SENATOR J. William Fulbrllht

September 1973

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r

It IS often said no man is a hero to his valet. There are very few valets In the world today, but as a lunior member of a committee one sometimes approaches thaT role In this regard, our chairman IS very much a hero in my eyes, and In the very real sense of the word when "hero " combines the quality of courage With Integnty

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

Senator Claiborne Pelt, Rhode Island

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SEPTEMBER, 1973 VOL. 7, NO . 4

THE OFFICiAl PUBLICA liON OF THE

ARKANSAS BAR ASSOCIATION

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

EXECUTIVE DIRECTOR C. E. Ransick

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

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

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

September, 1973

(§Ie

Arkansas Lawyer

SPECIAL FEA lURES Prepaid Legal Services ............ Judge James K. Groves 188 ABA News..... .......... . ......................... 187 Fall Legal Institute............. . ..................... 185 Committee Directory ................•.•.......•........... . 192

Senator J . William Fulbright ............ . .............. 209

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

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

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

age 177

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Page 178

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The Arkansas Lawyer

,

September, 1973

P.ISIIIIT~S

BEPOIT by James E. West

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

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

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

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

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

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

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

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

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

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

~

Page 179

William K. I.ch opened his new of­fice at Mountain View. James B. Wat ­son is now associated with Clark & McNeil in Conway. Senior Member N. J . Gantt , Jr. of Pine Bluff has been designated a " Distinguished Alumnus of Hendrix Co llege" . He graduated in 1898. The Arkansas Supreme Court appointed to the new Client Security Fund Committee the following: W . J . Jackson, Jr., John W. Mann, Jr., J . E. Lightle, Jr., Roy E. Danu.er, and James H. Pilkinton. Jame. A . John ­son, Jr. is associated with Wright, Lindsey & Jennings. Larry Patterson of Hope addressed the local Kiwanis Club on Law Day . S. R. ..Ro .... Nelson recently retired as Lt. Colonel. JAGC . after 26 years of service ,

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

Page 180

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

Joe Barratl

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

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

H. Darrell Dlckans

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

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The Arkansas Lawyer

With the adjournment of the Legislature and the accomplishment of a highly successful legislative pro­gram, the Executive Councit has turned its attention to other important projects, the most notable of which has been completion of the fund drive for the new Bar Center which will be formally dedicated in January, 1974. The response to this drive has been grati fying but the members of the Bar Foundation report that there is still a need for additional funds to fulfill all of the programs and goals of the Foundation.

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

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

EXECUTIVE COUNCIL NOTES By James M. Moody Secretary· Treasurer

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

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

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

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

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

Plans have been completed for the Fall Legal Institute to be held at the Sheraton Hotel in Little Rock on Sep­tember 20 through September 22. The program includes two sessions uSing. the video tapes, a session on work­men 's compensation and maritime law and a session on recent legislation. Judge Mehaffey wi ll be honored at a reception Friday night in recognition of his apPOintment to Chief Judge of the Eighth Circuit Court of AppealS.

The new Bar Center will be ded i­cated during ceremonies at the Mid­Winter meeting January 10 through January 12. An outstanding slate of speakers has been planned for the occasion by Phil Anderson .

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

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

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Page 181

Th e last issue of The Arka nsas Lawyer contained the first port ion of an address by Robert J. M artineau, Circu it Executive, U. S. Court o f Ap­p ea ls for th e Eighth Circuit, at a recent meeting o f the Arkansas State­Federal Judic ial Council. Th e second and final portion o f his address is c arried in this artic le.

With reference to Mr. Martineau's doubts as to whether the Arkansas Supreme Court Criminal Procedure Rule One satis fies co mpletely the requirements o f Section 2255 of Title 28 o f the U. S. Code, Circuit Judge Charles Light o f Paragould made th is co mment. " However, I feel that his doubts about the waiver provisions in our Rule One, Paragraph (H) are not valid . In SANDERS, quoted by him, the court was dea ling w ith Federa l pro cedures only. A later c ase, MURCH V. MOTTRAM, 93 Supreme Co ur t 7 1 ( November 6, 1972) specifica lly ho lds that states may provide tha t priso ners seek ing post­conviction relief must assert 9/1 c laims in one proceeding , ho lding that no p riso ner has the r ight under the Con­stitut ion or the U. S. Code to insist upon piecemeal co llateral attack of a p resum tively va lid c r imin al con­viction. "

The conc lusion of Mr. Martineau's address fo llows :

The Townsend case also involved a murder conviction based in part upon a confession. At the trial the judge he ld a hearing out of the presence of the jury and determined that the con­fession was voluntary. Evidence was then presented to the jury on the question of voluntariness. The jury convicted and imposed the death sen­tence. On appeal the judgment was af­f irmed and the U. S. Supreme Court denied certiorari. He then sought post-conviction relief in the state court which was denied without an evidentiary hearing and the State Supreme Court affi rmed the denial, holding that the issue of vo luntariness of the confession was res j udicata .

Page 182

JURIS 0 I CT UM by C. R. Huie

Exec ut ive Secretary . Judicial Departm ent

The U. S. Supreme Court again denied certiorari. Townsend then sought federa l habeas corpus relief and the Supreme Court made the tollowing ru lings:

(1) It was error for the federal district court to refuse Townsend an evidentiary hearing because the state tria l judge had made no tindings of fact or conc lusions of law, nor did he charge the jury concerning the con­stitutional standards governing the admissibi lity of confessions. There was, consequently, nothing in the record to indicate that the state trial judge · applied proper standards at federal law in ruling on the ad­missibility of the confession.

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

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

The Court then set forth the following gu ides to the federal courts in dealing with post-conviction petitions. These same gUides should, of course, also be applied by state courts if they wish to avoid the federal court ho lding an evidentiary hearing.

" We hold that a federal court must grant an evidentiary hearing to a habeas applicant under the following circumstances :

If (1) The merits at the tactual dispute

were not resolved in the state hearing : (2) The state factual determination

is not fairly supported by the record as a whole;

(3) The fact finding procedure em­ployed by the state court was not adequate to afford a full and fair hearing ;

(4) There is a substantial allegation of newly discovered evidence ;

(5) The material facts were not adequately developed at the state court hearing ; or

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

The court went on to make the fo llowing observations:

(A) The purpose of the test just enumerated is to indicate when an evidentiary hearing is mandatory. In other cases where the material facts are in dispute, the holding of an evidentiary hearing is discretionary. Where a fu ll and fair hearing was held in the state court, the tederal judge may accept and ordinarily shou ld ac­cept reliable findings of the state court, but he need not and has the power to reexamine the facts through an evidentiary hearing.

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

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

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

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

Continued on page 183

The Arkansas Lawyer

:

Continued from page 182

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

The Cou rt then established guidelines for Section 2255 Motions which are also applicable to Section 2254 Petitions:

(1) When the ground for relief has been previously presented and deter­mined adversely on the merits and the ends of justice would not be served by a hearing on the merits, the petition may be denied .

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

These cases have a number of teachings and should be read carefully by all federal and state judges. If forced to distill these cases, I would say that they are most im· portant for establishing the following principles :

(1) Any person who has been con­victed in a state court and claims denial of a constitutional right in the course of the state proceeding will ult imately be entitled to a hearing, to findings of fact , and to have the federal law applied to the facts . Un less the record conclusively shows that petitioner 's c laim cannot be sustained, he is entitled to have the facts determined . Even a con· clusionary statement cannot be ignored as not raising a question of fact and a question of fact may be raised by the uncorroborated statement of the petitioner.

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

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

September, 1973

hearings need not be entertained . The Arkansas Supreme Court has

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

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

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

Continued on page 184

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Page 183

Continued (rom page 183

nought , however . if the state proceeding is not conducted with a due regard for federal requirements. I recommend that every judge shoutd have a copy of the ABA Crimlnat Justice Standards Retating to Post­Conviction Remedies . Also see Becker and Stewart, Prisoner Petition Processing in the Federal Courts by Use of Pattern Forms, 20 Kan. l. Rev . 579 (1972) .

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

The concern of the federal courts is evidenced by Aule 11 of the Federal Rules of Criminal Procedures. This Rule provides as follows :

·· Defendant may plead not guilty, guilty, or, with the consent of the court, nolo contendere. The court may refuse to accept a plea of guilty and shall not accept such plea or a plea of nolo contendere without first ad­dressing the defendant personally and determining that the plea is made voluntarily, with understanding of the nature of the charge and the con­sequences of the plea The court

Page 184

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

While this rule is applicable to the federal courts only, it is. I believe, a Simple and direct exposition of the care which must be taken in ac­cepting a plea of guilty. Most federal judges have, in the course of their ex­perience, prepared a list of questions as a format of interrogation before ac­cepting a plea of guilty. I have seen several which have included as many as 50 questions. The purpose of these questions is. of course, to insure, in­sofar as is humanly possible, that a plea of guilty will not be the subject of an evidentiary hearing in a post­conviction procedure. The validity of this approach is shown by a recent Eighth Circuit opinion (Tucker Y.

United States , No. 72-1357 decided Dec. 18, 1972) in which the court stated that Au Ie 11 proceedings, if conducted properly, were not " exer­cises in futility " and a record properly established in a Rule 11 proceeding could be relied upon to deny without hearing a 2255 Motion.

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

You are all, of course, familiar with the objection to an attorney leading a witness. In my view the type of questioning that requ ires only a yes or no response can be just as leading. Far better would be to require the ac­cused to state in his own words the response to the question . For exam­ple, it is not very enlightening for the judge to ask the accused if he com­mitted the acts alleged in the in-

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

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

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

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

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

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

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

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

September, 1973

SE Reception for Chief Judge Pat Mahaffy

L T Legislation Seminar

LG - Maritime Law Seminar

C Workmen 's Compensation Law Seminar

RG - Hospitality Hour for Lawyer Legislators

RT House of Delegates ' Special Meeting

TE .. Sandwich Buffet Luncheon

DB .. Committee Meetings

WB .. VIDEO: Civil Trial Practice

FB .. VIDEO: Professional (Legal and Medical) Liability

TB .. Arkansas vs OSU

Members of the Arkansas Workmen 's Compensation Commission and experienced practitioners from our Bar will provide the " food for though!. "

The development of the Arkansas River as a major navigation system, together with increased commercial and recreational use of the other streams and lakes in our state, has made an understanding of marit ime law essen­tial for any Arkansas lawyer " worth his salt. " The Friday afternoon segment of our Fall Legal Institute will offer some of the best out-of-state and in-state lawyers in this field . This is a subject already of much importance and one which will become increasingly important, and we had better be familiar with maritime law before that client with a potential maritime law problem walks in the office.

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

Rounding out the Fall Legal Institute wi ll be the House of Delegates ' Meeting and Social Hour on Thursday after­noon , Com mittee Meetings on Friday afternoon im­mediately following lunch, and the Friday evening Recep­tion - and of course the Ralorbac ks on Saturday.

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

Martin Gilbert Chai rman

Legal Education Committee

Page 185

Dean Pasyogel

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

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

Page 186

Dean Murphey

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

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

Director Clark

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

-----J . Steven Clark is the new Director

of Adm issions, Placement and Con­t inuing Legal Edu cation at the Univer­sity of Arkansas School of Law at Fayetteville. He graduated a Student of Distinction with Honors from Ar­kansas State University In 1969 re­ceiving h is B.A . degree In Political SCience : he also was recIpient of the University President's Distinguished Service Award and was se lected as a Distinguished Military Graduate. among many o ther honors .

Clark graduated In June. 1971 with a J.D. degree from the University of Arkansas School of Law. He served as President of the Student Bar ASSOCia­tion and the Ph i Alpha Delta Law Fratern ity. Following graduation. he became an ASSOCiate with the law firm of Sharp and Sharp in Brinkley. Ar­kansas. On February 15. 1973. he took over his current duties al the School of Law . ,,_

The Arkansas Lawyer

,A B A NEWS

Oscar Fendler

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

John C, Deacon

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

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

Dr, Leliar

Dr, Robert A, Le flar, Distin­guished Emeritus Professor of Law at the University of Arkansas received the Harrison Tweed Award of the America n Bar Association at its recent annual meeting at Washing ton, Dr. Lellar was ci ted for his work du ring the past 18 years as Director of the Appellate Judges' Semi nar at NYU each summer, " Robert Letl ar has been one of the great contributors to the st rength of the leg al profes­sion" - Chief Justice Burger, "-:

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September, 1973

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

Paae 187

PREPAID LEGAL SERVICES

By Judge Jamel K . Groye.

(Edito r's Note: Judge Gro ves is an attorney-at- law o r great distinction. Among many other acco mplishments, he has served as Justice on the Co lorado Supreme Co urt since 1968 and Is the current Chairman or the ABA's House or Delegates. His address on " Prepaid Legal Services" berore the Young Lawyers Section or the Arkansas Bar Association during the Association's 75th Annual Meeting on June 7, 1973 is particularly timely ror a ll lawyers.)

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

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

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

Many of you know Norris Darrell of the New York Bar, now chairman of the American Law Institute Mrs . Darrell is the daughter of Learned Hand. Undoubtedly some of you read

Page 188

the article in the New Yorker six or seven months ago concerning Mrs. Darrell's cooperation with respect to a Learned Hand exhibition . Th is article quoted the great judge as saying:

" And so , if I am to say what are the 'pr inciples of civil liberties and human r ights,' I answer that they lie in habits, customs - conventions, if you will -that tolerate dissent, and can live without irrefragab le certainties; that are ready to overhaul existing assumptions ; that recognize that we never see save through a g lass, darkly. and that at long last we shall su cceed only so far as we continue to overtake ' the intolerable labor of thought' - that most distasteful of all our activit ies."

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

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

Real Property, Probate and Trust Law. When he was president of the Colorado Bar three years ago he started preaching. " the fellow with the $300 claim or the fellow who wants to defend against a $300 clai m should have the right to have legal services within h is reach."

The legal profession was jolted and startled by the United States Supreme Court 1963 decision in NAACP y . But­toni find ing a constitutional, protected need for legal services in the civil rights arena. This was followed in 1964 by Brotherhood of Ra ilway Trafnmen Y. Virg inia and In 1967 by Untied M ine Worker. Y. IlIInot. St ate Bar. A segment of ou r profession thought that the cou rt might modify or limit its stand on union 's prepaid legal services programs; but most of that segment have been obliged to can· clude that the cou rt meant what it said when reading the 1971 opinion in Untied Tranl port atlon Wo rker. Y.

State Bar 01 Michigan. To date most of the activity in th is

field is outsi de the organ ized bar. At least 2,000 prepaid legal services plans are in operat ion, but most of these cover only job related problems. There are plans w'ith broad coverage Of personal legal prob lems operating for the Amalgamated Clothing Workers in Chicago; for the laborers in Co lumbus. Ohio and Birmingham. Alabama : for the Amalgamated Transit Union in Pittsburgh; for members of large cooperative societies a t Berkeley, California and Ann Arbor, Michigan; for several union groups in Seattle. All of these plans provide for pre·selected or closed panels of lawyers. These are plans about which ABA has some information, but there are undoubtedly more.

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

Continued on page 189

The Arkansas Lawyer

Continued from page 188 more and by larger insurance com­panies. little Stonewall Insurance of Alabama has two plans in operation _ one for a union group in North Dakota and another in process of marketing in Maryland for members of the Maryland Credit Union League. These are non-fringe benefit, non-Taft Hartley plans. However, Insurance Company of North America, SI. Paul Insurance Companies , Firemen ' s Fund American , General American, and Financial Indemnity of Los Angeles have perfected policies and begun to market their offerings. Many other larger life companies are almost ready to begin , according to our best information - like Prudential , Equitable, Home, Connecticut General, and others. The insurance companies have money to promote prepaid plans and an attractive facade of skills to enable them to take over the underwriting of legal services for the public. Their plans now are open panel and they seek the cooperation of the organized Bar. They have the capacity to change and could design a closed panel system for its normal market of union groups.

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

There is still no position or recom­mended uniform model legislation by the National Association of Insurance Commissioners. They are studying and exploring , and have a special committee, but no recommendation or position has yet been taken . There has been a widely varying attitude among the various commissioners. California approved Firemen 's filing. Missouri approved S1. Paul. Alabama, Maryland and North Dakota approved Stonewall. Pennsylvania is tem­porizing with INA's filing. Ohio' has turned down Progressive of Cleveland and SI. Paul. The Texas State Bar is having difficulty in getting exemption or a pass from the Texas com­missioner. The New Jersey com­missioner has told Blue Cross it must seek special enabling legislation to write prepaid legal services.

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

September, 1973

Louisiana. That plan is the only plan of prepaid legal service in full operation which is sponsored by a bar association and which provides for free choice of lawyers in the com­munity. In brief, that plan derives 2 cents per hour for each of the 600 union members through a check-off for dues. Those funds are sup­plemented for this experiment with ad­ditional funds from the American Bar Association and the Ford Foundation . About $1665 worth of legal services annually are available to the member and his dependents for potential legal needs. A member of local 229 of laborers may go to any lawyer he needs or chooses in the United States , not simply Shreveport. After 21 months of operations, the average claim payment to the lawyer has been $207 . Usage of lawyers by the mem­bers is at a rate of 33% of the group compared to a lower use of 20% during the first year of operation . The clients seem to be " getting to know" lawyers better and making more use of the counselling skills of lawyers in preventing legal trouble. The structure of the Shreveport plan encourages such preventive use of lawyers. The evaluation team from the American Bar Foundation has intenSively studied the first year of operations there and concluded that Shreveport has thus far demonstrated the economic feasibility of a prepaid legal service system employing free choice of lawyers.

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

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

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

employer, or to defend union officers charged with misfeasance in office. This does not seem to bother anyone. Another proposed amendment would make the negotiations as to this sub­ject permissive. The unions oppose this bitterly because, in effect, this means that the employer does not have to bargain on the subject unless he wants to.

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

Practically every program of our professional associations within the past six months has contained discussions of prepaid legal services. Virtually every state and major local bar association is active in the field . California has begun its California Lawyers' Service, a separate cor­poration that will administer plans of prepaid legal services throughout the state. Texas has done the same. Colorado and the State of Washington are almost at the same point ; and New Jersey, Connecticut and Massachu­setts are close to beginning operation.

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

The project shall require sums for administration of the varied functions of the corporation and the payment of attorney fees and costs permitted as

Continued on page 190

Page 189

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

They are now attempting to raise the $100 ,000 .00 in advance from sour­ces other than premium payments, such as state and federal govern­mental agencies, local and national foundations, and private contributors, including non-participating attorneys. Each attorney participating in the pilot program shall be assessed a fee not in excess of $50.00.

The National Consumer Center for Legal Services began with full time staff in January, 1973. For the last 3 months 80% of its effort has been devoted to lobbying on Section 302 (C) of Taft Hartley and 20% to fund raising . It represents 37 consumer organizations, including cooperatives. farm groups, senior citizens. and the National Consumer Federation of America. It is becoming an effective gathering point for consumer action . The ABA has good relations now and we have cooperated on exchange of information and joint lobbying efforts re 302 (C) o f Taft Hartley . Although it has not yet announced any positions, because of its occupation with lob­bying and finances. it must necessarily lean towards publicized positions on low cost, specialization, paraprofessionals. fee bargaining , vigorous public education programs and advertising of availability of ser­vice. class action and ombudsman functions. When appropriate, it should also support the underpinning by federal funds of the entire range of legal services to the public.

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

20,000 of California's 36 ,000 lawyers responded to a state bar survey. 91 % supported prepaid legal services. Curiously enough . in Colorado 91 % of those responding favored prepaid legal services. 52 % responded. 82% of these were willing to partIcipate. The percentages were uniform as be­tween urban and rural communities.

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

Page 190

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

I would close with the statement of our ABA president Robert Meserve :

··Exploration of and action on the

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

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The Arkansas Lawyer

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Page 191

1

ARKANSAS BAR ASSOCIATION Arlullsus Bar Cent.

Convention Plaza - West MllkhalR Stteet , ,

375-4&05 little Rock, Ark_sas 7220 I

COMMITTEE DIRECTORY 1978-74

CONTENTS 1

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

House of Delegates ................................ . .. .. . ... .... .... . . . . .. .............. 194 Association Presidents Since 1899 ................ .................. ........ .... ......... 196 Past Presidents Committee .................................... . ............... . .......... 196

Sections . .. . . . . . . . . . . . ......... . ..... . .......... .. ..................... . ... . . . ...... 197

Standing Committees. . ... ........ ......... . .. . .............. . ................ . ..... . ... 198 Special Committees.. . . . . . . . . . . . . . . .. ...... .......... ..•............................ .198

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

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

Page 192 The Arkansas Lawyer

Executl,e Council

President

President -Elect

James E. West Merchants National Bank Building

Fort Smith . Arkansas 72901

James B. Sharp Bank of Brinkley

Brinkley. Arkansas 72021

Immediate Past President Henry Woods 711 West Third Street

little Rock, Arkansas 72201

NORTHWESTERN STATE BAR DISTRICT -

Thomas F. Butt Douglas O. Smith, Jr. Robert Hays WIlliams

1974 1975 1976

Fayetteville Fort Sm ith Russellville

NORTHEASTERN STATE BAR DISTRICT -

W. D. Murphy Julian B. Fogleman David Solomon

1974 1975 1976

Batesville West Memphis

Helena

LIAISON NON-VOTING MEMBERS -

Chairman , Legal Education Committee ........... .. ..... . ............ Martin Gilbert

Simmons National Bank Building Pine Bluff, Arkansas 71601

Chairman, Arkans •• Bar Foundation .. . ........ . ...... .. . . , .. . Philip S. Anderoon

2200 Worthen Bank Building little Rock , Arkansas 72201

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

Chairman , Young Lawyers WIlliam R. Wilson Section 711 West Third Street

little Rock , Arkansas 72201

Chairman, Executive Council Dale Price 211 Spring

Little Rock , Arkansas 72201

SOUTHERN STATE BAR DISTRICT -

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

1974 1975 1976

Arkadelphia Hamburg

Pine Blull

CENTRAL STATE BAR DISTRICT -

John P. Gill Guy Amsler, Jr. Leonard Scott

Delegate To Amarlcan Bar

1974 1975 1976

Llttia Rock Llttia Rock Little Rock

A.soclation . .. .. .... . .. .. . . ..... . . . . Harschal H . Friday

Arkans .. Judicial Council

1100 Boyle Building little Rock , Arkansas 72201

Raprasentative . ....... ....... Judge Harrell A. Simpson P,O. Box 47

Pocahontas, Arkansas 72455

Executive Director . . .. .. ... ... . ..... .... . . C. E. Ransick Arkansas Bar Center

Little Rock, Arkansas 72201

Staff

September, 1973

Executive Director Aul.tant Executive Director Memberohlp Secretary

C. E. Ranslck Judith H. Gray

Audley Byers

Page 193

Hausl If Dlillatis EX-OFFICIO MEMBERS

PRESIDENT James E. West Merchants National Bank Building

Fort Smith , Arkansas 7290t

IMMEDIATE PAST PRESIDENT Henry Woods

PRESIDENT -ELECT James B. Sharp Bank of Brinkley

Brink ley, Arkansas 72021

711 West Third Street Little Rock , Arkansas 72201

CHAIRMAN , EXECUTIVE COUNCIL Dale Price 211 Spring Street

little Rock , Arkansas 72201

SECRETARY-TREASURER James M. Moody CHAIRMAN, YOUNG LAWYERS SECTION

William R. Wilson 71 1 West Th ird Street

little Rock, Arkansas 72201

District No. 1 Sidney H. McCollum P.O. Box 447 Bentonville, Ark . Term Expires 1975 District No. 2 H. Paul Jackson P.O. Box 69 Berryville, Ark . Term Expires 1975 Dlst rict No. 3 Fines F. Batchelor, Jr. 411 Main Street Van Buren , Ark . Term Expires 1976 District No.4 Robert Hays Williams 116 S . Denver Russellville, Ark . Term Expires 1974 District No.6 Otis H. Turner P.O. Box 607 Arkadelphia, Ark . Term Expires 1975 District No. 7 Joe D. Woodward P.O. Box 727 Magnolia, Ark . Term Expires 1975 District No. 8 Thomas E. Sparks P.O. Box 547 Fordyce, Ark . Term Expires 1976 District NO. 9 Herman L. Hamilton , Jr. 110 No. Main SI. Hamburg , Ark . Term Expires 1974

Page 194

2200 Worthen Bank Building little Rock , Arkansas 72201

NON -VOTiNG MEMBERS

Past Presidents

VOTING MEMBERS

District No. 10 O. Wendell Hall 501 No. Main Benton, Ark . Term Expires 1974 Distr ict No. 11 J . W. Green 602 South College Stuttgart, Ark . Term Expires 1975 District No. 12 John D. Eldridge P.O. Box 479 Augusta, Ark . Term Expires 1976 District No. 13 David Solomon 215 Cherry SI. Helena, Ark . Term Expires 1974 District No. 14 James L. Shaver, Jr. P.O. Box 592 Wynne, Ark . Term Expires 1974 District No. 15 Julian B. Fogleman Bank of W. Memphis W. Memphis, Ark. Term Expires 1975 District No. 16 Bill E. Ross P.O. Box 466 Blytheville, Ark . Term Expires 1975 District No. 17 Gerald P. Brown P.O. Box 726 Paragould, Ark. Term Expires 1976

District No. 18 Marvin D. Thaxton 600 Third SI. Newport, Ark. Term Expires 1974 District No. 19 W. D. Murphy, Jr. Fitzhugh Building Batesvi lle, Ark . Term Expires 1976 District No. 21 Edward Gordon, Jr. P.O. Box 556 Morrilton, Ark. Term Expires 1976 District No. 22 Charles Conway 6 State line Plaza Texarkana, Ark . Term Expires 1974 District No. 22 LeRoy Autrey 501 East 6th SI. Texarkana, Ark. Term Expires 1976 District No. 23 Louis J . Longinotti Thompson Bldg . Hot Springs, Ark . Term Expires 1974 District No. 23 Don M. Schnipper 123 Market SI. Hot Springs, Ark . Term Expires 1976 District No, 24 William I. Prewett 423 Washington EI Dorado, Ark . Term Expires 1974

District No. 24 Richard H. Mays 211 East Elm Street EI Dorado, Ark . Term Expires 1975 District No. 25 John A. Davis P.O. Box 7606 Pine Bluff, Ark. Term Expires 1974 District No. 25 Horace J. Fikes, Jr. 414 National Bldg. Pine Bluff, Ark. Term Expires 1975 District No. 26 Davis N. Laser P.O. Box 1346 Jonesboro, Ark . Term Expires 1975 District No. 26 Randall W. Ishmael P.O. Box 1245 Jonesboro, Ark. Term Expires 1976 District No. 27 Thomas F. Butt Washington CI. House Fayetteville, Ark . Term Expires 1974 District No. 27 Walter R. Nib lock 20 East Mountain Fayetteville, Ark. Term Expires 1975 District No. 27 Truman H. Smith 29 East Center Fayetteville, Ark . Term Expires 1976

The Arkansas Lawyer

A

District No. 28 District No. 29 District No. 29 District No. 29 Robert T. Dawson Steele Hays Edward Lester Charles Carpenter Superior Fed . Bldg . 82t Pyramid Life 2000 Worthen Bank Matthews Bldg . Fort Smith , Ark . little Rock , Ark . Little Rock, Ark . North Little Rock, Ark. Term Expires 1975 Term Expires 1974 Term Expires 1975 Term Expires 1976 District No. 28 District No. 29 District No. 29 District No. 29 Robert l. Jones. Jr. Boyce Love Dean R. Morley Robert Faulkner Merchants Natl. Bk. 1100 Boyle Bldg . 2900 Railroad P.O. Box 1958 Fort Smith. Ark. Little Rock, Ark . North Little Rock, Ark. Little Rock , Ark . Term Expires 1975 Term Expires 1974 Term Expi res 1975 Term Expires 1976 District No. 28 District No. 29 District No. 29 District No. 29 Douglas O. Smith Leonard L. Scott Robert O. Ross Vincent Foster, Jr. 214 No. Sixth 1501 Tower Bldg. 401 300 Spring Bldg . 720 West Third Fort Sm ith, Ark. Litt le Rock, Ark. Little Rock , Ark . Little Rock , Ark . Term Exp ires 1976 Term Expires 1974 Term Exp ires 1975 Term Expires 1976 District No. 28 District No. 29 District No. 29 District No. 29 G. Alan Wooten John B. Th urman, Jr. Isaac A . Scott, Jr. Virginia Tackett P.O. Box 1525 Pyramid Life 2200 Worthen Bank P.O. Box 2261 Fort Smith , Ark. Litlle Rock , Ark . Little Rock , Ark. Little Rock, Ark . Term Exp ires 1974 Term Expires 1974 Term Expires 1975 Term Expires 1976 District No. 29 District No. 29 District No. 29 District No. 29 Don F. Hamilton Winslow Drummond Guy Amsler, Jr. Neva B. Talley-Morris 1550 Tower Bldg. 2200 Worthen Bank Donaghey Bldg . 722 West Markham little Rock . Ark. Little Rock, Ark . Little Rock, Ark. Little Rock. Ark. Term Expires 1974 Term Expires 1975 Term Expires 1976 Term Expires 1976

LAW STUDENT SECTION DELEGATES UNIVERSITY OF ARKANSAS

SCHOOL OF LAW

Fayetteville Campus . ....•......... John Biscoe Bingham Route 3

England, Arkansas 72046

MISSING

AND UNKNOWN HEIRS LOCATED

NO EXPENSE TO THE ESTATE

WOALD·WIDE SERVICE FOR

COURTS - LAWYERS - TRUST OFFICERS ADMINISTRATORS - EXECUTORS

American Arclrille~ A~jocialion INTERNATIONAL PROBATE RESEARCH

449 WASHINGTON BUILDING

WASHINGTON, D. C.

September, 1973

Little Rock Division . . . . . .. . .. . .... Phillip Farr is 2 Nottingham Road , Apt. 12 Little Rock. Arkansas 72207

Fidelity TITLE AND ABSTRACT COMPANY

OFFERS-

Statewide Title Service

REPRESENTlNG­

Louisville Title Insurance CO. OF LOUISVILLE. KENTUCKY

TITLE PLANT

CONSTRUCTION BY

TITLE DATA OF ARKANSAS, INC.

P .O. B ox 644 Benton , Arkansas 72015

MEMBER OF:

.

·.i.I.1 O~~E~f:~nLile Bldg. Benton. Arkansas

I JAMES A. GRAY

President

JAMES E. VILLINES Vice President

LOLA L. GRAY Secretary-Treasurer

Arkansas Land Title Association American Land T itl e Association

Page 195

Arkansas Bar Association Presidents Since Orgailzatlon

· U. M . Rose Little Rock , Ark . 1899- ·Calvin T. Cotham Hot Springs, Ark . 1935-36 " Henry C. Catdwell Little Rock , Ark . 1900- *J. F. Gautney Jonesboro, Ark . 1936-37 " Sterling R. Cockrill Little Rock, Ark . 1900-01 " Waiter G. Riddick Little Rock , Ark. 1937-38 - Thomas B. Martin Litt le Rock , Ark . 1901 -02 · Abe Collins DeQ ueen, Ark . 1938-39 · George B. Rose Little Rock , Ark. 1902-03 - Harvey T. Harrison Little Rock, A rk . 1939-40 - James F. Reed Fort Smith , Ark . 1903-04 N. J. Gantt , Jr. Pine B luff, A rk. 1940-41 " Allen H uges Memphis, Tenn . 1904-05 - Henry Moore, Jr. Texarkana, Ark . 1941-42 " Joseph M . Strayton Newport, A rk. 1905-06 " E. H. Wootton Hot Springs, Ark . 1942-43 - Joseph W. House Little Rock, Ark . 1906-07 Joe C . Barrett Jonesboro, Ark . 1943-44 · William H. Arnold Texarkana, Ark . 1907-08 " E. A . Henry Little Rock , A rk . 1944-45 - John M . Moore Litlle Rock, Ark . 1908-09 Lamar Williamson Monticello, Ark . 1945-46 -N . W. Norton Forrest City, Ark. 1909-10 - Max B. Reid Blytheville, Ark . 1946-47 · W. V. Tompkins Prescott , Ark . 1910-11 oW . W. Sharp Brinkley, Ark . 1947-48 " Ashley Cockrill little Rock, Ark . 1911-12 Archie House Little Rock , Ark . 1948-49 - James D. Shaver Texarkana, Ark . 1912·13 · Cecil R. Warner Fort Smith, A rk . 1949-50 · Charles T. Coleman Little Rock , Ark . 1913-14 - John H. Lookadoo Arkadelph ia, Ark . 1950·51 - Jacob Trieber Little Rock , Ark . 1914·15 Terrell Marshall Little Rock, Ark . 1951-52 " Ira D. Oglesby Fort Smith, Ark . 1915·16 " A. F. Triplett Pine Bluff, Ark . 1952·53 · Charles C . Reid Little Rock , Ark . 1916·17 J. L. Shayer Wynne, Ark . 1953-54 - Thomas C. McRae Prescott , Ark. 1917-18 " J. M. Smallwood Russellville, Ark . 1954-55 " J . H. Carmichael Litlle Rock, Ark . 1918-19 · Shields Goodwin Little Rock , Ark. 1955-56 · William H . Martin Hot Springs, Ark . 1919-20 · Eugene A. Matthews Hot Springs, A rk. 1956-57 *W . F. Coleman Pine B luff, A rk . 1920-21 Edward L. Wright Little Rock, Ark. 1957 -58 " J . F. Loughborough Little Rock, Ark . 1921·22 John A. Fogleman West Memphis, A, • . 1958-59 " J. V. Walker Fayettevi lie, Ark . 1922·23 Willis B. Smith Texarkana, Ark . 1959-60 " C. E. Daggett Marianna, Ark . 1923-24 Wiff S. Mitchell Li ttle Rock, Ark. 1960-61 · 5 . H . Mann Forrest City , Ark . 1924-25 Heartsill Ragon Fort Smith , Ark . 1961-62 "George B. Pugh Little Rock , Ark . 1925-26 Oscar Fendler B lytheville, Ark. 1962-63 " T. J. Gaughan Camden , Ark . 1926-27 Louis L. Ramsay. Jr. Pine Bluff, Ark . 1963-64 oW. T. Wooldridge Pine Bluff, Ark . 1927 -28 Bruce T. Bullion Little Rock, Ark. 1964-65 * J. Merrick Moore Little Rock , Ark . 1928-29 Courtney C. Crouch Springdale, Ark . 1965-66 * T. D. Wynne Fordyce, Ark. 1929-30 Maurice Cathey Paragould , Ark . 1966-67 · T. C . Trimble, Jr. Lonoke, Ark . 1930-31 William S. Arnold Crossett , Ark . 1967-68 "Harry P. Dailey Fort Smith . Ark. 1931-32 J. Gaston Williamson Little Rock , Ark . 1968-69 ·George A. McConnell Little Rock , Ark . 1932·33 Robert L. Jones , Jr. Fo rt Smith , Ark . 1969-70 ·Paul Jones Texarkana. Ark . 1933·34 J. C. Deacon Jonesboro, Ark . 1970·71 "Robert E. Wi ley Little Rock , Ark . 1934-35 Paul B. Young Pine Blu ff , Ark. 1971-72

Henry Wood. Little Rock , Ark . 1972-73

·Deceased

PAST PRESIDENTS COMMITTEE CHAIRMAN : ROBERT L. JONES, JR. N . J. Gantt , Jr. Pine Bluff 1940-41 Oscar Fendler B lytheville 1962-63 Joe C . Barrett Jonesboro 1943-44 Louis L. Ramsay, Jr. Pine B luff 1963-64 Lamar Williamson Monticello 1945-46 Bruce T. Bullion Little Rock 1964-65 A. F. House Little Rock 1948-49 Courtney C. Crouch Springdale 1965-66 Terrell Marshall Little Rock 1951-52 Maurice Cathey Paragould 1966-67 J. L. Shayer Wynne 1953·54 Wiffiam S. Arnold Crossett 1967-68 Edward L. Wright Little Rock 1957-58 J. Gaston Williamson Little Rock 1968-69 John A. Fogleman West Memphis 1958-59 Robert L. Jones, Jr. Fort Smith 1969-70 Willis B. Smith Texarkana 1959-60 J. C. Deacon Jonesboro 1970·71 W. S. Mitchell Li tt le Rock 1960-61 Paul B. Young P ine Blu ff 197 1-72 Heartsill Ragon Fort Smith 1961-62 Hanry Wood. Li ttle Rock 1972-73

Page 196 The Arkansas Lawyer

I·

Sections

Criminal lnw Section Chairman

Vice Chairman

Secretary

Lloyd R. Hayne. 308 Pulaski Counly Courlhouse

little Rock . Arkansas 72201 John Achor

308 Pulaski Counly Courlhouse little Rock . Arkansas 72201

Phillip Willon Justice Building

lillie Rock . Arkansas 72201

Family lnw Section Chairman N. Cloy1een RobertI

P.O. Box 182 England . Arkansas 72046

Savings and loan Section Chai rman

Secretary

Edward L. Wright, Jr. 2200 Worlhen Bank Bldg.

little Rock . Arkansas 72201 Charlel E. Yingling, Jr. 407 Wesl Arch Avenue

Searcy . Arkansas 72143

Taxation, Trust & Estate Planning Section Chairman

Vice·Chairman

Seplember, 1973

H. T. Larzelere, Jr. 1100 Boyle Building

little Rock. Arkansas 72201 Ted Drake

208 E. 5th Ave. Box 6038 Pine Blull, Arkansas 71601

Secretary-Treasurer

Director at Large

Harvey Bell 211 Nali onal Inveslors life Bldg.

Little Rock , Arkansas 72201 Terry Mathews

2200 Worthen Bank Bldg. little Rock , Arkansas 72201

Mineral lnw Section Chairman Robert W. Vater

P. O. Box 411 Fort Smith, Arkansas 72901

Young lnwyers Section Chairman

Vice-Chairman

Robert Cearley Mike Willon Albert Hannah George Proctor

John Jackson Sam C. Hlghlmlth David P. Henry Loull J. Longlnottl, III

William R. Willon 711 West Third SI.

little Rock, Arkansas 72201 Keith Arman

623 Central Hot Springs, Arkansas 71901

Directors 1974

1975

little Rock Jacksonville

EI Dorado Augusta

Gurdon Batesville

little Rock Hot Springs

lnw Student Section Fayetteville Campus .......... Co-Chairman

John Biscoe Bingham Route 3

England , Arkansas 72046 little Rock Division .......... Co-Chairman Phillip Farris

2 Nottingham Road , ApI. 12 little Rock . Arkansas 72207

Page 197

Standing Committees JURISPRUDENCE AND LAW REFORM COMMITTEE

William R. Wilson , Chairman E. C. Gilbreath

Little Rock Fort Smith Batesville Pine Bluff Little Rock Warren Fayetteville Jonesboro Little Rock Bentonville Blytheville Magnolia

David Blair E. Harley Cox, Jr. Dane Clay H. Murray Claycomb Judge Tom F. Butt G. D. Walker Austin McCaskill Sidney McCollum Dan Burge Oliver Clegg

LEGISLATION COMMITTEE Bradley Jesson, Chairman Graham Partlow Thomas Sparks John T. Williams William Eckert Bill Penix Mike E. Wilson Rudy Moore Edward Lightle Richard E. Griffin Gary Brewer

Fort Smith Blytheville Fordyce Little Rock Magnolia Jonesboro Jacksonville Springdale Searcy Crossett Little Rock

PROFESSIONAL ETHICS AND GRIEVANCES

COMMITTEE

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

Little Rock Searcy Fayetteville EI Dorado North Little Rock Fayetteville Paragould Arkadelphia Little Rock Fort Smith Batesville Camden

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

1975 1974 1974 1974 1975 1975 1975 1976 1976 1976 1976

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

UNAUTHORIZED PRACTICE OF LAW COMMITTEE Eugene L. Schieffler, Chairman Marvin Holman Gerald Brown Robert Gibson H. Watt Gregory, III Douglas O. Smith , Jr. Hayes McClerkin A. E. Townsend Eugene Matthews, Jr. James J. Bayne Larry Patterson William F. Sherman Philip McClendon Special Member

West Helena Clarksville Paragould Dermott Little Rock Fort Smith Texarkana North Little Rock Hot Springs Des Arc Hope Little Rock

Pine Bluff

LEGAL AID COMMITTEE G. Alan Wooten, Chairman David Landis Robert C. Vittitow Milas Hale David Hodges Walter Niblock Robert B. Gibson Jerry Light Harry Foltz Oscar Fendler Carman Lavender Gary Barkett

Fort Smith Jonesboro Warren North Little Rock Newport Fayetteville Dermott Little Rock Fort Smith Blytheville Texarkana Little Rock

LEGAL EDUCATION COMMITTEE

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

Pine Bluff Russellville Jonesboro EI Dorado Little Rock Fort Smith Newport Little Rock Fayetteville Forrest City Prescott Little Rock

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

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

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

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

Page 198

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

Richard Hobbs Don Schnipper Hugh W. Harrison, Jr. Allan W. Horne

Auditing Committee John L. Johnson, Chairman Byron Eiseman, Vice-Chairman

Hot Springs Hot Springs

Jonesboro Little Rock

Little Rock Little Rock

The Arkansas Lawyer

,.

'.

,

·1

I.

Paul Hoover, Reporter Frank H. Cox Donald Nance E. C . Gilbreath

Au tomobile In.urance Committee Bruce T. Bullion . Chairman J. L. " Bex " Shaver, Vice-Chairman Edward I. Staten, Reporter John H. Jacobs Dale Price G. D. Walker Wm. A. Eldredge, Jr. Gerald Brown John Purtte Dennis Shackleford Charles Brown Fred Livingston Don Pullen Julian Streett Henry Woods

Award Of Merit Committee David T. Hubbard, Chairman Tom Robertson, Vice-Chairman Patrick Moore, Reporter Ben Rowland

Little Rock Little Rock Little Rock Fort Smith

Little Rock Wynne

Pine Bluff Little Rock Little Rock Jonesboro Little Rock Paragould Batesville

EI Dorado Little Rock

Batesville Hot Springs

Camden Little Rock

Phillip Carroll Byron Smith, Jr. Joe W. Gelzine

North

Fort Smith Fort Smith Fort Smith Little Rock Little Rock Little Rock Little Rock Little Rock Little Rock Little Rock Little Rock Little Rock Little Rock Little Rock Little Rock

David B. Bogard Paul D. Capps Beresford L. Church , Jr. Terry Mathews Frances Holtzendorff W. E. Henslee Sid Dabbs Judith Rogers North

Clyll Procedure. Committee Gerald Brown, Chairman Steve Matthews. Vice-Chairman Jerry L. Canfield , Reporter Robert D. Ross Vincent Foster Cyril Hollingsworth Herschel Cleveland Gayle K. Ford Bill R. Holloway James D. Storey Gary E. Johnson Larry W. Burks John G. Lile Judge James Chesnutt Judge Joe Villines

Claim. Reylew Cooper Jacoway, Chairman

Fort

Committee

William A . Eldredge, Jr., Vice-Chairman Dale Price , Reporter Joseph L. Buffalo, Jr. Billy S. Clark Robert Lindsey H. E. McDermott, Jr. William Moorhead Richard Muse Odell Pollard Ben Rice

Paragould Pine Bluff Fort Smith Little Rock Little Rock Little Rock

Osceola Mount Ida

Lake Village Little Rock Jonesboro

Worth, Texas Pine Bluff

Hot Springs Harrison

Little Rock Little Rock Little Rock Little Rock Little Rock Little Rock Little Rock

Stuttgart Hot Springs

Searcy Jacksonville

Cllantl ' Security Fund W. J . Williams, Jr., Chairman Clay Patty, Jr., Vice-Chairman Eldon F. Coffman, Reporter

Committee

Jerry T. Light H. W. McMi llan

September, 1973

Little Rock Little Rock Fort Smith Little Rock

Arkadelphia

James H. Rice James K. Young William T. Kelly

Computer U. e By Lawyer. Ronald A . May. Chairman Mitchell Moore, Vice-Chairman Wi lliam A . Hough. Reporter J . N. Dowell Paul Giuffre Frank Booth Burl C . Rotenberry George O. Jernigan. Jr. Rudy Moore Herschell Cleveland

Little Rock Russellville Little Rock

Committee Little Rock

Osceola Little Rock Little Rock Fort Smith Fort Smith Fort Smith Little Rock Springdale

Osceola Robert Branch Paragould Charles Beasley Fort Smith C lay Patty Little Rock William Bowen little Rock Bill F. Jennings Magnolia Michael R. Denn is. Law Student Member Little Rock Murrey Grider. Law Student Member Fayetteville

Constit ution And By-Laws Committee Winslow Drummond. Chairman Little Rock Thomas F. Butt. Vice-Chairman Fayetteville Julian Fogleman. Reporter West Memphis Henry Woods Little Rock James B. Sharp Brinkley Richard H. Mays EI Dorado Philip E. Dixon Little Rock

Constitutional Reform Committee George E. Campbell. Chairman Little Rock David Solomon, Vice-Chairman Vincent Foster, Reporter John P. Gill J ames A. Ross, Jr. Philip E. Dixon G. Byron Dobbs Lewis P. Epley , Jr. Charles Frierson , III Charles B. Roscopf Richard S. Arnold Richard H. Mays Field K. Wasson Judge Thomas F. Butt Floyd C . Crow W. C . Barrier Dr. Robert A . Leflar C . R. Huie John Elrod Marion Burton J. L. Shaver, Jr. Eugene T. Kelley Dan McCraw W. T. Kelly R. C . Butler, Jr. Herbert C . Rule. III Ann Henry Charles A . Brown Donald J . Adams Thomas E. Sparks E. L. Hollaway

Helena Little Rock Little Rock Monticello

Little Rock Fort Smith

Eureka Springs Jonesboro

Helena Texarkana EI Dorado

Siloam Springs Fayetteville

Hope Little Rock Fayetteville Little Rock

Rison Little Rock

Wynne Rogers

Hot Springs Little Rock Litlle Rock Little Rock F ayettevi lie Little Rock

Harrison Fordyce Corn ing

Creditor. ' Right. Committee Charles Ledbetter, Chairman Fort Sm ith

Little Rock Little Rock Fort Smith Paragould

Little Rock Little Rock Fayetteville

Abner McGhee, Vice-Chairman Charles W. Baker, Vice-Chairman Larry McCord, Reporter Robert Branch Tom F. Lovett William L. Owen Thomas Pearson

Page 199

Charles Roscopf Griffin Smith

Helena Little Rock

James R. Van Dover Marianna Robert Thompson Paragould Nathan M. Norton, Law Student Member Forrest City

Delenle 01 Criminal Indigent. Committee Don Langston, Chairman Fort Smith Robert L. Pierce, Vice-Chairman Little Rock Wayne Harris, Reporter Fort Smith Cecil B. Nance , Jr. West Memphis James K. Young Russellville Wilbur C. Bentley Little Rock J. W . Looney Columbia, Missouri Nicholas H. Patton Texarkana David Hodges Newport Julian D. Streett Camden R. H. Mills Little Rock W. H. Dillahunty Little Rock Vincent E. Skillman West Memphis A. E. Raff , Jr. Helena Lloyd R. Haynes Little Rock James L. Sloan Little Rock Col. James W. Murphy Little Rock E. L, Hollaway Corning Ronald D. Young, Law Student Member Stephen C. Engstrom, Law Student Member Van A. Gearhart, Law Student Member Mark Stodula, Law Student Member

Delk Book Byron Dobbs, Chairman Paul W . Hoover, Jr., Vice-Chairman Cody Hayes, Reporter Robert L. Robinson , Jr. Clay Patty, Jr. Judge Richard Mobley James A. Ross, Jr. George E. Pike, Jr. John F. Forster, Jr. Richard C. Butler, Jr. Ted Drake Gordon S. Rather, Jr. Bert N . Darrow Sam Hugh Park Neva Talley-Morris Marvin Robertson

Fort Smith Little Rock Fort Smith Little Rock Little Rock Russellville Monticello

Little Rock Little Rock Little Rock Pine Bluff

Little Rock Little Rock Van Buren Little Rock

Cabot Economic. Of Law Practice

Owen C . Pearce , Chairman Committee

W. Dane Clay . Vice-Chairman Robert L. Jones, III, Reporter Mitchell Moore Douglas Anderson William K. Ball Harry F. Barnes Robert B. Branch , Sr. Ralph E. Wilson Peter G. Estes John M . Fincher Paul L. Giuffre John C . Gregg Richard F. Hatfield Paul J . Hogue Thomas D. Ledbetter Tom F. Lovett Philip K. Lyon Richard L. Martin Walter R. Niblock Fred E. Pickett John M. Pittman Marion J. Starling , Jr.

Page 200

Fort Smith Little Rock Fort Smith

Osceola Helena

Monticello Camden

Paragould Osceola

Fayetteville North Little Rock

Fort Smith Paragould

Searcy Hot Springs

Harrison Little Rock Little Rock Fort Smith

Fayetteville Ashdown

West Helena Pine Bluff

John F. Stroud, Jr. Henry Wilkinson Richard A. Williams

Texarkana Forrest City Little Rock

Environmental Law Committee Richard S. Arnold , Chairman Texarkana

Little Rock Texarkana Fort Smith Little Rock Little Rock Little Rock

Chris Barrier, Vice-Chairman Carman Lavender, Reporter Gerald L. Delung W. Dent Gitchel John H. Jacobs Robert Cearley Louis C, Kirby Donald J. Adams Stanley R. Langley Dr. Robert R. Wright Robert L. Jones, III George O. Jernigan Rudy Moore Douglas Anderson William L. Patton, Jr. Cliff Jackson Paul Sullins Elbert Cook James M. McHaney Thomas B. Keys John Tatum H. Clay Robinson Thomas A. Daily Alyn C. Tatum James E. Baine Dave W. Harrod

Gentry Harrison

Jonesboro Norman, Oklahoma

Fort Smith Little Rock Springdale

Helena Little Rock Little Rock

Crossett Hot Springs Little Rock Little Rock

Edith Virginia Shiras, Student Member

Danville Fort Smith Fort Smith Batesville

EI Dorado Little Rock Fayetteville

Federal Legilial/on And Procedurel E. Charles Eichenbaum, Chairman

Committee Li ttle Rock Fort Smtih Little Rock Little Rock Little Rock

J. S. Daily, Vice-Chairman J. Gayle Windsor, Reporter E. H. Arnold Leon B. Catlett F. C. Crow Oscar E. Davis, Jr. George Ellis Jack D. Files Richard E. Griffin William L. Hopper Hartman Hatz Jerry Jackson Lloyd McCain George Plastiras W. R. Riddell Jim Ross , Jr. John Mac Smith Thomas S. Stone

Honorary Members: Senator John L. McClellan Senator J . William Fulbright Congressman William V. Alexander Congressman Wilbur D. Mills Congressman Ray Thornton

Hope Little Rock Little Rock Little Rock

Crossett EI Dorado

Fayetteville Little Rock Little Rock Little Rock Clarksville Monticello

West Memphis North Little Rock

Wash ington, D.C . Wash ington, D.C . Wash ington, D.C. Wash ington, D.C . Wash ington, D.C .

Financial Sources Committee David Hodges, Chairman Newport

Little Rock Paragould Blytheville

James H. Wilkins, Jr. Maurice Cathey Oscar Fendler George Proctor C. R. Warner , Jr. Louis Ramsay Guy Amsler, Jr. Dean Wylie Davis

Augusta Fort Smith Pine Bluff

Little Rock Fayetteville

The Arkansas Lawyer

,

o

,

j II

Government And Corporate Attorneys Robert Johnson. Co·Chairman Donald King, Co-Chairman W. H. Di llahunty . Vice-Chai rman Bob Dougherty, Reporter Robert L. Brown Jack Browne Don Smith Dewey Moore. Jr. John Gautney Charles Beasley Spence Leamons Paul Sullins

Committee Fort Smith Little Rock Little Rock Fort Smith Little Rock Little Rock Little Rock Little Rock Little Rock Fort Smith Fort Smith

Crossett

Group Insurance Plans Branch Fields. Chairman

Committee

Eugene Bailey, Vice-Chairman John C. Ward, Reporter Eldon Coffman

Little Rock Little Rock Little Rock Fort Smith Little Rock Little Rock Little Rock Blytheville

Eugene Mazzanti Harlan A. Webber Wi ll iam L. Patton . Jr. Don Prevallet Charles R. White Ben McMinn Thomas S. Stone

Hot Springs Little Rock

North Little Rock International Law Committee

Joe C. Barrett, Chairman Ronald A. May. Vice-Chairman John C. Echols , Reporter Sidney S. McMath E. Charles Eichenbaum Douglas L. Wilson Arthur R. Macom Ralph M. Sloan, Jr. William D. Haught F. Russell Rogers W. R. Riddell Gerald Delung

Internship Committee Professor David R. Hendrick. Jr. Co-Chairman A. D. McAllister, Jr. . Co-Chairman Boyce Love. Vice-Chairman John Lisle, Vice-Chairman Sid Davis. Reporter David Henry Hugh Kincaid Ben L. Paddock James L. Hall , Jr. Howard Slindard J . S. Steven Tom Ledbetter Robert D. Cabe Albert R. Hanna Don F. Hamilton H. Watt Gregory, III James W. Moore John A. Davis, III William C. Bridgeforth Ned A. Stewart, Jr. Ray A. Goodwin

Jonesboro Little Rock Little Rock Little Rock Little Rock

Rogers Stuttgart

Little Rock Littla Rock

Stuttgart Clarksville Fort Smith

Little Rock Fayetteville Littte Rock Springdale F ayettevi lie Little Rock Fayettevil le Fort Smith Pine Bluff

Rogers Fayetteville

Harrison Little Rock EI Dorado

Little Rock Little Rock Little Rock Pine Bluff Pine Bluff Texarkana Paragould

Judicial Council Liaison James H. Pilkinton. Chairman Phillip Carroll , Vice-Chairman

Committee

Jimason Daggett. Reporter Gerald Pearson

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

September, 1973

Hope Little Rock

Marianna Jonesboro

Hope Augusta

W. B. Putman, Reporter William S. Mitchell R. A. Eilbott J. H. Evans

Fayettev ille Little Rock Pine Bluff Fo rt Smi th

James E. West (Ex-Officio Member) Arkansas Bar Association President James B. Sharp (Ex-OffiCio Member) President-E lect, Arkansas Bar Association Dale Price (Ex-Officio Member)

Fort Smith

Brink ley

Chairman , Executive Council

Labor Law Committee B. S. Clark, Chairman J . Michael Shaw James W. Moore Jeff Starling Philip E. Kaplan Theodore L. Lamb Silas H. Brewer. Jr. Robert E. Funk , Jr.

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

Little Rock

Litt le Rock Fort Sm ith Little Rock Pine B luff

Little Rock Little Rock Little Rock Lit tle Rock

Little Rock Pine Bluff

Litt le Rock Newport

F ayettevi lie Brinkley

Jonesboro Texarkana Fort Smith

Law Student Liaison Jim Dickson , Co-Chairman Hermann Ivester, Co-Chairman

Committee

William Storey , Vice-Chairman Willard Smith. Reporter A. D. McAllister, Jr. Rick Beard Don M. Schnipper Richard Slagle David B. Horne John W. Walker John Steven C lark H. A. Simpson M. J. Probst J. A. Crain Don Killebrew Allen Roberts Dan Bartell Rice Van Ausdall Gerald Asher Keith Arman James K. Young Neva B. Talley-Morris James H. Rice John C. Gregg

Fayetteville Little Rock Fayetteville Fort Smith Fayettevi l le Pine B luff

Hot Springs Hot Springs Fayetteville Little Rock Fayetteville Pocahontas

Pine Bluff Mountain Home Siloam Springs

Camden Jacksonville

Harrisburg Helena

Hot Springs Russellville Little Rock Little Rock Paragould

John B . Bingham, Law Student Member Sam Perroni, Law Student Member

F ayettevi lie Litt le Rock

Lawyer Referral Service Robert L. Jones, Jr., Chairman Bob Dawson , Vice-Chairman Eli zabeth Brooks, Reporter Dick Hatfield Louis J . Longinotti , III Carl Bonner James O. Burnett Jimmy Featherston Wi lliam W. Green James B. Hainen Wi ll iam R. Hass Paul Jackson

Committee Fort Smith

North Little Rock Little Rock

Searcy Hot Springs

Little Rock Fayetteville

M urfreesboro Hot Springs

DeQueen Mammoth Springs

Berryville

Page 201

Paul Jameson Larry McCord Eugene J. Mazzanti Earl Olmstead Kenneth Parsley Curtis E. Rickard John Purtle Joe Madey Lou is Rosteck Jerry Faubus James H. Larrison

Fayetleville Fort Smith Little Rock

Heber Springs Dardanelle

Benton Little Rock Little Rock Little Rock Little Rock Little Rock

Long Range Planning Winslow Drummond, Chairman Steve Matthews, Vice-Chairman Wayne Boyce, Reporter

Committee

Phillip Carro ll Ben Core Dean Wylie Davis Richard S. Arnold Justice John Fogleman David Solomon J. C, Deacon William S. Arnold Henry Woods

Malpractice Panel Committee William A. Eldredge, Chairman Dr. Morriss Henry Mike Shaw Earl Lane David Laser Alston Jennings Steve Matthews

Marit ime Law Committee Gordon S. Rather, Jr., Chairman Edward E. Bedwell Kenneth Baim E. W. Brockman, Jr. Fred Livingston Bert N. Darrow E. C. Gilbreath James W. Moore Donald S. Ryan Mike Huckabay Russell J. Wools William L. Owen W. R. Ridell Leslie Evitts C. Wayne Dowd J. W. Steinsick Lee Tucker David Westmoreland Bill R, Holloway Eugene J. Mazzanti Charles A. Walls, Jr. Guy H. Jones, Jr. Ray Galloway J, Michael Shaw Jim Bill Spears

Membership Committee Robert C. Compton, Co-Chairman Bill Wilson. Co-Chairman All Delegates serve as Committeemen.

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

Page 202

little Rock Pine Bluff

Newport little Rock Fort Smith Fayetteville Texarkana

little Rock Helena

Jonesboro Crossett

Little Rock

Little Rock Fayetteville Fort Smith

Hot Springs Jonesboro little Rock Pine Bluff

Little Rock Fort Smith Pine B luff Pine Bluff Batesville

Little Rock Fort Smith Little Rock Little Rock little Rock Little Rock little Rock Clarksville Clarksville Texarkana Blytheville

Benton Fort Smith

Lake Village little Rock

Lonoke Conway Helena

Fort Smith little Rock

EI Dorado little Rock

Fort Smith Dardanelle Fayetteville

Harrison Hope

Jonesboro

Robert C. Compton Judge James Merritt Judge George K. Cracraft, Jr. Judge Charles Light Edwin R. Bethune, Jr.

EI Dorado McGehee

Helena Paragould

Searcy Municipal Corporation Committee

Jerry Lee Canfield , Chairman Fort Smith William Clark Daviss Stuttgart James V. Spencer, Jr. EI Dorado Bill Ross Blytheville Ike Allen Laws, Jr. Russellville Claude W. Jenkins DeWitt William C. Bridgeforth Pine Bluff Floyd G. " Buddy" Villines, Law Student Memberlittle Rock

New Headquarters Committee Edward Lester, Chairman little Rock

Fort Smith Brinkley

Helena Little Rock Little Rock

Ben Core James B. Sharp David Solomon Philip Anderson William l. Terry Douglas Bradley Worth Camp Wesley Bengel W. P. Hamilton, Jr. Don Smith Boyce Love William J. Wynne Julian Fogleman W. W. Bassett, Jr. Bill Rea Caldwell Bennett Carl McSpadden Darrell Dover William R. Overton Harold Sharpe Joe Purcell C. J. Giroir Carl Langston W. J . Walker

Jonesboro EI Dorado

Newport little Rock Pine Bluff

Little Rock EI Dorado

West Memphis Fayetteville Little Rock

Batesville Heber Springs

Little Rock Little Rock

Forrest City Benton

little Rock little Rock Little Rock

Charles l. Carpenter North little Rock Pre-Law Advisors Committee

Judge Darrell Hickman, Co-Chairman Little Rock little Rock Fort Smith Fayetteville

Neva Talley-Morris, Co-Chairman Judge Paul Wolfe, Vice-Chairman Steve Clark , Reporter Thomas Ark Monroe. III Lera Kelly J . Marvin Holman Allyn C. Tatum J. W. Dickey, Jr. Joe Boone Otis H. Tu rner James A. Ross . Jr. Robert Hays Williams Leroy Autrey William Haught Fred Usery Richard l. Slagle Don N. Curdie Charles Ledbetter Jay Blover, Law Student Member

Prepaid Legal Services Robert McHenry, Chairman Burl Rotenberry, Vice-Chairman Jack Young , Reporter Silas Brewer H. W. McMillan Richard F. Hatfield Fines Batchelor, Jr.

Magnolia Arkadelphia

Clarksdale Batesville Pine Bluff Jonesboro

Arkadelphia Monticello

Russellville Texarkana

Little Rock Little Rock

Hot Springs

Committee

Little Rock Fort Smith Little Rock

Little Rock Fort Smith Little Rock Little Rock

Arkadelphia Searcy

Van Buren

The Arkansas Lawyer

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Eugene Harris Michael O. Parker, Law Student Member

Probate Law Committee Leonard Scoll, Chai rm an Judge Alex Sanderson , Vice-C hai rman Harry E. Meek, Honorary Chai rman Clay Patty, Repo rter Thomas A. Daily Judge Warren Kimbrough Thomas J. Bonner E. L. Cullum Richard Hipp George Proctor Judge Royce Weisenberger Oliver Clegg J. Marvin Holman Judge Thomas F. Butt Weems Trussell Edward L. Wright, Jr. Ben C. McMinn Abner McGehee A. Leon Helms, Jr. Dan Harrelson

Pine Bluff Fayettevi lle

Little Rock Texarkana

Litt le Rock Little Rock Fo rt Smith Fort Smith Little Rock Little Rock Fayetteville

Augusta Hope

Magnolia Clarksville

Fayetteville Fordyce

Little Rock Little Rock Little Rock Little Rock Pine Bluff Clarksville

Litlle Rock John Patterson George Plastiras Ralph W. Sloan James Stallcup Richard L. Wommack Marvin Robertson Byron Eiseman

Pro'e.slonal Utilization

West Memphis Jonesboro

Fayetteville Cabot

Little Rock Committee

William S. Arnold , Chairman Dean Wylie Davis, Vice-Chairman Jerry Pruitt , Reporter J. C. Deacon James Storey Albert Graves, Jr. Governor Dale L. Bumpers

Public In'ormatlon Committee James Buttry, Co-Chairman Virginia Tackett , Co-Chairman W. Dent Gitchel Sam Highsmith Donis 8 . Hamilton John R. Buzbee Douglas Anderson Tom Ledbetter J. W. Looney J. V. Spencer, III James A. McLarty Bill Thompson Ohmer C. Burnside, Jr. George E. Klock Omar Greene F. H. Martin R. S. Weisenberger, Jr.

Crossett F ayettevi lie Fort Smith Jonesboro

Little Rock Hope

Little Rock

Little Little Little

Rock Rock Rock

Batesville Paragould

Little Rock Helena

Harrison Board Camp

EI Dorado Newport

Fort Smith Lake Village

Fort Smith Little Rock Fayetteville Texarkana

Little Rock Paul Benham, III Larry Wallace Bob Dawson Jeff Starling Charles Plunkett

North North

Little Rock Little Rock Pine Bluff

Arlene Heath Terry Kirkpatrick Alvin Schay Jon R. Coleman James R. Rhodes, II I

Real Estate Law Committee Marvin O. Thaxton, Chairman Elizabeth Young, Vice Chairman Judge Richard Mobley

September, 1973

Camden Little Rock Fayettevi lle Little Rock Jonesboro Little Rock

Newport Little Rock Russellville

J. Gayle Windso r Edward L. Wright, Jr. Wi ll iam L. Blair James H. 'McKenzie C. E. Ray Charles Matthews Judge Ernie Wright Midd leton Ray, Jr. Sloan Rainwater, Jr. Herbert Rule Fred Livingstone Donis B. Hamilton Ralph W. Sloan Robert J. Brown J. Drew Avance Howard Cain, Jr. Christopher Barrier

Retirement Plan Committee John L. Rush, Chairman George Plastiras , Vice-Chairman Robert Holmes , Reporter Robert Branch James H. Rice

Little Rock Litt le Rock Li tt le Rock

Prescott Marianna

Little Rock Harrison

Little Rock Walnut Ridge

Little Rock Batesville

Paragould West Memphis

Little Rock Little Rock

Huntsville Little Rock

Pine Bluff Little Rock Pine Bluff Paragould

Little Rock Cabot Marvin Robertson

Larry W. Burks Byron Eiseman Frank Shaw

Fort Worth , Texas Little Rock Fort Smith Pine Bluff

Little Rock Ted N. Drake John Selig R. L. Choate William I. Prewitt Jay Dickey, Jr. Clint Huey Hugh Hardin James A. Pate Walter Davidson W. T. Kelly

Resolutions Committee Paul B. Young, Chairman C layton Little, Vice-Chairman Judge Charles Light Oouglas Parker David Solomon

Magnolia EI Dorado Pine Bluff

Warren Fort Smith Little Rock little Rock Little Rock

Pine Bluff Bentonvi lie Paragould Fort Smith

Helena Special Committee On

John T. Lavey, Chairman Corrections

Rick Beard , Vice-Chairman Jack Holt, Jr., Reporter Richard L. Mays Marion S. Gill Don M. Schnipper William C. Bridgeforth John Lineberger Odell C. Carter Beryl Anthony, Jr, Thomas L. Cashion

Little Rock Pine Bluff

Little Rock Little Rock

Dumas Hot Springs

Pine Bluff F ayettevi lie

Star City EI Dorado

Eudora Fort Smith Bob Blatt

Douglas W. Greene, III , Law Student Member Standards For Administra tion 0 '

Criminal Justice Committee Robert Faulkner, Chairman James R. Rhodes, II I Edwin R. Bethune Judge Steele Hays Judge Melvin Mayfield Judge Bobby Steel Robert J. Brown Kaneaster Hodges, Jr. Frank Wynne Robert F. Fussell Phillip Kaplan

Little Rock Little Rock

Searcy Little Rock EI Dorado

Nashville little Rock

Newport Fordyce

Litt le Rock Little Rock

Page 203

H. Wi lli am Allen Justice John Fog leman Jack Holt, Jr. William H. Howell Comrade Knauts Wi lson F. Webster William G. Myers John H. Haley James Guy Tucker Eugene Mallhews, J r. Judge Wi lli am Enfield Don N. Curdie Beryl Anthony, Jr. Ray Galloway Robert L. Pierce Terry Kirkpatrick Wilbur Bentley C liff .J ackson Rick Orintas Phillip Kinsey

North

David M. Wil l iams, Law Student Member Don A. Eilboll, Law Student Member

Little lillie lillie

Rock Rock Rock

Texarkana Piggoll

Jonesboro Fayellevil le Little Rock Little Rock

Hot Springs Bentonvil le lillie Rock EI Dorado

Helena Little Rock Fayelleville lillie Rock lillie Rock Little Rock

State And Federal Securities Committee Walter Davidson , Chairman Ernest Lawren ce. Vice-Chairman Joe Buffalo, Reporter H. Wall Gregory E. Harley Cox James M . Bryant, III William l. Pallon William F. Sherman Don Jack Emon A . Mahony

lillie Rock Bentonvi lle lillie Rock Lillie Rock Pine Bluff

lillie Rock Lill ie Rock Little Rock lill ie Rock EI Dorado

Joe Boone John Selig Bill G. Wright

Transport ation Committee W. H. Sullon , Chairman Don Smith. Vice-Chairman Terry Mathews, Reporter Bruce Bullion Charles Lincoln Louis Tarlowski Joe Woodward

Uniform Laws Committee

Jonesboro Little Rock Fort Smith

lillie Rock Fort Smith lillie Rock Little Rock Little Rock Little Rock

Magnolia

J. C. Deacon, Chairman Jonesboro Phillip Carroll Little Rock William S. Arnold Crossell Joe C. Barrell J onesboro Robert A. Leflar Fayelleville Marcus Halbrook lillie Rock Cou rtney C. Crouch Springdale Quincy Byrum Hurst, Jr., Law Student MemberFayellevilie

Workmen'. Compensation Committ ee Eldon F. Coffman, Cha irman Fort Smith Troy Doug las , Vice-Chairman Fort Smith Bobby adam, Reporter Fayellevil le Robert C. Marquelle Fayelleville Bill Pen ix Jonesboro Norwood Phillips EI Dorado Steve Matthews Pine Bluff Boyce Love lillie Rock Ted Lamb lillie Rock George Lusk L illie Rock James Larrison Little Rock Phill ip H. McMath Little Rock

Arkansas Bar Foundation

Chairman

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

Page 204

OFFICERS

Philip S, Anderson 2200 Worthen Bank Bu ilding

lill ie Rock, Ark . 72201

Secretary-Treasurer

Vice-Chairman

Waller R, Niblock P.O. Box 818

Fayetteville, Ark . 71701

DIRECTORS

1974 lillie Rock Robert C . Compton 1974 Hope David N. Laser 1974 Paragould Dou glas O. Smith, Jr. 1974 Newport Waller R. Niblock 1974 Springdale J. L. Shaver, Jr. 1974 Pine B luff Edward Lester 1974 Texarkana William H. Sutton

EX-OFFICIO

James E. West, President, Arkansas Bar Association

John F, Stroud, Jr. State Line Plaza

Texarkana, Ark . 75501

1975 EI Dorado 1975 Jonesboro 1975 Fort Smith 1975 Fayellevi lle 1975 Wynne 1975 lillie Rock 1975 lillie Rock

The Arkansas Lawyer

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ARKANSAS BAR FOUNDATION COMMITTEES

AWARDS COMMITTEE EX-OFFICIO MEMBERS

Chairman Arkansas Bar Foundation President Arkansas Bar Association Chairman State Jud icial Council . Chairman

..... Philip S. Anderson

..... James E. West

. . Judge Harrell Simpson

Association 's Executive Council .. Chairman

. ........ Dale Price

Young Lawyers Section

BUILDING COMMITTEE

John P. Gill , Chairman John F. Stroud, Jr. Comer Boyett Boyce Love James B. Sharp David Solomon Julian Fogleman C . R. Warner, Jr. Edward Lester Henry Woods

FUND DRIVE COMMITTEE

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

.. William R. Wilson

Little Rock Texarkana

Searcy Little Rock

Brinkley Helena

West Memphis Fort Smith Little Rock Little Rock

Little Rock Little Rock Booneville Jonesboro Fort Smith Little Rock

Searcy Little Rock

FINANCE COMMITTEE

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

MEMORIALS COMMITTEE

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

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

Little Rock Littte Rock Texarkana

F ayettevi lie

Fort Smith Little Rock Little Rock

Warren Little Rock Texarkana

Fayetteville Pine Blull

Helena Russeliville

Hamburg Pine Blull Paragould

Fordyce Newport

Paragould Camden

EI Dorado Wynne

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

local Bar Associations ARKANSAS ASSOCIATION OF WOMEN LAWYERS

President

Vice·President

Treasurer

Recording Secretary

Corresponding Secretary

Grace Ferguson

Dorothy Yancy Howard

Rebecca Norton

Thelma Lorenzo

Francis Holtzendorll

ARKANSAS COUNTY BAR ASSOCIATION President Claude W. Jenkins Vice·President F. Russe tt Rogers Secretary. Treasu rer Virgi l Moncrief

September, 1973

BAXTER-MARION COUNTY BAR ASSOCIATION President Vice·President Secretary· Treasurer

Gordon F. Engeler James C . Johnson

Drew Luttrell

BENTON COUNTY BAR ASSOCIATION President Vice-President Secretary· Treasu rer

BLYTHEVILLE BAR ASSOCIATION President Vice·President Secretary

James L. Hendren Donald Kendall

Sidney McCollum

Donald E. Prevallett B i ll E. Ross

John B. Mayes

Page 205

BOONE-NEWTON BAR ASSOCIATION President Robert W . McCorkindale

Jerry Pinson Buford Gardner

Vice~President

Secretary-Treasurer

BRADLEY COUNTY BAR President

ASSOCIATION

Vice-President Secretary-Treasu rer

CHICOT COUNTY BAR ASSOCIATION President Secretary-Treasu rer

CLARK COUNTY BAR ASSOCIATION President Secretary-Treasu rer

Robert C . Vitti tow Robert E. Garner Ro bert E. Garner

Carneal Warfield W. K. Gubbs. Sr.

Travis Mathis Bobby Sanders

CLEBURNE COUNTY BAR ASSOCIATION President Earl N. Olmstead Vice-President Leon Reed Secretary-Treasurer Carl B . McSpadden

COLUMBIA COUNTY BAR ASSOCIATION President Larry Chandler Secretary-Treasurer Bill Jennings

CONWAY COUNTY BAR ASSOCIATION President Secretary-Treasu rer

Nathan Gordon Charles Eddy

CRAIGHEAD COUNTY BAR ASSOCIATION President Vice-President Secretary-Treasu rer

Frank Lady Randall Ishmael

Larry Boling

CRITTENDEN COUNTY BAR ASSOCIATION President Joe M. Rogers Vice-President Dona ld Forrest Secretary-Treasurer Steven K. Wood

CRAWFORD COUNTY BAR ASSOCIATION President Floyd G. Rogers Vice-President David O. Partain Secretary·Treasurer Darrell Johnson

CROSS COUNTY BAR ASSOCIATION President Secretary-Treasurer

Everett Proctor J . L. Shaver. Jr.

EIGHTH CHANCERY BAR ASSOCIATION President Vice·President Secretary-Treasu rer

Gray Delling~r Wayne Boyce

Fred Livingston

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

GARLAND COUNTY BAR President Vice-President Secretary

ASSOCIATION R. Scott Campbell

Eugene Matthews, Jr. Regina Whittaker

GRANT COUNTY BAR ASSOCIATION President John W. Cole

Joe Swaty Harold King

Vlce·Presldent Secretary-Treasu rer

Page 206

GREEN -CLAY COUNTY BAR ASSOCIATION President C. W. Knauts Vice-President John C . Watkins Secretary·Treasurer Bob Thompson

HOT SPRING COUNTY BAR ASSOCIATION President Joe W. McCoy Secretary-Treasurer David M. Glover

INDEPENDENCE COUNTY BAR ASSOCIATION President Vice·President Secretary-Treasu rer

Tom Allen C. T. Bennett

Bernice McSpadden

JACKSON COUNTY BAR ASSOCIATION Presiden t Secretary· Treasurer

Tim F. Watson Max O. Bowie

JEFFERSON COUNTY BAR ASSOC IATION President Vice-President Secretary-Treasu rer

John Lile George Howard

John Rush

LAWRENCE-RANDOLPH President Vice·President

COUNTY BAR ASSOCIATION Harry L. Ponder

Harrell Simpson. Jr. Secretary-Treasu rer

LEE COUNTY BAR ASSOCIATION President Vice-President Secretary-Treasu rer

Tom l. Hilburn

W. H. Daggett Carrold E. Ray

Dan H. Felton . III

NORTH PULASKI COUNTY BAR ASSOCIATtDN President Joel C . Cole Vice-President M He Wilson Secretary. Treasurer Mike Wims

NORTHEAST ARKANSAS BAR ASSOCIATION President Mitchell D. Moore Secretary-Treasurer David Burnett

OSCEOLA BAR ASSOCtATION President Vice-President Secretary-Treasu rer

Ralph F. Wilson C . David Burnett

Mitchell D. Moore

OUACHITA COUNTY BAR ASSOCIATION President Searcy W. Harrell. Jr. Vice-President Ralph E. Faulkner Secretary-Treasurer Robert S. Laney

PHtLLlPS COUNTY BAR ASSOCIATION President W. G. Dinning. Jr. Secretary-Treasurer John M . Pittman

PIKE COUNTY BAR ASSOCIATION President Vice-President Jimmy L.

Lindell Hile Featherston Philip Clay Secretary-Treasu rer

POINSETT COUNTY BAR ASSOCIATtON President Henry Wilson

Burk Dabney H. L. Methvin

Vice-President Secretary-Treasu rer

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

Joe H. Hardegree Roloert L. Shaw

James D. Emerson

The Arkansas Lawyer

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POPE·YELL COUNTY BAR ASSOCIATION President Vice-President Secretary· Treasu rer

William R. Bullock Dale Finley

Mrs. Ruth Teat

PULASKI COUNTY BAR ASSOCIATION President Vice-P resident Secretary-Treasu rer

Philip E. Dixon Dean R. Morley

John M . Bilheimer

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

SALINE COUNTY BAR ASSOCIATION President Secretary-Treasu rer

Gladys Wied Ted Donham

SEBASTIAN COUNTY BAR ASSOCIATION President Vice-President Secretary-Treasu rer

H. Clay Robinson S. Walton Maurras

Pat Moore

SOUTHEAST ARKANSAS LEGAL INSTITUTE President President-Elect

John Clayton Sam Bird

SOUTHWEST ARKANSAS BAR ASSOCIATION President Vice·President Secretary-Treasu rer

Fred Embry Pickett Donald Corbin

Talbot Feild

TEXARKANA BAR ASSOCIATION President Vice-President Secretary Treasurer

LeRoy Autrey Connor W . Patman

Gary Nutter Charles Bleil

THIRTEENTH JUOICIAL OISTRICT BAR ASSOCIATION President Charles Plunkett Vice-President Searcy Harrell Secretary-Treasurer Allen Roberts

TRI·COUNTY BAR ASSOCIATION President Vice-President Secretary-Treasu rer

UNION COUNTY BAR ASSOCIATION President Vice-President Secretary-Treasu rer

Camack Sullivan W . G . Wiley

E. A. Causbie

Michae l F. Mahony Wallace M . Moody

Michael R. Landers

WASHINGTON COUNTY BAR ASSOCIATION President Vice-President Secretary-Treasu rer

WHITE COUNTY BAR ASSOCIATION President Vice-President Sec retary-Treasu rer

W . W. Bassett. Jr. Walter R. Nib lock

Terry Kirkpatrick

Jerry Cavaneau Jim Hannah

Robert Blount

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September, 1973 Page 207

~ PURELY SELFISH REASONS

( If No Other)

IF YOU ARE A MEMBER

YOU SHOULD BELONG TO THE ARKANSAS BAR ASSOCIA TlON

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

And Don't Forget

the good fellowsh ip and

You Wi I serve your profession by supporting the Association's continuing efforts to improve standards of legal education, of judicial administration and of admissions to the bar. You help protect the lawyer's professional status by opposing unauthorized practice, and through an ex ­panded program of public service ac ti vities.

the developmen t o f close friendships w it h you r I1rothl~ r ;---'---''---...:..::=---------- ----, lawyers at Assoc iation ac tivities.

Page 208

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

This is an opport unity to serve you rself and the pub lic as we ll.

ARKANSAS BAR ASSOCIATION

408 Donaghey BUilding Little Rock, Arkansas

The Arkansas Lawyer

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Arkansas Lawyer

SENATOR J. WILLIAM FULBRIGHT September, 1973 Page 209

THE FULBRIGHTS

Page 210 The Arkansas Lawyer

~enator 31. WilHam jfulbrtgbt "Not o nly has he been th e bravest and wisest a/advisers. H e is also th e m ost fa rseeing and constru cti ve.

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

September, 1973

-Walter Lippman n

It is with a certain sense of humilit y that we have undertaken to honor Senator J. William Fu lbright . Perhaps we should be conlent merel y to id e ntify the Senator -

With Abraham Lincoln

" ' Th e dogmas of the quiet past are inadequate fo r the stO nilY present, Th e oc· casio n is piled high with difficulty, and we must rise with thl' occasion , A s o ur case is II CW, so we mwjf ,hink an ew and act WI ('IV, We must disc!",hrall uurlelves, and then we shall save o ur co untry,'

Th e words were written by Abrallam Lin co ln . There is much of Lin co ln aboutlhe man readin g his lines, J. William Fulbrigh t, Senator f rom Arkansas, Chairman of the Fo reign R elatio ns Commillee , and, in creasingly. the balance wlleel of weSlern civi liz.atio n , While o thers in Co ngress break loose in occasio nal emotional frenzies , Fulbri(? /1f is thinking far ahead - how can we solve this problem . H e is a man of greal humanity. H is affectio n fo r mankind is deep, and not WOrtl lighrJy o n his sleeve, Like L incoln's southern Illin ois a century ago, Ful brigh t comes fro m a friendly and peace/ul co mmunity wirh a beauty tllm provokl'S men to quiet thought , the hills 0/ western Arkansas, III borh these m ell, Lin eal" and Fulbright, there is a hard, tough grain of co urage."

-Trist ram Coffin

Or with Win ston C hurchill

" Th e true conser vati ves, of whom the greatesr i" this cen tury is Sir Winsto ll Chur­chill , are i" dissolubly ot a il e with the co nstitwio nal sources of tlf l' nat io n 's life . Fo r them the narion (s a living thing which gro ws and changes. alld the) think of them­selves as participating in this growth and change.

IJecause they themselves are so secure and certain about what is essl'rll ia/ and fimdamenllll, the most intelligent co nservatives are liberal ill lempa and progressive in po licy.

Senato r Fulbright is thm kind of co nsen'olive, afld so he is standirlg clwllengl' ro the reactio nary radicals who are in revol t against all the main dl'velopments of the 20th Century."

-Walter Lippm ann

However, we are moved to do more - particularly s ince he is a member of the Arkansas Bar Association. And so, it is with great pleasure and pride that we here review the dis tinguished Senator's life of service to our Co untry and to our State.

The Arkansas Law ye r

Page 211

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

And that is telling it as it is.

Senato r John Sherman Cooper Kentuck y

m E3 w IlROYBAnK

FAYETTEVILLE, ARKANSA S Me mbe r F.D.I.C.

Page 212 The Arkansas Lawyer

September, 1973

THE HILLS OF HOME

Senator Fulbright reminisces befo re former family ho me Nord

Mother And Son

Fayetteville, A rka nsas

Jam es W ill iam Fulbright , the fou rth of six children , w as bo rn o n a farm at Sumner, M issouri o n April 9, 1905. H is fath er Jay Fulbr ight and hi s m o ther Roberta were both stro ng characters. In 1906, Jay Fulbright moved hi s famil y to a farm ju st west of Fa ye ttev ille in the Arkan sas Ozarks. As he had prev iously done in Misso uri , Jay bran c hed out in various enterpri ses and soo n became o ne o f th e most prospero us bu sin essmen in th e area. Th e Ja y Fulbright home was abo ut th e fin est in Faye ttev ille - a red -bri ck, white­co lumned house at o p M o unt Nord overl ooking th e U ni ver­sit y o f A rkan sas campus. On Jul y 23 , 1923 , Jay Fulbright d ied .

Ro berta Fulbright had a rough t ime handling th e fam ily's variou s bu si nesses - but she did so success full y with th e help of her so n Bill - he dropped o ut o f school fo r o ne semester after hi s fath er died .

Fro m her co llege days at th e Un iversi ty at th e Unive rsit y o f M issouri, Roberta Fulbr igh t was a frustrated jo urnali st. It was natural fo r her main interes t to be ce ntered in th e fa mily's news paper, The D emocral - she became a cru sad ing publi sher. " Her b ig love, bes ides her famil y, w as that new spaper" - Fulbr ight.

GREER ABSTRACT

COMPANY " Four Generations of Land Title Research "

Ri chard B. Gree r, Pres. Ruth A. Greer, Secy. Fayetteville , Arkansas

Page 213

I can recall tim es when I gave my chairman co nsiderable headaches, and tim es when he gave m e some; but I am positive that he was in co mplete good fa ith and sin cerity in pursuing his dray as he saw it, just as he is today, and that there is no one in the Senate mo re co nscientio lls and mo re dedicated to th e cause of wo rld peace, no r is there any man in Ih e Senale more complelel y independenl , bOlh of his co l/eagues and of Ih e execuli ve branch of Ihe Governm ent , than lh e Senator fro m Arkansas.

The SenalOr from Arkansas is our kind . ..

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Bank of Elkins J. E. Bunch - Joel L. Bunch

John A. Bunch, Sr. - Joyce R. Bunch Elkins. Arkansas

Senato r Russell B. Long Louisiana

A FUll SERVICE

DANK

The Arkansas Lawyer

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" Then"

September, 1973

Razorback

"Now"

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

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

After an early exchange of punts, the Razorbacks moved to SMU 's 12-yard line. Fulbright faked an end run and passed to teammate Homer Barry for a touchdown. Later, he returned an SMU punt to Mustang territory, setting up his subsequent field goal from the 35-yard line. Arkansas 9, SMU O.

Fulbright also captained the varsity tenn is team . He was president of his fraternity and of the student body.

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FayeLteville, Arkansas

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Fayetteville, Arkansas

Page 215

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

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

- Senator Jacob K. Javits, New York

Senator J. W illiam Fulbright

We, too, count him friend ...

Page 216

THE TWIN CITY BANK

TheeAll-Day Bank North Li ttle Rock Arkansas

The Arkansas Lawyer

Scholar

"Old Maitl ", UniversifY of Arkansas

In the fall o f 1925 , at the age o f twenty, he sailed from New York aboard the LANCASTR IA for England an d, in par · ticular , Oxford. There he entered Pembro ke Co llege, co n­centrating o n po li tica l science , history and eco nom ics. Com­menting in later yea rs , Fulbright observed that he had a mini­mum of intellectual curiosity at fir st, but that he began to read just to learn . Under the tuto rial system , he worked c losely with his tutor R . B. McCallum , a liberal and keen stu­dent of po litics (later Master at Pembroke) for six months of each of his three years at Oxford - spending the othe r six mont hs of each year o n the continent. Fulbright duplicated his Razorback days, letter ing at lacrosse, captaining the Pem­b ro ke tennis learn, and becoming President of the Joh nson Society in his final year.

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

At sixteen, " Bill" Fulbright entered the University of Ark­ansas and did well academ ically. His last semester was the Fall 1924 . At the suggest ion of Professor C lark Jordan , Dean of the Graduate Scho o l, and the urging of his mother, he ap­plied for a Rhodes Scholarship . In those days , one schola r ­ship was awarded in each state IwO oul of every Ihree years .

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

-News Release, December 14. 1924

tour of the conti nen t and lived in Vienna for some six months. H ere he was befriended by Mike Fodor , the know­ledgab le fo reign correspondent for two leading U.S. news­papers. Fulbright received a further educat io n in practical politics and report ing.

Fulbright returned to Fayetteville in 1929 , b ut so on was living in Washington, D. C. He entered George Washington Law School , graduating number 2 in his class of 135 . He worked as a Just ice Department special attorney in the anti­trust division for a year , and was one of the trial lawyers in the so-ca lled "sick chicken case" on the lega li ty of the NRA codes. He then taught law at the George Washington Law School for another year before again returning to Fayetteville in 1936.

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

Dean Waterman

September, 1973

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

Fayetteville, Arkansas

Decm Le/lar

BRONSON ABSTR ACT COMPANY

W.S. (Windy) Bronson Fayetteville - Springdale

Arkansas

Page 217

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

Senator Gale W. McGee, Wyoming

And, we add our personal salute ...

FIRST NATIONAL Of Spflngdale . Arkansas

Page 218 The Arkansas Lawyer

EDUCATOR

President University of Arkansas

Senator Fulbright talks with Dr. Stan ley Rypins after receiving an honorary degree during Rhodes Centenary Celebration at Oxford, England

In 1939, Fulbright was appointed Associate Professo r of l aw and began teaching fu ll time. He was well received by his st udents , impressed with his scho lastic background, ex ­perience and humility.

Si x days aft er the death of Dr. John C. Futrall , Fulbright was appointed the new president of the Un iversi ty o f Arkansas on Se ptember 18, 1939. Gove rnor Carl E. Bailey proposed his nam e. Befo re accepting, Fulbr ight tried to get Dr. Waterman to co nsider the position, wit hout success . At 34, he was th e yo ungest unive rsi ty president in the United States . In an swer to so me cri t icism, Fulbright stated , " It has bee n suggested that I am too young to be the pres id ent of a great institution, but that is one thing fo r which I do not apologize. One might be too stupid, but never too you ng."

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

the st udent s. Wi th the election of Homer M . Atkins as Arkan sas ' Governor, Fulbright's tenure as University Presi dent came to an end in spite of student pro test. On graduation day at the end of the sc h ool year in 1941 , the Board of Trus tees declared his po st vacant. FulbriRht calml y accepted his no tice. Politics had ended hi s career as an educator.

On June 8, 1971 , the University of Arkan sas in it s One Hundredth Year saluted " Se nator J. W. Fulbright in recognit io n of di stingui shed services to hi s coun try in­cl uding significant leadership in Congress in suppo rt of program s o f ed ucatio n essential to th e o ngo ing develop­ment of th e University of Arkansas and it s capac ity to serve the Stat e and Nat io n,"

Fu lbrigh t has rece ived more than a sco re of honorary degrees, inc lud ing the Honorary Degree of Docto r of Civil Law fro m Oxfo rd and the Honorary Degree of Doctor of law fro m Cambriqge .

" For he is a latter -day Aristedes, whom 'passio ns of c itizen s urging base policies do not shake from his purpose'. Things hitherto 'unthinkable ' by his fellow­citizens he repeatedly dares to think, and indeed to utter."

FAYETTEV ILLE SA\" I :s'OS A :-'-ll LOA:-'- AS~OCIArlO:-':

David M, McNair, Pre.lden! Fayetteville, Arkansas

September, 1973

Cambridge Introduction of Senator Fulbright June 10, 1971

NnrtIrwpst Arkansas Wimps " Th e Public Interest Is Th e First

Concern Of This Newspaper" Fayetteville , Arkansas

Page 219

Woman

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

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

-POTOMAC PEOPLE, The Washington Post

May 31, 1970

Behind the Man

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

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

During Fulbright's political campaigns, " Betty" Fulbright proved to be a " better politician" than " Bill " Fulbright. When he had some early difficu Ity in communicating, she would be off and around talking with the voters. The sophisticated lady from the "Main Line" in Philadelphia easily made the transition to "Main Street" in Arkansas.

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

Fulbright Family-195Q

FU LBRIG HT ENTERPRISES Fa yetteville, Arkansas

Page 220 The Ark ansas Lawyer

(fJ CD "0 ;;; 3 0-

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a chance to say about a man who has acJf1ed so much to the richness 01 liIe in the Sena~ ;and in our committee .. He makes service lor all 0' us on the committee a deligh t. It is so nice to be able to say something and to be understood by B man whose in tellecl is just as good aa your own. II not twice as good as your own, without havi,.~ to ex­plain something 10 times. Just because .e has con'rlbuted so much to our esthetic ol_ure. I wanl to pay '"ls tribute.

Any contrib</(ion any 01 us have made likely 0 ... · twice al. important and twice as sigl/licant

bee""se he ha, helped us, because he huJed us, ...., 'fIrodded lIB. and has encouraged

- Senator Clifford Case,

" 'L

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

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

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

Senator Mike Mansfield, Montana

We appreciate " Bill" Fulbright, too .. ,

Page 222

OHLENDORF FARMS - HA R OL D F. OHL ENDOR F, PR ESID ENT­

Osceo la, Arka nsas

The Arkansas Lawyer

Politico While at George Washington Uni­

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

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

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

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

Fulbright was named to the House Committee on Foreign Affairs. On February 16, 1943, Fulbright delivered his first address , " A Program for Peace", -

"I think it exceedingly unfortunate to assume at this time that nothing whatever can be done about controlling the savage and violent elements of the world. to assume that World War III is just around the corner - Such an assump­tion is a most powerful inducement to that very result. I sub~ mit that the only national policy for this great nation of ours is to assume, what I believe to be true, that the peoples of this earth have learned something by experience, that they earnestly desire to avoid and prevent another world war, and that they are willing to make reasonable sacrifices to attain this end. "

Fulbright's well· received address was the first milestone on his road to foreign policy.

On April 5, 1943, Fulbright introduced the famous

jfulbrigbt l\csolution " Resolved, That the House of Represenfatives hereby ex­

presses itself as favoring the creation of appropriate in· ternat/onal machinery with power adequate to prevent fu­ture agression and to maintain lasting peace, and as favor­ing participation by the United States therein."

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

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

Arkansas Western Gas Co.

McGOODWIN, WILLIAMS, & YATES

Consulting Engineers Carl Yates O_T. Williams

FA YETTEVlllE , ARKANSAS Fayetteville, Arkansas

September, 1973 Page 223

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

Page 224

Senator Russe ll B. Long, Louisiana

Senator J. W illiam Fulbright

We, too, thank him and salute him ...

C. FRED and VIRGINIA COLEMAN

Lewisville, Arkansas

The Arkansas Lawyer

Senator From Arkansas On March 28. 1945. Fulbright gave

his maiden add ress in the Senate ; the address became the basis fo r his boo k, "Old M yths and New Rea lit ies", Ful­bright had jo in ed wit h fifteen freshmen senato rs in a (cller to FDR calling fo r a United Nations o rganizatio n . In hi s ad­dress. Fulbright again pushed to wards th is goal.

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

·' Mr . President . I rise in suppo rt of the Charie r. I have no hes itat ion in say­ing that I think it is t he m o st important document that has co me before thi s body, o r any o the r body, during the last twenty-five years. In fact , I think it ranks in importance a lo ngsid e the Declaratio n o f Ind ependence , the Con ­stit utio n o f the United Slales. the Eman ci pat io n Proclamat io n , and the League o f Nations, as one of the most imponant documents in the histo ry o f o ur Co untry."

The Senate approved the U.N C har ­ter on July 28 . 19 45 by a vote of 89-2. The third milestone in Fulbright's fo reign re lati o ns co ncept was a rea lity .

~ ; ~ .. , ' ' -On September 27. 1945. Senator Fulbright again addressed the Senate -

"Mr. President, I ask unanimous consent to introduce a bill, fo r referen ce to the Committee on Mili tary Affairs, authorizing the use of credits estab lished through the sale of surplus properties abroad fo r the promotion of good will through the exchan ge of students in the fields of education, culture , and scien ce . ••• If this bill is appro ved , ehe funds will be ueiliu d to exchange students, create a better un· derstan ding of our mutual problems, and promoee friendly relaeions, while avoiding possible ill feelings between Natio ns resulting from inability to meet obligations set up in traditional methods. "

J. William Fulbright

September. 1973

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

tfJ£ ..1ul hrtgbt iz,cbolarsbtps

"The classic modern example of beating swords into plowshares." . .. John F. Kenn edy

McCLELLAND CONSULTING ENGINEERS, INC.

J.E. McClelland. Pres ident Fayetteville. Arkansas

Co ngressional R eco rd, Vol. 117, No . 123 , Monday, August 2,1971 , carries a recount of the n otable results of the Fulbright Scholarship plan. " I remain co n vinced that ed u catio nal and cultural exchange offers on e of the best m eans available fo r improving in· t er na tional understanding." Fulbrigh r. 1971

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

Fayetteville. Arkansas

Page 225

Dissent And '" likt' 10 feel free 10 take each issue as it comes." -

Fulbright " / ha/(' like hell 10 be if! rli e minority. I f dOl'S give m e

pause." . Fulbright And at l im l!s. he stood alone - bu t stand he did . In 1950-51, as Chai rman of the RFC Subco mmittee. Sena­

tor Fu lbr ight co nducted an invest igation which att racted great atten t io n and was c ited by man y co mmentat o rs as a mod el for conduct of invest igat ions by a Co ngressional co m­mittee . This was an investigation whi ch resulted in the fam o us "mink coat scanda l." The inves tigat io n also resulted in the appointmen t of Stuarl Symington as Admin ist rato r of the RFC and the refo rm o f the agency, afte r c lashes with the Tru­man admin ist rat io n . The investigatio n and subsequen t d eve lo pmen ts figured pro minently in the estab lishment o f et hi cal standards fo r the co nduct of government business.

In Febura ry 1954 , he was the o nly Senat o r who voted aga in st an appro priatio n o f $214,000 fo r the Pe rman ent Sub­

·co mmittee o n Investigations. whi ch was chai red by Senato r Joseph R. McCarthy of Wisco nsin . Senator McCart hy ca lled Fulbright , " Senato r H alfbright ". McCart hy was late r cen­sured o n December I , 1954 by the Senate for his investiga­tio n metho ds and so called " McCar thyism ." Fulbright ass ist-

Senator Fulbright With l.F.K.

Urgin g Mul(iple Censure of Senator Joesp" R . M cCarthy

in drafting the reso lu tion . Fulbright's fellow Ark ansan. Sena­to r Jo hn L. McClell an. look ove r the Chairmanship of the Perm anent Subcom mi ttee on Investigations in January 1955 and became the Senate's most o utstand ing investiga to r .

" It was easy to forget. Imer, who had bel'lI hrave and who had heel! [imid in the Senme - in a Sellate [11m (h(' 11 CO t/ ­

willed (WO future presidents all d two vice-prl's idellfs of the Ullit ed Stafes" - Ful b righ t, The Dissen te r .

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

Fu lbright was the o nly Senator who lodged with Presid ent Jo hn F. Kenn edy se rious c ri t icism of the Bay of Pigs invasio n in 1961. As C hairman uf the Foreign Relat ions Cnrnmitlee. he was for the first t im e se r vin g under a Presiden t of his own Democ ratic party. Afte r the fa ilure o f the invasion. Kenn edy remarked 10 Fulb right. " We ll. yo u're Ihe o nly o ne who can say I to ld you so".

JOHN E. MAHAFFEY & ASSOCIATES, INC.

MURPHY FORD COMPANY NB. " Nap·· Murphy. Owner

Hamburg , Arkansas

Page 226

Municipa l Engineers Fayetteville, Arkansas

The Arkansas Lawyer

Consent On September 15. 1965. Senato r Ful brigh t spo ke 10 the

Sen a te c ritic izing Pres iden t Jo hnso n' s po licy in the U.S. mili ­ta r y in te r ventio n in the D o minican Repub lic - the fir st in nearly fo ur decades in Lat in America.

On Aug ust 4 , 1964 . the T o nkin Gulf in cident was repo rted to Pres id ent Lynd o n B. Jo hn so n . On August 6th . Senat o r F ulbright in tro duced to the Senat e the "T o nkin Gu lf ' Reso lutio n , givi ng the Pr esident aut ho ri ty to repe l " an y a rm­ed atl ac k aga inst the fo rces of the Un ited Stat es and to pre ­ven t further agg ressio n" in Vietnam. " I did so because I was co nfident that Presiden t Jo hnso n wo uld use o ur end o rsemen t wi th wisd o m and restrain t." - F ul b right

Fulbright has been desc ribed as " the most co nstant criti c o f the Vietn am co nflict. " "Senato r Fulbr ight appears to be si ngl e-m ind ed in his co ncern with the Vietn am war" -C itizens Look At Co ngress. In the te levised hearings by the Fo reign Relatio ns Co mmittee o n Vietnam , Sen ato r Fulbr ight made his " mark as a fai r but persevering investigato r".

" / reclll/ that when we ga l info the IVllr ill Vietnam, we were told, wil li respecl to the Gulfof Tonk i'l in ciden t, Ihal all thaI a Co ngressional reso lwio n wo uld do wo uld be 10 make a very small ges tu re of unilY which wo uld result in pre vell l illg Ih e spread of 11101 war . We were to ld tllm th;s was Ihe way 10 slap Ill e war f rom wid en in g. The war was a very mino r affair so fo r as we were co ncern ed in Augusl of /964. A I IIial lime we had less Ilion 20,000 people in thm area.

- Fu lbright , 1970

T hese word s of Li nco ln, spoken over a century ago , could well be the words of Fulb right today . . .. • .

September, 1973

" Whal cO II sli tll.l eS Ih e bulwark afo ur O IVII liberty and independen ce? / 1 is nOI Olir f ro wn ing balflem elliS. o ur brisllin g sea ('oaS IS, o ur arm y and novy. Th ese are not o llr re/iall ce aga;,u t tyrann y. All ofl /lOse may be Ilirned against us . .. Our reliall ce is in the 10 \'(' of liberty which God hos planted in us. Our d£'fe nse is in the spiriT which prized liberry as Ihe herilage of all m en , in all lands everywhere. D eSTroy Ih is spirit and yo u have plOllfed the seeds of despotism at your o wn doo rs. A ccusto m ed to tram ple a ll Ih e rights of others, yo u have lost Ihe gen ius of yo ur o wn indep en ­dence and becom e lhe fi t subjects of the jirst cunning tyran t thof risesam o nK yo u."­Linco ln

tilhtU• TYSON FOODS, INC.

" We Feed People" Springdale, Arkansas

HORACE TERRY PONTIAC CO.

806 West Capi to l , 375-9861 Li tt le Rock , Arkansas

Page 227

Historical

With Senacors Green, Kenned y, John son - 1959

With Senator Dirkson - 1967

~

tJ Best Wishes To A Good Frielld

Of The Poultry Illdustry ARKANSAS POULTRY

ASSOCIA TION

Page 228

With Adlai Stevenson - 1961

With Hubert Humphrey - 1962

"Biggest Bank on the Border"

first national bank of fort smith MEMBER FDIC

The Arkansas Lawyer

Moments

With Presiden, Lyndon B. Jo hn so n. 1962 Wi,h Robert K en II edy, 1962

With Dean Rusk. 1965 With Govern o r Geo rge Wallace, 1973

Seotember. 1973

ELECTRIC COOPERATIVES OF ARKANSAS

SALUTE SENATOR FULBRIGHT

Agricultural Council of Arkansas

" Promoting Agricultu re" P.O. Box 647

West Memphis, Arkansas

Page 229

AUTHOR Senator Fulbright 's books highlight his political

philosophies - Prospects lor the West , 1963; Old Myths and New Realities , 1964; The Arrogance of Power, 1966; The Pentagon Propaganda Machine, 1970; and The Crip­pled Giant , 1972. A lew quotes Irom the last three best elucidate his ideas and Ideals .

The Crippled Giant, 1972

"We have gone astray by trying to do things for which we are iII­suited. Our national experience and the values in which our Republic is rooted did nol prepare us for the role of power broker of the world. It was we Americans who provided the principal leader­ship lor both the League of Nations and the United Nations. and in those endeavors, disappointing though they have been, we were as true to ourselves as ever we have been in our foreign relations . For reasons partly of necessity. partly of misjudgment. we have strayed from the course for which our experience and values prepared us mto Ihe uncongenial practices of power politics and war. The diver­Sion has depleted our resources and our spirits: it has crippled the giant. "

" We have some choice in the extent and character of our foreign commitments - a great deal more than recent PreSidents have recognized. We had better exercise that choice soon for a major shill 0 1 emphasis from foreign to domestic activities for two essen­tia l reasons: first. because the nation has been weakened by Ihe material and spiritual drain of an overly ambitious foreign policy and it is past time for us to renew our strength at its source; second, because chronic war and crisis , giving rise to increasing and un­checked executive power. have become a clear and present danger to American democracy. In the long run a democracy, if it is to remain one. cannot allow foreign policy to become its dominant ac­tivity . The very essence of democracy is the commitment of public policy to the service of Individual. societal ends; a nal ion preoc­cupied wi th power politics over a long period 01 time cannot help but lose touch with its own democratic objectives. whereupon it will cease to be a democracy and become - against its own wishes and In tentions - a dictatorship."

"Out of a well-intended but misconceived notion of what patriotism and responsitnhty require In a lime of world crisis, Congress has permitted the President to take over the two vital foreign policy powers which the Constitution vested in Congress: the power to initiale war and the Senate 's power to consent or withhold consent from Significant foreign commitments. So com­pletely have these two powers been taken over by the President that it is no exaggeration to say that. as far as foreign policy is con­cerned. the United States has joined the global mainstream : we have become, for purposes of foreign policy - and especially for purposes of making war - a Presidential dictatorship."

" The dilemma of contemporary American foreign policy is that , while becoming the most powerful nation ever to have existed on the earth . the American people have also carried forward their historical mistrust of power and their commitment to the imposition of restraints upon it. That dilemma came to literal and symbolic

fulfillmen t in the year 1945 when two powerful new forces came into the world . One was the bomb at Hiroshima. represen ting a quantum leap to a new dimension of undisciplined power. The other was the United Nations Charter. representing the most signi ficant effort ever made toward the restraint and con trol of nat ional power. Both were American inventions, one the product of our laboratories, the other the product of our national experience. Incongruous thoug h they are. these are America 's legacies to the modern world ; the one manifested Vietnam. the cold war. and the nuclear arms race. the other in the hope that the rules of the traditional game of power politiCS can be changed to make the world safer, more civilized and more humane."

" With leaders more attuned to the traditional values of the Amencan people we cou ld go on. without great difficul ty, to end the debilitating and indecent war, to meet the neglected needs of our own society. and beg rn to fu lf il l the promise of the Uni ted Nations. The dissenters of recent years have been sending their leaders a message. and there are signs that is getting through. All things con­sidered , I would place my bet on the regenerative powers of the idealism of our younger generation - thiS generation who reject the unhumanity of war In a poor and distant land. who reject the poverty and sham in their own country. thiS generat ion who are telling their elders what theIr elders ought to have known, that the price of empire is America 's soul and tha' price is too high."

IIAMER[CAN SAVINGS

AND LOAN ASSOCIATION

BALDWIN PIANO & ORGAN

COMPANY - Li tt le Roc k - Conway -

SPRINGDALE ROGERS BERRYVilLE. - Fayelleville - DeQueen -

Page 230 The Arka nsas Lawyer

ANALYST The Pentagon Propaganda Machine, 1970

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

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

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

"When war was abhorrent to the American people, the military was considered only as a tool to be used if needed. Today, with our chronic state of war, and with peace becoming the unusual , the military has created for itseff an image as a comforting thing to have around. In reality,

The Arrogance " The attitude above all others which I feel sure is no

longer valid is the arrogance of power. the tendency of great nations to equate power with virtue and major respon­sibilities with a universal mission."

" Despite its dangerous and unproductive consequences, the idea of being responsible for the whole world seems to be flattering to Americans and I am afraid it is turning our heads, just as the sense of universal responsibility turned the heads of ancient Romans and nineteenth-century British ."

" The Senate as a whole, I think, should undertake to revive and strengthen the deliberate function which it has permitted to atrophy in the course of twenty-five years of crisis

"There are, I think . some limited positive steps which the United States might take toward improved relations with China."

" Educational exchange is not a propaganda program designed to ' improve the image' of the United States as some government officials seem to conceive it. but a program for the cultivation of preceptions and perspectives

DAN FELTON & CO.

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

"A real hope in the fight against military influence, I believe, rests with our young. War is abhorrent to them as it seemingly is not to many of us who have lived with slaughter for the past thirty years and made an apparent ac­commodation to the threat of nuclear destruction. The young remain unpersuaded that man is brought upon this earth solely to find his way to the grave. There is among them a vigorous affirmation of life, a love of life that is op­timistic and confident of the future. The anti-life philosophy of militarism offends their minds and hearts."

" However, the task of strengthening the 'attraction of life,' the core of the American optimism that built this coun­try, is in the hands of those no longer young. It is my generation who must halt, then turn back the incursions the military have made in our civilian system. These incursions have subverted or muffled civilian voices wi!hin the Executive branch , weakened the constitutional role and responsib ility of the Congress, and laid an economic and psychological burden on the public that could be disastrous."

of Power, 1966 that transcend national boundaries . To put it another way. far from being a means of gaining some national advantage in the traditional game of international relations, in­ternational education purports to change the nature of the game, to civilize and humanize it in the nuclear age."

"I suggest that we begin to replace bilateral foreign aid , which is analogous to private philanthropy. with an interna­tionalized program based on the same principles of public responsibility which underlies progressive taxation and the social services we provide for our own people. I suggest that we extend the frontiers of our loyalty and compassion in order to transform our aid to the world 's poorer nations from something resembling a private gratuity to a com­munity responsibility. "

" The foremost need of American foreign policy is a renewal of dedication to an 'idea that mankind can hold to ' -·not a missionary idea full of pretensions about being the world 's policemen but a Lincolnian idea expressing that powerful strand of decency and humanity which is the true source of America 's greatness."

Dan Felton, Jr. - John Fulbright Felton Dan Felton III - Tren t Felton

Marianna, Arkansas

FARM SERVICE COOPERA TIVE

"Prodllcers of broilers, (lIrkeys, and farm products "

Fayetteville, Arkansas

September, 1973 Page 231

First, I think th e distinguished Senator offers tremendous hope to youth all over the country, He may be senior in the Senate, and he may be very senior in the service, now, as chairman of this distinguished committee, but he has touched young people, He has made them feel that the Government is really responSible, and that senior Mem­bers of the Senate can express and articulate many of the deep-seated feelings that they have; and that is not just the young people of his State, but young people all over the country,

Second, he has demonstrated and proved that government can be made responsive to the strong feelings of people,

Third, he has demonstrated the independence of the Senate, He has demonstrated that we have a form of government which has three

te and distinct branches, and whetller it is pressure from the

branch under the control of his own party's leadership, or the leadership of the opposition party, there is no partisanship in the in­dependent expressions of feelings and attitude of Senator Fulbright, no r in his sense of purpose and conviction in carrying out those feelings ,

Senator Charles H, Percy,

'\ I / ~ e:=e=LEI == ENTERPRISES

'--_____________ ,I' ___ I_,, _________ J_O_E __ M_, _S_T_EE_L_E_,_P_R_E_SI_D_E_N_T ____________________________ ~ _ Fayetteville, Arkansas

Page 232 The Arkansas Lawyer

September. 1973

Around Washington

We are privileged to join in this salute to Senator " Bill" Fulbright . . ..

COOPER COMMUNITIES, INC.

r

)

Page 233

CHAIRMAN • • • •

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

- Fulbright

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

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

-Sparkman

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

r

Senator John /. Sparkman - Alabama -Mansiield Senator Mike Mansfield - Montana

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

-Pell

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

Senator Clifford P. Case - New Jersey -Case Senator Claiborne Pell - Rhode tsland

Page 234

LACKEY MOTOR COMPANY G. H. " Buddy" Lackey, President

Mountain View, Arkansas

~HOME FEDERAL SAVINGS v: :-'. AND 18\ LOAN ASSOCIATION

IIWhere tomorrow

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......... Jonesboro, Arkansas

The Arkansas Lawyer

FOREIGN RELATIONS COMMITTEE Some people in this country call Bill Fulbright irresponsible and the reason is that he does

not hesitate to rake an extremely independent posifion which walks off the beaten path . If ever (nefe was a time in the history of our country and in the h istory of the world when this absolutely irreconcilable spirit of questioning was in need, it is now. /1 is precisely because he will nOf accept the yoke of conformity that he is such a magnificent chairman of the com · mirtee. "*.*

The path on which he beckons chis country will lead to the promise of construc tive achievement in terms of justice and well-being in the world, with a far less doctrinaire ap­proach to problems than shown so far, with deep understanding and friendship for a/l people in the feeling we are going to have to live w i th them, and we cannot five with them if we are afraid 10 try new ways.

Senator Jacob K. Javits - Ne w York

The distinguished Senator from Arkansas more than any other American, has asked quietly, and despite bitler crit icis m, Wha! is the price. and is it all worth the cos t, these foreign ad­ventures which are bleeding the American economy 10 death and, what is far more im­portant, exacting as price the Jives of many young Americans.

11 it is right, then so be it . We who have the decision to make in our hearts and minds are grateful that we have a colleague who constantly urges us to weight the high cast as against what can be achieved. I salute him for that. ••••

In due time this great country will recognize the contribution being made by this in­dependent and thoughcful genlieman who is doing his best to see the people get the facts, important facts that have to do w ith the survival and prosperity of the Nation. I am honored to be on his committee. It is thought provoking, stimulating, and chaUenging. There is no committee in the Congress contributing more to the welfare of the country.

Senator Stuart Symington - M iSSOUri

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

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

Senator Russell 8. Long - l o ui siana

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

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

September, 1973

CHARLES and WANDA YOUNG

Fort Smith, Arkansas

Hot Springs

Senator Charles H. Percy - Ill inois

ARKANSAS BANK & TRUST CO.

Arkansas

Page 235

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

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

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

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

***** In due lime Ihis great counlry will recognize the contribution being

made by Ih iJ independent and thoughlJul gentleman who is doing his best 10 see Ihe people get the facts, importaflf facls that have 10 do with Ihe survival and prosperily of Ihe NaliOll. I am honored 10 be on his committee. It is thought provoking. Jtimulating, and challenging. There is no committee in the Congress conlributing more to the wel­Jare of the counIry.

- Senalor Sluart Symington , Missouri

We all are deeply indebted for his many services.

briggs associates. inc.

-Porter Briggs, President-

Page 236

Trade Association , Trade Show and Exposition, and Non-Profit Organizational Management

Little Rock - Dallas Memphis - Washington

Th e Arkansas Lawyer

I

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

He commented , in part - " As currently invoked and practiced in our country, executive privilege repre­sents a gap in the rule of law, placing the executive branch of our federal government in a position of immunity from principles of law which are bind­ing upon other branches 01 govern­ment and upon ordinary people .• * *

This of course is a repudiation of the very concept of a government of checks and balances . .•• In foreign as in domestic affairs there can be no question of the authority - indeed of

"Watergate' ,

Senator J. William Fulbright

the responsibility - of the Congress to exercise legislative oversight. .•. Without information, it is now inc reas­ingly recognized , Congress is scar­cely able to investigate or oversee the execution of its laws, and if it cannot engage in these functions, it is scar­cely qualified to make laws at all. •••

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

early American legislator Edward Livingston of New York: 'No nation ever yet found any inconvenience from too close an inspection into the conduct of its officers, but many have been brought to ruin and reduced to slavery, by suffering gradual imposi­tions and abuses, which were im­perceptible only because the means of publicity had not been secured.'

" The bill concerning executive privilege which I commend to the combined subcommittee today is de­signed to help secure the 'means of publicity ' of which Livingston spoke and, in so doing , to help restore the Congress to its proper role as the guardian of democratic liberties . The purpose of this bill is not to eliminate but to restrict the practice of execu­tive privilege, by reducing it to bounds in which it wi ll cease to interfere with the people 's right to know and the Congress's duty to investigate and oversee the execution of the laws."

Compliments of Compliments of

a friend OZARKS ELECTRIC

COOPERATIVE CORPORATION Fayetteville, Arkansas

September, 1973 Page 237

Page 238

AROUND ARKANSAS

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

Witt and Jack Stephens

The Arkansas Lawyer

Senator of Arkansas

,,*** he has f rom the beginning quietly accum ulared a reco rd of service to his Slale which is unsurpassed."

-For rest Rozzell Labeling Senator Fu lbright

The Jo urnal of Arkansas Education , 196 1

While Fulbright , more tha n any othe r Senato r, is id entified with foreign re la­tions, the const ituti o na l r o le o f Con­gress. and defense affair s, he has a lso wo rk ed st renuo usly \0 se rve the peop le of Arkansas.

On the eleven key voles in 1971 tha I the National Farmers Union consider­ed impo rtant , Fulbright vo ted each lime "co rrect ly" as defined by thaI o rgani zatio n . On matte r s affect in g labor , the AFL -C IO's CO PE d ete r­min ed that o n twelve key issues in 1971 , the Senator voted nine t imes with labor. He has spo nso red legisla­ti o n which provid ed for loa ns 10 State and local develo pment co rpo ratio ns, loan s for water and sewer faci lities for small er co mmunities , and loans for vete ran s' housing o utside met ropolit an areas.

SenalOr Fulhriglu

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

Ralph Nader Congress Project Citizens Look al Congress,

Oct o ber 22, 1972

In recent yea rs, he has been par ­ticularly co ncern ed with the reordering of nat io na l prio riti es so as to bring a more rational allocatio n of the co un ­t ry's reso urces. H e is co ncern ed with t he se rIOusness of envir o nmental pro blems in the natio n . H e sponsored Bill S7, providing fo r the es tabli shment o f the Buffalo National River , to be ad-

ministered by the National Pa rk Ser­vices in Arkansas.

Senator Fulbright also serves o n the Sen ate's Finance Co mmittee and Joint Economic Committee. Hi s is now fifth in Senat e seniority and rank s fo urth in the Senate among Dem ocrats.

" The best known of all Arkansas politicians is 1. William Fulbright. His srat uH' as Cha irman of the Fo reign Relarions Comm ir ree and his il1-remariona/ fame have obvious po/irical effects back in Arkansas. Th e people are extremely proud of this fame **".

-Citizens Look al Congress

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

ROY PREWITT J.M. MALONE, JR.

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

CHARLES GRIFFIN

PHILIP D. SIMS J.D. WOOD

W.E. COATS I.F. ANDERSON

Lonoke, Arkansas

September, 1973 Page 239

SEAL OF APPROVAL " All I tr y to do is meet each day as I ca n and, hopefull y, to save this country fro m go ing down the w rong road."

- Fulb righ t, 1970

To emphasize howell Senator Fulbright has succeeded, the House of Representatives, 69th General Assembly, State of Arkansas, on February' 28, ),973, approved a Resolution" In recognition and commendation of the outstanding public service of Senator /. William Fulbright". The Resolution contains twenty (20) "Whereases" to spell ut his man t accomplishments, and ends with the following resolutions:

"That this Resolution i dopted il' res{,ectful recognition and appreciation 01 the years of devoted and con­scientious and unselfish servic of Senator /. Willi / m Fulbright as a distinguISh ed scholar and lecturer, and as an economic, social, cultural, a d political leader, ana especially for his leadership role in the affairs of the United States Governm.ent a ~ a distinguished and respected member of the Unit.ed States Senate.

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

Page 240

CLIFTON R. HOOD - H.M. BRINKLEY BRUINS PLANTATION

Hughes. Arkansas

The Arkansas Lawyer

Some people in this country call Bill Fulbright irresponsible ·and the reason is that he does not hesitate to take an extremely independent position which walks off the beaten path . If ever there was a time in the history of our country and in the history of the world when this absolutely irreconcilable spirit of questioning was in need, it is now. It is precisely because he will not accept the yoke of conformity that he is such a magnificent chairman of the committee.

He IS a magnificent Arkansan ...

WORTHEN Bank & Trust Company

Little Rock , Arkansas

Senator Jacob K. Javits, New York

Member FOIC lind Federal Reu,...!! Synllm

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

Senator J. William Fulbright

He beckons and we follow with confidence, COMMERCIAL NATIONAL BANK

Lillie Rock, Arkansas

Senator Jacob K. Javitl, New York