of trem endo us adve rse pressure f ro m th e ex ecuc ive bran ch of governm enl and f ro m within th e Senat e, Senato r M cClellan , exemplifyin g great perso nal f o rtitude and integrity, und ertoo k the TFX inves tigatio n . I kn o w of n o invesligatio n in recent histo ry rhat has been co nducted under m o re ad ve r se co nditio n s. Th ose respo n sible f o r the TFX fiasco were d etermined to suppress the truth at all coslS. But if thest gentlemen ever reall y ho ped 10 succeed in o bstrucling th e Subco mmiuee 's wo rk, th ey sadly und eres timat ed th e tenaci lY and reso urcefuln ess of its chairman , th e senio r Senato r f ro m Arkan sas . . I ha ve ser ved with the able senio r Senato r fro m Arkan sas 0 11 the fuJI Governm ent Op era/io n s Co mmiltee ÂŤnd this subco mmittee, except fo r a brief perio d wh en we were off the Subco mmillee, fo r what will be 18 years o n January 3 . For 16 of th e / 8 years he has served as chairman of th e Permanent Sub co m millee o n In vestigat io ns. All durin g that tim e, in cludin g this particular 8year in vesligat io n , th e sen io r Senato r f ro m Arkan sas. in m y j udgm ent, has exemplifie d th e restraint, th e m o d eratio n . an d the o lhe r basic qualities Ihat spell th e best in what o ne might call goo d j udicial temperam ent." Se na tor Henry M . Jackson, Wash., before Ih e U_S. Senate, December 18, 1970
THE~ Edgar A . May Manager
Hot Springs Arkansas MAY. 1973
"J commend the able and distinguished senior Senator from Arkansas for the magnificent job he has done during this investigation . Th e Senato r has come to be known as th e greatest r in Congress in the Nation. our country a vice in his the TFX and
THURMOND
THE ARKANSAS LAWYER
133
Senator In Action
Member , Senate In vestigating Subco mmittee- 1951
Chairman, Senate In vestigating Co mmittee-I962
With President Dwight D. Eisenhower
With Secre tary, D.O. D., Elliott Richardson
Arkansas Being Awarded SI ,788,OOO ill LEAA Funds-197 1
In Conference On AMTRAK- 1972
JOHN O. BROWN SAWMILL
CITIZENS NATIONAL BANK
Rt. 2 Box 17e
"The bank wanting to serve you most"
942路3888
Sheridan 134
Arkansas
-I. B. Fu ll er, Jr. Arkade lphia
PresidentArkansas MAY, 1973
The Senator Serving
With Robul F. Kennedy in /956
With Deputy ~crela,y of the Army H . E. Haugerud. 1963
Briefing a Colleague
N.L.R. Post Office Dedication in /965
With Economic Development
Ozark Dam Dedication, /969
Administrator R . A . PodestQ â&#x20AC;˘ 1<.172
CITIZENS BANK S. M. DIXON
Jack Gibson, Pres ide nt Warren T illar THE A RKANSAS LAWYER
Arkans as
Arkansas 135
Ihe anticrime has been truly And it should be Member of this body better and appreciates ,.jJro,,,ems of crime than McClellan Again, I tho!nk,:. behalf of the Senate 1Hl~~""mtlid leadership in this
SENATE MAJORITY LEADER MIKE MANSFIELD Mont., December 17, 1970
136
MAY, 1973
Anti-Crime Legislation Th e n ame John L. McClell an has lo ng been syn o nomo us wi th U.S. effo rts to co mbat crim e , str engt hen law en· fo rce ment and refo rm the ad mi n istr a· tion of cr imin a l j ustice. Hi s unpr ece· dented achi eve ments in thi s field have ea rn ed him Pres id enti al accl aim and the last in g grat it ud e o f a Nat io n engaged in an unrel entin g war again st crim e. Most o f the majo r laws in Am eri ca's crim e fi ghtin g ar se n al bea r the stamp o f Sen ato r McC lell an 's lead er ship , includ· ing: Th e Omnibus C ri me Co n tro l an d Safe St reets Act of 1968 - a lan d mar k sta tute to un it e and mob il ize all seg· ment s o f the law enfo rce men t co mmu n· ity fo r an effective, joi nt attac k aga inst the fo rces o f cr im e. Th is legi slation created the Law En fo rcement Assis· tance Admini st r ati o n which has d is· pen sed nea rl y $ 1.5 b ill io n in gr ants to up·gr ade loca l law en fo rceme nt activi· ties and ove r 13 m ill io n fo r mo re than 2 75 projects in Ark ansas a lo ne. Th e Organ ized Cri me Co ntro l Act o f 19 70, whi ch fo rm er Art o rney Gen eral Mit che ll ca ll ed "one o f the most im ag in a ti ve a nd c o mpr ehe n s ive pr o po sa ls to comba t o rga ni zed crim e ever int ro d uced in the Co ngress." T his law is ta k ing a heavy tol l amo ng the rank s o f pr o fessio na l cr im in als , and pr ovides law enfo rceme n t autho rit ies wit h such essentia l an ti·c ri me too ls as specia l grand ju ri es fo r in vestigati ng o rganized cr im e and gr an ts o f im mun · ity in excha nge fo r vi ta l tes ti mony. Th e Na rco tic Add ict R ehab ilitat io n Act o f t 966, a m ilesto ne in o ur Na· tio n's batt le agai nst d rug ad di ct io n, which ma rk ed a turnin g po int in th e Fed er a l Gove rnm en t's enfo rce men t procedur es and treatm ent of those whose drug d epend en cy have turn ed th em fr o m a pr o du cti ve li fe to a life o f cr ime . The Dru g Abuse Office an d T reat· menl Act of 197 1 whi ch estab lished a Spec ia l Acti o n Office fo r Dr ug Use Pr eve n t io n in the White Ho use to de· velo p a nd coo rdin at e a co mprehen sive str ategy to fi gh t il lici t dr ug traffic. The Sen at o r' s mo n ume n ta l effo rts to crea te a new Fede r al Criminal Co de th e first such co mp rehensive refo rm that has bee n und ert aken since 1970 moved rapidl y fo rwa rd . Afte r el ici ting
tho usand s of pages o f testim o ny and h ea r ing h u nd r eds o f witness e s , McC lell an'S pro po sed rev isio ns have no w been d rafted int o bill fo rm and In· tro duced in the new C o ngress. At 524 pages , this McC lell an meas ure is o ne o f th e largest and mo st impo rtant pieces of leg islati o n ever to co me befo re the Sen ate. Se n at o r Mc Cle ll an 's a r tic le , T he C hallenge o f a Mo dern Fede r al C r im i· nal Co de, pub lished in the J une 19 7 t iss ue o f the Ame r ican Ba r Assoc iati o n Jo urn al and his related speech o n March J 1, 1971 10 Ihe U. S. Senate. pu b lished in the Co ngr essi o n al R eco rd , Vo l. J 17, No. 33, ar e " must" readi ng fo r all. His speech to th e senat e o n Janu ary J 2, 197 3, co ncerning S. l • C riminal Ju stice Codificati o n, Revis io n, and R efo rm Act o f 1973 , is repo rt ed in th e Co ng ressio na l R eco rd , Vo l. J 19 , No. 6. Se nat o r McC lell an's pr odig io us rec · o rd an d r epu ta ti o n as a " Crime Fighter" has no t led him to rest o n h is laurels - he is car ryin g o n.
" John McClellan's magnificent reco rd again st crime an d violence can be equaled o n ly by his effo rts in behalf oj 'hose charged with rhe respo n sibilit y for apprehending crimi · nals - the pu blic safe ty officers - an d those who suffe r at the hands of th e crimin al - th e inn ocen t \'Ictim . Ir was Sen ato r M cClellan 's o utstandin g ad vo· cacy fhaf mad e possible to day 's su ccess· f ul acrioll Of' th e victim aspect of crim e. It was Senato r M cClellan 's leadership that has p rovided Ih e im petus fo r leg islat ive rem edies across the entire f ro nt of crim e issue. /n sha rI . Joh n M cClellan deserves lhe deepest thanks of a grateful Senate. Fo r his achieve· m ents in rh is fie ld he had not been sur· passed. Fo r h ;s steadfas t dt.'vo tioll , he ;s un exce lled. His alread y abulldanr rec· o rd has o nce again been enhan ced and the Am erican peo ple are o n ce m o re in his debt. "-
SENATE MAJ O RI TY LEA D E R M IK E M ANSF I EL D , Bdo re th e Se nat e, Sept emb er 18 , 1972
Senato r M cClellan shown m eeting with Allo rn ey Gen eral Jo h n N. Mitchell , Health , Educatio n an d Welfar e Secretary £lIiO ft L. R ichardson an d Depu ty Secretary of Defense Da vid Packard p rio r to rh eir appearance before the Senator's j o int subco mmittee hearin gs o n pro posals to create an Exenll i\'e Office fo r mo unt· in g a co ncert ed effo rt again st drug ab use .
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L. W. CLARK, INC. Lawrence W. Clark, Pres ident 352-2665 Fordyce THE ARKANSAS LAWYER
Ark ansas
D. J. BARNES LUMBER CO . Rt. 1
352-7141
Fordyce
Arkansas
137
McClellan-Kerr Arkansas Monument To The ManMcClellan ... (Editor's Note: There are many impressive monuments to Senator John L. McClellan-e.g., his record as a crime fighter and Senate investigato r-bur the most filling of all is the McClellan-Ker r Arkansas River Navigation System . The System 's benefits will be enjoyed by gen erations of Americans to come. It is for this reaso n we have devoted these pages to the System . While we have not been able to recount all of the steps in the System's development, the following dedications teli (he story and also give us a fu rther insight into the Man-M cClellan . " The A rkansas - Renaissance of a R iver" is an interesting booklet published by rhe U.S. Army Engineer District, Lillie Rock, Arkansas. We also are indebted to the Arkansas GaUlle for the use of the paper 's file on Senator McClellan.)
1962
With its beginnings high in the Rocky Mountains of Colorado, the A rk ansas River winds its way some 1,450 miles to th e Mi ss issip pi River. Ri ve r boats pushed th ei r way up the Arkansas in t he 1820's, reach in g Liltle Rock and Fo rt Smi th in 1822. Early river boat ca ptains were a cou rageous and adventuresome breed, as th e very ex istence of a navigable channel depended upon the whims o f nature. Nature could turn th e Ar kansas River into a raging tor rent-in fac t, an 1872 repa n listed 11 7 steamboats lost on the ri ver. an d the report was not complete . The river trade n o uri shed until the 1880's. when se ri o usly cu rt ail ed by the co mpl e t io n of railr oads . Th e Arkansas Ri ver with its catastrophic fl oods, ba nk e rosio n and va r ious o ther hazards. co ntinu ed to pre se nt the most se ri ous of c hall e nges
FIRST NATIONAL BANK " More Than MoneyPeople Are Our Business" C. W. Harper Conway Presiden l Arkansas 138
WARD SCHOOL BUS , INC. "Give me God 's blessing, health and friends, I'll do the rest ." - -Dave H . Ward Conway
Arkansas MAY, 1973
River Navigation System
PLAN 10
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SC A LII 0,. "ULE. 10 ZO SO
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PINE BLU FF
The d eve lo pment of the Arkansas Ri ver fo r navigation , flo o d contro l, hydroelectric power generati o n , and recreatio n is the largest civil works project ever und ertaken in the United States. Autho rized by the Congress in the River and Harbo r Act of July 24,1946, construction began in 195 7. In 1971, the Congress designated it as the McC lellan-Kerr Arkansas River Navigation System . Senator M cCle llan has often comme nted o n the early vision of the noted Fo rt Smith Editor - the late Clare nce Byr ns - who foresaw the unpreced e nted o ppo rtunities for social, c ultura l a nd economic advancements which the development o f the great ri ve r would bring to the peo ple and State.
"/ live o n a bluff overlookin g the Arkllnsas Ri ver bel ween Fort Smith and Van Buren. Sometimes / stand a ll my fronl porch and look forty-jive miles down the valley 10 Mount Magazin e, and dream. / see (WO phases of the river-what it is and what il can beco m e. "/ see what it is and has been. / remember Ihal it overflowed its banks seventy times;n thirt y years. / remember that droughts afflict o ur farms t wice in every gro win g seaso n. " / rem ember that eight y milliml acre-feet of water flow down th e Arkansas and th e White and R ed every year and on o ut of Arkansas, unused-a [reasure going to waste. " / look again WId / see a paradise of plen ey in Arkan sas and Oklahoma. / see a greal flew market for the industries yo u have buill in the developed areas of the Valley. / see a growing populatio n, a growi'lg income, a growin g capacity to produce for your children and mine. "/ see great barge tows laking out ou r raw materials, wheat, oil, cann ed food, coal, timber, bauxite, rock, an infinite va r-
iety of finished products of industries we have established and shall or lo ng last attract. "/ see other great barge loads co ming up-river, brin ging us al co mpetili ve freight costs goo ds from all th e world-steel from the great u nlers, chemicals from the banks affhe in/WId waterways, automobiles, fa rm equipment, o il field supplies, fert ilizers. "/ see a great area resto red to a co mpetitive basis. / see our people co ming back hom e. / see new peop le co ming to share in the develo pm ent of Am erica's last great fronlier. / see inco m e rising to natio nal levels o r above, full oppo rtunil y to develop o ur basic resources-so it, water and the infinite capacities of the people. "- Edito r Byrn s Senator McClell a n had in 1943 introd uced a bill to deve lo p the Arkansas River Basin . Alth o ugh President F . D. R ooseve lt suppo rted the bill, wo rld conditions pro hibit ed autho rizati o n of this project until t 946. In 195 t , President Truman placed a "freeze" o n th e funds for the Dardanelle Dam project because of the Ko rean War . Pres id ent Trum a n subsequently e nd o rsed the project as "necessary to the d efense effo rt. " In 1956, th e Cong ress included mo ney in the an nu al ap pro priati o n bill 10 start the Dam , a nd overrode Pr esident Eise nh ower 's veto. And the saga unfo lds . ..
ORMOND INSURANCE AGENCY,INC. " Morrilton 's Oldest Insurance Agency" Ar thur V. Ormond Charles L. Ormond THE ARKANSAS LAWYER
Morrill to n Arkansas
LOVE SUPPL Y, INC. Charles Love U. E. Love Earl Love
354-2407 Morrillton Arkansas 139
Beginning In Arkansas
Go vern o r Faubus, Senato r M cClellan , Co n gressman Trimble, Co lo n el Maynard
Dardanelle Dam Dedication. • • Over a ll co nstru cti o n o f th e D ard anell e Loc k. and Dam was started in Jun e 19 5 7 , and co mpl eted nin e yea rs later in 19 66. Th e total projec t cost was abo ut $8 2 ,000 ,0 0 0 . On M ay 13, 19 6 6, the Dardanell e Lock and Dam was d edi cated befo re a cr owd o f dignit ar ies and inter ested c iti zen s. G ove rn o r Orva l E . Fauhu s, Lt. G eneral Willi am F. C ass id y, Chi ef o f Arm y Engin ee rs, Co ngr essman James W. Trimble o f th e Third Ark ansas Distr ict, and D ard anell e busi nessma n Har o ld Sn yd er parti cipated in the ce rem o ny. Senato r M cC le ll an gave the princ ipa l address o f th e d ay. " This is, indeed , a lo ng awaited fo r, very sp ecial, and m ost significant occasio n. Today marks a milesto n e that is beyo nd the half way d istan ce to co m pletion of o ur all-impo rtan t Arkan sas Ri ver na viga tio n and co m p rehen sive water reso urces project. * * * " Th is large multipurpose dam of co ncrete an d steel, which has been laid and which no w stan ds across th is magnificent ri ve r, is a lasting tes tim o nial [ 0 th e visio n , in genuity, an d reso lve of the progressive and enterprisin g citizen ship of th is valley. It will remain here down thro ugh th e vista of tim e as a m o nument of the unwavering fa ith , wisdo m , and perseveran ce of an enlighten ed and ded icated peop le. " This dam - this key fac ility in the vast water way tran spo rtatio n system we are buildin g - is quite sym bo lic. II is a sym bol of an area of m en 's dream s - of d reams that not o nly en visio n ed co n venien ces, advantages, and ben efit s fo r th e pr esent but whi ch also co ntem plated the need s, requirem ents, and we lfa re of f uture generatio ns.
" It is a symbo l of greatn ess- oJgreatn ess of o ur natio n , of its m ight and of its po wer , and of th e skill an d co mpetency of th e Co rps of Arm y Engin eers which plann ed an d built ie. * * "It is a sym bo l oJ the ho pes and aspiratio ns of rh e m en who pio neered in th is great endea vo r - man y oj who m are no lo nger here. I am sure th eir spirit is with us to day rej oicing with us in this wo nderful achievement. * * * * " Dardan elle Dam is a represen tati ve symbo l of rh e entire p roject. * * * * " But , we must rem ember that the co mplet io n of this multipurpo se na vigalio n project does no t bring to f ulfillm ent all of our aspiratio ns and d ream s. Primaril y. its final co mplet io n will o nly brin g to us the multiple op po rtunities that we seek to p ro mo te eco no mic p rogress an d to enhance the prosperit y and che we lfare of o ur people. " The use and advan tages of rhose o ppo rtunities must still be aggressively pu rsued and ex plo red iJ we are to reap the m ax im um ben efits Ihar are inh eren t in and presenled by this A rkan sas Ri ver Basin program . We cann o t rest upo n o ur laurels - stand by an d do no thing. " It is, Iherefo re, up 10 each co mmunity and to all of th e peop le of the valley co llectively 10 activale enthusiastically and en erge ticall y these o ppo rtunit ies and co n vert th eir. potentials in to realit y. " I am co nfide nt we will do j ust that. If we do , th en no sectio n of this nat io n during th e next decad e o r so will ha ve a mo re su bstan tial eco no mic gro wth and a m o re sustain ed prosperity than we shall experien ce here in the Arkan sas R iver Valley."
HeI~Youl ( ,()I.I'I~ AS~"' t·
jushn'
LAW DAYjjjjjjjj
MAY1._.
140
POPE COUNTY FRIENDS
COMPLIMENTS OF
Of
J. R. Bemis
Jo hn L. McClellan
Prescott
Arkansas MAY, 1973
Pine Bluff
--Pine Bluff Port Dedication ... On September 13, 1969, Senator John L. McClellan made the principal address at the dedication ceremony of still another important public improvement in conjunction with the McClellan-Kerr Arkansas River Navigati o n System - the Pine Bluff Port and Harbor facility _The Senato r remarked in part - - - -
"/ highly co mm end and co ngrolulole the enterprising people of Pine Bluff for having provided this m ost modern and excellent shipping facilily. lis technological and service qualities certainly co mpare most favorably with the best at ocher inland water porls throughout the country. And, in view of this por' being located on a large slack water harbor, - an ad vantage n o l co mmon 10 river ports - it can no doubt , be o perated wilh mu ch grealer efficiency and economy. "This porI and ilS rdared induslrial park is another Iestimonial to the civic and progressive spirit of th~ cililens of this community. Ie f urther demonstrates your vision and purpose to take full advantage of Ihe opportunities which Ihis rive r deve lopment afforls. Again, in this project, you have manifested your failh and your willingness 10 invest in the future prospects and developmen/ of our wonder state . •••• "/ can say to yo u witho ut any reservation that no other city on this River - no other community in the Arkan sas valley - has greater prospects o r beller o ppor/unities to grow and prosper industrically and economically. Pine Bluff is most advantageously located . Yo urs is the major Arkan sas River port nearest to th e Mississippi River and to the Gulf of Mexi co, and as such , it becomes the foundalion link - the anchor link , so to speak - in the chain of ports that will serve navigatio n on the Arkansas. The multiple benefils thaI will flow to industry. farmers , and business will surely mean a
Iremendous boon to this seclion of the State." • • • • I think the impressive industrial and uonomic gains Arkansas has made during the past len years are slrikingly significant and dire-clly relaled to our water resource programs. Due to tho se gains, the value of Arkansas' manu faclured products in that same period of time rose 108 p ercenl as co mpared 10 the nalional average rise of only 72 percenl. Per capita in co me in Arkansas increased 80 percenl co mpared to the nalio nal average of 65 percent . During Ihe past four years, total payroll employment in creased 42 p er cenl in four of our major cities (Lillie Rock, North Lillie Rock, Pine Bluff and Fort Smith) against a national average rise of 29 percent . • • • • " Manufacturing capacity in the United States must co n linually be enlarged and expanded in order to meet the needs of our increasing population and requirements of foreign markets. The ghettos, the slum areas, the polluted air and water, the housing shortage, and the congested transportation difficulties Ihat now prevail in praclically all metropolitan areas are compelling reasons for the decentralization of industry. Arkansas is destined to be one of th e chief beneficiaries of thaI decentratizalion and expansion. We have the nalural resources, the water, Ihe climate, the labor, and other attraction s that presenl a persuasive inducement to astute manufacturers and in vestors. Many of them are already co ming our way. Therefore, we can expect and must be prepared for an unprecedenled influx of new industry in the immediate years ahead." A re lated note - Senato r McClellan recently worked to convert the bi o logical warfare ope rati o ns at Pine Bluff Arsenal to the peace-time use as a Natio nal Center for T ox icol o gical Research .
HelL) Your Courl'>
ASSUre .AJShCe
LAW
DAY. MAY1._.
BROWN MANUFACTUR I NG COMPANY
Sam L. Brown
PINE BLUFF TI RE & RUB BER COM PANY PINE BLUFF
ROBERTS BROTHERS TIR E SERVICE LITTLE ROCK
P i ne Blu ff -
THE A RKANSAS LAWYE R
For dy c e -
Sheridan Clarence, Gene, and Bi ll Roberts 141
The Arkansas River
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r Terry Dam Dedication To honor one of A r kansas' leading Congressmen who
worked for the deve lopment of the McClellan-Kerr Arkansas River Navigation System during the days when it was only a vision , the structure was named in honor of former U .S.
Representative David D . Terry of Little Rock (1881-1963), Terry served in the Congress from 1933 to 1942 . Ten years after he left Congress. Terry was still supporting the drive for funds before t he House Appropriations Committee in 1952 .
On October 4. 1968. Senator McClellan "pinchhil" for President Johnson and gave the principal address at lhe dedication of the Terry Lock and Dam before some 5000 spectators. The Senator conc luded his dedicatory remarks by donning a hard hat and pressing a large button to symbolize the opening of the Arkansas River to navigation from the Mississippi to Little Rock. Senator McClellan commented. in part - - "This magnijicenl devt'/opmenr program again emphasiz.es aud dramarizt's Ihe universal and l' verlasting value o/water as a vil(ll IIal/ira/ r('sourC(' u"cI as all indlspl'flsable requiremenf of all plallf, allimal, alld human lijt,. I f demonslrares on('(' more thar irlgl' lIuity of man in harnessinK and trallsforminK Ihe dl'strllcrive power of a mighty and turbulenf river inlo a conslruClil'e foret' for III(' r(' d(mUlIion and protection of vaSf {lrt'as of agricultural lands. for IIil' supporl of economic and industrial development. jor thl' gnlt'ration of hydroelectric power. for irriglllioll {lnd ((' en'alion. and for other bl'1lefjcial servin's 10 meel human fll'l'd.f. ** *'" "Tllis illustrates to us in till' Arkansas Valley IIow extremely jortwllltl' we CIf(' to 11(1\'(' such WI immense quantity of gaud qualilY. dean waler . If we fUr/her develop and conSl' r\'(' 10 the I1wximum POlt'lt/ial our warer resources. flOlwithstand· ing Ihe treml,tldollS induslrial growth Ihar we anlicipole. il will surely be (motlier half century or maY(' bl'fort' we en· COWI/('r here in Arkansas any rt'al shortage itl quanlifY or
•••
quality in our waler sltpply. ** ** " In rhis agt' , we generally assaciale speed with modern travt' l and transportation. Bur. all river trafji c. spe('(/ is not an impurtant factor nor does it nl'ed to be. There is a lmlg list of materials and commodities well sl1it('(/ for bargl' trafjic thai will produC(' tonnage in qtWnlifies for in excess of Ihe ultraconservative eslimate of 13 million Ions annually, the jigure used by Ihe Corps of Engineers and lite Co tigress in determining Ilu' benejit-cosf ratio which l'srablished Ihe economic justijic(lfion for Ihis program .**** "The introdu clion of barge traffic 011 Ihe Arkansas River will jill a signijicant and long-exist ing transporlation gap in this valley. 8U1. comrary fa some misconceptions, the illauguration of barge traffic will nOI do injury to other modes of commerce . In fact. by reason of its inherent qualities of moving bulk commodities and raw materials (If low cost , it will serve as cut economic stimulator which will rn/nUlld to the a<ivanruge of all other forms of trml spor/alion. "River rransportation aClua"y sustains and nourishes industrial expansion and product ion. The finished produ.ct thaI flows from such indusldes. tile increase in population. and fhe business activities which indusrry brings 10 a communilY greatly augment lite fn' iglit and cargo normally carried by railroads, truck lines, and air transportation . Thu.s , as a remIt, all forms of IranSpOrl(lfioll profitably share in the increased volume of commerce and in Ihe enhanced economy of Illm area. "The completion of lhis Arkansas Ril-'er Development frogram will bring benejils and present a multirude of impressive opportunities roo numerous to mention. Those benejilS and opportunities are not just fallfOsies - flor JUSI figmenls of the imagil1arion they are real and getlUine. ****"
HelL) YOUI COUlIS
Ass.Jre .,h;,rStoee
LAW
DAY..,
MAY 1 .!l!W1!.
142
ARKANSAS PETROLEUM COUNCIL
K. K. BISHOP
- Herschel Parent, DirectorLi ttle Rock Litt le Rock
Arkansas
A rkansas MAY,1973
At Little Rock
Murray Dam Dedication ... Senator Jo hn L. McC lel lan, in his dedication address for the Jack C. Murray Lock and Dam at Litt le Rock on Ju ne 12 , 1971 , pointed up the benefits already appa rent from the development of the Mc C le ll an-Ke rr Arkansas Ri ve r Nav igation System, - " We are beginning (0 reverse lhe decades of migrotiorl which have caused our (owns 10 become deserted and our large cities and metropolitan centers [0 grow compacted. "We are beginnin g 10 revitalize withering rural eco nom ies
and to alleviate the diseconomies of conjesred urban areas. "We are beginning to bring fresh oppo rtunities (0 those des;ri ,lg work and a healthful enviro n ment ill which 10 live.
"We are beginning to effect a new socia-eco no mic balance between metropolitan needs and nOIl路metropolitan develop,ne'l t. " Th e Lock a nd Dam at Lillie Rock is app ro pri atel y named for the late John C. Murray - Traffic Manager for the Little Rock C hamber of Comme rce - who was Arkansas' outstanding expe rt on commerical traffic. Hi s concl usion to make Arkansas competitive with the rest of th e Nation was to develop the Arkansas River In la n d Waterway. "H is vision, his faith, his enthusiasm, and his advocacy of th is program induced others to come to the same realizat ion and give their SUPPOrf to this project ".
Senator McClellan further comme nt ed - "Arkansas' prominence as a tourist and recreational a/traction lias been greatly enhan ced as a result of th is navigation system's invaluable by-producf - more lakes and park Icm ds. Already a sportsmen's paradise, tho usands of lIew visitors will come 10 o ur Slate each year to enjoy its very special vacation (md recreational pleasures. And even mort' important, generatiolls yet unborn will someday l'xperience the priceless jo ys of nature because of the rich legacy which ,his river development bestows." De ve lo pm ent of rec r eat ional facilities o n the lak es formed at Little Rock by the Jac k C. Murray Lock and D am and by the D av id D. Terry Loc k and Dam provides an addition of so me 800 ac reas to the rec reat iona l acres of the Greater Liltie Rock vacin ity. Eigh t publ ic use areas wi ll be available on the two lakes. One of the most modern overlook shelters in the Nation has bee n constructed on a hillside at a site ove rl ook in g the Murry Lock and D a m. Visitors are afforded a scenic vie w of boats a nd barges passing through the lock o n the ri ve r below . The b u ild ing, const ru cted of native roc k. contai n s a permanent ex hibit depicting the development of the McC le ll anKerr Arkansas r iver Navigatio n System.
ELECT RI C CO OPE R AT I VES OF ARK A NSAS Salut e
Se nator McClellan THE ARKANSAS LAWYER
VENABLE LUMBER COMPANY - Doyle Venab le, PresidentNorth Little Rock
Arkansas 143
DEDICATION McCLELLAN-KERR ARKANSAS On June 5, 1971, President Richard M. Nixon dedicated the system at Catoosa, Oklahoma.
Hell) Yovr Coutts
Assure Jushc:e
LAW '
DAY. MAY1._.
144
Bell- Bur rough-Uer ling & Brasuell - Consulting Engineers, Inc.Fort Smith Arkansas
"Biggest Bank on the Border" first national bank of fort smith MEMBER FDIC MAY. 1973
RIVER NAVIGATION SYSTEM In accepting the Gold Commemo rative Medal of the Dedication of the System, Senator John L. McClellan spoke from these handwritten notes:-
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LARR Y CARTER CONSTRUCTION, INC.
LAW
DAY. MAY1 ,_ ,
Fort Smith
THE ARKANSAS LAWYER
Arkansas
GARLAND COAL & MINING COMPANY J. F. Porter, President E. S. Stephens, Vice-President Arkansas Fort Smith 145
Camden Calls The industrial park typifies the growth a nd devel o pment which Senato r J o hn L. M cClellan works for in Arka n sas. When the Camden Nava l Ord-
HIGHLAND IND UST RIAL PARK - A CASE STU DY IN GROWTH & PROGRESS -
in an ce
Plant -
The u ld
Shumaker
Naval Ammuniti o n Depot cl osed and 3000 peo ple we re th ro wn o ut of wo rk , the Senato r as Chairman of the Sen ate Committee o n Gove rnm ent O per ations bl oc ked the sale o f this pro pe rty for scrap and , wit h the ai d of the Arkansas Congressional de legation . private industry, State and lo cal offica ls, saved it for indus tria l development.
Brown Engineering of H o ust on, Texas brought the o ld depo t's bui ldin gs in 1961 and began th e industrial park . The firm gave six buildings and 70 ac res o f land to Arkansas for a techni ca l in stit ute a nd a po li ce academy fo r trai n ing law en fo rceme n t o fficers . On October 19 , 1967, an "a ll o ut ce lebrati o n " h o n o ring Senator McC lellan was held at Camde n . H e dedicated the stat e's then newest Technica l In stitut e in th e Highland In ¡ dustria l Park . The Industrial Park no,", ho uses 20 companies, em pl oy in g marc than 2.500 people, with an an nu a l payroll of S 15 million .
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COMPLIMENTS OF
HIGHLAND INDUSTRIAL PARK
Mike Berg
- A Division of Highland Resou rcesEast Camden
Arkansas
Camden
Arkansas
MAY, 1973
Arkansas Destiny
Hampton Bridge Dedication ... In his speech at the dedication of the Wayne Hampton Bridge on July 10, 1971, Senator John L. McClellan continued to pursue his theme of how imponant the McClellanKerr Arkansas River Navigatio n System is to all - - "We do nOl know what we of this generation may be remembered for , bUl l believe, in part, we in Arkansas will be remembered as deve/opers and builders. We are surely rhe developers of our mighty rivers and rheir entire drainage basins and builders of 'he co lossal locks and dams and barge canals as well as of (he imposing and necessary bridges, like this one, thal span our widened and deepened rivers. * * >I< * "[ think we can say thaI in a very meaningful way this bridge - (his magnificent structure - is fypical of Arkansas ' growllt during the paSI few years. And, particularly it is symbolic of fhe progress our state is making by reason of the multipurpose development and the inaguration of navigation all lhe Arkansas River. * * * * "The wasteful and destructive force of this heretofore wild and unruly River has now been turned into a co nstruclive power for co nserv(llion , prodlictivity, and the enhanced welfare of our people . The harnessing and management of fhe flow of lhis fUrbulent stream through the stabi/ilarion of irs banks; fhe drt'dging and rechanneling of its co urse; Ihe creafion of new ports, harbors. Gnd industrial parks along its shores, the recreational opporrunifies that it presents; the abundance of low cost hydro elect ric power fhat it generates;
and the barge transportation that it makes available, permitling us to ship cargo to all posts of the world - all of these factors - have transformed this River into a great and lasting (Isset of untold value. These vast improvements have eliminated the costly liabilities of flooding , erosion, and destruction which often occurred. * * * * "We should now turn from the completion of the development of the main channel of the Arkansas River to further development of its tributaries and their drainage areas and likewise to the development of all major river basins in our state. This, I think, is a way fa insure our state's future growth, progress, and prosperity. * * * * "Truly, Arkansas has a vital role to play in the future destiny of our nation. The people of Arkansas are determined to meet their responsibility and to play that significant role in our nation 's future by exercising the highest qualities of citizenship and by aggressively pursuing progressive and co nstructive programs - programs thai will insure the fulles! development of all of the material and human resources thaI we possess." Pendlet o n is rough ly across from Arkansas Post - the o ldest white sett lement in Arkansas and the first capital of the Arkansas Territory. It is interesting to note that the I1rSl steamboat to enter the Arkansas River was the COMET, which left New Orleans on March 23, 1820 and arrived at Arkansas Post on March 31 sl.
Help Your Coufrs
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DAY. MAY1._.
D UMAS MOTOR COMPA N Y
J, W. PORTER LUMBER CO., INC.
Merle Peterson , President 382-4825 Dumas Arkansas
C . P. Chan ey, President
THE ARKANSAS LAWYER
946-3511
DeWitt
Arkansas 147
The Environmentalist The environment is a popular subj ect these days - but Senator John L. McClellan has been work ing for years to protect and better the environmenL
He is nationally recognized as a leader in water resources develupment and served as President of the Water Resources Congress for 10 years. In his address, as principal speaker before the National Rivers and Harbors Congress, o n March 19, 1970, the Senator expressed his concern in no uncerta in terms - - -
" Mall has abused and polluted many lakes. rivers and harbors by allowinK (linn 10 become cOf/laminated repOSitories for every conceivable kind 0/ waste and decay. " Ind eed, willi respect 10 the abundant water resources with which our nation is so richly endowed, we fi nd thar, as a people, we have in some areas excer ised the highest and beSl in \'ision and wisdom ; and ill other areas, we have exhibited the worst in practice and habit. "The 'best' is demonstrated by the marvelous multiplepurpose improvements we have made o n many of our major streams for flood control, hydroelectric power, recreation, irrigation , and navigarion. The 'worst' is evidenced by the reckless rleglecr and abuses that have contaminated and polluted our rivers and lakes, particularly in metropolitan areas, with waste, filth. al/d sewage which n ow stigmatizes so many of our congested industrial arid crowded eellters of population. " The SenalOr has been the leading proponent for the plan to preserve some 70,000 acreas for fish and wildlife habitat in conjunction with the Cache River channel improvement project. In his arguments before the Senate Committee, he stated: "Congress will have to take immediate action if these in comparable, irreplaceable rivers and wetlands in the Cache Basin are to survive. The unique and great ecological treasures found in this Basin not only belong to Arkansas. lhey belong 10 all Americans and for all generations to come. Stepl' must be laken now to insure the preservation of this priceless natural heritage. * '" '" * " This expanded mitigation plan is the only hope a/preserving thew! timber lands. If this propulul il' not enacted and rht'se lands and easements acquired, will/in a few years the owners 0/ these lands will hm'e cleared them into cultivation. The only way (0 preverJl and srop lhis from being dOlle is to adopt and execute ,I/is mitigarion proposal. Otherwise, all pOlential fish and wildlif! habitats in the area will be permanently lost or destroyed."
o -
Senator McClellan has worked to get millions for Arkansas from the USDA Soil Conservation Service for co nservati on, watershed and nood prevention; from the USDA Forest Ser路 vice for trees and land management; from the Department of the Interior for sport fisheries and wildlife se rvi ces: from the Federal Government for the national wildlife refuge to be established above the Felsenthal Dam site; and for many o ther related projects.
H. G . TO.LER & SON LUMBER COMPANY, INC. Leola 148
Arkansas
HERMAN WILSON LUMBER CO. Leola
Arkansas MAY. 1973
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"/ highly commend the senior Senator from Arkansas for his long and diligent search, inquiry, investigation, weighing, and evaluation of rhis troublesome problem in connection with our The Senator has been ~, pain.staking, He has used his with exactness and
The Senator has been , as always, and he has tndered a g"ar service to his JOHN C. STENNIS • 1967
... (!J
Of The People
NY50N OIL
COMPANY
COMMERCIAL BANK & TRUST CO. "Community Builder" Monticello, Arkansas
Smackover Arka 150
MAY, 1973
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The Philosopher
In May, 1966, Senator McC lellan gave the dedication address for the new John L. McClellan Senior High School at Little Rock. Five years later, he returned to give the baccalureate address to the graduating class. Some of his personal phi losophy is reflected in his words, - - "Each of us by our thoughts and aclions is a sower o/seeds. We all have the opportunity and duty to God and to our fellowman to sow our seeds 0/ thoughts and deeds on "goo d ground" - on ground that will produce and yield fruit - rather than to cast them by th e wayside, among the thorns, or on stony ground where they will neither bear /ruit nor be productive. "As individuals - as free agents - we each have a choice. Thus, to a very large degree, we each become Ihe architect 0/ our own destiny. If you are ambitious, industrious, and have worthy goals in life, you can most likely auain those goals. But , to do so, you must, 0/ course, choose wisely and be willing to pay the price that success requires. * * * * "Time is a priceless asset, and we should not trifle with it. Often the misfortunes and failures that we observe in the lives of so many individuals can be directly altribUfed to th e tragedy of misdirected energies and wasted years. Just as the waste or sq uand ering of assets will bring a business enterprise to insolvency and bankrllplC:Y, so too will [he dissipation alld wasle of time bring Cl IIUm("1 life to unhappiness alld failuf(' . "True happiness, in large part, is found in the joy oj working, itl the allaitlml'flf of goals, and in contributin g with our deeds and services to worthy causes and objectives. As you cross 11iÂŁ, rhreshold 10 and incur the respo nsib /ities of maturity, you ellter the arena of human enterprise in a most
significant way. It is then that you begin to assume the responsibilities that a well ordered society in a democracy imposes on ilS citizens. * * * * "Do not let patriotism - love of and duty 10 country become of no concern to you and meaningless in your life. A democracy must have the loyalty and support of its citizens to survive. Without that loyalty and support, freedom in our land would perish . * * * "Now, in closing, I should like to mention for your evaluatio n and consideration three ancient but sound, strengthening, and character-building philosophies. "The first, 'Know Thysel!,' is of Greek origin. It is attributed to Thales, one oj Ihe seven wise men of Greece. Know yourself and appreciate and understand your limitations, of course, but also analyze and make a correct appraisal of your talents and capabilities, and then utiliz e them to the fullest. "The second , 'Control Thyself,' is of Roman origin and expressed by Marcus Aurelius, thusly. 'Remember this, that there is a proper dignity and proportion to be observed in every act of life.' Self-control and sel/-discipline strengthen us in avoiding evil and in resisting temptation. Further, selfco ntrol gives to us a sense ofpower and serenity from within . "The third, 'Deny Thyself, ' is from the teach ings of Christ . Jesu s said, '1/ any man will come after Me, lei him deny himself, and take up his cross and follow Me .' A lIfe a/service to God and count ry and to yo ur fellow man will involve sacrifice, but it will also be inspirational, productive, and grati/ying . * * * * "Go forth, remembering that Jesus said, 'Let him who would be greatest among you be the servant of all. '''.
THE CITIZENS OF WEST HELENA ME R CH ANTS & PLANTE R S BANK & T R UST CO.
Stone, PresidentArkansas THE ARKANSAS LAWYER
Sa/ute
Senator John L. McClellan Jesse Porter Turk Corder Doug Simmons James P. Baker Gene Schieffler 151
HONORS
Arkansas' Most Illustrious Son Th e honors an d awar d s bestowed u n SenalO r John L. M cC le llan a re leg io n - and prestigious • Spec ial Merit Award of the Arkan sas Bar Foundation and the Arkansas Bar Association • George Washington Award of th e Freedoms Fo undati o n at Vall ey Forge
• Great Living Ameri ca n Award of the U.S. C hamber of Com merce • Halt o n IJ . Sumner s Awa rd o f the Southwestern Lega l Fllundali(ln • Furtherance of Ju sti ce Award or the National District At-
torneys Association • George
Wash ington
Award
of the
Am eri can
GO(ld
Guvern III en I So c ie ty • COlllmendat ion of the Un it ed St ates Se nat e
• Grand Lo dge Meda l o f H o no r • T ypifying these honors is the R eso luti on un a ninwu s ly passed by the Arkansas Legislat urt: in 1971, recognizing Senator Mc Cle llan for "his many yeaf.\' ofdevo(ed public ser -
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vice 10 Ihe State of Arkansas and to Ihis Nation as a member of the Co ngress of Ille United States and for his unwavering s/alld iI/ dl,/ellse of freedom and demo cracy. his patriolism GlIlI loyal ty. and for his vigorous and co n stant efforts to com hal crime and forces of corruption. subversion . and rn'o lurion in America ." • Acco mpanying the R eso luti o n , a p laque was pr ese nted al a Jo int Session o f the Arkan sas Legislature to the Senator, read ing - " To SenalOr Jo hn L. M cClell<m in appreci(llio n for his ma" y years of dt'dicated and public servi ce 10 (//(, peopl e of Arkallsas anti America. For his efforts in building Arkan sas and cr e(llillg economic oppo rtunities. For his aggressive efforfJ 10 present' law and ord a and fo r his steadfast ('0 111 milmefl( to the principles and ideals ofdel1l ocracy. Presenled in dl' (' p grmirud(' f rom Ille 68111 Gnleral A ssembly a/t he Stale of Arkansas Ofl the 26th day of February. 1971 . " " N e is Arkansas ' M ost IlIu slrio l(s 5011." - R esolut io n of Tribute and Honor . Am e ri ca n Good Government Society.
J. S. & J. S. BEEBE, JR . OIL
MAC FARLANE COMPANY
ACCOUNT
-James H. Nobles. Jr. Managing Partner
P.O. Box 1551 EI Dorado
862-1318 Arkansas
204 Armstrong Bldg . EI Dorado
863-6060 Arkansas MAY. 1973
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THE ARKANSAS LAWYER
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Arkansas' Strong Voice - To grant federal consent to the Arkansas River Basin Compact, signed earlier by Arkansas and Oklahoma . - To provide civil remedies to victims of racketeering, vi o lence and lht!ft. - To provide compensation to public safety officers victimized by crime and to their survivors. - To provide a special bonus for members of the armed forces held as prisoners of war during the Vietnam era. - Authorizing the preservation of a 70,000 acre fish and wildlife habitat in the Cache River Basin. - Authorizing construction of a highway bridge over Lake Norfolk. - Authorizing a feasibility study of a north-south interstate highway through Arkansas.
John Litlle McClellan has fulfilled the 1904 prophecy and challenge of his namesake Congressman John Little ." halte no doubt ,hat in the future you will reach honor and distin ction as a citizen and public man, bur to do this requires industry and hard work, (lnd WI honorable and upright life , "
John L. McClellan has worked longer - for Arkansas - in the United States Senate than any other perS(ln in the State's history . During his 30 years in the Senate. he has provided the leadership necessary to guide through major constructive legislation of vital importance 10 the Nation and to Arkansas . His efforts for crime control. river and harbor improvement and beltcr government management are well known . In addition. his major concerns have in c luded legislation for greater job opportunities. income tax relief, beneficial dispoSition of surplus property. aid (Dr farmers and rural residents. voting rights for 18 year nld s. and many (lthcr . illlportant areas. During the first week's sessi ll n u f th e new Cungress in 1972, Senator McClellan introduced 10 bills - - Tn revise the federal criminal co de. the fir s t such comprehensive ref(lrm thai has been undertaken since 1970 . - To provide Congressional consent lor states to enter inlO intrastate environmental compacts. and thus Jointly attack their mutual problems of pollution . - To establish a national policy for revitalizing rural areas and promoting econ o mic gr o wth in o ther economically deslressed areas.
Help YOUI CowlS
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~ "~~: '.'路t'"
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ELK HORN BANK &
TR~s~!eC1~~,~ANY w. B. A. C, Stone, President
de YAMBERT INTERESTS
John S. Currie William S. de Yam bert Wilmot Arkansas
Arkadelphia _ _ _ _ _ _ _ _ _ _ _ _ _Arkansas _ _ _ _ _- L_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
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THE ARKANSAS LAWYER
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The Senator's standard offaithful service and respo nsible leadership is also o ur standard . . . . .
FIRST FEDERAL SAVINGS & LOAN ASSOCIATION "Where you save does m ake a difference" P.O. Box 160, Ma lve rn
156
332 -523 1 A rkansas
MAY, 1973
r
Admissions Ceremony . April 16, 1973
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The serious moment for 55 new members of the Arkansas 8ar.
Harris
Woods
Hatfield
ralley
Congratulations from Chief Justice Carleton Harris of the Arkansas Supreme Court, President Henry Woods of the Arkansas Bar Association, Chairman Richard Hatfield of Its Young Lawyers Section, and American Bar Association Representative Neva Talley .
THE ARKANSAS LAWYER
157
LAW DAY USA
THE JUDGE SPEAKS "Today we arc celebrating Law Day U.S.A. And we have good cause for ce lebrat ion because we arc the beneficiaries of the richest heritage
(If
individu;)1 liberty under law in Ihe
hi sto ry of civi lized peoples. By Pres id ential proclamation. and joint resolution of the Congress. the nalion has sct aside a "day" 10 recognize the pla ce of law. and the co urt s. in American life. It is appropriate that this be done . What is the Law? First. let me tel l you what the law is npt. Th e law is not , in and IIf itself. a panacea for all s(lcial and economic ill s. We cannot change human tlf social c(lndilions by merel y passing laws - we have to change the ctlndiliollS which c realed them. Neither is the law a magic wand. The fact that we have a law pr o hibiting acts of c rim e dDes not stop people from committing acts against the public welfare . Unless the law exists in the hearts of our citizens, it does not ex ist at all for practi. cal purposes. Benja min Franklin was well aware of this. Let me repeat the much recDunted story about him. After the bitler debates and lo ng arguments at the Constitutional Convention had been concluded, Dr. Franklin was being carried from the convention hall to his home in a portable chair. AI(lng the way he was Slopped by a woman who inquired. 路'Dr. Franklin, is it fini shed?" Hi s reply was, "Yes. Mad amc, il is finished." Sh e then asked. "Will it w(lrkT To this question he replied. "T hat , M adame. is up III you." Perh a ps Dr . Samuel Johns(ln has bcst defined what the law is. H e said. "The law is the last result of human wisdom acting upon human experie nce for the public g(lod." Law, then. is the intangible force thaI makes freedlllll and
158
progress possible, it is the b reath and blood of democracy. It is the law thaI brings orde r into the affairs of men and permits the growth and deve lopment of ente rprise s large and small. It is the cement that holds our free socie ty together. The law, though not perfect, is t he finest mechanism ye t devised by man to achieve the ideal o f equa l justice f(lr all men. Today in (lur cou nt ry the lea~t fortun,He among us enJOYs more equa l socia l justice, more protection of life. liberty and properly, and a greater opport uni ty ftlr persona l freedom, than has ever been provided the common man by any other system in recorded history . Without the law, democracy cannot survive . This court of law - representative of the vaSI judicial sys tem of ou r state and nati on - is o ne o f t he co rnerst o nes o f our structure of government under law. The judges of {I ur co urt s, from the lowest 10 the highest , are subjec t to co ntr o l only by law of the land. No American j udge ca n be over ruled by any authority save that of a supe r ior court upon appeal duly taken under the law. We in this Ctlurlwom - the j udge as presiding officer, the att(lrneys as officers of Ihe co ur t, and other c iti zens as litigants or jUrtHS - share the profound responsibil ity of pre路 serving. strengthening and passing (In to futu re gene rations our judicial system which takes great pains tll assure eq ual justice under la\\ to all who come before our courts. Let each (If us here today. in his or her own way. rededicate ourselves to the ideals (If equality and justice under law in our relations \\ith each other and to encourage and fosler Ihal respect for law that is S(l vital hl the denwcratic way tlf life." MAY, 1973
MAY 1, 1973 THE SENATOR SPEAKS
As has been (urly said, "Justice d elayed is justice denied ." The congested docket in man y ju ri sd ictions throughout the land today prevents the "s peedy trail" guaranteed to the acc used by the Constituti o n of the Un ited States. H owever . un der the co nditi o ns of lawlessness and defia n ce that prevail in America today. the inab ili ty or failure to pr ocure a "speedy trail" pro duces a greater injustice and injury to society than it does to the accusted. The cr imin al often seeks post ponement and benefits from de lay. While o ut o n bail fo r a year, two years , o r mo re awaiting trail , the habitual and hardened criminal usually contin ues his nefari o us activities with pr o fit to himself and furt her damage to society. This conditio n has wo rsened considerab ly in the last few year s. State and local courts are not al one in failing to meet the "speedy trail" guarantee o f the Sixt h Amendment of the Co nstitutio n fede ral crimi nal pr oceedings are n ow taking twice as long as they did just 10 years ago. In an othe r area, I am inclined to ag r ee with the Attorney Ge nera l who declared in a rece nt address that " ... the Hydra of excess proced ur al isms, arc hai c fo rm a li sms , pretrial mOlil)ns. post-t rial mo ti o ns. appea ls, postponem ents , continuances. (and) collate ral attacks, . .. can have the effec t of d ragging justice 10 dea th and stealing the very life o ut of the law." He furt her sa id that to d ay " We face ... a sit uati o n whe re the discovery of guilt or innocence as a fun ctio n of the co urts is in danger of dr ow nin g in a sea o f lega lism s." We must act to im pr ove the si tuati o n in these areas before public confid ence - which is so basi c and so indispensable to
an o rd ered society - erodes to a po int beyond repair . We must some how overcome the r it ua listic Nemesis wh ich today too often is interfering with and frustrating bot h the means and the ends of justice. In this regard, I am co nfid en t tha t the American Bar Association sta ndard s will provide some guidance to a so lu tion of this prob lem. I am pr o ud to ac kn owledge , however, that due to the effo rts and d ed icatio n of o ur courts an d the cooperation of the Arkansas Bar in pr o mot ing speedier justice, this pr ob lem is not as ac ute here in Arkansas as it is elsewhere in the nation.
We Arkansans Are Justly Proud Of Our Courts. . . . Jefferso n County Bar Association Phillips County Bar Association Crittenden County Bar Association Washingto n County Bar Association Bento n County Bar Association St. Francis County Bar Association Ouachita County Bar Association Conway County Bar Association Union County Bar Asso ciation Pulaski County Bar Association Cross County Bar Associatio n Baxter-Marion County Bar Association Lawrence-Randolph County Bar Association Southwest Arkansas Bar Association Arkansas Association of Women Lawyers THE ARKANSAS LAWYER
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SOURCES O F INFORMATION IN PRIVATE AIRCRAFT CRASH CASES - BY TOM H. DAVIS
As in any other spec ialty , the sources of information available in the preparation of an aircraft crash case are varied and present a substan tial problem to the inexperienced in th is field . Depending upon the type and complexity of the case, there is an a lmost unlimited number of sources whi c h should be checked . One of the first sources to be ca nsu lIed is the Feder al Avi atio n Act of 1958 , and Ihe mu ll ilude of regul alions whi c h have been pro mul gated thereunder. This Acl is fou nd al 49 U.S.C . 1301 . Mo st regula tions issued under thi s A ct w hic h are impo rtan t to th is su bject are issued by the Federal Avi atio n Adminis l rali o n (FAA). These regul al io ns are publ ished in Tille 14 o f Ihe Code of Federal Regul alio ns (14 C FR) under " Aero nau tics and Space ." They may also be fo und in the Aviatio n Law Repo rter, a four vo lume Commerce C learing Ho use publi catio n whic h pro vides an up-la-d al e supplementi ng service inc ludi ng the curren t dec isio ns in aviatio n law . CC H also publishes bou nd vo lumes of all avial io n c ases decid ed from 1822 to the presen t. It presently consists of el even bo und vo lumes w ith the cu rrent cases (Vo lume 12) co nlai ned in Ihe loo seleaf Aviatio n Law Repo rter. Co pies of any pari of Ih e Federal Avial io n Regula l ions (FAR) m ay be o btain ed fro m the Superin ten den t of Documen ts Wash ing to n, D.C. These regula tio ns cover in detail every facet of aviation. They have the force and effect of law, Hochreln Y. U. S., 238 F. Supp . 317 (ED. Pa., 1965); St anley v. U. S., 239 F. Supp. 973 (N.D. Ohio , 1965), and their vio latio n would consti tute negligence per se . Section 610(a) of Ihe Federal Aviation Act of 1958 states that it shall be unlawful: "(5) For any person to operate aircraft in air commerce in violation of any other rule , regula tio n, or certificate of the Administrator under this 160
title See also : Eastern Airlines v. Union Trust Co " 212 F. 2d 62 (USC A, D.C., 1955) ; San Diego Gas & Electric Co. v. U.S., 173 F2d 92 (USCA, 9th Cir., 1949); Cltrola v. Eastern Air Lines, Inc., 264 F. 2d 81 5 (USC A, 2nd C ir. , 1959) ; Prashker v. Beech Aircraft Corp., 258 F. 2d 602 (USCA, 3rd Cir., 1958); Neiswonger v. Goodyear Tire & Rubber Co., 35 F. 2d 671 (N.D. Ohi o, E.D., 1929); Rhineha rt v. Woodford Flying Service, 122 W. Va. 392 , 9 S.E. 2d 521 ; " The Role of Administrative Safety Measures in Negligence Ac tions," 28 Texas Law Review 143 (1949). While it may be necessary to presen t such regulations in certified fo rm 10 Ihe Irial co url , Ihey are Ihe subjecl of judicial notice. 44 U.S.C., Sec . 1507, Alaska Airlines , Inc. v . Nort hwest Airlines, Inc., 228 F.Supp. 322 (Alaska, 1964), affirmed 351 F.2d 253 (USCA, 9th Cir., 1965); Modern Federal Practice Digest, Evidence, Key No . 47 . A ircraft Acciden t Inve8tigation
The resp o nsibility fo r the invest igatio n o f all airc raft acci dents in the Un ited St ates rests wit h the Natio nal Transpo rl al io n Safe ly Board (NTSB ), fo rmed as p art of the new law es tablishing the Departmen t of Transportalio n. Th e NTSB has under ils d irect supervisio n the Bureau of Aviatio n Safe ty, wh o se perso nnel is fo r the mo st part the sam e as the fo rme r Bureau of Safe ty under the C ivil Aeronaul ics Bo ard (C AB ) and perfo rm Ihe same func tions co ncern ing airc raft ac ciden t inve st iga tio n . Fo r con ven ience and as a g en eral rule, insofar as airc raft accident in vestigation is co nce rned , the NTSB serves the same funct io n as formerl y occ up ied by Ihe CAB and Ihe Bureau o f Aviatio n Safe ty o c cu p ies t he sa me positio n and fu nctio ns as the fo rm er Bureau of Safely. While the NTSB is in charge of the investigation , it may delegate part of
Editor's Note: In the January 1973 issue of The Arkansas Lawyer, Mr. Davis' related artic le, " Private Airc raft Crash Cases", appeared. Mr. Davis is a nationally -known authority on aviation law . He was featured sp eaker at the Arkansas Bar Association's 1971 Fall Legal Institute, ta lking on the " Plaintiffs Pre paration of an Aviation Case." He is Past Preside nt of the Texas Tria l Lawyers Association; a member of the ABA's Aviation Commi/tee; Past Cha irman of the American Trial Lawyers Association's Aviation Law Section; and Fellow, In ternati.o nal Academy of Trial Lawyers . He has a Commercial Pilot License, with sing le, multi-engine and instrument ratings; CA T /I Tu rbo-Baron.
the investigation or ask assistance 路 from an inves tigator from the FAA. With the exception of air carrier operation under a certificate of public convenience , the NTSB has delegated to the FAA authority to investigate all accidents involving aerial application operations, amateur-built aircraft, or restricted category aircraft , and all nonfatal accidents invo lving rotorcraft, or fixed-wing aircraft which have a certi fied maxi mum gross takeoff weight of 12,500 pounds of less . NTSB Regulatio ns Sec tion 400.45 . All other accidents are investigated by Continued on a page 161
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f
personnel from the Bureau of Aviation Safety. These agencies have complete control over the investigation of the accident to the exclusion of all others, bul are required 10 make and file a written repo rt of the results of their investigation . Thi s report contains a factual report and an analysis and conclusion report. Only the factual report is made public . The analysis and opinion portion of Ihe report is confidential and the information and slalements con tained therein cannot be obtained. A copy of the fac tual report, including statements of wi!· nesses and pho tographs, can be obtained at a nominal cost by addressing a request to Accident Inquiry Section, National Transpo r tation Safety Board, Department of Transportation , Washington , D.C . These reports contain a multi tude of information and are vitally necessary in Ihe preparalion of any airplane crash case. Besides such information as the lime, p lace , date, type of plane, owner, occupanls and thei r flying experience and ratings , it contains a plat of the wreckage distribution and a narrati ve report of the facts which the invest igalor feels are important. This
report usually conlains the names or leads to witnesses and any reporled contac ls between the pilo l and Ihe weather bureau, Highl service slations, lowers or air Iraffic cont rol facilities . A copy of Ihis report is vital 10 Ihe lawyer's preparation and is a valuable source leading 10 admissible evidence, however, Ihe report ilself is not admissible in evidence, nor are lhe conclusions and opinions o f Ihe invesl igalors. Sec 701 (e) of Ihe Federal Aviation Act provides : "no part of any report or reports of ... any accident, or the investigation thereof, shall be admitted as evidence or used in any suit or action for damages growing out of any matter mentioned in such report or reports ." and by NTSB regu lation §435.4 its employees are proh ibited from testifying either in person or by way of deposition , to conclusions, opinions or otherwise giving expert testimony. FAA em ployees are u nder a simi lar prohibition. Federal Aviation Regu lations, Part 185, 14 CFR 185. Whi le the facts that the investigalo rs found al the scene of Ihe crash are discoverable through depositions, permission from the agency involved is necessary before these employees are allowed 10 testify. Even then per-
SENATOR JOHN L. McCLELLAN IS "FIRST" WITH US . •
mission has nol been readily attainable from the NTSB unless a showing was made Ihat such facls could no t be obtained from other sources , in cluding admissions of the defendant. At the taking of the deposilion of any such employee . an atto rney represen ti ng the Government will be presen t to make cerlain Ihe federal regula tions regarding expert or opinion lestimony are no t violated and the person laking Ihe deposition will be expec ted to furnish a copy of Ihe deposi l ion to the Governmenl attorney. These reports furnish an excellent indication of whal the facts were or what evidence is available, nevertheless it is still dependent upon the attorney's ingenuity, resourcefulness and efforts to reconstruct the facts of the accident into admissible evidence for presentation at the trial. For the manner in which these accident reports have been used in trial, see 23 A.L.R .2d 1360, Berguldo v . Eastern Airlines , Inc., 317 F.2d 628 (3rd Cir., 1963) ; Maxwell v . Fink, 264 Wis. 106 , 58 N.W.2d 415 (1953); Avi ation Enter prises Inc. v . Cline, 395 S. W .2d 306 (Mo.App., 1965) and Lightenburger v . Gordon, 407 P. 2d 728 (Nev. Sup., 1965). Con t inued on page 162
MISSING AND UNKNOWN HEIRS LOCATED NO EXPENSE TO THE ESTATE
FISRT NATIONAL BANK
WORL O W I OE SE R V I CE FO R
COURTS - LAWYERS - TRUST OFFICERS ADMINISTRATORS - EXECUTORS
BETTER BANKING RIGHT FROM
~m ericalt ~rchillej ~jjocialion I NTERNATI ONA L PR OB ATE RESEARCH 449 WASHINGTON BUILDING
THE FIRST THE AR KA NSAS L A WYE R
WA SHI NGTO N , O. C.
161
Continued from page 161
Aircraft Information The complete history of the ownership of every aircraft is contained in records al Ihe FAA Aeronaulical Cente r, Oklahoma City, Oklahoma. These records are available to the public or a record search will be made by commercial companies at a nominal fee . Each plane also has an FAA approved flight manual for that specific aircraft. This shows the limitations, performance and data and the normal and emergency operating procedures, as well as the aircraft's weight and balance information and the optional equipment ac tually insta lled , both when purchased and al any lime thereafter. Any change that is made in the weight and balance of the aircraft by the addi tion of addi tio nal equipment or alteration must also be reported on a Form 337 to the FAA and is kept in their files at Oklahoma City. FAAs require that two log books be kepi up-to -date on all aircarf!. One is the engine log (one on each engine if the aircraft is multi-eng ine), the other is the airplane log. All repairs , inspeclions and alterations are required to be kep t in these log books and signed and certified by the person performing such inspection or repairs. While these logs are usually kept in the aircraft and are therefore oflenti mes destroyed in the crash, they may also be fou nd in the owner's possession or in the files of the fixed base operator where the plane is hangered , or where the repairs and maintenance are done. The own er 's and main tenanc e manuat for the partic ular make and mod el of aircraft can be obtained from the manufact urer an d will contain a mulli tude of information concerning the airplane, its op erati ons, service and maintenance. Pilot ' s History The Airman Certificate Bran ch of the FAA Aeronautical Center in Oklahoma City keeps on fite the latest certificate issued to each pilot , as well as a record of all previous certifi cates and rati ngs held. Their rec ords also contain the application made by the pilo t for each certificate issued. These applications which are signed by th e pilo t contain informa tion concerning his experience and fligh t time and training . Any violation of an FAR will likewise be found in the pilot's records. The Aeromedical Certificate Branch of the FAA Aeronautical Center keeps a copy of the medical certificates and the application for such certificate for at least th ree years. If there is any !"(ledical restric tion on the license , all
162
certificates and applications are kept. This branch also keeps all correspondence and medical reports concerning the pilot, in the event he has any physicat defects which appeared on his medical examination . The pitot 's perso n at log book shoutd show in detail a day by day record of his flight experience , showing the type of plane operated, the date, type of flight and the poin t of departure and destination or any other remarks the pilot may have made in connection with that fligh t. Weather Briefing and Communications With Pilot Most weather briefings are now obtained at a FAA flight service station (FSS) but the Weather Bureau will still perform some of th ese functions . At the Weath er Bureau and at the FSS a log is kept recording the date, lime, aircraft number or name of the pilot requesting information on the weather, either over the ph9ne or in person . If a visual fligh t plan (VFA) is filed wit h a FSS, either in person. over the phone or through radio communications, a record will be kept by the FSS where it is filed . They will also forward a part of the plan to the FSS at the des tination. These fligh t plans are normally kept for only a few days, but in the event of an accident they may be kept indefinitely. Information or a copy of the fligh t plan may be obtained from the NTSB accident report or from th e FSS where the flight plan was filed . Most ground controls, lowers and approach cont rols have tape recordings of all communications with an aircraf!. These tapes can be replayed and a transcr iption made from them . These ta pes are likewise kep t for a limited period of ti me, except in case of an acciden t. Even then copies should be requested as soon as possible. Written reco rds are made of all en route rad io communication s betw een an airc raft and a FSS. While these communications are normally not lape-recorded, they are recorded in a log indicating the dale, time and substance of the communication. likewise, in the even t of an accident statemen ts are usually obtained by the NTSB investigator from th e FSS personnel at a time when the communication is fresh in their minds. If communications are made with an air traffic con trol (ATC) facility , a record will have been made of such commun ication. In the even lt he plane is on an instrumen t flight plan (IFA) the fligh t plan wil l be record with ATC and the aircraft will have been in direc t radio co mmunications with
some ATC facili ty, tower or ground control from the time the plane started taxiing until after it landed , and a recording will be available of all such communications if they are requested or obtained wi thin a reasonable time after the acciden t. Some of the fixed base operators at various airports have a two-way radio called a unicom . Very often pilots of private planes use these radios for obtaining information and relaying mes~ sages. These could likewise be a valuable source of information and should be checked . Weather Information All local weather bureaus keep accurate records and logs of the weather information collected at their station . This also included radar weather reports which they issue . These radar weather reports would show the actual areas of heavy precipitation (usually thunderstorm activity) which were observed by this station within the range of their radar unit. Their records would show the date, time, direction, distance and intensity of such radar sounding. Certified co pies of area forecasts , terminal forecasts and the hourly weather observations at all stations. SIGMETS and PIAEPS can be obtained either from the local weather bureau stations in the area or from the National Weather Aecords Center, Federal Building, Asheville, North Carolina. As in other cases, no one should attempt to handle an aircraft crash case without having available to him the necessary law books on the subjcet. The most comprehensive textbook in this field is Aviation Accident Law, written by Lee Kreindler and published by Matthew Bender. An other valuable book is Lawyer'. Aviation Handbook, written by Stu Speiser and published by the Lawyer's Co-op. Besides various ann ot ations in A.L.R ., there is a section on aviation in American Jurisprudence, 2d. Also see Private Aircraft Crash Cases, The Arkansas Lawyer, January 1973, p. 19. There are also a mult it ude of publi cations in the field of aviation that can be used to great advan tage in these cases. Without an att empt to list them ali, the FAA , the Wea ther Bureau , the Air Force, the Navy and other organizations concerned with aviation have prin ted va rious articles . pamphlets and books on almost any subject involved in the broad field of aviation. These publications can be used not only to educate the lawyer handling the case or his witnesses, bu t can be used effec tively in cross-examining Continued on page 163
MAY, 1973
Con tinued from page 162
the opponen t' s exper t wi tnesses . Unlike the problem that arises in the cross-examina tion of a docto r fro m medical textbooks, it wou ld be a brave expert wh o refused to admit that the FAA or the Air Force or the Navy were no t authorities in the field of aviation , or that the Weather Bureau was no t an au thority on wea ther. Withou t even att empting the impossible task of listing all such publications, a few which are represen tative are : 1. Manual 01 Aircraft Accident Investigation, International Civi l Aviation Organiza tion , 1080 University Stree t, Montreal, Canada. 2. Federal Aviation Administration Personal Aircraft In.pectlon Handbook, Pilot'. Radio Handbook, Wake Turbulence 3. Superin tenden t of Oocuumen ts, U.S. Prin ting Office, Washing ton , D.C . Realm 01 Flight, Facts 01 Fllghl , Path 01 Flight, Private Pilot's Handbook 01 Aeronautical Knowledge , Aviation Weather, Instrument Flying Handbook, Airman '. Information Manual 4. FAA Aviation News, a monthly publication of the Federal Aviation Administration " Accidents Don' t Just Happen , Pilo ts Cause Them ," Aug.,
1965, " Altitude Minimums, Your Safety Margins, " June, 1965, "The Invisible Hazard Wake Turbulence, " June. 1965, "Operating in the Traffic Pattern ," May, 1965, " Flicker Vertigo," May, 1965 5. The AOPA Pilot , monthly publ ication of the Aircraft Owners & Pilots Associati on, Edit o rial and Business Offices, P. O. Box 5960, Washing to n, D.C. "Guide to VFR Weather Minimums," Oc t., 1965, " Why Not Bury Power Lines," Sep t., 1965, " Oxygen in the Spotligh t," May, 1965, " In terpret and Use Weather Information ," May, 1964 6. Approach , the Naval Aviatio n Safe ty Review , Superin tenden t of Documen ts, U.S. Printing Office. " Bo ttle to Thrott le," Nov., 1965, " Terminal Turbulence," Nov., 1965, " Ice on the Runway ." Jan ., 1966, " Wake Tur-
March , 1964, "Weather and VFR Cross-Country," Sept., 1964, " How to Never Run out of Fuel," Aug ., 1963.
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Fred Myers
163
~l "
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EIGHT (8)
JONESl!fbRO AUGUST 10fti-
otÂŤlItJCIIOCI
CIVIL TRIAL PRACTICE SEMINARS
"
-~!.
-F0RREST CITY I J\JL-V- I 20TH ~1
.Wltf!,
,
FEATURING VIDEO - LECTURES PANELS - CRITIQUES ARKANSAS BAR ASSOCIATION IN COOPERATION WITH THE
ARKANSAS LOCAL
,,
BAR ASSOCIATIONS
,,
>
~-
Presiden t-Elect Jim West has announced a schedule of C ivil Trial Practice Seminars to be held throughout Arkansas as a fo llow-up to the highly successful Civil Trial Practice Seminar d uring the 20th Mid-Year Meeting at Hot Springs, Arkansas in January, 1973. The new seminars will be sponsored by the Arkansas Bar Association and the local bar association s in the designated areas of the State . The following is a schedule of cities and dates:
164
Fort Smith
June 29
Texarkana
July 13
Forre.t City
July 20
Little Rock
July 27
EI Dorado
August 31
Jonesboro
August 10
Fayetteville
August 17
Pine Bluff
August 24
Top trial lawyers will act as panelists and lecturers in the new series of Civil Trial Practice Sem inars. Printed programs will be mailed out in advance from the Bar Center to attorneys in the area concerned. Local Bar Associations will also make announcements to their members . Registration fees for each seminar will be $15 per person , which will include luncheon . No one can afford to miss the Civil Trial Practice in his area - if you cannot make it because of another commitment , plan to attend another seminar in an adjoining areayou wi ll be we lcome.
The Video format for the seminars will follow that used at Hot Springs, allhough differen t video tapes will be used . In this connection, the Arkansas Bar Association now owns the finest video tape library of any Bar association in the country. MAY, 1973
째
2 th Mid- Year Meeting
January
17-20 , 1973
Probably, the most successful meeti ng in the histo ry o f the Arkansas Bar Asso c iatio n was the " Civil Trial Pract ice Semi nar" held at the Hotel Arli ngton, Hot Springs, Ark ansas, Jan uary 18-20 , 1973, in conju ct ion wi th the Ho use of Delegates ' Meeting on January 17th. The Inaugural Fellowship Recept ionBanquet of the Arkansas Bar Fo undation was held on Wednesday evening , January 17th. In repo rting these events, The Arkansas Lawyer will publ ish the speeches of Professor E. Robert Walloch , Judge Alfred P. Murrah and Judge Donald P. Lay; a syno ps is of the House of Delegates' Proceedings ; photos of the social even ts, and the Invocatio n of Father George Tribou , Principal of Catholic High Sch oo l for Boys in Li tt le Rock . It is fi tt ing to begin wit h the Invocation , which was received with warm applause . This unusua l reaction was described by one as " The first time he had ever heard a standing ovation for an invocation." Numerous requests have been made for copies of Father Tribou 's prayer.
Father Tribo u
o A lmighty
Cod Th ese lawyers have asked m e to sp eak to yo u tollight on Ih eir behalf, Beseeching y o ur blessing on Ihem and on Ih e work Ih ey do here al Ihis m eeling. Th eref ore, I ask yo u to give Ih em whal I f eel Ih ey need mos l ... A kno wledge of you alld a lo ve of y ou. If Ihey do 110 1 know you . Ih ey call no / love y ou . Alld if Ih ey do 110 1 lo ve YO Ii . Ih ey can no l lo ve Ih eir f ellow man. A lld if Ih ey do nOI lo ve Ih eir f ello w man, Ih ey simply can no t carry Oul wilh milch efiecl Ih e wo rk Ihal yo u have called Ih em 10 do, Ihal of serving YO ll r SOliS and daughlers ill Ih e IIn ique f llnClio n of Ih e law prof ession . Th ese m ell ollghl 10 lope YO ll . Lo rd. Yo u've been Ilery goo d ( 0 lit em Th ey are selecl m embers of sociely. They lead Ih e good life. Th ey elljoy respec I alld cOllfi dellce alld adm iralioll . We especially pray j ar whiche ver of Ihese lawy ers lo ves y ou leas I fo r he must be a very unhappy man. Brillg him alld all his conferees 10 Ihal knowledge of you Ihal leads 10 grealer lo ve of y ou. Prepare Ih em all f or Ihal slldden m om enl afler dealh when they will appear before you to plead th eir m os l importallt case of all . their OWII.
THE ARKANSAS LAWYER
165
SOCIAL HIGHLIGHTS 20TH MID-YEAR MEETING ARKANSAS BAR ASSOCIATION January 17-20, 1973 Arlington Hotel Hoi Springs, Arkansas
/ /
House of Delegates' Sem i-annual Meeting -January 17, 1973Arlington Hotel Hot Springs, Arkansas
.'
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The House of Delegates was called to order by Presiden t Henry Woods of the Arkansas Bar Association . SecretaryTreasurer James M . Moody presented the Annual Report of the Secretary Treasurer as required by Art icle IX of the Association 's By-Laws. The repo rt necessarily is concerned primarily with FY 1971-72, which period had received the audit by E. L. Cullum & Co. In turn, the SecretaryTreasurer 's Report was audited by the Association 's Audit Committee. (NOTE : The Report and Audits are on file at the Bar Center and are available for inspection by the members.) Mr. Moody reported a gain of $10,902.08 of income over expenses for FY 1971-72. The Association bookkeeper's mont hly statements, as approved by the Executive Council, for the first six months of FY 1972-73 indicate a continuing trend of running in the black. However, projected expenses in connection with the legislative program and for the Annual Meeting show that the Association will operate with more income than expenses , but without any great surplus. Mr. Moody also reported that the membership stands at the all-time high of 1,694. The Secretary-Treasurer's Rep ort was approved . The House of Delegates took the stated action on the following bills: (1) An Act to Limit the Rights Granted under Arkansas Statute 62-2908 , with respect to rights of dower and curtesy. Also a companion bill - An act to Provide for Division of Property on Divorce. Following discussion, the House voted in favor of endorsing the two bills, 22 in favor, 10 opposed. (2) Comparative Fault Act. The House voted approval without dissenting response . (3) Act to Adopt Rule 14, Federal Rules of Civil Procedure. The House voted approval without dissenting response . (4) Act to Provide a Rebultable Presumption that a motorist who is involved in an aCCident , was uninsured if he does not file proof of insurance within 90 days after the accident . The House voted approval without dissenting response . (5) Act to Amend Arkansas Statute 66-4001 , Providing for Direct Action by an injured party against an insurance comTHE ARKANSAS LAWYER
pany for amounts in excess of poHcy limits for negligen' or fraudulent failure to settle within the policy limits. The House voted approval with one dissent . (6) An Act to Provide for Venue in certain cases against non-resident individuals or foreign corporations. The House voted approval without dissenting response . (7) An Act which would allow taxing of one dollar cost per case to finance legal education in Arkansas. The House voted approval without dissenting response . (8) Act to Empower the Game & Fish Commission to Adopt Certain of the Coast Guard Regulations with Reference to Boating Safety in Arkansas . The House voted to adopt the bill on a divided show of hands. (9) Act Providing for Removal of Disabilities from Employment by Certain Convicted Felons. The House voted approval without dissenting response . (10) Act Providing Standards and an Administrative Board for Control of Detention Centers. The House voted approval without dissenting response . (11) Act Providing Damages for Loss of Use of Vehicle. The House voted approval of the principle involved , with one dissent. Chairman Edward Lester of the Arkansas Bar Foundation reported that the new money pledged is slightly more than $321,000, and that over $100 ,000 had been paid in on such amount . The Memorials Drive will be next. Mr. Lester then discussed the new Bar Center construction contract with Pickens-Bond of Little Rock and its finan cing. President Woods reported on the Client Security Fund some $8 ,500 has been collected in the drive for $10 ,000 . The Arkansas Supreme Court will be ready in a month or so to consider the matter formally. Mr. William R. Wilson , Jr., the Association 's Legislative Liaison Director, next reported on the legislation status of bills previously approved by the House. The House adjourned. (NO TE : The printed proceedings of the meeting o f the House of Delegates is on file at the Bar Center and Is open for inspection by the members.)
171
I
Great partnership: Barnum & Bailey â&#x20AC;˘. .another great partnership: ARKAnSAS BAR ASSOCIATion &
:¡CNA/insurance Now working together to preve nt and control professional liability c laims. They will co-sponsor loss prevention seminars, develop a loss control program, and foster professional proficiency through a continuing educational program to deter professional I iability allegations.
new PROFeSSionAL LIABILITY PROGRAm wi~:. Loss Prevention and Control Want more jetails? Call or write P -kansas Bar Association Administrator Rather, Bp.ver & I-' -per Three Hundred ~"ri ng 8ui,,jing Little Rock , Arka,. 3C1s 72201 (501) 372-4117 172
MAY, 1973
Editor's
Comment :
AEGIS is a fea ture o f the Arkansas Bar Association's educat ional program concerning docket control and o ther areas of high risk experience in professional liability
,
cases.
SAFEGUARDING YOUR PROFESSIONAL FUTURE
To Err
Is Human: And Costly, Too! the problem
An insured attorney, acting for the executors of an estate, misinterpreted tax laws and as a result was late in fi ling a federal estate tax. The attorney thought that the estate tax was to be paid within 15 months of the issuance of letters testamentary rather than 15 months from the date of death. Because of this technical error, the clients suffered a substantial loss and in turn sought to recover the losses from the attorney.
the result
The insured attorney was clearly liable because of his misinterpretation of the tax laws. The claim was settled with the clients for the amount of the losses they had sustained .
advice
Tax laws are detailed and complex. Always double check, especially if this is a field in which you are not highly active.
THE ARKANSAS LAWYER
173
LEGAL AID SOCIETY ESTABLISHED IN SEBASTIAN COUNTY A fulltime legal aid office has been authorized by the County Judge and the Quorum Court and Harry Foltz appointed as the Legal Aid Attorney. Legal aid will be made available to those who cannot afford a lawyer. The office is in the Merchants Bank Building in Fort Smith . From left to rlght : Legal Aid Committee Chairman Bob Dawson, Sebastian County Judge Glenn Thames, Harry Foltz and President Don Calloway of the Sebastian County Bar Association .
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M A Y , 1973
~ PURELY SELFISH REASONS ( If No Other)
YOU SHOULD BELONG TO THE ARKANSAS BAR ASSOCIA TlON
IF YOU ARE A MEMBER You Are
eligible for participation in the Association Endorsed Group Disabi lity Plan . Over $450,000 in disability pay ments have been paid to members of the association since the plan was started in 1946. The rates are approximately half what you would be required to pay for an individual policy. Other p lans available include Major Medical, Life, Accident, Professional Liability & Catastrophic.
You Wil
serve your profession by supporting the Association's continuing efforts to improve standards of legal education, of judicial administration and of admissions to the bar. vou help protect the lawyer's professiona l status by opposing unauthorized practice, and through an ex panded program of public serv ice activities.
And
;)j.
DO~~ !O(~~~~~'~P
end " / the deve lopmen t of clos(' II iendshlps wi t h you r bro t her c----::......c=----...:.::=-----------~ I"wyers <11 Associ,1Iion ilctivitlCS. This
i Si.1I1 OpportlHlliy
to serve you rself
dllli tl1<' publiC "S w('11.
You Wi II
receive subscriptions to both the Arkansas Law Review and The Arkan sas Lawyer. These journals will bring you informative articles about the Law, lawyers and their activities. Vour membership includes both subscriptions.
ARKANSAS BAR ASSOCIATION
408 Donaghey Building Little Rock, Arkansas
THE ARKANSAS LAWYER
175
â&#x20AC;˘ â&#x20AC;˘
1fn Jti1emoriam JOHN EASTMAN COATES II 1901-1973 John E. Coates (catted "Jack" by all who knew him) died in Little Rock on Jan. 13, 1973. He ca me from a distinguished family , and exceeded its traditions. He was
Justice of the Arkansas Supreme Court and in 1971 was appOinted Special Associate Justice. Survivors include his wife, Mildred Balch Matthews, two sons, a sister, a niece and two grandchildren.
MILO V. MOODY
born in Little Rock ; and after graduati ng from Little Rock High School, went to Yale University from which institution he received his A.B . degree in 1922 and his law degree in 1925. He was a Captain in the Army for four years in WW II; and then returned to Little Rock and resumed the practice of the
Jan. 7, 1973. He was born in Alabama, and was a veteran of
law . He was a member of the Arkansas Legislature. was
to practice law in that state in 1929.
1900-1973 Milo V. Moody, of 2124 Main Street died in Little Rock on WW I. Returning from that was, he did his collegiate and law studies at the University of Alabama, and was admitted
prosecuting attorney of Pulaski and Perry Counties, and
Shortly thereafte r, Mr. Moody ca me to Arkansas , and was
was for many years United States Commissioner for the Eastern District of Arkansas.
admitted to the bar in this state on Feb. 24, 1930, and con-
Mr. Coates was a member of the Arkansas and the
tinued his law practice here until his death. He was an
Episcopalian ; and is survived by a bro ther and a sister, both
American Bar Associations , and also served as president of the Pulaski County Bar Associa tion. He was an Episcopalian; and is survived by his wife, a son, a daughter,
of whom live in Alabama.
two brothers and five grandchildren.
1895-1973 A lifelong resident of Lonoke, he died at his home on March 20, 1973. A graduate of the University of Arkansas, he studied law at Litt le Rock and was admitted to the Ark-
EUGENE A. MATTHEWS, SA. 1908-1972 A resident of Hot Springs for 26 years, he was an active
member of the First United Methodist Church and served Hot Springs through many civic and charitable organizations. He attended public schools in Manila and
graduated from the Academy Department of John E. Brown Cottege at Siloam Springs and from Henderson State College in Arkadelphia. In 1931 attended Arkansas Law School at Little Rock while working for Tom F. Digby, Sr. during the day. He was admitted in 1932 bu t continued his studies until 1933. He was an active member of the Arkansas Bar Association , starting in 1934 as Chairman of the Junior Bar Section , serving as a member of the Executive
Council during 1940-41 and then President of the Association in 1956. Outside of his Association work, he had served as an Assistant State Counsel for the Home Owners Loan Corporation , executive director of the Pulaski County Defense Council, second president of Arkansas En terprises
for the Blind and a member of the Board of Directors of the Arkansas Children's Home and Hospital. He served in the U.S. Marine Corps during 1944-45 before joining Wootton, Land & Matthews. In 1970 was appointed Special Chief
176
JOE P. MELTON, SR.
ansas Bar in 1921. He was an active member of the Lonoke
Baptist Church, the Kiwanis Club, and the Lonoke Industria l Developmen t Commission. He was a mason and World War I veteran. For many years, he served as a member of
the Lonoke County Central Democrat Committee and County Elec tion Commission. Survivors include his wife,
Floe Reeves Melton, a son, daughter and six grandchildren .
JOHN FRED MORELAND 1888-1973 John Fred Moreland of Little Rock died shortly after he was struck by an automobile on the evening of January 13 ,
1973. Mr. Moreland has been associated with the Wright, Lindsey and Jennings law firm of Li tt le Rock until his retirement two years ago. He was admitted to the Bar in 1924 and was a Special Member of the Arkansas Bar Association
since 1967. He was a member of Calvary Baptist Church and the Friendship Sunday School Class. A veteran of World War I, he was a member of th e American Legion . Survivors are his wife, Margaret Johnson Moreland, two
daughters, a son and three grandchildren.
MAY, 1973
,fsSIG E B NSAS, AN WITH GREATER VIfNESS. THERE AWARD HIM AN TOWARD THE VAGllM,oNT PROBLEMS; Nsr1cOMMUNISTlC INUNFLINCHING EASANCE AND rrNI.• /<. I<r'~KEN
f
A R.UI<J1.
FLUENCES; LEADERS IP J MISMANAGEMENT
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Statesman Citatio n
GRANT COUNTY
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ARKANSAS
Birthplace of Senator John L. McClellan The new Grant County Courthouse is a living symbol- reflecting the County's solid growth and future promise. In 1868, the local residents decided that they wanted their own county . Following their petition, the Arkansas Legislature passed the Act creating the new 路County. Governor Powell Clayton signed the Act on February 4, 1869. Under the Republican adminis t ration , the county was named for General U.S. Grant, and the county seat for his colleague, General P. H. Sheridan . The first courthouse was completed in 1871 and was destroyed by fire on the night of March13, 1877. A second courthouse was completed in 1880 ; the third in 1912. The present courthouse, occupying an entire city block of landscaped and tree shaded g rou nds, was dedicated on Juty 12, 1964 - a beautiful example of Greek revival architecture - the classic form so favored by Thomas Jefferson and identified as the first wholly American style "The courthouse with a great colonnaded front expresses the dignity of the law ". Grant County claims as her native sons Arkansas ' Senior Senator John L. McClellan, Congressman Ray Thornton from Arkansas' Fourth Congressional District , and former Congressman W. R. Stephens.
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Grant County Courthouse Eighty percent of Grant County today is under forest management - with most of the local industry given to lumber and pulp materials; however, cattle, poultry and various other industries have their place. Rail and truck lines operate through the County. The Sheridan Headlight, established in 1881 , is the County's weekly newspaper. The County is known for its good hunting, with deer,
squirrel, turkey and quail plentiful. Its other incorporated towns are Leola, Poyen , Prattsville and TulI . Sheridan - well located " In the Heart of Arkansas' Industrial Triangle " of Pine Bluff, Malvern and Little Rock is a clean, progressive city. Grant County and Sheridan have more than justified the foresight of their founders back in 1868.
"Enthusiastic Towards Serving You and The County" ....
GRANT COUNTY BANK "Since 1903" 101 N. Oak Sheridan
MEMBER 942-3147 Arkansas
FDIC