MAY 1973

MAY 1973 VO l. 7,NO. 3

THE OFFICIAL PUBLICATION OF THE

ARKANSAS BAR ASSOCIATION

OFFICERS

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

EXECUTIVE DIRECTOR

C. E. Ransick

EXECUTIVE COUNCil

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

Ex-Officio

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

EDITORIAL COMMITTEE

Robert D. Ross Ph ilip E. Dixon C. E. Ransick

THE ARKANSAS LAWYER

(§Ie

Arkansas Lawyer SPECIAL FEATURES

75th Annual Meeting Speakers . Client Security Fund . Our Heri tage ...... . . .

. ..................... 104 .............. 111

. . John L. McClellan 112 Law Day USA - May 1, 1973 .. Arkansas Bar Foundat ion Briefs .

. ............... 116, 158 . ... 118

Admissions Ceremony .. . ....... . . .... 157 Sou rces of Info rmation in Private

Airc raf t C rash Cases Tom H. Davis 160 8 Civil Trial Practice Seminars ..... 20th Mid-Year Meeting Proceedings

. . ..... 164 ...... . .... 165

REGULAR FEATURES

Cover Story: Senator John L. McClellan .... . .......... 121 President's Report ........ . . . . . . . Henry Woods 103 Juris Dic tum .. . ... C. R. Huie 108 Oyez-Oyez . .. .. . . ........ . ... B. Ghormley 106 Executive Council Notes .... . . ... . . . . James M. Moody 107 Lawyer 's Mart ................ . ................... 163 Service Directory. .. • ...... . . . . . .. 107 In Memoriam ... . ........ . ... 176

Published bl-monthly by the Ark ansas Bar ASSOciation, 408 Donaghey Bldg ., lill ie ROCk. Arkansas 72201 . Second class postage paid at lillIe ROCk . Arkan sas . SubsCriptlOn price to non-members 0 1 the Arkansas Bar Association $6.00 per year and to members $2 .00 per year included In

annual dues. Any opinion expressed herein is that 01 the au thor. and not necessarily that 01 the Arkansas Bar ASSOCiation. The Arkansas lawyer. or the EditOrial Committee Contributions to the Arkansas lawyer are welcome and should be sent In

two copies to the Arkansas Bar Center. 408 Donaghey Bldg .. Little ROCk. Ark ansas 72201

All inquIries regarding advertising should be sent to AdvertiSin g Department. Arkan_ sas lawyer. Post Ollice Box 41 17. North llltie Rock . Arkansas 72116.

101


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102

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MAY, 1973

The 1973 Annual Meeting will dispense with politicians and concern itself enti rely with the law and lawyers. The legal areas to be explored are those "where the action is " - Environmental Law , Commercial Law Class Actions, Tort Law , and Criminal Law . We are bringing you literally the top men in these fields . For instance in the Friday afternoon seminar on Criminal Law moderated by Professor Ray Guzman, there will be Tom Foran , who prosecuted the "Chicago Seven," and Henry Rothblatt , probably the most famous criminal lawyer on the eastern seaboard and counsel for four of the Watergate defendants .

The Tort program on Thursday afternoon will be moderated by Bob Leflar, from whom most of us learned our tort law, and will fea ture the incomparable Moe Levine, the trial lawyer extraordinary and au thor of the chapter on Closing Argumen ts in Am . Jur. "Trials" besides articles and books too numerous to men tion . Moe's coun terpart will be Richard Davis of Dallas , a rising young Texas trial lawyer who specializes in the defense of product and aviation cases .

Commercial Law Class Actions are beginning to dominate the legal scene in many parts of the coun try. No one has achieved more success in the field than Jack Fuchsberg , who won the mul ti-million dollar se tt lemen t

THE ARKANSAS LAWYER

BIPOlT By Henry Woods

75th ANNUAL MEETING PROGRAM INTRODUCTION

against the New York hotels for overcharges. On the defense side we will have the brilliant young Houston lawyer , Steve Sussman, product of Yale and law clerk to the late Justice Hugo Black . The moderator on the Friday morning session will be Phil Anderson of Little Rock .

Jim Jeans , our panelist on Environmental Law , gave up a career as one of the leading trial lawyers in the midwest to teach at his alma mater. He has become a specialist in environmental law, a status also enjoyed by the able young Mississippian , Hunter Gholson of Columbus, who will be his co-panelist. Richard Arnold of Texarkana will moderate this program on Thursday morning.

Our other speakers are just as distinguished. The banquet speaker will be Tom Lamber t, Rhodes Scholar, Chief Assistant to Justice Jackson at the Nuremberg Trials (he presen ted the case against Martin Borman) , protege of Oean Roscoe Pound, and Editor Emeritus of the American Trial Lawyers Journal. Mr. Lambert is considered by many to be the finest speaker in the United States .

Our Thursday noon speech will be perhaps the timeliest of the convent ion . Judge Robert Van Pell will discuss the new Federal Rules of Evidence, that are scheduled to go into effect on July 1, 1973. He served on

the Supreme Court Committee that drafted the rules and is recognized as the leading authority in the country on the taw of evidence as apptied in the Federal Courts. Our Friday speaker will be Francis Hare, undoubtedly one of the four or five finest trial lawyers in the country. Francis, a past president of the Alabama Bar and the Internalional Academy of Trial Lawyers, represented "Bear" Bryant in his libel suit against Saturday Evening Post.

The entertainment will be superb. Griffin Smith has agreed to present a brand new Gridiron show (the first ever to premiere at Hot Springs and the first in a non-political year). Music for the Friday barbeque will be presented by the Arkansas Symphony's German Band and for the dance by " The Common Good." Highlight of the ladies' entertainment will be a champagne brunch featuring historic Arkansas bridal gowns of the last 100 years .

The Annual Meeting at Hot Springs will bring together more legal talent than has ever been assembled under one roof in the history of Arkansas . These men are superb speakers and great personalities . You will never forgive yourself if you miss the program.

i/-....

Turn page for photos

103

75th ANNUAL MEETING • • •

THOMAS A. FORAN " CHICAGO SEVEN" PROSECUTOR

THOMAS F. LAMBERT, JR. FINEST SPEAKER IN U.S.A.

104

HENRY B. ROTHBLATT " WATERGATE" COUNSEL

JUDGE ROBERT VAN PELT " NEW FEDERAL RULES OF EVIDENCE"

MOE LEVINE TRIAL LAWYER EXTRAORDINARY

FRANCIS H. HARE " THE ROLE OF THE TRIAL LAWYER"

MAY, 1973

JUNE 6-9, 1973 . ARLINGTON HOTEL • • HOT SPRINGS, ARKANSAS

W. RICHARD DAVIS PRODUCT AND AVIATION CASES

PROFESSOR JAMES JEANS TWO TREMENDOUS CAREERS

TH E ARKANSAS LAWYER

JACOB D. FUCHS BERG CLASS ACTION SPECIALIST

HUNTER A. GHOLSON ENVIRONMENTAL LAW SPECIALIST

STEPHEN D. SUSSMAN BRILLIANT HOUSTON LAWYER

DEAN ROBERT A. LEFLAR MASTER OF TORT LAW

105

By ll . Ghormley

(Editor's Note : - It is with regret that we note this OYEZ-OYEZ! wiff be the last column authored by Barbara Ghormley, our Membership Secretary for some 7 years . Barbara has resigned to accept another position -at higher pay and closer to her home. We all wish her the very best - in all things .)

Sam Perroni is the new President of the Studen t Bar Association at the Li tt le Rock Division of the Un ivers ity of Arkansas Law Schoo l. James A. Ross , Mon ticell o, was named in March by Gov. Bumpers to serve as Special Chief Justice of a special court to try two cases. Gordon F. Engeler, Jr., Moun tain Home, has been appo in ted by Chesterfield Smith, incoming Presiden t of the America n Bar Association, to serve a one-year term on the Advisory Committee to the Standing Committee on Education . Denver L. Thornton , EI Dorado, in March rece ived a direct commission as Captain . USAR, Judge

106

.. Advocate General Corps. Richard S. Arnold, Texarkana, was apPoin ted in March by Gov. Bumpers to a 10-year term on the Board of Trustees of the Universi ty of Arkansas. Joe D. Woodward , Magnolia, has been appointed by Gov. Bumpers to the state Racing Commission fo r a term of 5 years. Larry Chandler, a member of the Magno lia Rotary Club, toured the southern half o f New Zealand on behalf of the club. Gene Rail was a guest speaker at the annual Awards Banquet of the Augusta Jaycees held in March . Circui t Judge Randall L. Williams , Pine Bluff, spoke to the West Pine Bluff Rotary Club during its March mee l ing . Harry Foltz is the legal aid atto rney for the Sebastain Coun ty Legal Aid Office which opened futltime in February. The North Pulaski Co unty Bar Associa t ion presen ted four historical American documen ts to the Non-Commissioned Officer 'S Leadersh ip School at the Air Force Base during its March graduation. B. Jeffery Pence is now associated w ith the Li tt le Rock law firm , Bailey, Trimble & Holt. John W. Parkerson, formerly associated wi th Lewis & Mi tchell , is now associated wi th Glover & Sanders of Hot Springs . Mark E. Woolsey, former Chairman of the Arkansas Workman 's Compensation Commissi on, is back in Ozark and has opened a law office on a parttime basis . The law firm of Lady, Webb & Johnson, Jonesboro, has opened a branch office in Trumann and Kelley W. Webb will practice in the Trumann office . Tom Hilburn, formerly with Ponder, Lingo & Hilburn , has established his own law office in the

Bridges Building , Walnut Ridge. Jim Mixon, formerly wi th the Arkansas Departmen t of Finance & Administrat ion , is now in private practice located at 1200 W. Park Drive, Sui te 308, Li tt le Rock . The law firm of Lester & Shults, Litlle Rock , is now associated with Thomas M. Bramhall, 801 Tower Building . David Pryor has opened a law office at 1102 Wor then Bank Building , Little Rock . The law firm of Davidson, Plastiras & Horne, Ltd., li ttle Rock , has announced that James T. Pitts has become associated wi th the firm and U. A. Gentry is Of Counsel. Fred H . Harrison is now associated wi th Thomas E. Downie at 810 Tower Building , Li tt le Rock . Judge John E. Miller, Fort Smith , has been chosen by the Sou thwestern Legal Foundation of Dallas to receive the Hatton W. Summers Award for 1973. Jean Woolfolk, little Rock , has been nominated as the next moderator of the 1.4 mjllion~member Christian Church (Disciples o f Christ). Thomas J. Bonner, Little Rock , has been elected President of Stebbins & Roberts, Inc. Eugene O'Danie., Jr., Little Rock , has been appointed an assistant United States attorney for the Eastern District of Arkansas. Paul C. Rawlings has been appOinted an administrative law judge in the Bureau of Hearings and Appeals of the Social Security Administration in Hattiesburg, Mississippi. William C. Brldgforth of Pint Bluff, has been elected to the Board of Directors of First Southern Service Corporation . The Student Bar Association of the University of Arkansas Law School at Little Rock has made Henry Woods an Honorary Member. Robert Branch of Paragould , a member of the Arkansas Bar Association Speakers Bureau , addressed the Jonesboro Lions Club on " The Importance of Executing a Will ", Another member of our Speakers Bureau , Mike Huckaby of Little Rock, addressed the Little Rock South Kiwanis ClUb.

MAY, 1973

The Arkansas Legislature recessed on April 5 but not before passage of 26 bills sponsored by the Bar Association. One of these bills, the creation of another position for Circuit Judge in the Fifth Judicial District , was vetoed by the governor and an effort to override his veto failed. One of the bills which passed to become Act 207 permits a charge of 7Sc on all cases for benefil of legal education and is critical to the continued successful operations of the two law schools. The Execu tive Council expresses its appreciation to each member of the Bar for your cooperation and assistance in contac t ing your respec tive legislators when called upon.

At its regular meeting in Li tt le Rock on March 17, President Henry Woods

EXECUTIVE COUNCIL NOTES By James M. Moody Secretary-Treasurer

reported to the Executive Council that he had raised an additional $21,000 for the Bar Center Fund Drive bu t that additional funds were needed to meet the presen t commitments. These additional funds can best be raised through contributions for memorials fo r prominent deceased lawyers whose names will be inscribed in red marble around a border of the lobby in the Bar Center. A contribution for each memorial is $1,000 and will be tax deductible.

A special committee comprised of all o f the members of the House of Delegates has been apPointed to contact possible contributors and will be calling on you soon for help.

The dale fo r the scheduled Mediterranean Adven tu re c ru ise has

been changed from October 5, 1973 to September 23, 1973.

Those lawyers recently passing the Bar examination were admitted to the Bar at an admission ceremony on April 16. Following the ceremony, there was a luncheon honoring the new admittees.

Sebastian Coun ty has au thorized an appropriation for apPointment of a full-time legal aid attorney . Harry Fol tz has received the appOintmen t and will main tain an office in the Sebastian County Law Library .

As of March 14, 1973, there were 1,709 active and current members of the Bar Association compared to 1,544 a year ago.

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107

The problem o f federal habeas corpus and the fInali ty of state criminal proceedings which has beset both state and federal Arkansas judges in recent years was the subject of an in depth discussion by Robert J. Martineau, Circuit Executive, U.S. Court o f Appeals for the Eigh th Circuit, at a recent meetmg of the Arkansas StateFederal JudiCial Council.

Mr . Martineau came to the Court of Appeals with an impressive backgroun d. He IS a native of Wisconsin , graduated from Holy Cross College in Worces ter, Massachuse tt s in 1956 and received his J .D. degree from the University of Chicago Law School in 1959. While in law schoo l he was associ ate editor o f the University of Chicago Law Review .

In 1959-60 he served as law clerk to Chief Judge Frederick W. Brune of the Maryland Court of Appeals . From 1960 unlit 1968 he practiced law in Maryland , first as an associate wi th a large firm in Bal ti more, then as an assistant attorney general of Maryland. and later as a par tner in a small firm In Westminster. Maryland. He served as c hairman o f the judiciary committee o f the Maryland Constitutional Convenllon Commission and was sec retary o f the 1967-68 Maryland Constitutiona l Convention.

In 1968 he was appointed as a professor o f law at the Universi ty o f Iowa and in 1971-72 was a visi t ing professor of law at New York University and Director of Appellate Court Studies for the Institute Of Judicial Administra tion. He assumed his persen t posi tion as Circui t Executive on September 1. 1972.

He has at variou s times been a vicepresiden t o f the Maryland State Bar Asso ci ation and a member of the Board of Directo rs o f the Amer ican Judicature SOC iety. He is presenlly a member o f the American Bar Association SpeCial Committee to obtain adoption of the Code of Judicial Conduct. He has writ ten extensively in the areas of state and local govern ment and judiCial administra tion.

108

JURIS DICTUM by C.R. HUi e

ExecutIve Secretary. Judicial Department

He presently resides in SI. Louis, Missouri w it h his wife and four children . II is his understanding that he is rela ted , allhough obscurely , to fo rmer Arkansas Governor and former federal district Judge John E. Martineau.

Me Martineau 's appearance before the Arkansas State-Federal judicial Counci l was obtained through the good offices of Honorable Pa t Mehaffy, Judge. U.S. Circui t Court of Appeals for the Eighth Circui t. Judge Mehaffy is vice-chairman of the Council , Chief Justice Carleton Harris is chairman .

Mr. Martineau's address should be of interest to all Arkansas lawyers , bu t primarily to circuit judges . prosecu ting attorneys and those attorneys engaged in the defense of criminal cases .

The firsl portion of Mr. Martineau 's address follows in this issue of The Arkansas Lawyer ; the second portion will appear in t he next issue.

Federal Habeas Corpus and Finality of Arkansas Criminal Proceedings

appreciate very much th e opportunity to speak to this gathering of the State and Federal Judges in Arkansas concerning the problem of Federal Habeas Corpus and the Final ity of State Criminal Proceed in gs . Th is problem is the one which, probably more than any other. brough t about the call fo r the creation o f StateFederal Judicial Councils In each o f the states . There is no doubt that the review o f stale crimmal convicllons by federal distric t Judges as a result o f habeas corpus petitions filed in the federal courts has done more to disturb traditional friendly relations between state and federal courts than any oth er single fac to r. My purpose here. o f course, is not to lay the blame fo r this problem o r to propose some new and starlling procedure o r theory to eliminate it. Others have done th is in the past and will do so agam. My funct ion here IS. rather. much more limited . 1\ IS to rev iew with you in a very brief form first. the federal standards and procedures which have been established by the Supreme Court and federal sta tute and which must be enforced by the federal district courts and courts of appeals in measuring the constitutional validity of state criminal convictions and second, what the courts of Arkansas can

do to ensura that their proceedings are no t the subjec t of eviden ti ary hearings in the federal courts. In other words, to suggest what can be done at the state level to eliminate insofar as is possib le the problem at the federal level.

In considering this topic it is interesting to note that the problem o f habeas corpus peti tio ns in the federal courts by slate prisoners is not new. In fac t, the language o f 28 U.S.C . Seclion 2254, the section applicable to habeas corpus peti tions by persons convicted in sl ate courts, was revised in 1948 to requ ire exhaustion of stat e remedies on the basis of a study by a committee headed by Ch ief Judge John Parker of the United States Court of Appeals for the Fourth Circuit in an effort to reduce the abuse of federal habeas corpus by state prisoners (see Parker, Limiting the Abuse of Habeas Corpus , 8 F.R.D. 171 (1948) ). The 1948 revision cou ld be effective , however, on ly if the sta tes had an adequate post-co nvict ion procedure . Bu l it was not until 1955 that the Commissioners on Unifo rm State Laws proposed a Uniform Post-Conviclion Procedure Ac t. Unfortunately. this Ac t was adopted by only four states. The resul t was the 1963 decisions by the Supreme Cou rt, Fay v. Noia, Town· send v . Sain , and Sanders v . United States (372 U.S. 391, 372 U.S. 293, 373 U.S. 1). Las! week in fac l was the ten th anniversary of the first two of these deCISi ons.

The Commissi on ers on Uniform Laws then prepared a revised Uniform Post-Conviclion Proc edure Act in 1965 and Congress in 1966 added additional language to Section 2254 10 incorporate much of Townsend v . Sain and to clarify when a federal court must ho ld an eviden tiary hearIng .

Stat is tics repor ted by the Direc to r o f the Adm inistrative Office of the U.S. Courts sh ow the effect of these changes in th e law. In 1961 , 1.020 habeas corpus petit ions by state Prisoners were filed in the district courts. By 1966 th is number increased to 5.339 and in 1970 reached its apex o f 9,063. In the last two years the number has fallen off to 8.372 in 1971 and 7,949 in 1972. Before anyone becomes to encouraged abou t this , however, i t sh ou ld also be noted th aI mandamus

Continued on page 109

MAY, 1973

Continued from page 108

and civil rights petitions by slate prisoners have been Increasing since 1970 from 2.749 in the year to 4.139 in 1972. The situation in Arkansas has not followed the nalional pallern in that allhough habeas corpus petitions increased dramalically form 1965 until 1970 (22 to 97). the 1972 figures show 106 petitions were filed . The mandamus and civi I rights petitions have increased even more dramatically than the national figures since 1970 with 11 petitions being filed in that year and 52 in 1972.

The decrease in the number of habeas corpus petitions by state prisoners nationally has been traced by others to the improvement of both trial and post-conviction procedures in many of the states. These improved procedures have in turn been traced to an acceptance by slate judges of the necessity for , if not the desirability of, complying with the requiremen ts of the Federal Constitution for a state criminal conviction as defined by the federal courts and the establishment of state procedures for considering complaints of slate prisoners that their convictions were unconstitulionally obtained .

The experience in Minnesota (Chief Justice Knutson , State Federal Relations in Minnesota, 50 F.R.D. 429 (1970)) . Missouri (Chief Justice Finch , Post Conviction Proceedings Under Missouri Supreme Court Rule 27 , 26, 50 F.R.D. 437 (1970)). and other states lends strong support to the proposition that the states can best preserve Ihe Inlegrlly of Ihe ludgments of thelf courts in criminal cases by. (1) a meticulous observance of the procedural rights of the accused at the original Irial . (2) the developmen l of a record to support this observance, (3) an effective procedure for a prisoner to challenge his conviction , and. (4) the making of an adequate record showing the fac tual bases for the rejeclion of a prisoner 's claim.

The best way to understand the Ihree 1963 cases. Nola, Townsend and Sander. , is to review briefly each case and its basic holdings. A far more extensive review has been made by Chief Judge Wltllam Becker of the Western District of Missouri in an article printed in 33 F.R.D. 452. I recommend it to you .

The Nola case inVOlved a petitioner who had been convic ted o f murder with a confession the sole evidence. Because he had not appealed from his original conviction. he was denied the right to press in the state court a poslconviction claim that his confession was coerced . The Supreme Court held Ihat:

THE ARKANSAS LAWYER

sl ate remedies ; (1) The principle tha t federal habeas corpus was not available to a state prisoner unless he had sought review of hiS conviction by cerlioran In the U.S. Supreme Court was overru led ;

(2) The conditioning of federal relief on the exhaustion o f slate remedies was limited 10 the exhaustion of those slate remedies currently available , not those that may have been available at some time in the past ;

(4) Noia. who did nol appeat because he did not wish to burden hiS family with the cost and because he was afraid If he were unsuccessful he migh t be re tned . convicted again , and sen tenced to death , was held not to have made an intelligent and understanding waiver of his fight to appeal and thus entilled to have his petition considered on the merits.

(3) A federal ludge has a timited discretion 10 deny relief 10 a pelitioner who has deliberately bypassed, and thereby forfeited, his

The case was compl1cated by the fact that it was conceded that Noia 's confession was coerced. and that hiS two codefendan ts had been released .

(to be continued)

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MAY, 197 3

By Per Curiam Order, dated April 30, 1973, the Arkansas Supreme Court has ordered thaI " The Clien t Security Fund be created , to be administered by a special c ommittee of the Slale Bar of Arkansas, for the purpose of protecting clients from losses caused by the dishonest conduct of members o f the S tate Bar of Arkansas."

The Court's Order fOllowed the Petil io n f i led by the Arkansas Bar Assoc ialion.

The C lien t Securi ty Fund Commi tt ee will be co mposed of five lawyers . one from each Con gressional Distric t and one from the Slate al large . The Committee wi ll be empowered to issue summanes and subpoenas : and is autho r ized 1o consider c laims for lo sses from defalcations occurring af ter the effeclive dale of the Order, provided the lawyer invo lved has been d isbarred o r suspended . o r has resigned from the practice o f law . All c laims must be re-

THE ARKANSAS LAWYER

CLIENT SECURITY FUND

Though holding larger trusts than al/ other vocations combined, and without security, the record of the legal profession in its fiduciary relations is of unexampled purity.

- CHAUNCEY M. DEPEW

THE ARKANSAS SUPREME COURT

ferred 10 the Commitl ee by the Commitlee on Professional Conduct.

The Clien t Security Fund Commit tee will have comple te discretion in determining the order and manner o f paymen t of claims . The maximum allowable is sel at $5000 per claim . Reimbursemen ts are a mailer of grace - not of righ t. A t least yearly reports will be provided to the Court.

The Arkansas Bar Associa tion, by vo luntary c ontribuli on from its members is co ntribu ti ng $10,000 to the Fund. An equal amount will be transferred from the surplus derived from the annual license fees of attorneys co llec ted from January 1, 1972. The Fund will be financed in fu ture years by $2 from each su ch fee paid . The Order is effeclive May 21 , 1973 in the absence o f sh ow ing o f good cause why it should not become final.

In a recen t address befo re the Arkansas Bar Associalion , Chairman J . Stanley Mull in of the ABA Commi tt ee

on Clien ts' Securi ty Fund c onc luded

1. A Clien ts ' Security Fund is not just a chari table o r eleemosynary ac t; i t is a step taken to assure our continued self-governance of our profession .

2. The number and amount of losses are small compared to the lol al num· ber of lawyers and the funds they handle. The act ual per lawyer c ost o f reimbursing clien l s for their losses is small.

3. If we assume this respo nsibili ty, the public will gain greater assurance in dealing with us, and hopefully our image may gain some of the luster Ihat we would like it to have .

Actu ally, the legal professio n is the only known group which provides protection to the publ ic in this manner -reimbursing clien ts as far as possible in those few cases in wh ich lawyers betray their trust and misappropriate funds.

111

Our Heritage • • • • Senator John L. McClellan

(Remarks at the Symposium '71 , Associated Students, University of Arkansas , Fayetteville. Arkansas.)

Democracy is nol easily defined . II can be as stern as a taskmaster, as lo lerant as a dot ing paren t, as indifferen t as the w ind , o r as exac t as a mathematical fo rmula. For democracy is the people. II is in tended to operate as a composite of their will and purpose.

Bo rn by a revo lution, America 's democracy was designed , through part ic ipato ry governmen t, to preven t the probabili ty of and the need fo r fu ture revo lu tions. Our democracy was fash ioned from the fear of tyranny and hardened in the cru ci ble of battle .

The quest of our founding fathers fo r l iberty and independen ce was co mpelling and ins p i red . Their w isd om was pro found and deep , and their fo resigh t was sweeping , indeed. The source o f that wisdom was their trust in Gad. Their fo resigh t sprang from their fai th in the individual and their respec t for the digni ty of man . They had fai th in man 's common sense ; in h is capac ity fo r compassion ; and in his sense of justice, du ty, and ded ication. They believed in man 's in dividual worth bot h to the state and to SOCie ty. Time and subsequen t even ts have vindica ted their judgemen t and generousl y rewarded their c rea tive ingenui ty.

The nalion th ey establ ished - our na tio n - qUIckly grew strong and prosperous. In the nearly 200 years o f it s ex isten ce , it has survived the tragedies o f war, the deprivatio ns o f depressi on. the virus of c ivil vio lence , and the attempts at subversion by WOUld -be anarchists and revo lutionaries.

We have su rvived all of that and fo rg ed ahead to a pre-eminen t positi on o f power and to an era of unpreceden ted affl uen ce. Bu t, we have no t ac hieved Uto pia , and we never will. Utopia is st ill locked in the book of fic t ion and beyond the achievemen t of man 's capabilities.

So, there has always been and there will always be room and need fo r improvemen t in our system and the challenge and du ty 10 make changes that improve and streng then it devolve upon each su cceed ing generation of Americans and their governmen tal offi c ials.

11 2

Ou t of these responsibili ties and bec ause o f the requiremen ts fo r national defense and sec urity, issues co nstan t ly arise thaI must be reso lved by the due processes o f legislative, adm inistrat ive, and judicial action. These issues and the problems assoc iated therew ith have greatly mul t iplied and intensified . They have inc reased pro po r tio nately to our populat ion growth , to the sc ien tific and tec hn o logical progress we have made, and to the economic streng th and mili tary postu re that we have attained .

When our governmen t was founded , it was largely a matter o f determining how man 's b asi c ind ividual l iber ties and the fundamen tal principles of just ice and democracy could best be established and preserved by Constitu tional Government. At l imes, it may appear that our Const itu tion is a simple document wh ich was easy to fo rmulate and one tha t sh ould be easy 10 in terpret. However, that just is not true.

Its adaptation and application to conditions arising out of our contemp o rary soci e ty , ec o nomic progress , and big government have complicated and made d ifficult i ls interpretation. Thus, there is the everincreas in g temptation to yield to the exped iency o f strained constru ction. Bu t, I do not believe that we can fo rsake the sp iri t and igno re the in ten t of ou r Const i tut ion, abandon it s fundamen tals, o r give it expedien t interpretations so as to accommodate so me transien t popular w ill o r to achieve immedi ately desired goals, however worthy they may be. Such pract ices, if long indulged , wou ld surely erode the very foundat ion of ou r governmen t and set adrift on tu rbulen t seas the ship o f state w ithout the sails and anchor that our Const itu tio n provides.

All of us who love Ameri ca, even to day ' s se veres t c r itics o f the establishmen t, are str iving for a better world . We are seeking to achieve a grandeur and a more meaningful destiny . I believe that we can best search out and seek the rewards of t ha t world by preserving the democratic processes and by holding fast and firm to th ose principles of

liberty and just ice that are enunciated in and vouc hsafed to us by the Const itution.

A democracy such as ours - a Republican fo rm o f governmen t - is not automatically secure or selfsustaining . The primary and ultimate source of power. as well as the du ty to main tain it , is reposed in the people themselves .

When the C o nstit u t io nal Convent ion finished its work and adjourned 180 years ago, Benjamin Franklin was asked , " Well , Mr . Franklin , what have we got?" His an swer w as, " You have a Republic , if yo u c an keep i t."


M A Y , 1973


I recall thai more Ihan 100 years ago Abraham Lincoln said, ", , ' if il (danger) ever reaches us it must spring up among us; it cannot come from abroad ," He further said, "If destruction be our lot we must ourselves be its author and finisher. As a nation of free men we must live, through all time or die by suicide!" Histo ry confirms that great nations are never conquered from the outside until they become corrupt and subverted from within .

Early in this century, President Theodore Roosevelt said : " .. . Americanism means the virtues of courage, honor, justice, truth , sincerity, and hardihood - the virtues that made America, The things that will destroy America are prosperity-at-any-price, peace-at-any-price, safety-first instead of duty-first, the love of soft living and the get-rich-quick theory of life," Surely we all recognize that many of these symptoms are present today.

THE ARKANSAS LAWYER

Problem.-I •• ua. No doubt there have been many

times when it seemed that the problems and issues confronting our nation were a complexity and gravity not theretofore experienced . That certainly seems true now. The multitude, magnitude, complexity, and gravity of the problems which challenge us today certainly appear to be more vexing , difficult, and threatening than they have been at most any other time in Ihe hislory of our Republic , They are certainly too numerous to mention, and the limited time available tonight will permil me to idenlify broadly only a few and to comment briefly upon those which I consider of greatest importance.

War and peace is now and in the foreseeable fu ture will continue to be Ihe gravest problem of all. There emanates from this problem the most vital and controversial issues of our time - one, how to end the unpopular war in Vietnam; two, how to avoid our becoming involved in future wars; and, three, whether our strong military posture is to be maintained or permitted to deteriorate.

I strongly support Ihe Presidenl's program of troop withdrawal in Vietnam and am hopeful that his announced schedule of withdrawal can be acceleraled , I also strongly supporl the StrategiC Arms Limitation Talks (SALT) that are now in progress in Vienna, We all want these lalks to be successful. However, past experience in negotiating with the Communists is not greatly encouraging . We can hope Ihat Ihe advantages and blessings of peace, contrasled with the horrors and tragedies of war, will ultimately become the dominant influence in the outcome of these negotiations.

In the meantime and until other great powers are willing to enter into a viable, concrete, and an enforceable arms limitation compact, I believe we have no alternative except to maintain a military posture of such strength and power as may be necessary to serve as a deterrent to would-be aggressors, In Ihe face of world dnagers today, we cannot and we must not unilaterally disarm and permit our nation to become mili tarily impotent as an international power.

Internal Security

The next major problem is that of internal securi ty. The issues stemming therefrom are how to prevent su bversion from within and how to protect society from the ravages of crime.

There are forces within our nation who would overthrow our government _ by force - if they could muster the

strength to do it. These elements usually give their alleginace to our potential enemies from without. They strive to create distrust and dissension among us and to exploit any grievances and protests arising out of controversial issues . They advocate and frequently indulge in violence to achieve their goals. They encourage disorders, arson, riots, and bombings. They seek to incite revolution. It is significant to note that some of the leaders of these forces, when apprehended and charged with serious crimes, have forfieted their bonds and are now fugitives in foreign countries.

The second aspect of our internal security problem is the spiraling increase of lawlessness throughout our land, During the decade of Ihe sixties, major crimes increased by 148 percent, and crimes violence rose by 130 percent.

Congress has taken cognizance of this mounting crime menace and within the past three years has enacted much remedial legislation - including the Omnibus Safe Streets and Crime Control Act of 1968 and subsequent amendments thereto and the Organized Crime Control Act of 1970,

As a result of these and other laws enacted by the Congress and by reason of increased efficiency and diligence of law enforcement officials, progress has been made in the war on crime. There are indications that the crime rate peek may have been reached, and that the number of major crimes being committed will soon begin to recede. These new laws have certainly provided our law enforcement agencies with urgently needed new tools and more effective weapons with which to combat the lawlwssness that prevades our land. Our citizens must be made safe in their homes, on the streets , and in their places of businessess. To have a great SOCiety, we must make it a safe SOCiety. Law enforcement - law and order - is imperative to our internal security.

Inllatlon-Dellclt Spending

Other problems are inflation and deficit spending . These two are largely linked togethe r and inseparable. Government deficit spending definitely has an intlationary impact on the economy. This contributes to the rapidly rising cost of goods and services. Those who must live on fixed incomes - the retiree , the pensioner, and the welfare client - suffer most from this sort of fiscal instability, They become helpless victims and are powerless to protect themselves against the depreCiation and erosion of their very limited dollar income.


113


The federal debt today is more than $400 billion. The estimated deficit this year will be some $20 billion. At this rate, by 1980, we will owe $600 billion or more. It is becomming imperative that we pursue sounder fiscal policies and get government financing under better control and in belter balance with expenditures. Somewhere - at some level - we will surely reach the limit or our national credit.

Pollution

And, finally, we have the problems of (1) pollution and (2) of overcrowding and deterioration in major metropolitan centers. Again , in many areas, these are also linked together and inseparable. For overcrowding is a serious contributing cause of po llution.

These problems must have immediate attention. During the past quarter of a century , 25 million people have left the farms and gone to the cities. Today, more than 70 percent of our population are living on only two percent of the land in the United States. This high concentration has resulted in increased pollution , critical p ro blems of housing and transportation, unhealthy living conditions, swo llen relief rolls, and increased

crime in many of our larger cities. Within the next half century, our

population will increase by another 100 million people. So , we must stop and reverse the trend of migration from our rural states into the already distressed metroploitan centers. To do this, I have introduced a bill, S. 10, which would establish a national policy to revitalize our rural regions by encouraging and aiding the decentra lization of future industrial growth and would thus effectuate a better balance distribution of our population and of economic opportunities .

I have also introduced another bill. S. 907 , which would authorize the several states to enter into interstate environment compacts . This will enab le those states having a common interest and pollution problem to work cooperative ly together to prevent future pollution in their areas and to clean up pollution which may now exist.

These problems of po llution and of congested and deteriorating cities, together with the others that I have identified and briefly discussed, do not permit of quick and easy solution . They are the continuing prime burdens and concern of government in this period of our nation's history.

Responslbfll ty

And, you - the studen ts of our colleges and universi t ies and of our high schools - who are now being given the franchise to vote, and properly so , must now share in the responsibility for their solution. You are now able to participate in the decision-making processes of our democratic system. You now have not on ly the duty to help solve these problems and to help resolve the critica l issues which confront us, but you a lso have the obligation to help preserve our Repub lican form of government and to help build a better America.

I know the issues are complex and our problems are great . They have magnified and multiplied . Some of them pose dangers that threaten our security and survival , but I do not despair. I have an abiding fai th in your - in you r aspi rations, dedication , and purpose - to strengthen our system, not to weaken it ; to improve it, not to impair it; and to maintain it, not to destroy it . Our nation and all that it embraces and all that it composes is your great heritage, and I have every confidence that you wi ll defend, strengthen, and preserve it.

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11 4

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ABA Standards for Criminal Justice Slated for West Publishing's Key Number System

The American Bar Association 's Standards for Criminal Justice will soon be incorporated into the Key Number System of West Publishing Company, SI. Pau l, Minn. , a leader in law book publishing. Citations of the Standards have already been included in West 's advance sheets, with the December 1, 1972, issue of Pacific Reporter.

Keith Mossman, Vinton , la., altorney, and chairman of ABA Section of Criminal Law , called incorporation of the Standards into the West advance sheets and Key Number System "a breakthrough in the nationwide program to implement the ABA Standards." The Criminal Law Section has responsibility for nationwide implementation of the Standards, which cover the entire trial process from arrest to post-conviction appeal. Chairman Mossman said the new services will increase citations of the Standards and expediate their inclusion into case law throughout the country.

The Key Number System is a crossreference which directs an attorney to all cases covering a particular topic or point of law. West has drawn up a cross-reference table citing each section of the 16 approved Standards to the American Digest Key Numbers. For each section of each Standard, the table will show the general topic and key number. For example, the content of Section 1. 1 of the ABA Standards Relating to Appellate Review of Sentences is categorized under the general topic of "Criminal Law," Key Numbers 993 and 1183. This cross-reference table will even tually be included in every Key Number digest volume, preceding the topic "Criminal Law," since that is the general subject matter of all the ABA Standards.

A cumulative tab le of all state appellate and federal court citing the ABA Standards is already being included in the advance sheets of each volume of the National Reporter System, which has seven regional weekly editions, and in the Federal Supplement. The table gives the citation to the National Reporting System for each case citing the Standards, but does not give the name of the case.

When the 17th and final volume of Standards - those Relating to the Urban Police FUnction - are approved.

THE ARKANSAS LAWYER

cititations of those will be included in the tables.

Mr. Mossman said incorporation of the Standards into the Key Number System will be "a public service of incalculable benefit to the nation's criminal justice system ... I am certain the continuing success of our implementation efforts will be greatly enhanced."

The nationwide implementation program has been the Criminal Law Secl ion 's major activity since given that

responsibility by the ABA Board of Governors in 1968. About 40 states are now involved in some facet of implementation activity. In some states, implementation will come through court rule; in others, through legislation; and in many, through a combination of the two.

So far , over 1,000 appellate court decisions have cited the Standards, according to Justice Wi ll iam H. Erickson, Colorado Supreme Court, immediate past chairman of the Section .

Your opponent's evidence. Are you entitled to it ? Discovery. For the IlIwyer ih 0 whole new bIIU gllmo. The rocent federlll rules chClnges hllve mllde ~ubs l llniial changes in discovery. To effllclivllly IIpply Ihe discovery r ... les. II modern. up.to-dllie guide;s invlliullble. No guide is as up.to.dllie on fllderlll rules pllrticulllrly the discovery rules liS Federlll Prectice end Procedure by Wriqht end Miller. SlIe for yourself. 6el full detoils. Write: West Publishing Co .. Archie C. Mclllren. Jr., Directors PIClIe. Suite 202, 3015 Directot! Row. Memphis. Tenn. 181]1 Phone: 901 458-9950

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LAW DAY~ MAY 1 .!!!llll!.

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QIuttrican ~pirit ®f l\ebercncr jfor JLaw

Abraham Lincoln spoke o ut o n Reverence for the Law. "Let this reveren ce for law be taught in schoo ls and written in almanacs" -a call reactivated by o ur Law Day celebrations. He continued- "Let it be preached from the pulpit , proclaimed in legislative halls, and enforced in CO urlS of justice ... And in short let it become the po litical religion of the nalio n."

Lincoln 's conception of the Rule o f Law as "political religion" is penetrating. OUTS is a pluralistic , diversified society. We turn away fro m any impetus to unity from a slate church , and rat her rejo ice in the right to diversity, in freedom of religio n and separation between church and state . We are a peo ple o f varied o rigins and each may take pride in his own ethnic and cultural link s. But each of us has a broad bond to o ur co un try and to society in the Rule of Law under which we live and work together - notwithstanding differences of views o r culture - each with his own perso nality and human dignity , each with the respo nsibility of respect ing the perso n of his fellows.

While o ur tensions and differences may drive us apart, there is glue that ho ld s us together in a commitment to the Law as a mean s of reso lving disputes . There may be disagreement with decisions, but in general there is agreement that the legal process is as fair as reaso n can contrive.

Three cardinal aspec ts o f the Rule o f Law merit emphasis in this time of reflection o n that institutio n and the strengths it furnishes o ur society. First is the in sistence o n regularity of procedure, o n the process that must be o bserved by society and government in relation to any o f its citizens. Second, is the insistence o n equality that o utlaws arbitrary o r invidio us discriminatio n. Third , is the assurance o f freed o ms and processes whereby changes in the law can be advoca ted and achieved in response to grievances and requirements o f the peo ple . These principles overlap and support each other : Taken together , they are impressive guardians of o ur ordered liberty .

-Judge Haro ld Leventhal

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John Stuart Mill said it best over 100 years ago: "A people may prefer a free governmenf, but if. from indolence or carelessness, or cowardice, or wane of public spirit, they are unequal to exertions necessary for preserving it .. they are unlikely long (0 enjoy it."

We must be conscious at all times that o ur precious liberty demands that we use our material resources , o ur God-given intelligence, and our education and talents to safeguard its values. to be worthy of its privileges. and to fulfill its responsibilities.

The law - the rights it secures and the protections it affords - is ou r most sacred heritage. Through its application and observance, and operating within its authority, we have been able to bring about all of the progress, all of the reforms, and all of the changes that have occurred since our government was founded - changes often sought and contested by men of different persuasion . ..... .

The right to dissent and to freedom of speech and assembly are basic to personal liberty, to human dignity, and to our system of government. These rights must never be abrogated o r abandoned; they must be preserved. But we must also understand that the willful misuse and abuse of these rights can only lead to their destruction. They are not a license to any person o r to any group of individua ls to violate and trespass upon the lawful rights of others or to endanger the safety o ur o ur society ... .. ..

Our Constitution provides adequate means and the due process necessary for making changes that may be needed. Those Constitutional processes should be followed, for their aband on:nent and the resort to unconstitutional or unlawful means to bring abo ut change , if long indulged, would erode the very foundations of our social order and o ur government and would be fatal to o ur liberties .•••••

-Senato r Jo hn L. McClellan

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-

NOTABLE CONTRIBUTION Senior Member N. J. Gantt, Jr. of Pine Bluff

has pledged $25,000 to the Bar Foundation. Mr. Gantt has been in active practice for seven (7) decades - having been admitted to the Bar in 1903.

His favorite quote is "The law - it has honored us, may we honor it" - Daniel Webster. Certainly, Mr. Gantt has honored the law during his long years of practice - his contribution to the Arkansas Bar Foundation is a fitting culmination for an outstanding legal career. We honor "Mr. Lawyer" Gantt.

NEW BAR CENTER The steel has been strung - the roof and

walls are underway - the completion date is still set for September, 1973. The adjacent Convention complex will be dedicated in September. The official dedication of the new Bar Center will be held in conjunction with the Mid-Year Meeting in January 1974.

FUND DRIVE Much of the success of the current Bar

Foundation Fund Drive is attributable directly to the efforts of Association President Henry Woods. The total new pledges now stand at $400,000 . Mr. Woods devoted 40 days at the Bar Center in a telephone campaign directed to Association members who had not been otherwise contacted. He raised $200,000 in this effort. It should be noted that , with the rising costs of building and furnishing the new Bar Center, the Bar Foundation would not now be in satisfac tory financial condition without this selfless effort of President Woods. It seems fitting to say, " All Hail to The Chief." In this connection , however, some 500 members have not as yet been contacted in the current fund drive. Their added contributions would ensure the success of the Foundation 's plans for scholarships and similar worthy purposes.

OTHER STALWARTS Foundation Chairman Edward Lester has been

the financial genius behind the financing of the new Bar Center. He has worked out the details for a loan of some $900,000 from Commonwealth Federal Savings and Loan Association .

MAY, 1973

Chairman-Elect Philip Anderson has also bee[1 concerned with the interior furnishings of the new Bar Center.

The beauty of the new Bar Center will reflect their efforts and tastes.

Sometimes overlooked in the glamor a,ld person-to-person contacts in managing most Bar Foundation projects is the handling of the annual financial records and reports . Mr. John L. Johnson has been successfully preparing the I.R.S. Reports and maintaining the " tax-exempt charitable organization " status of the Arkansas Bar Foundation with I.R.S. He is now representing the Foundation in efforts to obtain an exempt listing with respect to ad valorem taxes assessed by Pu laski County.

It should be noted that these Bar Foundation officials serve without remuneration. We salute them!

Build ing Chairman John Gill , along with members of his Commi ttee, has been the supervisor of the building plans with the architects, Cromwell , Neyland, Trumper, Millett & Gatchell , and with the Interior Decorator and Analyist Charles M. Mount of New York City.

THE MEMORIAL BORDER The magnificient, all glass enclosed lower

lobby at the Plaza level will be a fitting entrance to the new Arkansas Bar Center at Little Rock. The lobby's most striking feature will be the Memorial Border of beautiful red marble for honoring deceased prominent Attorneys-at-Law of the Arkansas Bar. Each such permanent memorial will be inscribed in marble on an area about 12 inches by 22 inches.

The Contribution for each memorial is $1000 and may be paid by relatives, friends, or associates of the deceased lawyer. Such tax-free con tributions are made to the Arkansas Bar Foundation and will pay for the marble and inscription wi th the balance being used for scholarships and other worthy purposes.

120

Law Day, USA -- -May 1, 1973

LAW DAY USA PROCLAMA TlON. Governor Dale Bumpers with his Law Day USA Proclamation for Arkansas and shaking hands with President Henry Woods of the Arkansas Bar Association. Colonel C. E. Ransick, the Association's Executive Director, and Justice George Rose Smith of the Arkansas Supreme Court look on.

THE EAGLE AWARD FOR LAW DAY CHAIRMEN of the large and the small Local Bar Associations in Arkansas with the most outstanding Law Day programs. Law Day Chairman Cyril E. Hollingsworth, Jr. and President Henry Woods of the Arkansas Bar AssocIation with the Eagle Award.

MAY, 1973

"Thanks to his efforts, the anticrime reco rd of th e Senate has been trul y outstanding. And it should be said that no Member of this body understands better and appreciates m o re the pro blem s of crim e than does Senato r M cClellan . A gain , I thank him on behalf of the Senate fo r his splendid leadership in this who le area."

Senate Majority L eader Mik e Man sfi eld

Mont. , December 17, 1970

Senator John L. McClellan wears the label of "Law and Ord er" d eservedly and well - thus it is particularly fittin g that this May 1973 issue of Th e Arkansas Lawyer is dedicated to the Senator and La w Day USA. Th ey go well together.

Th e o bjecti ves of Law Day USA are fo ur-fo ld:

( I ) To fos ter respect fo r law and understanding of its essential place in A m erican life;

(2) To enco urage citizen suppo rt of law o bservan ce and law enfo rcem ent;

(3) To ad vance equality and ju stice under law; and (4) To po int up th e contrast between freedom under law in th e

United States and governmental tyrann y under communism .

No li vin g American has don e m ore than Senator McClellan to ad van ce these worthy objectives. As the Senate's Chief Investigator fo r som e 20 years he faced up to the challenges of Communism , organized crim e and civil diso rd er. His anticrim e legislation and the n ew proposed Fed eral Criminal Co de are evidence of his reso lute battle for " law and o rder".

His boo k, "Crim e Witho ut Punishment ", is mandato ry reading for all co ncerned citizens.

His public service to th e United States and, in particular, to A rkan sas now spans six d ecades - a life , tho ugh beset with great personal tragedy, on e of hero ic proportions.

It is with great pleasure and pride that we here review his life of service.

Th e Arkansas L awyer

Senato r Jo hn L. M cClellan

12 1

122 MAY, 1973

l

SENATOR JOHN L. McCLELLAN

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• An outstanding Patriot, dedicated to the principles of the Republic of the United States; .

• Valorous in his defense of his Country and in his protection of the Rights and Liberties of his Countrymen;

• A man of integrity and courage who has assailed the battlements of communism and corruption wherever he found them and laid bare their insidious secrets;

• A leader by deeds, as well as by words, determined that the Citizens of his great Land shall be free from the evils and coercion and the perils of deceit.

-George Washington A ward of the Freedoms Foundation at Valley Forge

THE ARKANSAS LAWYER

/ (

, (

123

A February 25, 1896

Good Day For Arkansas

John Little McClellan - born Februar y 25, 1896 o n a farm just no rthwest of Sheridan , Co un ty Seat of Gran t County, Arkansas. His paren ts, Isaac and Belle McClellan , named him after Jo hn Little , o net im e Arkansas Governor and Congressman. Ike McClellan was described as "Sometime farmer, schoolteacher, co untry ed ito r, (o ngtim e lawyer and dabbler ill Democratic politics", Ike McClellan becam e a lawyer in 1907 and o pened up his law o ffice in Sheridan . Yo ung Jo hn travell ed with hi s father the loca l court circuit between Bento n, Sheridan and Malvern , County Seats of Saline, G rant and H o t Spring Counties.

In his book, "Crime Witho ut Punishm ent", published in 1962, Senato r McClellan describes his early days - "For several generations, my family in Arkan sas has largly been made up of working people. Until recent years they were mostly tenant farmers who were hard-pressed to make a livin g from poor and unproduclive soil. Wh en 1 was a boy, living near and part of the time in the little CO Wtl y seat town of Sheridan, my father was a part-time schoo lteacher and farmer. By sludying law at night , he passed the bar examinatio n and become an attorney when 1 was eleven years of age.

1 followed his example, and while working o n o ur farm 1 slUdied law under his direction.

Th ere were two in cidents in my boyhood that probably had a great deal to do with launching the lon g series of events that culminated in m y handling of the gavel durin g the life of the Senate Select Committee. Th e first was when my father, befo re he was admitted to the bar himself, had to hire a local attorney for twenty-five dollars to make a day's journey by frain to and from the co unty seat in an adjoining county to sell Ie a small timber claim against a sawmill compan y on behalf of my uncle 's estate. At the age of ten, 1 was astonished

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Ifthe first incident was alactor in m y decision to become a lawyer, the seco nd o ne similarly influenced the direction of the long journey that has taken m e from th e pin e forests of central Arkansas to the Capitol in Washington . Wh en I was eight years old my father took me to a po litical rally in Sheridan, where Governor Jeff Davis, seeking an unprecedented third term , addressed a cheerin g crowd of his partisans. I was so impressed by his rousing o ratory that I went home and made my own political speech . I had 11 0 platform and no audience. So 1 used the chopping block at the woodpile to speak from, and 1 stood sticks of stove wood on end before m e for m y listeners. I haran gued this make-believe audience with all the fervor that Jeff Davis had used the day before o n the real crowd in the co urt square at Sheridan . That day had sparked in me a political ambition. Some few months later, I wrote to the co ngressman of my district, John S. Little, for whom 1 was named, to teli him (hat I had picked some seventy-five pounds of ca tron in one day. My leiter also enthusiastically informed him of m y recently acquired embryonic political ambi tion. He replied most graciously, predicting that someday 1 wou ld go to Co ngress, From that day

1

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L. C. Wilson , Jr. Owner

Sheridan Arkansas MAY1._. Sheridan , Arkansas 72150

124 MAY, 1973

The Sheridan Days

17 Years Old

0 11 , I was a calldidate." Bo th Jeff D avis and McClellan's Grandfather James

McCle llan had the same philoso phy o f life , believing in "baptism by immersion. paying you r honest debts and saving yo ur OWl/ seed pow/oes", Simply stated , they were religous, in dustrious and upright with their neighbors.

"/ ha ve no doubt fhat ;11 the f uture yo u will reacl! hono r and distin ction as a cit izen and public man , bur to do this requires illdu stry and hard wo rk , and (m ho norable and upright life" - prophetic wo rd s fro m Co ngressman Little to Y oung John , 1904 .

PLOWBOY AT 17 ADMITTED TO BAR UNDER SPECIAL ACT OF LEGISLATURE - Arkansas Farm Lad is Yo ungest Lawyer in United States - these were the headlines of fro nt page of Part Two o f the Sunday SI. Lo uis POST-DISPATCH , April 13 , 1913 . The story became the famous "O ld Grey Mare" article in Senato r McClellan's ca reer - as the accompanying ca rtoo n showed him as a lad plowing behind an o ld mare with his law books and his dreams o f appearing in courl.

Hell) You. Courts Assure Justoee GRANT COUNTY

CHAMBER OF COMMERCE

At 17 , Jo hn McClellan made a special appeal to the Arkansas Legislature, which was in session , for a waiver of the 21 years of age requirement fo r adm ission to the Bar. Govern o r Futrell approved the bill when it reached him . Yo ung McClellan appeared before a special comminee of eight anorneys, several of them former judges. After full exa minati o n, they voted unanimo usly that he be admined to the Bar , and then they complimented him on his kn ow ledge o f the Law.

Just before standing the Bar examination, young Jo hn had assisted hi s father in the laner's successful cam paign for Co unty and Probate Judge of Grant Co unty.

Yo ung Jo hn practiced law with his father. In retrospect , Senato r McClellan has remarked , "Like La za rus, [ got the crumbs ". He learned the hard way.

In 1917 , at 2 1 yea rs of age, McClell an joined the Army for Wo rld War I and was sent to the Officers' Training School at Leon Springs, Texas , where he was commissioned a first lieutenant in the Infantry. He subsequently transferred to the Signal Corps' Aviatio n Section.

" The Army taug ht m e se lf-relian ce - it taught m e that when the chips were down th e re wasn 't anybody to depend on but mys e lf ' , * [t taught me to make up my own mind . * * * There com es a tim e when decisions have to be made. "

-John L. McClellan

21 Years Old

• ~~ .. 111111."' ............. THE WEST BEND

COMPANY LAW DAY.

" HELPING TO MAKE GRANT COUNTY A BETTER PLACE IN WHICH TO LIVE"

WESTBEND®

• SHERIDAN DIVISION 942-3111

MAY1._. Sheridan Arkansas Sheridan Arkansas

THE ARKANSAS LAWYER 125

The When McClell an returned fr om ser

vice in 19 19 , he just had to strike o ut o n his o wn . In Malvern , Co unty Seat o f Hot Spring County. he was able to buy a judge 's fo rmer law office fo r $450 .

"M y friendship with the Senato r is 0/ lon g duratio n. A s a to wheaded bo y in bibbed o veralls I so ld co ld drink s o n (h e Court House grounds, and J wo uld slip away from m y duties as an enterprising capitalist to see and admire m y fri end in aclio n in the Ho t Sprin g County Court Room . He was as vigoro us and unrelenting in his earlier days as he has ever been in the halls of Congress.

" My father , the lale 1. Elmo Youn g, was such a fri end of the Senato r 's, and o n e day when the Senato r was visiting him (durin g his terminal illn ess) the Senato r m entio ned to Fath er that he had purchased his first set of law books f ro m him . It seem s that the hooks had been the property of the late John C. Ross, fo rmer Circuit Ju dge, an d m y fa ther was actin g as the Executor of the Estate." - To m Ross Young, Sr. , Ma lvern .

H is aptitud e fo r trial wo rk soo n becam e apparent. He served as Malvern City Atto rney fro m 1920 to 1926. At 30 , he was elected prosecuting atto rney fo r the Seventh Judicial District, covering the three local co unties.

" Mu ch of what I kn o w about crim e and criminals and the nature of their min ds was learned fro m an o utstanding lawyer who f requently represented d efendants in cases that I prosecuted ill Arkansas. He was m y fa ther, Ju dge Isaac M cClellan . If a m an was arrested in h is co un ty fo r stealin g, assault, m oonshining, o r som e o ther crime, he was m o re than lik ely to have m y f ather defen d h im . That wo uld be a wise m ove, too; m y fat her was an excellent lawyer, an d m o reover, he possessed an almost un cann y knowledge and understan d in g of human nature. He perso nally kn ew the j uro rs of o ur rural area , th e ir weak n esses and th eir stren gths, their faults and their virtures, j ust as well as he kne w the occasional impetuo usn ess and 0 verzealo usness of his so n as a prosecuto r.

In o ne case again st m e m y father won

Malvern Move

POin t Cedar

1921 Law Offi ce

an acqu ittal. Naturally he was pleased with his som ewhat un expected victory, but when we ate dinn er together that night, he said to m e: ' Yo u lost that case, John , because yo u had not prepared well eno ugh - yo u loo k the defen d an t 's guilt fo r granted.' Two good

reasons fo r losing. A lesso n I never fo rgo t ". - Crime Witho ut Punishment , McCle llan .

He served as prosecuting attorney until 1930 , when he returned to private practice. He was a "good country law-yer.

BANK OF MAL VERN HOT SPRING COUNTY LUMBER CO.

126

" The Convenienl Bank "

Member F.D.I.C.

Malvern Arkansas

- Grady S. Grigsby, President-

Malvern Arkansas

MAY, 1973

Four years later , McClellan opened his campaign as a candidate for the U.S. Congress in the then 6th Congressional District o n July II, 1934 . His campaign theme was - "SECU RITY : For the Home! For Livelihood! For Old Age!" He was elected by a sweeping victory.

The Stuttgart "A rkansawyer" in an editorial dated April 20 , 1936, no ted that Congressman McClellan and Senator Caraway were working together to provide better flood protection alo ng the lower Arkansas.

John L. McClellan, while serving as Congressman , began his program for a National Flo o d Control Plan . (Democrat, March 16, 1937 .)

He was re-elected in 1936. His days in the House of Representatives were marked with his spirit of independence - he voted for the New Deal measures which he thought would help depression-ridden Arkansas and against others he considered too radical.

On November 10, 1937, then Congressman McClellan ma rr ied his present wife, Mrs. Norma Cheatham of North Carolina .

When in 19 38, McClellan decided to run for the U.S. Senate against the encumbent Hattie Caraway, he had to run againsl the New Deal forces . He ended up los ing by 10,000 votes and was in the hospital for two months with pernicious anemia.

However, on the positive side. McClellan had gained statewide exposure as a risi ng political figure. " I intended to run again for the Senate."McClellan .

The Congressman

Congressman John L. McClellan Photo Through Courtesy 0/ Ray N. Boyle

The M cClelians (1911): Grand/ather James, Father Issac, John and Son, Max .

WILSON BUICK CO. PETE RUDOLPH

Kelly Wilson , President Gurdon Arkansas

Malvern Arkansas

128 MAY, 1973

Call To Camden

"/ had just returned from 'he hospital and was sitting in my Malvern office, when the telephone rang . Judge Tom Gaughan of Camden was on (he phone and invited me to join his law fi,m as the /irm's trial lawyer." - McClellan .

This 'was quite an offer since Judge Gaughan had the reputation of being one of the area's o utstanding lawyers. The firm became known as Gaughan , McClellan and G a ughan and represented many corporate interests.

In Camden, the McC lelians lived in a beau t iful colonial home surrounded by

large oaks. Years later , a severe storm blew over so me of the trees. In a moment of frustrati o n , the McClellans sold the house. "It 's beautiful - I wish I st ill owned ;t." - McClellan .

In 1942, McClellan defeated three strong candidates for the Democratic nomination to the Senate .

On August 17, 1942, a home-co ming demo nstratio n for the new Senatorelect was held in Camden. Staff Correspondent of the Arkansas Gazette Jo hn L. Fletcher wrote - - -

John L. McClellan , Democratic nominee for the United States Senate, and Mrs. McClellan read the election return s in the first edi tion of the Arkansas Gazette early yesterday as three of their ch ildren look Of!. L eft to right, above, are John L. McClellan Jr ., 16; Jimmy, 15, and Mary Alice, II.

"A concentration oj Arkansas stafe and federal political leaders, the like of which may not have been seen in the state before, gathered here tonight (0

help John L. McClellan celebrate his homecoming as the Democratic nominee for the United States Senate .

Senator Hattie W. Caraway and six of the state 's seven congressmen joined hundreds oj the other visitors and home folks at the municipal auditorium tonight to do honor to the next junior senator fr om Arkansas."

McClellan met Senator Caraway at the train upon her arr ival from her Jonesboro home. "They shook hands co rdially and exchanged greetings -and then went to rhe McClellan home where she was a guest. " Her visit pointed up the fact that Senato r McClellan has usually been successful in his friendships with his opponents. As a sidelight, when Mrs. Caraway was defeated for re-electi o n , Senator McClellan was instrumental in getting her a federal position - which she held until her death.

At the homecoming celebration, Mrs. Caraway commented: " / think Ouachita county is to be congratulated all winning tllis eJection when everything was against you. / am so happy that / had some small part in helping win this fight. We need men of character today . We need men who are nor swayed by every wind alld we have one now in Mr. McClellan ."

A prayer in his homecoming speech gives a deep insight into his character -

'" pray God that , may face the duties and responsibilities of this oJfice with all humility. but with resolute determinacion and courage. / t is said that 'after crosses and losses, men gro w humbler and wiser.' Humble / am , humble / have been, humble I shall always be, for I know the doctrines of grace humble men without degrading them and exalt them wilhoUl inflating them. "

McClellan also singled o ut one congratulatory message from a friend , read ing - .

"Being a United States senator is a great honor in itself. but being a man worthy of lhe honor of serving in the United Stales Senate, is far more honorable. "

McCLELLAN FRIENDS

Camden Arkansas Texarkana Texas

THE ARKANSAS LAWYER '29

The Senator "Know ThyseU; Control Thyself, Deny Thyself"

"Senato r McClellan has rendered oUlsIanding service not only to the people 0/ A rkansas but also to the people of ' he Unites States. /n this day, when there seems to be some lack of confidence in many elected leaders -/oca/, Stale and Nat ional - there is in John McClellan o n t! elected leader , O llt! elected representative of the people, ill whom not only his colleagues bur also the people of the entire Nation have greal co nfiden ce" --Senator Harry F. Byrd , Virginia,

Before the U .S. Sen ale, March 19, 1971.

Senato r John McClellan has worked lo nger fo r Arkansas in the Senate than any o ther person in the State 's history - and is now the second highest ranking Dem ocrat in sen iority in the U.S. Senate.

Few men in the history of the Senate

130

of the United States have borne such haevy legislative responsibilities as Senator McClellan . He is current ly serving on a total of twenty-fo ur committees and subcommittees. He is assigned to three standing committees of the Senate: The Appro priations Committee, of which he is t.:hai rman; the G o vernment Operations Committee; and the Judiciary Comm ittee. His Subcommittee assigments number twenty-o ne, including three subcommittees o f whi ch he serves as chairman - Subco mmiltee o n Defense of the Appro priations Committee; and both the Subco mmittee o n Patents, Trademarks and Copyrights and the Subcommittee on Criminal Law and Procedures of the Judiciary Committee. Fo r 18 years, he was C ha irm an o f the Permanent Subcommittee o n investigatio ns of the Committee o n Government Operations. In add ition, Senator McClellan is a

member of the Joint Committee on the Red ucti on of Federal Expenditures and of the Joint Committee on the Budget. H e has also been named by his party to serve as a member of the Dem ocratic Steering Committee of the Senate .

"I' ve always been called a co nservati ve and I've never resented it . I did not become a Senator to transform the United Stares into a socialistic. paternalistic state" - McCle ll an in 1955 .

H owever, his reco rd shows him to be a progressive - working for better health care, higher social security benefits, greater ed ucational o ppo rtunities, veterans benefits, a cleaner environment, careful reso urce development in conservatio n, etc. - o r at least, a liberal conservative.

"To my mind, John M cClellan is the ideal legislator because of his industry. because of his in te lligence, because of his intellectual integrity, (md because of his unsurpassed moral and poUlical co urage. And, I am sure that all of you agree with m e in this summation of John McClellan 's qualities as a legislato r and the great services he has ren dered to our co untry." -

-Senator Sam J . Ervin, Jr . Presenting Senator McClellan with a

R eso lution prais ing his services as C hairman of the Senate Government

Operations Committee. "He is a gentlemall of tlte o ld schoo l

in tltis co untry. First, Itis word is as good as its uIteran ce. If there is ever any doubt about it he always gi ves the benefit oj the doubt to those he respects and assumes that they know beIter than he does, which is characteristic ofaflne American. Seco nd, I have " ever m el with an ything except the utmost trust and the most grac ious handling as a member of rhe co mmiflee fro m Senator McClellan . .. The least we can do, as we start a new Congress, is to co mmenl o n the graciousness, co urtly character and distinction of the chairman of the Committee on Go\'ern ment Opera-tions. "

-Senator Jacob K. Javits New York, before the U.S.

Senate, January 16, 1969

ROCKWELL Sheridan Arkansas

PAPER PLASTIC DUNNAGE, INC.

-Guard pack"I nflatable Disposable Dunnage"

Sheridan Arkansas

MAY, 1973

SENA TOR HARRY F. BYRD, JR. Virginia, before the Senale, March 19, 1971

T HE ARKANSAS LAWYER 131

The Senate's Chief Investigator

/" /955

"Senator M cClellan is o ne of the m OSI highly respected chairmen in the Sen ale. I have particular referen ce at chis po inl 10 his chairman ship of the Perman en I In ves(igacio ns Subcommittee of the Committee o n Go vern m ent Operatio ns. Thro ugh his services as chairman of chal subcommittee he has pro ved co be a relentless in vestigato r, co urageo us and absolutely fear less, bur at all times entirely objective and fair . He ;s a very just man , he is a compassionate man , but Q man 0/ stro ng co n victio ns; and he has always, in h is service in the Senate, pur the interest of the Nalion first and fo remost and th en the interest o/his native State . I think th is is the proper order of prio rity . He has n ever bee" purlisan where the interes ts of the Natio n ha ve been at stake. Yet he has always been cooperati ve and understandin g with the leadership, an d his wo rd has always been his bond. What he says he will do, he will do. He is a man of unshakeable integrity - depen dable , sin cere and ho n esl - an d he is h is own m an , in dependellt , altho ugh co nsiderate of the views of his co lleagues.

I wish to express m y personal gratitude to the senio r Sellalor from Arkansas fo r the leadership he has shown in the fiRh t agaill st crime, ill the fight against co rruptioll alld subversion and

Hot Springs

132

reva lwio n . He has been all in spiratio n 10 m e an d o lhers, I am sure, in the Sen ate. " -Senator Robert C. Byrd (W. Va.)

Before the U.S. Senate, March 19, 1971.

Sena to r Jo hn L. McClell an took over the Chairm anShip of the Senate Permanent Subco mmitt ee o n Investigatio ns in January of 1955 , as successo r to Sena to r Joseph R. McCarthy of Wisconsin.

" I 'm under Ihe gun o n this, bUI J'm nOI wo rried. Th e dUl y of Ihe subcom mitlee is clear. We've shaken up Ih e staff and we're go in g to go ahead and clean up the cases Ihal are hanging fir e. Th en we'll go after Ihe Ihings that need go in g aft er, no t just the Communists, who of co urse will remain a major concerti , but co rruplio ll and in effi ciency alld waSle alld the gen eral field of Gove fflm ent o perations that is our chief respo nsibility. We'll Ir y to do it witho ut sm earin g an ybody, and with a decent regard fo r the rights of Americ(m ci tizens and Ih e dignit y of the Senate." -McClellan, 1955.

The Senate Perm anent Subco mmittee o n Investigatio ns is authorized and directed by the United States Senate to o perat e within five areas o f jurisdiction with the respo nsibility to investigate and study: ( I ) was te and in efficiency in the executive branch of the Federal Gove rnment ; (2) impro per activities in the labo r o r management fields; (3 ) o rganized crim e in interstate co mmerce; (4) all o ther aspects of crime and lawlessness which have an impact upo n or affect the national health , welfare and safety ; (5) rio ts and civil diso rders. Altho ugh Senator McClellan 's 18 years as Chairman resulted in 107 separate investigatio ns which required public and exec utive hearings, the Subco mmittee has handled many mo re in quiries in which co rrective actio n and administrative changes and improvements were taken wi thin the Govern ment, in labo r o r management entities, o r in va rious pr ivate enterprises, with o ut need fo r fo rmal hearings.

" I wo uld like 10 say that I do no t believe an y Mem ber of the Senate f eels that an investigation wo uld be in an y

ARKANSAS BANK & TRUST CO.

firm er, j uster , or m o re equitable hands than those of the distinguished Senato r f ro m Arkan sas. We all kno w that the Senato r will be j udicious, thaI he will give the utmost co nsideration to every m ember 0/ Ihe committee - co the mqjo rityas well as the minority - and that th e committee will handle its respo nsibilities with complete fairn ess to the witn esses." -

Senator Edward M. Kennedy Mass., before the U.S.

Senate, August 11 , 1967 " On e of the m qjo r attribules of Sena

(o r M cClellan 's chairman ship of the Senate Permanent Subco mmittee on Investigat ions has been his willingn ess to un dertake in vesligalio ns that were highly unpopular in som e quarters. Th e inquiry into Ihe TFX aircraft is a case in po inl . In the fa ce of trem endo us adverse pressure f ro m th e ex ecucive bran ch of governmenl and f rom within the Senate, Senator M cClellan , exemplifyin g great perso nal f o rtitude and integrity, undertook the TFX inves tigatio n .

I kn o w of no invesligatio n in recent histo ry rhat has been co nducted under m o re ad verse co nditio n s. Th ose respo nsible f o r the TFX fiasco were determined to suppress the truth at all coslS. But if thest gentlemen ever really ho ped 10 succeed in o bstrucling the Subcommiuee 's wo rk, they sadly underestimat ed th e tenaci lY and reso urcefuln ess of its chairman , th e senio r Senato r f rom Arkan sas . . I have served with the able senio r Senator from Arkansas 0 11 the fuJI Governm ent Opera/io ns Co mmiltee «nd this subcommittee, except fo r a brief perio d when we were off the Subcommillee, fo r what will be 18 years o n January 3 . For 16 of the / 8 years he has served as chairman of the Permanent Sub com millee o n In vestigat io ns. All durin g that tim e, in cluding this particular 8-year in vesligat ion , the sen io r Senato r f ro m Arkan sas. in m y j udgm ent, has exemplifie d the restraint, the m oderatio n . and the o lher basic qualit ies Ihat spell the best in what one might call good j udicial temperam ent." -

Sena tor Henry M . Jackson, Wash., before Ihe U_S.

Senate, December 18, 1970

THE~ Arkansas

Edgar A. May Manager

Hot Springs Arkansas

MAY. 1973

THE ARKANSAS LAWYER

"J commend the able and distinguished senior Senator from Arkansas for the magnificent job he has done during this investigation . The Senato r has come to be known as

th e greatest r in Congress

in the Nation. our country a

vice in his the TFX and

THURMOND

133

Senator In Action

Member , Senate In vestigating Subco mmittee- 1951 Chairman, Senate In vestigating Committee-I962

With President Dwight D. Eisenhower With Secretary, D.O. D., Elliott Richardson

Arkansas Being Awarded SI ,788,OOO ill LEAA Funds-1971 In Conference On AMTRAK- 1972

134

JOHN O. BROWN SAWMILL CITIZENS NATIONAL BANK

Sheridan

Rt. 2 Box 17e 942·3888

Arkansas

"The bank wanting to serve you most"

-I. B. Fu ller, Jr. Arkade lphia

PresidentArkansas

MAY, 1973

The Senator Serving

With Robul F. Kennedy in /956

Briefing a Colleague

With Economic Development Administrator R . A . PodestQ • 1<.172

CITIZENS BANK

Jack Gibson, Pres ident

Tillar Arkansas

THE ARKANSAS LAWYER

With Deputy ~crela,y of the Army H. E. Haugerud. 1963

N.L.R. Post Office Dedication in /965

Ozark Dam Dedication, /969

S. M. DIXON Warren Arkansas

135

136

Ihe anti-crime has been truly And it should be Member of this body better and appreciates ,.jJro,,,ems of crime than McClellan Again, I tho!nk,:. behalf of the Senate 1Hl~~""mtlid leader-ship in this

SENATE MAJORITY LEADER MIKE MANSFIELD Mont., December 17, 1970

MAY, 1973

Anti-Crime Legislation The name John L. McClellan has

lo ng been syno nomo us wi th U.S. effo rts to co mbat crime , strengthen law en· fo rcement and refo rm the ad min istra· tion of cr imin a l j ustice. His unprece· dented achievements in thi s field have earn ed him Pres id ential accl aim and the last ing grat it ud e o f a Nat ion engaged in an unrel entin g war again st crime.

Most o f the majo r laws in America's crim e fighting arsenal bea r the stamp of Senato r McClellan 's lead ership , includ· ing:

The Omnibus Crime Co ntro l and Safe St reets Act of 1968 - a landmark sta tute to un ite and mob il ize all seg· ments o f the law enfo rcement co mmun· ity fo r an effective, joi nt attack aga inst the fo rces o f cr ime. Th is legislation created the Law Enfo rcement Assis· tance Administ ratio n which has d is· pen sed nearly $ 1.5 b ill ion in grants to up·grade local law enfo rcement activi· t ies and ove r 13 mill io n fo r mo re than 2 75 projects in Arkansas a lo ne.

The Organ ized Crime Co ntro l Act of 1970, which fo rmer Arto rney Gen eral Mitche ll call ed "one of the most im ag in a ti ve a nd c o mprehe ns ive proposa ls to combat o rganized crim e ever int roduced in the Congress." T his law is tak ing a heavy tol l amo ng the ranks of pro fessio na l cr im in als , and provides law enfo rcement autho rit ies wit h such essentia l an ti·c ri me too ls as specia l grand ju ries fo r investigati ng o rganized cr ime and gran ts o f immun · ity in exchange fo r vi ta l tes ti mony.

The Narco tic Add ict Rehabilitat io n Act of t 966, a milesto ne in o ur Na· tion's batt le agai nst d rug addict io n, which marked a turnin g po int in the Fed era l Governm en t's enfo rcemen t procedures and treatment of those whose drug depend ency have turn ed them fr o m a producti ve li fe to a life o f cr ime .

The Drug Abuse Office and T reat· menl Act of 197 1 which estab lished a Specia l Actio n Office fo r Drug Use Prevent io n in the White Ho use to de· velop a nd coo rdin ate a co mprehensive strategy to figh t il l ici t drug traffic.

tho usand s of pages o f testimo ny and hea r ing hund r eds o f witnesse s , McClell an'S pro posed rev isio ns have now been d rafted into bill fo rm and In· troduced in the new Co ngress. At 524 pages , this McC lell an measure is o ne o f the largest and most impo rtant pieces of legislation ever to co me befo re the Senate .

Senato r McClell an 's a r tic le , T he Challenge of a Modern Fede ral Cr im i· nal Code, published in the June 19 7 t issue o f the Ame r ican Bar Associatio n Journ al and his related speech o n March J 1, 1971 10 Ihe U.S. Senate. published in the Co ngressional Reco rd , Vo l. J 17, No. 33, are " must" readi ng fo r all.

His speech to the senate o n January J 2, 197 3, co ncerning S. l • Criminal Justice Codificatio n, Revis io n, and Refo rm Act o f 1973 , is repo rted in the Co ngressiona l Reco rd , Vo l. J 19 , No. 6 .

Senato r McC lell an's prodig io us rec · o rd and repu ta ti o n as a " Crime Fighter" has no t led him to rest o n h is laurels - he is car ryin g on.

" John McClellan's magnificent reco rd against crime an d violence can be equaled on ly by his efforts in behalf oj 'hose charged with rhe responsibilit y for apprehending crimi · nals - the pu blic safe ty officers - an d those who suffe r at the hands of the criminal - the innocen t \'Ictim. Ir was Sen ato r McClellan 's o utstandin g ad vo· cacy fhaf mad e possible today 's success· f ul acrio ll Of' th e victim aspect of crim e. It was Senato r McClellan 's leadership that has provided Ih e im petus fo r legislat ive rem edies across the entire f ront of crime issue. /n sharI . John McClellan deserves lhe deepest thanks of a grateful Senate. Fo r his achieve· ments in rh is fie ld he had not been sur· passed. Fo r h;s steadfas t dt.'vo tioll , he ;s un excelled. His alread y abulldanr rec· o rd has o nce again been enhan ced and the American people are on ce mo re in his debt. "-

SENATE MAJO RI TY LEA D ER M IK E M ANSF I EL D ,

Bdore the Senate, September 18 , 1972

The Senato r' s mo numenta l effo rts to Senato r McClellan shown meet ing with Allo rn ey Gen eral John N. Mitchell , crea te a new Federal Criminal Code - Health , Educatio n and Welfare Secretary £lIiO ft L. R ichardson an d Depu ty the first such co mprehensive refo rm Secretary of Defense David Packard prio r to rheir appearance before the Senator's that has been undertaken since 1970 - jo int subco mmittee hearin gs on pro posals to create an Exenll i\'e Office fo r mo unt· moved rapidl y fo rward . Afte r el ici ting ing a co ncerted effo rt again st drug abuse .

.------------------------.-------------------------~

L. W. CLARK, INC.

Lawrence W. Clark, Pres ident 352-2665

Fordyce Ark ansas

THE ARKANSAS LAWYER

D. J. BARNES LUMBER CO .

Rt. 1 352-7141

Fordyce Arkansas

137

McClellan-Kerr Arkansas

1962

Monument To The ManMcClellan ...

(Editor's Note: There are many impressive monuments to Senator John L. McClellan-e.g., his record as a crime fighter and Senate investigato r-bur the most filling of all is the McClellan-Kerr Arkansas River Navigation System . The System 's benefits will be enjoyed by gen erations of Americans to come. It is for this reaso n we have devoted these pages to the System . While we have not been able to recount all of the steps in the System's development, the following dedications teli (he story and also give us a fu rther insight into the Man-McClellan . " The Arkansas - Renaissance of a River" is an interesting booklet published by rhe U.S. Army Engineer District, Lillie Rock, Arkansas. We also are indebted to the Arkansas GaUlle for the use of the paper 's file on Senator McClellan.)

With its beginnings high in the Rocky Mountains of Colorado, the A rkansas River winds its way some 1,450 miles to the Miss issippi River.

Ri ve r boats pushed thei r way up the Arkansas in the 1820's, reach in g Liltle Rock and Fo rt Smi th in 1822. Early river boat captains were a cou rageous and adventuresome breed, as the very ex istence of a navigable channel depended upon the whims o f nature. Nature could turn the Arkansas River into a raging tor rent-in fac t , an 1872 repa n listed 11 7 steamboats lost on the ri ver. an d the report was not complete . The river trade n ourished until the 1880's. when seriously curt ailed by the co mple t io n of railroads . The Arkansas Ri ver with its catastrophic fl oods, bank e rosio n and va r ious o ther hazards. co ntinued to present the most se rious of chall enges

FIRST NATIONAL BANK

WARD SCHOOL BUS, INC.

138

C. W. Harper Presiden l

" More Than MoneyPeople Are Our Business"

Conway Arkansas

"Give me God 's blessing, health and friends, I'll do the rest ." - --

Dave H. Ward

Conway Arkansas

MAY, 1973

River Navigation System

PLAN SCA LII 0,. "ULE.

10 0 10 ZO SO <1 0 5 0 a HH ,

The develo pment of the Arkansas River fo r navigation , flo od contro l, hydroelectric power generatio n , and recreatio n is the largest civil works project ever und ertaken in the United States. Autho rized by the Congress in the River and Harbo r Act of July 24,1946, construction began in 195 7. In 1971, the Congress designated it as the McClellan-Kerr Arkansas River Navigation System .

Senator M cClellan has often commented o n the early vision of the noted Fo rt Smith Editor - the late Clarence Byrns - who foresaw the unprecedented o ppo rtunities for social, c ultura l and economic advancements which the development o f the great rive r would bring to the peo ple and State.

"/ live o n a bluff overlooking the Arkllnsas Ri ver bel ween Fort Smith and Van Buren. Sometimes / stand a ll my fronl porch and look forty-jive miles down the valley 10 Mount Magazin e, and dream. / see (WO phases of the river-what it is and what il can beco m e.

"/ see what it is and has been. / remember Ihal it overflowed its banks seventy times;n thirty years. / remember that droughts afflict o ur farms twice in every gro wing season.

" / rem ember that eight y milliml acre-feet of water flow down the Arkansas and the White and Red every year and on o ut of Arkansas, unused-a [reasure going to waste.

" / look again WId / see a paradise of plen ey in Arkan sas and Oklahoma. / see a greal flew market for the industries yo u have buill in the developed areas of the Valley. / see a growing populatio n, a growi'lg income, a growing capacity to produce for your children and mine.

"/ see great barge tows laking out our raw materials, wheat, oil, cann ed food, coal, timber, bauxite, rock, an infinite var-

L&D 5

PINE BLU FF

iety of finished products of industries we have established and shall or lo ng last attract.

"/ see other great barge loads coming up-river, bringing us al competili ve freight costs goods from all th e world-steel from the great u nlers, chemicals from the banks affhe in/WId waterways, automobiles, fa rm equipment, o il field supplies, fert ilizers.

"/ see a great area resto red to a competitive basis. / see our people coming back hom e. / see new people co ming to share in the develo pm ent of America's last great fronlier. / see incom e rising to natio nal levels o r above, full oppo rtunily to develop o ur basic resources-so it, water and the infinite capacities of the people. "-Edito r Byrn s

Senator McClell an had in 1943 introd uced a bill to deve lo p the Arkansas River Basin . Altho ugh President F . D. Roosevelt suppo rted the bill, wo rld conditions pro hibited autho rizatio n of this project until t 946. In 195 t , President Truman placed a "freeze" o n the funds for the Dardanelle Dam project because of the Ko rean War . Pres id ent Truma n subsequently end o rsed the project as "necessary to the defense effo rt. " In 1956, the Congress included mo ney in the an nu al appro priatio n bill 10 start the Dam , and overrode President Eisenhower 's veto. And the saga unfo lds . ..

ORMOND INSURANCE AGENCY,INC. LOVE SUPPL Y, INC.

" Morrilton 's Oldest Insurance Agency"

Ar thur V. Ormond Charles L. Ormond

Morrill ton Arkansas

Charles Love U. E. Love Earl Love

354-2407 Morrillton Arkansas


Beginning In

Go vern o r Faubus, Senato r McClellan , Congressman Trimble, Co lo n el Maynard

Arkansas

Dardanelle Dam Dedication. • • Overa ll co nstructio n of the Dardanell e Loc k. and Dam was

started in Jun e 195 7, and co mpleted nin e yea rs later in 1966. The total projec t cost was about $8 2 ,000 ,000 .

On May 13, 1966, the Dardanell e Lock and Dam was dedi cated befo re a crowd o f dignitar ies and interested c iti zen s. G overn o r Orva l E. Fauhus, Lt. G eneral Willi am F. Cassidy, Chi ef of Army Engin eers, Congressman James W. Trimble o f the Third Arkansas Distr ict, and Dardanelle busi nessma n Haro ld Snyd er participated in the ceremony. Senato r McCle ll an gave the principa l address o f the day.

" This is, indeed , a long awaited fo r, very special, and m ost significant occasio n. Today marks a mileston e that is beyo nd the half way d istan ce to co mpletion of o ur all-impo rtan t Arkansas Ri ver naviga tion and comprehensive water reso urces project. * * *

" Th is large multipurpose dam of co ncrete and steel, which has been laid and which no w stan ds across th is magnificent ri ver, is a lasting tes timo nial [ 0 the visio n , ingenuity, an d reso lve of the progressive and enterprising citizen ship of th is valley. It will remain here down thro ugh the vista of tim e as a mo nument of the unwavering fa ith , wisdo m , and perseveran ce of an enlighten ed and ded icated people.

" This dam - this key fac ility in the vast water way transportatio n system we are building - is quite sym bo lic. II is a sym bol of an area of m en 's dreams - of d reams that not only en visio n ed co n venien ces, advantages, and ben efits fo r the present but which also co ntemplated the needs, requirem ents, and welfa re of f uture generatio ns.

HeI~Youl ( ,()I.I'I~

AS~"' t· jushn'

LAW DAYjjjjjjjj MAY1._.

140

POPE COUNTY FRIENDS

Of

Jo hn L. McClellan

"It is a symbo l of greatness- oJgreatn ess of o ur nation , of its m ight and of its po wer, and of the skill an d competency of the Corps of Army Engin eers which plann ed an d built ie. * *

"It is a symbo l oJ the hopes and aspiratio ns of rhe m en who pioneered in th is great endeavo r - man y oj who m are no lo nger here. I am sure their spirit is with us today rejoicing with us in this wo nderful achievement. * * * *

"Dardan elle Dam is a represen tative symbo l of rhe entire project. * * * *

" But , we must rem ember that the complet ion of this multipurpo se navigalion project does no t bring to f ulfillment all of our aspiratio ns and d ream s. Primarily. its final co mplet io n will only brin g to us the multiple oppo rtunities that we seek to promo te eco nomic progress an d to enhance the prosperity and che welfare of o ur people.

" The use and advan tages of rhose o ppo rtunities must still be aggressively pursued and explo red iJ we are to reap the max im um ben efits Ihar are inheren t in and presenled by this A rkansas Ri ver Basin program . We canno t rest upo n o ur laurels - stand by an d do no thing.

" It is, Iherefo re, up 10 each co mmunity and to all of the peop le of the valley co llectively 10 activale enthusiastically and en erge tically these o ppo rtunit ies and co n vert their. potentials in to reality.

" I am confide nt we will do j ust that . If we do , then no section of this nat io n during the next decad e o r so will have a mo re substan tial eco no mic gro wth and a m o re sustain ed prosperity than we shall experien ce here in the Arkan sas R iver Valley."

Prescott

COMPLIMENTS OF

J. R. Bemis

Arkansas

MAY, 1973

Pine Bluff

---Pine Bluff Port Dedication ...

On September 13, 1969, Senator John L. McClellan made the principal address at the dedication ceremony of still another important public improvement in conjunction with the McClellan-Kerr Arkansas River Navigatio n System - the Pine Bluff Port and Harbor facility _ The Senato r remarked in part - - - -

"/ highly comm end and co ngrolulole the enterprising people of Pine Bluff for having provided this m ost modern and excellent shipping facilily. lis technological and service qualities certainly co mpare most favorably with the best at ocher inland water porls throughout the country. And, in view of this por' being located on a large slack water harbor, - an ad vantage n o l common 10 river ports - it can no doubt , be o perated wilh much grealer efficiency and economy.

"This porI and ilS rdared induslrial park is another Iestimonial to the civic and progressive spirit of th~ cililens of this community. Ie f urther demonstrates your vision and purpose to take full advantage of Ihe opportunities which Ihis river deve lopment afforls. Again, in this project, you have manifested your failh and your willingness 10 invest in the future prospects and developmen/ of our wonder state . ••••

"/ can say to yo u witho ut any reservation that no other city on this River - no other community in the Arkansas valley - has greater prospects o r beller o ppor/unities to grow and prosper industrically and economically. Pine Bluff is most advantageously located . Yo urs is the major Arkansas River port nearest to the Mississippi River and to the Gulf of Mexico, and as such , it becomes the foundalion link - the anchor link , so to speak - in the chain of ports that will serve navigatio n on the Arkansas. The multiple benefils thaI will flow to industry. farmers, and business will surely mean a

Iremendous boon to this seclion of the State." •••• I think the impressive industrial and uonomic gains Ark

ansas has made during the past len years are slrikingly significant and dire-clly relaled to our water resource programs. Due to tho se gains, the value of Arkansas' manufaclured products in that same period of time rose 108 p ercenl as compared 10 the nalional average rise of only 72 percenl. Per capita in come in Arkansas increased 80 percenl compared to the nalio nal average of 65 percent . During Ihe past four years, total payroll employment in creased 42 p ercenl in four of our major cities (Lillie Rock, North Lillie Rock, Pine Bluff and Fort Smith) against a national average rise of 29 percent . ••••

"Manufacturing capacity in the United States must con linually be enlarged and expanded in order to meet the needs of our increasing population and requirements of foreign markets. The ghettos, the slum areas, the polluted air and water, the housing shortage, and the congested transportation difficulties Ihat now prevail in praclically all metropolitan areas are compelling reasons for the decentralization of industry. Arkansas is destined to be one of the chief beneficiaries of thaI decentratizalion and expansion. We have the nalural resources, the water, Ihe climate, the labor, and other attraction s that presenl a persuasive inducement to astute manufacturers and in vestors. Many of them are already coming our way. Therefore, we can expect and must be prepared for an unprecedenled influx of new industry in the immediate years ahead."

A re lated note - -Senato r McClellan recently worked to convert the

bio logical warfare operatio ns at Pine Bluff Arsenal to the peace-time use as a Natio nal Center for T oxicological Research .

HelL) Your Courl'> ASSUre .AJShCe

LAW DAY.

BROWN MANUFACTUR I NG COMPANY

Sam L. Brown

PINE BLUFF TI RE & RUBBER COMPANY PINE BLUFF

ROBERTS BROTHERS TIRE SERVICE LITTLE ROCK

MAY1._. P i ne Blu ff - For dy c e - Sheridan Clarence, Gene, and Bi ll Roberts

THE A RKANSAS LAWYE R 141

The Arkansas River

... ". ... .. ... r T ~ ..

r Terry Dam Dedication • • •

To honor one of A r kansas' leading Congressmen who worked for the deve lopment of the McClellan-Kerr Arkansas River Navigation System during the days when it was only a vision , the structure was named in honor of former U .S. Representative David D . Terry of Little Rock (1881-1963), Terry served in the Congress from 1933 to 1942 . Ten years after he left Congress. Terry was still supporting the drive for funds before the House Appropriations Committee in 1952 .

On October 4. 1968. Senator McClellan "pinchhil" for President Johnson and gave the principal address at lhe dedication of the Terry Lock and Dam before some 5000 spectators. The Senator conc luded his dedicatory remarks by donning a hard hat and pressing a large button to symbolize the opening of the Arkansas River to navigation from the Mississippi to Little Rock.

Senator McClellan commented. in part - - -"This magnijicenl devt'/opmenr program again emphasiz.es

aud dramarizt's Ihe universal and l' verlasting value o/water as a vil(ll IIal/ira/ r('sourC(' u"cI as all indlspl'flsable requiremenf of all plallf, allimal, alld human lijt,. I f demonslrares on('(' more thar irlgl' lIuity of man in harnessinK and trallsforminK Ihe dl'strllcrive power of a mighty and turbulenf river inlo a conslruClil'e foret' for III(' r('d(mUlIion and protection of vaSf {lrt'as of agricultural lands. for IIil' supporl of economic and industrial development. jor thl' gnlt'ration of hydroelectric power. for irriglllioll {lnd (('en'alion. and for other bl'1lefjcial servin's 10 meel human fll'l'd.f. ** *'"

"Tllis illustrates to us in till' Arkansas Valley IIow extremely jortwllltl' we CIf(' to 11(1\'(' such WI immense quantity of gaud qualilY. dean waler . If we fUr/her develop and conSl' r\'(' 10 the I1wximum POlt'lt/ial our warer resources. flOlwithstand· ing Ihe treml,tldollS induslrial growth Ihar we anlicipole. il will surely be (motlier half century or maY(' bl'fort' we en· COWI/('r here in Arkansas any rt'al shortage itl quanlifY or

HelL) YOUI COUlIS Ass.Jre .,h;,rStoee

quality in our waler sltpply.** ** " In rhis agt' , we generally assaciale speed with modern

travt' l and transportation. Bur. all river trafji c. spe('(/ is not an impurtant factor nor does it nl'ed to be. There is a lmlg list of materials and commodities well sl1it('(/ for bargl' trafjic thai will produC(' tonnage in qtWnlifies for in excess of Ihe ultraconservative eslimate of 13 million Ions annually, the jigure used by Ihe Corps of Engineers and lite Co tigress in determining Ilu' benejit-cosf ratio which l'srablished Ihe economic justijic(lfion for Ihis program .****

"The introduclion of barge traffic 011 Ihe Arkansas River will jill a signijicant and long-exist ing transporlation gap in this valley. 8U1. comrary fa some misconceptions, the illauguration of barge traffic will nOI do injury to other modes of commerce. In fact. by reason of its inherent qualities of moving bulk commodities and raw materials (If

low cost , it will serve as cut economic stimulator which will rn/nUlld to the a<ivanruge of all other forms of trmlspor/alion.

"River rransportation aClua"y sustains and nourishes industrial expansion and product ion. The finished produ.ct thaI flows from such indusldes. tile increase in population. and fhe business activities which indusrry brings 10 a communilY greatly augment lite fn' iglit and cargo normally carried by railroads, truck lines, and air transportation . Thu.s , as a remIt, all forms of IranSpOrl(lfioll profitably share in the increased volume of commerce and in Ihe enhanced economy of Illm area.

"The completion of lhis Arkansas Ril-'er Development frogram will bring benejils and present a multirude of impressive opportunities roo numerous to mention. Those benejilS and opportunities are not just fallfOsies - flor JUSI figmenls of the imagil1arion they are real and getlUine. ****"

ARKANSAS PETROLEUM COUNCIL K. K. BISHOP - Herschel Parent, Director-

Li ttle Rock Arkansas

LAW DAY.., MAY 1 .!l!W1!. Litt le Rock Arkansas

142 MAY,1973

,

At Little Rock

Murray Dam Dedication ... Senator Jo hn L. McClel lan, in his dedication address for

the Jack C. Murray Lock and Dam at Litt le Rock on Ju ne 12 , 1971 , pointed up the benefits already apparent from the development of the Mc C le ll an-Ke rr Arkansas Ri ve r Navigation System, - -

" We are beginning (0 reverse lhe decades of migrotiorl which have caused our (owns 10 become deserted and our large cities and metropolitan centers [0 grow compacted.

"We are beginning 10 revitalize withering rural eco nom ies and to alleviate the diseconomies of conjesred urban areas.

"We are beginning to bring fresh opportunities (0 those des;ri ,lg work and a healthful environment ill which 10 live.

"We are beginning to effect a new socia-eco no mic balance between metropolitan needs and nOIl·metropolitan develop,ne'l t. "

The Lock and Dam at Lillie Rock is appro priatel y named for the late John C. Murray - Traffic Manager for the Little Rock C hamber of Commerce - who was Arkansas' outstanding expert on commerical t raffic. His concl usion to make Arkansas competitive with the rest of the Nation was to develop the Arkansas River In land Waterway. "H is vision, his faith, his enthusiasm, and his advocacy of th is program induced others to come to the same realizat ion and give their SUPPOrf to this project ".

Senator McClellan further commented - -"Arkansas' prominence as a tourist and recreational a/

traction lias been greatly enhan ced as a result of th is navigation system's invaluable by-producf - more lakes and park Icm ds. Already a sportsmen's paradise, tho usands of lIew visitors will come 10 o ur Slate each year to enjoy its very special vacation (md recreational pleasures. And even mort' important, generatiolls yet unborn will someday l'xperience the priceless jo ys of nature because of the rich legacy which ,his river development bestows."

Deve lo pm ent of recreat ional facilities o n the lak es formed at Little Rock by the Jac k C. Murray Lock and Dam and by the Dav id D. Terry Lock and Dam provides an addition of so me 800 ac reas to the recreat iona l acres of the Greater Liltie Rock vacin ity. Eigh t publ ic use areas wi ll be available on the two lakes.

One of the most modern overlook shelters in the Nation has been constructed on a hillside at a site overlook in g the Murry Lock and D am. Visitors are afforded a scenic view of boats and barges passing through the lock o n the rive r below . The bu ild ing, const ructed of native roc k. contai ns a permanent ex hibit depicting the development of the McCle ll anKerr Arkansas r iver Navigatio n System.

ELECTRI C COOPE R ATIVES OF ARKANSAS

VENABLE LUMBER COMPANY

Salute - Doyle Venab le, President-

Se nator McClellan North Little Rock Arkansas


DEDICATION McCLELLAN-KERR ARKANSAS

On June 5, 1971, President Richard M. Nixon dedicated the system at Catoosa, Oklahoma.

Hell) Yovr Coutts Assure Jushc:e

LAW ' DAY. MAY1._.

144

Bell- Bur rough-Uer ling & Brasuell

- Consulting Engineers, Inc.-Fort Smith Arkansas

"Biggest Bank on the Border"

first national bank of fort smith MEMBER FDIC

MAY. 1973

RIVER NAVIGATION SYSTEM

In accepting the Gold Commemo rative Medal of the Dedication of the System, Senator John L. McClellan spoke from these handwritten notes:-

'" " v".' .'.,r". ",-., .".,. j. , ~,,, ,

LAW DAY.

LARR Y CARTER CONSTRUCTION, INC.

MAY1 ,_ , Fort Smith Arkansas

THE ARKANSAS LAWYER

----_.

GARLAND COAL & MINING COMPANY

J. F. Porter, President E. S. Stephens, Vice-President

Fort Smith Arkansas

145

Camden Calls HIGHLAND IND USTRIAL PARK

- A CASE STU DY IN GROWTH & PROGRESS -

Hetp Your Cor.nIS Assutc ,).,slICC

LAW DAY. MAY1._.

146

HIGHLAND INDUSTRIAL PARK

- A Division of Highland Resou rces-

East Camden Arkansas Camden

The industrial park typifies the growth and develo pment which Senato r Jo hn L. McClellan works for in Arkansas. When the Camden Naval Ordin an ce Plant - The u ld Shumaker Naval Ammunitio n Depot - cl osed and 3000 peo ple were th rown o ut of work , the Senato r as Chairman of the Sen ate Committee o n Governm ent O perations bl ocked the sale of this pro perty for scrap and , with the aid of the Arkansas Congressional de legation . private industry, State and lo cal offica ls, saved it for indus tria l development.

Brown Engineering of Ho uston, Texas brought the o ld depot's bui ldings in 1961 and began the industrial park . The firm gave six buildings and 70 ac res o f land to Arkansas for a techni ca l instit ute and a po lice academy fo r trai n ing law enfo rcemen t o fficers .

On October 19 , 1967, an "a ll o ut ce lebrati o n " ho n o ring Senator McC lellan was held at Camden . He dedicated the stat e's then newest Technica l In stitut e in the Highland In · dustria l Park .

The Industrial Park no,", ho uses 20 companies, em pl oyin g marc than 2.500 people, with an an nua l payroll of S 15 million .

•

COMPLIMENTS OF

Mike Berg

Arkansas

MAY, 1973

Arkansas Destiny

Hampton Bridge Dedication ... In his speech at the dedication of the Wayne Hampton

Bridge on July 10, 1971, Senator John L. McClellan continued to pursue his theme of how imponant the McClellanKerr Arkansas River Navigatio n System is to all - - -

"We do nOl know what we of this generation may be remembered for , bUl l believe, in part, we in Arkansas will be remembered as deve/opers and builders. We are surely rhe developers of our mighty rivers and rheir entire drainage basins and builders of 'he co lossal locks and dams and barge canals as well as of (he imposing and necessary bridges, like this one, thal span our widened and deepened rivers. * * >I< *

"[ think we can say thaI in a very meaningful way this bridge - (his magnificent structure - is fypical of Arkansas ' growllt during the paSI few years. And, particularly it is symbolic of fhe progress our state is making by reason of the multipurpose development and the inaguration of navigation all lhe Arkansas River. * * * *

"The wasteful and destructive force of this heretofore wild and unruly River has now been turned into a construclive power for co nserv(llion , prodlictivity, and the enhanced welfare of our people. The harnessing and management of fhe flow of lhis fUrbulent stream through the stabi/ilarion of irs banks; fhe drt'dging and rechanneling of its co urse; Ihe creafion of new ports, harbors. Gnd industrial parks along its shores, the recreational opporrunifies that it presents; the abundance of low cost hydro electric power fhat it generates;

Help Your Coufrs Assure ..lJslc:e

and the barge transportation that it makes available, permitling us to ship cargo to all posts of the world - all of these factors - have transformed this River into a great and lasting (Isset of untold value. These vast improvements have eliminated the costly liabilities of flooding , erosion, and destruction which often occurred. * * * *

"We should now turn from the completion of the development of the main channel of the Arkansas River to further development of its tributaries and their drainage areas and likewise to the development of all major river basins in our state. This, I think, is a way fa insure our state's future growth, progress, and prosperity. * * * *

"Truly, Arkansas has a vital role to play in the future destiny of our nation. The people of Arkansas are determined to meet their responsibility and to play that significant role in our nation 's future by exercising the highest qualities of citizenship and by aggressively pursuing progressive and co nstructive programs - programs thai will insure the fulles! development of all of the material and human resources thaI we possess."

Pendlet o n is rough ly across from Arkansas Post - the o ldest white sett lement in Arkansas and the first capital of the Arkansas Territory. It is interesting to note that the I1rSl steamboat to enter the Arkansas River was the COMET, which left New Orleans on March 23, 1820 and arrived at Arkansas Post on March 31 sl.

LAW DAY.

D UMAS MOTOR COMPA NY J, W. PORTER LUMBER CO., INC.

MAY1._. Dumas

THE ARKANSAS LAWYER

Merle Peterson, President 382-4825

Arkansas DeWitt

C. P. Chaney, President

946-3511 Arkansas

147

148

The Environmentalist

o -

H. G. TO.LER & SON LUMBER COMPANY, INC.

The environment is a popular subject these days - but Senator John L. McClellan has been work ing for years to protect and better the environmenL

He is nationally recognized as a leader in water resources develupment and served as President of the Water Resources Congress for 10 years. In his address, as principal speaker before the National Rivers and Harbors Congress, o n March 19, 1970, the Senator expressed his concern in no uncerta in terms - - -

"Mall has abused and polluted many lakes. rivers and harbors by allowinK (linn 10 become cOf/laminated repOSitories for every conceivable kind 0/ waste and decay.

" Ind eed, willi respect 10 the abundant water resources with which our nation is so richly endowed, we fi nd thar, as a people, we have in some areas excerised the highest and beSl in \'ision and wisdom; and ill other areas, we have exhibited the worst in practice and habit.

"The 'best' is demonstrated by the marvelous multiplepurpose improvements we have made o n many of our major streams for flood control, hydroelectric power, recreation, irrigation , and navigarion. The 'worst' is evidenced by the reckless rleglecr and abuses that have contaminated and polluted our rivers and lakes, particularly in metropolitan areas, with waste, filth. al/d sewage which now stigmatizes so many of our congested industrial arid crowded eellters of population. "

The SenalOr has been the leading proponent for the plan to preserve some 70,000 acreas for fish and wildlife habitat in conjunction with the Cache River channel improvement project. In his arguments before the Senate Committee, he stated:

"Congress will have to take immediate action if these in comparable, irreplaceable rivers and wetlands in the Cache Basin are to survive. The unique and great ecological treasures found in this Basin not only belong to Arkansas. lhey belong 10 all Americans and for all generations to come. Stepl' must be laken now to insure the preservation of this priceless natural heritage. * '" '" *

" This expanded mitigation plan is the only hope a/preserving thew! timber lands. If this propulul il' not enacted and rht'se lands and easements acquired, will/in a few years the owners 0/ these lands will hm'e cleared them into cultivation. The only way (0 preverJl and srop lhis from being dOlle is to adopt and execute ,I/is mitigarion proposal. Otherwise, all pOlential fish and wildlif! habitats in the area will be permanently lost or destroyed."

Senator McClellan has worked to get millions for Arkansas from the USDA Soil Conservation Service for co nservation, watershed and nood prevention; from the USDA Forest Ser· vice for trees and land management; from the Department of the Interior for sport fisheries and wildlife se rvices: from the Federal Government for the national wildlife refuge to be established above the Felsenthal Dam site; and for many o ther related projects.

HERMAN WILSON

LUMBER CO.

Leola Arkansas Leola Arkansas

MAY. 1973

I .'

.., I m » :x>

" » z en » en .... » :;: -< m :x>

... (!J

"/ highly commend the senior Senator from Arkansas for his long and diligent search, inquiry, investigation, weighing, and evaluation of rhis troublesome problem in connection with our

The Senator has been ~, pain.staking, He has used his

with exactness and The Senator has been

, as always, and he has tndered a g"ar service to his

JOHN C. STENNIS

• 1967

150

Of The People

NY50N OIL COMPANY

Smackover Arka

COMMERCIAL BANK & TRUST CO.

"Community Builder" Monticello, Arkansas

MAY, 1973 I

I

I ~

The Philosopher

In May, 1966, Senator McClellan gave the dedication address for the new John L. McClellan Senior High School at Little Rock. Five years later, he returned to give the baccalureate address to the graduating class. Some of his personal phi losophy is reflected in his words, - - -

"Each of us by our thoughts and aclions is a sower o/seeds. We all have the opportunity and duty to God and to our fellowman to sow our seeds 0/ thoughts and deeds on "good ground" - on ground that will produce and yield fruit - rather than to cast them by th e wayside, among the thorns, or on stony ground where they will neither bear /ruit nor be productive.

"As individuals - as free agents - we each have a choice. Thus, to a very large degree, we each become Ihe architect 0/ our own destiny. If you are ambitious, industrious, and have worthy goals in life, you can most likely auain those goals. But , to do so, you must, 0/ course, choose wisely and be willing to pay the price that success requires. * * * *

"Time is a priceless asset, and we should not trifle with it. Often the misfortunes and failures that we observe in the lives of so many individuals can be directly altribUfed to the tragedy of misdirected energies and wasted years. Just as the waste or sq uandering of assets will bring a business enterprise to insolvency and bankrllplC:Y, so too will [he dissipation alld wasle of time bring Cl IIUm("1 life to unhappiness alld failuf(' .

"True happiness, in large part, is found in the joy oj working, itl the allaitlml'flf of goals, and in contribut ing with our deeds and services to worthy causes and objectives. As you cross 11i£, rhreshold 10 and incur the respo nsib /ities of maturity, you ellter the arena of human enterprise in a most

significant way. It is then that you begin to assume the responsibilities that a well ordered society in a democracy imposes on ilS citizens. * * * *

"Do not let patriotism - love of and duty 10 country -become of no concern to you and meaningless in your life. A democracy must have the loyalty and support of its citizens to survive. Without that loyalty and support, freedom in our land would perish . * * *

"Now, in closing, I should like to mention for your evaluatio n and consideration three ancient but sound, strengthening, and character-building philosophies.

"The first, 'Know Thysel!,' is of Greek origin. It is attributed to Thales, one oj Ihe seven wise men of Greece. Know yourself and appreciate and understand your limitations, of course, but also analyze and make a correct appraisal of your talents and capabilities, and then utilize them to the fullest.

"The second , 'Control Thyself,' is of Roman origin and expressed by Marcus Aurelius, thusly. 'Remember this, that there is a proper dignity and proportion to be observed in every act of life.' Self-control and sel/-discipline strengthen us in avoiding evil and in resisting temptation. Further, selfcontrol gives to us a sense ofpower and serenity from within .

"The third, 'Deny Thyself, ' is from the teach ings of Christ . Jesus said, '1/ any man will come after Me, lei him deny himself, and take up his cross and follow Me .' A lIfe a/service to God and country and to yo ur fellow man will involve sacrifice, but it will also be inspirational, productive, and grati/ying . * * * *

"Go forth, remembering that Jesus said, 'Let him who would be greatest among you be the servant of all. '''.

ME R CHANTS & PLANTERS BANK & T R UST CO.

THE CITIZENS OF WEST HELENA Sa/ute

Senator John L. McClellan

THE ARKANSAS LAWYER

Stone, PresidentArkansas

Jesse Porter Turk Corder Doug Simmons James P. Baker

Gene Schieffler

151

HONORS

Arkansas' Most The honors an d award s bestowed u n SenalO r John L.

M cC le llan a re leg io n - and prestigious -

• Spec ial Merit Award of the Arkan sas Bar Foundation and the Arkansas Bar Association

• George Washington Award of the Freedoms Fo undati o n at Vall ey Forge

• Great Living American Award of the U.S. C hamber of Com merce

• Halt o n IJ . Sumner s Award o f the Southwestern Lega l Fllundali(ln

• Furtherance of Justi ce Award or the National District Attorneys Association

• George Wash ington Award of the Am erican GO(ld Guvern III en I So c ie ty

• COlllmendat ion of the Un it ed St ates Se nate

• Grand Lo dge Meda l o f H o no r • T ypifying these honors is the R eso luti on un aninwus ly

passed by the Arkansas Legislat urt: in 1971, recognizing Senator McCle llan for "his many yeaf.\' ofdevo(ed public ser -

Illustrious Son vice 10 Ihe State of Arkansas and to Ihis Nation as a member of the Co ngress of Ille United States and for his unwavering s/alld iI/ dl,/ellse of freedom and demo cracy. his patriolism GlIlI loyalty. and for his vigorous and co n stant efforts to com hal crime and forces of corruption. subversion . and rn'o lurion in America ."

• Acco mpanying the Reso lutio n , a p laque was presented al a Jo int Session o f the Arkan sas Legislature to the Senator, read ing - -

" To SenalOr Jo hn L. M cClell<m in appreci(llio n for his ma" y years of dt'dicated and public servi ce 10 (//(, people of Arkallsas anti America. For his efforts in building Arkan sas and cre(llillg economic oppo rtunities. For his aggressive efforfJ 10 present' law and orda and fo r his steadfast ('0 111 -

milmefl( to the principles and ideals ofdel1l ocracy. Presenled in dl' ('p grmirud(' f rom Ille 68111 Gnleral A ssembly a/the Stale of Arkansas Ofl the 26th day of February. 1971 . "

" N e is Arkansas ' M ost IlIu slrio l(s 5011." - Resolut io n of Tribute and Honor . Ame rica n Good Government Society.

Help Your Courts Assure JushCe

LAW DAY.

J. S. & J. S. BEEBE, JR. OIL

ACCOUNT

MAC FARLANE COMPANY

-James H. Nobles. Jr.Managing Partner

MAY1._.

152

P.O. Box 1551 EI Dorado

862-1318 Arkansas 204 Armstrong Bldg .

EI Dorado 863-6060 Arkansas

MAY. 1973

, ,

~ I ,


Arkansas' Strong Voice

John L. McClellan has worked longer - for Arkansas - in the United States Senate than any other perS(ln in the State's history .

During his 30 years in the Senate. he has provided the leadership necessary to guide through major constructive legislation of vital importance 10 the Nation and to Arkansas. His efforts for crime control. river and harbor improvement and beltcr government management are well known . In addition. his major concerns have in c luded legislation for greater job opportunities. income tax relief, beneficial dispoSition of surplus property. aid (Dr farmers and rural residents. voting rights for 18 year nlds. and many (lthcr . illlportant areas.

During the first week's sessi ll n u f the new Cungress in 1972, Senator McClellan introduced 10 bills - -

- Tn revise the federal criminal code. the firs t such comprehensive ref(lrm thai has been undertaken since 1970.

- To provide Congressional consent lor states to enter inlO intrastate environmental compacts. and thus Jointly attack their mutual problems of pollution .

- To establish a national policy for revitalizing rural areas and promoting econ o mic gro wth in o ther economically deslressed areas.

- To grant federal consent to the Arkansas River Basin Compact, signed earlier by Arkansas and Oklahoma .

- To provide civil remedies to victims of racketeering, vi o lence and lht!ft.

- To provide compensation to public safety officers victimized by crime and to their survivors.

- To provide a special bonus for members of the armed forces held as prisoners of war during the Vietnam era.

- Authorizing the preservation of a 70,000 acre fish and wildlife habitat in the Cache River Basin.

- Authorizing construction of a highway bridge over Lake Norfolk.

- Authorizing a feasibility study of a north-south interstate highway through Arkansas.

John Litlle McClellan has fulfilled the 1904 prophecy and challenge of his namesake Congressman John Little - ." halte no doubt ,hat in the future you will reach honor and distin ction as a citizen and public man, bur to do this requires industry and hard work, (lnd WI honorable and upright life , "

Help YOUI CowlS Assul(' JustICe

LAW DAY.

~ ELK HORN BANK

"~~:'.'·t'" & TR~s~!eC1~~,~ANY w. B. de YAMBERT INTERESTS John S. Currie

~, A. C, Stone, President

MAY1._. Arkansas

William S. de Yam bert Wilmot Arkansas

Arkadelphia __________________ -L _ _______________________ ~

154 MAY, 1973

The Senator 's standard offaithful service and responsible leadership is also our standard . . . . .

FIRST FEDERAL SAVINGS & LOAN ASSOCIATION "Where you save does make a difference"

P.O. Box 160, 332-523 1 Malvern A rkansas

156 MAY, 1973

r

Admissions Ceremony . • • April 16, 1973

The serious moment for 55 new members of the Arkansas 8ar.

Harris Woods Hatfield ralley

Congratulations from Chief Justice Carleton Harris of the Arkansas Supreme Court, President Henry Woods of the Arkansas Bar Association, Chairman Richard Hatfield of Its Young Lawyers Section, and American Bar Association Representative Neva Talley .


LAW DAY USA

THE JUDGE SPEAKS

"Today we arc celebrating Law Day U.S.A. And we have good cause for ce lebrat ion because we arc the beneficiaries of the richest heritage (If individu;)1 liberty under law in Ihe hi sto ry of civi lized peoples.

By Pres id ential proclamation. and joint resolution of the Congress. the nalion has sct aside a "day" 10 recognize the place of law. and the co urt s. in American life. It is appropriate that this be done .

What is the Law? First. let me tel l you what the law is npt. The law is not , in and IIf itself. a panacea for all s(lcial and economic ill s. We cannot change human tlf social c(lndilions by merel y passing laws - we have to change the ctlndiliollS which c realed them.

Neither is the law a magic wand. The fact that we have a law pro hibiting acts of c rime dDes not stop people from committing acts against the public welfare . Unless the law exists in the hearts of our citizens, it does not ex ist at all for practi. cal purposes.

Benja min Franklin was well aware of this. Let me repeat the much recDunted story about him. After the bitler debates and lo ng arguments at the Constitutional Convention had been concluded, Dr. Franklin was being carried from the convention hall to his home in a portable chair. AI(lng the way he was Slopped by a woman who inquired. ·'Dr. Franklin, is it fini shed?" His reply was, "Yes. Mad amc, il is finished." She then asked. "Will it w(lrkT To this question he replied. "That , M adame. is up III you."

Perhaps Dr . Samuel Johns(ln has bcst defined what the law is . H e said. "The law is the last result of human wisdom acting upon human experience for the public g(lod."

Law, then. is the intangible force thaI makes freedlllll and

158

progress possible, it is the b reath and blood of democracy. It is the law thaI brings orde r into the affairs of men and permits the growth and deve lopment of enterprises large and small. It is the cement that holds our free socie ty together.

The law, though not perfect, is the finest mechanism ye t devised by man to achieve the ideal o f equa l justice f(lr all men. Today in (lur cou nt ry the lea~t fortun,He among us enJOYs more equa l socia l justice, more protection of life. liberty and properly, and a greater opport uni ty ftlr persona l freedom, than has ever been provided the common man by any other system in recorded history .

Without the law, democracy cannot survive .

This court of law - representative of the vaSI judicial system of ou r state and nati on - is o ne o f the co rnersto nes o f our structure of government under law. The judges of {I ur co urt s, from the lowest 10 the highest , are subjec t to co ntro l only by law of the land. No American judge can be over ruled by any authority save that of a supe r ior court upon appeal duly taken under the law.

We in this Ctlurlwom - the j udge as presiding officer, the att(lrneys as officers of Ihe co ur t, and other c itizens as litigants or jUrtHS - share the profound responsibil ity of pre· serving. strengthening and passing (In to futu re gene rations our judicial system which takes great pains tll assure equal justice under la\\ to all who come before our courts.

Let each (If us here today. in his or her own way. rededicate ourselves to the ideals (If equality and justice under law in our relations \\ith each other and to encourage and fosler Ihal respect for law that is S(l vital hl the denwcratic way tlf life."

MAY, 1973

MAY 1,

THE SENATOR SPEAKS

As has been (urly said, "Justice delayed is justice denied ." The congested docket in man y ju ri sd ictions throughout the

land today prevents the "speedy trail" guaranteed to the acc used by the Const itution of the United States. However . un der the co nditio ns of lawlessness and defiance that prevail in America today. the inab ili ty or failure to procure a "speedy trail" produces a greater injustice and injury to society than it does to the accusted. The cr imin al often seeks post ponement and benefits from de lay. While out o n bail fo r a year, two years , o r mo re awaiting trail , the habitual and hardened criminal usually contin ues his nefario us activities with pro fit to himself and furt her damage to society. This conditio n has wo rsened considerab ly in the last few years. State and local courts are not alone in failing to meet the "speedy trail" guarantee of the Sixth Amendment of the Co nstitutio n -fede ral crimi nal proceedings are now taking twice as long as they did just 10 years ago.

1973

In anothe r area, I am inclined to ag ree with the Attorney Genera l who declared in a recent address that " ... the Hydra of excess proced ural isms, archai c fo rm a li sms, pretrial mOlil)ns. post-t rial mo tio ns. appea ls, postponem ents , continuances. (and) collateral attacks, . .. can have the effec t of d ragging justice 10 dea th and stealing the very life out of the law." He furt her sa id that to day " We face ... a sit uati o n where the discovery of guilt or innocence as a fun ctio n of the co urts is in danger of drownin g in a sea o f legalism s."

We must act to im prove the si tuation in these areas before public confidence - which is so basic and so indispensable to

an o rdered society - erodes to a po int beyond repair . We must somehow overcome the r it ua listic Nemesis wh ich today too often is interfering with and frustrating both the means and the ends of justice. In this regard, I am co nfid en t tha t the American Bar Association standards will provide some guidance to a so lu tion of this prob lem. I am pro ud to ac kn owledge , however, that due to the effo rts and ded icatio n of o ur courts an d the cooperation of the Arkansas Bar in pro moting speedier justice, this problem is not as acute here in Arkansas as it is elsewhere in the nation.

We Arkansans Are Justly Proud Of Our

THE ARKANSAS LAWYER

Jefferson County Bar Association Phillips County Bar Association

Crittenden County Bar Association Washington County Bar Association

Benton County Bar Association St. Francis County Bar Association Ouachita County Bar Association Conway County Bar Association Union County Bar Association Pulaski County Bar Association Cross County Bar Association

Baxter-Marion County Bar Association Lawrence-Randolph County Bar Association

Southwest Arkansas Bar Association Arkansas Association of Women Lawyers

Courts. . . .

159

SOURCES OF INFORMATION IN

PRIVATE AIRCRAFT CRASH CASES

- BY TOM H. DAVIS

As in any other spec ialty , the sources of information available in the preparation of an aircraft crash case are varied and present a substantial problem to the inexperienced in th is field . Depending upon the type and complexity of the case, there is an a lmost unlimited number of sources which should be checked .

One of the first sources to be cansu lIed is the Federal Avi ation Act of 1958 , and Ihe mu ll i lude of regulalions which have been promul gated thereunder. This Acl is fou nd al 49 U.S.C. 1301 .

Most regula tions issued under thi s Act which are importan t to th is subject are issued by the Federal Avi ation Adminis l ralion (FAA). These regul al ions are publ ished in Tille 14 o f Ihe Code of Federal Regul alions (14 CFR) under " Aeronau tics and Space." They may also be found in the Aviation Law Reporter, a four vo lume Commerce C learing House publicatio n whic h provides an up-la-dal e supplementing service inc luding the curren t dec isio ns in aviatio n law . CCH also publishes bound vo lumes of all avial ion cases decid ed from 1822 to the presen t. It presently consists of eleven bound vo lumes with the cu rrent cases (Vo lume 12) co nlai ned in Ihe looseleaf Aviat ion Law Reporter.

Copies of any pari of Ihe Federal Avial ion Regulal ions (FAR) may be o btained from the Superin ten den t of Documen ts Wash ing ton, D.C.

These regula tions cover in detail every facet of aviation. They have the force and effect of law, Hochreln Y. U. S., 238 F. Supp. 317 (ED. Pa., 1965); Stanley v. U. S., 239 F. Supp. 973 (N.D. Ohio , 1965), and their vio lat ion would consti tute negligence per se. Section 610(a) of Ihe Federal Aviat ion Act of 1958 states that it shall be unlawful: "(5) For any person to operate aircraft in air commerce in violation of any other rule, regula tion, or certificate of the Administrator under this

160

title See also : Eastern Airlines v. Union

Trust Co" 212 F. 2d 62 (USC A, D.C., 1955) ; San Diego Gas & Electric Co. v. U.S., 173 F2d 92 (USCA, 9th Cir ., 1949); Cltrola v. Eastern Air Lines, Inc., 264 F. 2d 81 5 (USC A, 2nd C ir. , 1959) ; Prashker v. Beech Aircraft Corp., 258 F. 2d 602 (USCA, 3rd Cir., 1958); Neiswonger v. Goodyear Tire & Rubber Co., 35 F. 2d 671 (N.D. Ohio, E.D., 1929); Rhineha rt v. Woodford Flying Service, 122 W. Va. 392 , 9 S.E. 2d 521 ; " The Role of Administrative Safety Measures in Negligence Actions," 28 Texas Law Review 143 (1949).

While it may be necessary to presen t such regulations in certified form 10 Ihe Irial courl , Ihey are Ihe subjecl of judicial notice. 44 U.S.C., Sec . 1507, Alaska Airlines, Inc. v . Northwest Airlines, Inc., 228 F.Supp. 322 (Alaska, 1964), affirmed 351 F.2d 253 (USCA, 9th Cir., 1965); Modern Federal Practice Digest, Evidence, Key No. 47 .

A ircraft Acciden t Inve8tigation The responsibility for the invest iga

tion o f all airc raft accidents in the Un ited St ates rests wit h the National Transporlal ion Safe ly Board (NTSB), formed as part of the new law establishing the Departmen t of Transportal ion. Th e NTSB has under ils d irect supervisio n the Bureau of Aviation Safety, whose personnel is for the most part the same as the former Bureau of Safety under the C ivil Aeronaul ics Board (C AB) and perform Ihe same func tions concern ing airc raft acciden t invest iga tion. Fo r con ven ience and as a general rule, insofar as airc raft accident investigation is co ncerned , the NTSB serves the same funct ion as formerly occup ied by Ihe CAB and Ihe Bureau o f Aviatio n Safe ty o c cu p ies the same posit ion and fu nctions as the former Bureau of Safely.

While the NTSB is in charge of the investigation , it may delegate part of

Editor's Note: In the January 1973 issue of The Arkansas Lawyer, Mr. Davis' related artic le, " Private Aircraft Crash Cases", appeared. Mr. Davis is a nationally -known authority on aviation law. He was featured speaker at the Arkansas Bar Association's 1971 Fall Legal Institute, ta lking on the " Plaintiffs Preparation of an Aviation Case." He is Past President of the Texas Tria l Lawyers Association; a member of the ABA's Aviation Commi/tee; Past Chairman of the American Trial Lawyers Association's Aviation Law Section; and Fellow, Internati.onal Academy of Trial Lawyers . He has a Commercial Pilot License, with sing le, multi-engine and instrument ratings; CA T /I Tu rbo-Baron.

the investigation or ask assistance · from an investigator from the FAA. With the exception of air carrier operat ion under a cert ificate of public convenience , the NTSB has delegated to the FAA authority to investigate all accidents involving aerial application operations, amateur-built aircraft, or restricted category aircraft , and all nonfatal accidents invo lving rotorcraft , or fixed-wing aircraft which have a certi fied maxi mum gross takeoff weight of 12,500 pounds of less . NTSB Regulations Section 400.45 . All other accidents are investigated by

Continued on a page 161

MAY, 1973

f


personnel from the Bureau of Aviation Safety.

These agencies have complete control over the investigation of the accident to the exclusion of all others, bul are required 10 make and file a written report of the results of their investigation . This report contains a factual report and an analysis and conclusion report. Only the factual report is made public . The analysis and opinion portion of Ihe report is confidential and the information and slalements con tained therein cannot be obtained. A copy of the fac tual report, including statements of wi!· nesses and pho tographs, can be obtained at a nominal cost by addressing a request to Accident Inquiry Section, National Transpo rtation Safety Board, Department of Transportation , Washington , D.C .

These reports contain a multi tude of information and are vitally necessary in Ihe preparalion of any airplane crash case. Besides such information as the lime, p lace , date, type of plane, owner, occupanls and thei r flying experience and ratings, it contains a plat of the wreckage distribution and a narrati ve report of the facts which the invest igalor feels are important. This

SENATOR

report usually conlains the names or leads to witnesses and any reporled contac ls between the pilo l and Ihe weather bureau, Highl service slations, lowers or air Iraffic cont rol facilities .

A copy of Ihis report is vital 10 Ihe lawyer's preparation and is a valuable source leading 10 admissible evidence, however, Ihe report ilself is not admissible in evidence, nor are lhe conclusions and opinions o f Ihe invesl igalors. Sec 701 (e) of Ihe Federal Aviation Act provides : "no part of any report or reports of ... any accident, or the investigation thereof, shall be admitted as evidence or used in any suit or action for damages growing out of any matter mentioned in such report or reports ." and by NTSB regu lation §435.4 its employees are proh ibited from testifying either in person or by way of deposition , to conclusions, opinions or otherwise giving expert testimony. FAA employees are under a simi lar prohibition. Federal Aviation Regu lations, Part 185, 14 CFR 185.

Whi le the facts that the investigalo rs found al the scene of Ihe crash are discoverable through depositions, permission from the agency involved is necessary before these employees are allowed 10 testify. Even then per-

mission has nol been readily attainable from the NTSB unless a showing was made Ihat such facls could not be obtained from other sources , in cluding admissions of the defendant.

At the taking of the deposilion of any such employee . an atto rney represen ti ng the Government will be presen t to make cerlain Ihe federal regulations regarding expert or opinion lest imony are not violated and the person laking Ihe deposition will be expected to furnish a copy of Ihe deposi l ion to the Governmenl attorney.

These reports furnish an excellent indication of whal the facts were or what evidence is available, nevertheless it is still dependent upon the attorney's ingenuity, resourcefulness and efforts to reconstruct the facts of the accident into admissible evidence for presentation at the trial. For the manner in which these accident reports have been used in trial, see 23 A.L.R .2d 1360, Berguldo v . Eastern Airlines , Inc., 317 F.2d 628 (3rd Cir ., 1963) ; Maxwell v . Fink, 264 Wis. 106 , 58 N.W.2d 415 (1953); Aviation Enterprises Inc. v . Cline, 395 S.W.2d 306 (Mo.App., 1965) and Lightenburger v . Gordon, 407 P. 2d 728 (Nev. Sup., 1965).

Con t inued on page 162

MISSING JOHN L. McCLELLAN

IS "FIRST" WITH US . • AND UNKNOWN HEIRS LOCATED

BETTER

FISRT NATIONAL BANK

BANKING

RIGHT FROM

THE FIRST

THE AR KA NSAS LA WYE R

NO EXPENSE TO THE ESTATE

WORLO W I OE SE R V ICE FO R

COURTS - LAWYERS - TRUST OFFICERS ADMINISTRATORS - EXECUTORS

~mericalt ~rchillej ~jjocialion INTERNATI ONAL PR OBATE RESEARCH

449 WASHINGTON BUILDING

WA SHI NGTON , O. C.

161


Aircraft Information The complete history of the own

ership of every aircraft is contained in records al Ihe FAA Aeronaulical Center, Oklahoma City, Oklahoma. These records are available to the public or a record search will be made by commercial companies at a nominal fee .

Each plane also has an FAA approved flight manual for that specific aircraft. This shows the limitations, performance and data and the normal and emergency operating procedures, as well as the aircraft's weight and balance information and the optional equipment actually installed , both when purchased and al any lime thereafter. Any change that is made in the weight and balance of the aircraft by the addi t ion of addi tional equipment or alteration must also be reported on a Form 337 to the FAA and is kept in their files at Oklahoma City.

FAAs require that two log books be kepi up-to-date on all aircarf!. One is the engine log (one on each engine if the aircraft is multi-eng ine), the other is the airplane log. All repairs, inspeclions and alterations are required to be kept in these log books and signed and certified by the person performing such inspection or repairs. While these logs are usually kept in the aircraft and are therefore oflenti mes destroyed in the crash, they may also be fou nd in the owner's possession or in the files of the fixed base operator where the plane is hangered , or where the repairs and maintenance are done.

The own er's and main tenanc e manuat for the particular make and model of aircraft can be obtained from the manufact urer and will contain a mulli tude of information concerning the airplane, its operations, service and maintenance.

Pilot 's History The Airman Certificate Bran ch of

the FAA Aeronautical Center in Oklahoma City keeps on fite the latest certificate issued to each pilot , as well as a record of all previous certificates and rati ngs held. Their records also contain the application made by the pilot for each certificate issued. These applications which are signed by the pilot contain information concerning his experience and flight time and training . Any violation of an FAR will likewise be found in the pilot's records.

The Aeromedical Certificate Branch of the FAA Aeronautical Center keeps a copy of the medical certificates and the application for such certificate for at least th ree years. If there is any !"(ledical restric tion on the license , all

162

certificates and applications are kept. This branch also keeps all correspondence and medical reports concerning the pilot, in the event he has any physicat defects which appeared on his medical examination .

The pitot 's person at log book shoutd show in detail a day by day record of his flight experience , showing the type of plane operated, the date, type of flight and the poin t of departure and destination or any other remarks the pilot may have made in connection with that fligh t.

Weather Briefing and Communications With Pilot

Most weather briefings are now obtained at a FAA flight service station (FSS) but the Weather Bureau will still perform some of these functions. At the Weather Bureau and at the FSS a log is kept recording the date, lime, aircraft number or name of the pilot requesting information on the weather, either over the ph9ne or in person .

If a visual fligh t plan (VFA) is filed wit h a FSS, either in person. over the phone or through radio communications, a record will be kept by the FSS where it is f iled . They will also forward a part of the plan to the FSS at the destination. These fligh t plans are normally kept for only a few days, but in the event of an accident they may be kept indefinitely. Information or a copy of the fligh t plan may be obtained from the NTSB accident report or from th e FSS where the flight plan was filed .

Most ground controls, lowers and approach cont rols have tape recordings of all communications with an aircraf!. These tapes can be replayed and a transcription made from them. These tapes are likewise kept for a limited period of ti me, except in case of an acciden t. Even then copies should be requested as soon as possible.

Written reco rds are made of all en route rad io communication s between an airc raft and a FSS. While these communications are normally not lape-recorded, they are recorded in a log indicating the dale, time and substance of the communication. likewise, in the even t of an accident statemen ts are usually obtained by the NTSB investigator from th e FSS personnel at a time when the communication is fresh in their minds.

If communications are made with an air traffic control (ATC) facility , a record will have been made of such commun ication. In the evenlthe plane is on an instrumen t flight plan (IFA) the fligh t plan wil l be record with ATC and the aircraft will have been in direc t radio co mmunications with

some ATC facili ty, tower or ground control from the time the plane started taxiing until after it landed, and a recording will be available of all such communications if they are requested or obtained wi thin a reasonable time after the accident.

Some of the fixed base operators at various airports have a two-way radio called a unicom. Very often pilots of private planes use these radios for obtaining information and relaying mes~ sages. These could likewise be a valuable source of information and should be checked .

Weather Information All local weather bureaus keep ac

curate records and logs of the weather information collected at their station . This also included radar weather reports which they issue. These radar weather reports would show the actual areas of heavy precipitation (usually thunderstorm activity) which were observed by this station within the range of their radar unit. Their records would show the date, time, direction, distance and intensity of such radar sounding. Certified co pies of area forecasts , terminal forecasts and the hourly weather observations at all stations. SIGMETS and PIAEPS can be obtained either from the local weather bureau stations in the area or from the National Weather Aecords Center, Federal Building, Asheville, North Carolina.

As in other cases, no one should attempt to handle an aircraft crash case without having available to him the necessary law books on the subjcet. The most comprehensive textbook in this field is Aviation Accident Law, written by Lee Kreindler and published by Matthew Bender. Another valuable book is Lawyer'. Aviation Handbook, written by Stu Speiser and published by the Lawyer's Co-op. Besides various ann otations in A.L.R ., there is a section on aviation in American Jurisprudence, 2d. Also see Private Aircraft Crash Cases, The Arkansas Lawyer, January 1973, p. 19.

There are also a mult itude of publi cations in the field of aviation that can be used to great advan tage in these cases. Without an attempt to list them ali, the FAA, the Weather Bureau , the Air Force, the Navy and other organizations concerned with aviation have prin ted various articles . pamphlets and books on almost any subject involved in the broad field of aviation.

These publications can be used not only to educate the lawyer handling the case or his witnesses, but can be used effec tively in cross-examining


MAY, 1973

Con tinued from page 162

the opponent's expert wi tnesses . Unlike the problem that arises in the cross-examination of a docto r from medical textbooks, it wou ld be a brave expert who refused to admit that the FAA or the Air Force or the Navy were not authorities in the field of aviation , or that the Weather Bureau was not an au thority on weather. Without even attempting the impossible task of listing all such publications, a few which are represen tative are :

1. Manual 01 Aircraft Accident Investigation, International Civi l Aviation Organization , 1080 University Stree t, Montreal, Canada.

2. Federal Aviation Administration Personal Aircraft In.pectlon Handbook, Pilot '. Radio Handbook, Wake Turbulence

3. Superin tenden t of Oocuumen ts, U.S. Prin t ing Office, Washington , D.C. Realm 01 Flight, Facts 01 Fllghl , Path 01 Flight, Private Pilot 's Handbook 01 Aeronautical Knowledge, Aviation Weather, Instrument Flying Handbook, Airman'. Information Manual

4. FAA Aviation News, a monthly publication of the Federal Aviat ion Administration " Accidents Don' t Just Happen , Pilots Cause Them," Aug.,

1965, " Altitude Minimums, Your Safety Margins, " June, 1965, "The Invisible Hazard Wake Turbulence, " June. 1965, "Operating in the Traffic Pattern ," May, 1965, " Flicker Vertigo," May, 1965

5. The AOPA Pilot , monthly publ icat ion of the Aircraft Owners & Pilots Association, Edit orial and Business Offices, P. O. Box 5960, Washingto n, D.C. "Guide to VFR Weather Minimums," Oct., 1965, " Why Not Bury Power Lines," Sept., 1965, " Oxygen in the Spotligh t," May, 1965, " In terpret and Use Weather Information," May, 1964

6. Approach, the Naval Aviat ion Safety Review , Superin tenden t of Documen ts, U.S. Printing Office. " Bottle to Thrott le," Nov., 1965, " Terminal Turbulence," Nov., 1965, " Ice on the Runway ." Jan ., 1966, " Wake Turbulence," April, 1966

7. Busines. & Commercial Aviation published mon thly by Reed Publicati ons, Inc ., 122 E. 42nd Street , New York 17, New York. " Landing Roll Factors," Feb., 1965, " How to Handle Ice, " Jan ., 1966, " VFR Landing Techniques,"Jan. , 1964, "Pil o ting Techn iques for Night Landing ," March, 1964, " Smoking vs the Pilot,"

March , 1964, "Weather and VFR Cross-Country," Sept., 1964, " How to Never Run out of Fuel," Aug ., 1963.

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THE ARKANSAS LAWYER

Professional Investigation ServicesCivil, Criminal, Industrial for the Professions, Business, Industry

and Individuals Technical Investigations in Products Liability Cases

Licensed by the State Investigator licens

ing Board, Approved by the Arkansas

State Police, References of Prominent

Attorneys furnished upon request. Ten

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163

, , >

~-, ,

Presiden t-Elect Jim West has announced a schedule of C ivil Trial Practice Seminars to be held throughout Arkansas as a fo llow-up to the highly successful Civil Trial Practice Seminar during the 20th Mid-Year Meeting at Hot Springs, Arkansas in January, 1973.

The new seminars will be sponsored by the Arkansas Bar Association and the local bar associations in the designated areas of the State . The following is a schedule of cities and dates:

164

Fort Smith

Texarkana

Forre.t City

Little Rock

EI Dorado

Jonesboro

Fayetteville

Pine Bluff

~l "

r "".

JONESl!fbRO AUGUST 10fti-

ot«lItJCIIOCI "

-~!.

-F0RREST ~1 .Wltf!, ,

CITY I

J\JL-V- I

20TH

June 29

July 13

July 20

July 27

August 31

August 10

August 17

August 24

The Video format for the seminars will follow that used at Hot Springs, allhough differen t video tapes will be used. In this connection, the Arkansas Bar Association now owns the finest video tape library of any Bar association in the country.

EIGHT (8)

CIVIL TRIAL

PRACTICE

SEMINARS

FEATURING

VIDEO - LECTURES -

PANELS - CRITIQUES

ARKANSAS

BAR ASSOCIATION

IN COOPERATION WITH THE

ARKANSAS LOCAL

BAR ASSOCIATIONS

Top trial lawyers will act as panelists and lecturers in the new series of Civil Trial Practice Seminars. Printed programs will be mailed out in advance from the Bar Center to attorneys in the area concerned. Local Bar Associations will also make announcements to their members . Registration fees for each seminar will be $15 per person , which will include luncheon. No one can afford to miss the Civil Trial Practice in his area - if you cannot make it because of another commitment , plan to attend another seminar in an adjoining areayou wi ll be we lcome.

MAY, 1973

2 ° th Mid- Year Meeting January 17-20, 1973

Father Tribo u

Probably, the most successful meeting in the history o f the Arkansas Bar Assoc iation was the " Civil Trial Pract ice Seminar" held at the Hotel Arli ngton, Hot Springs, Arkansas, Jan uary 18-20, 1973, in conjuct ion wi th the House of Delegates ' Meeting on January 17th. The Inaugural Fellowship Recept ionBanquet of the Arkansas Bar Foundation was held on Wednesday evening , January 17th. In report ing these events, The Arkansas Lawyer will publ ish the speeches of Professor E. Robert Walloch , Judge Alfred P. Murrah and Judge Donald P. Lay; a synops is of the House of Delegates' Proceedings ; photos of the social even ts, and the Invocation of Father George Tribou , Principal of Catholic High Schoo l for Boys in Li tt le Rock . It is fi tt ing to begin with the Invocation , which was received with warm applause. This unusual reaction was described by one as " The first time he had ever heard a standing ovation for an invocation." Numerous requests have been made for copies of Father Tribou 's prayer.

o A lmighty Cod These lawyers have asked m e to speak to you tollight on

Iheir behalf, Beseeching y our blessing on Ihem and on Ihe work Ih ey do

here al Ihis meeling.

Therefore, I ask you to give Ihem whal I feel Ihey need mos l ... A knowledge of you alld a lo ve of y ou.

If Ihey do 110 1 know you . Ih ey call no / love you . Alld if Ih ey do 1101 lo ve YOIi . Ihey can no l lo ve Iheir

f ellow man. A lld if Ihey do nOI lo ve Iheir f ello w man, Ihey simply can no t

carry Oul wilh milch efiecl Ih e work Ihal you have called Ih em 10 do, Ihal of serving YO llr SOliS and daughlers ill Ih e IIn ique f llnClion of Ih e law profession .

These mell ollghl 10 lope YO ll . Lord. Yo u've been Ilery good ( 0 litem -

They are selecl members of sociely. They lead Ihe good life. They elljoy respecI alld cOllfi dellce alld admiralioll .

We especially pray jar whichever of Ihese lawy ers lo ves y ou leas I fo r he must be a very unhappy man.

Brillg him alld all his conferees 10 Ihal knowledge of you Ihal leads 10 grealer lo ve of y ou.

Prepare Ihem all f or Ihal slldden momenl afler dealh when they will appear before you to plead th eir mos l importallt case of all . their OWII.


SOCIAL HIGHLIGHTS

20TH MID-YEAR

MEETING ARKANSAS BAR

ASSOCIATION

January 17-20, 1973

Arlington Hotel

Hoi Springs, Arkansas

/

/

House of Delegates'

Semi-annual Meeting -January 17, 1973-

Arlington Hotel Hot Springs, Arkansas

The House of Delegates was called to order by Presiden t Henry Woods of the Arkansas Bar Association . SecretaryTreasurer James M . Moody presented the Annual Report of the Secretary Treasurer as required by Art icle IX of the Association's By-Laws. The report necessarily is concerned primarily with FY 1971-72, which period had received the audit by E. L. Cullum & Co. In turn, the SecretaryTreasurer 's Report was audited by the Association 's Audit Committee. (NOTE: The Report and Audits are on file at the Bar Center and are available for inspection by the members.) Mr. Moody reported a gain of $10,902.08 of income over expenses for FY 1971-72. The Association bookkeeper 's monthly statements, as approved by the Executive Council, for the first six months of FY 1972-73 indicate a continuing trend of running in the black. However, projected expenses in connection with the legislative program and for the Annual Meeting show that the Association will operate with more income than expenses , but without any great surplus. Mr. Moody also reported that the membership stands at the all-time high of 1,694. The Secretary-Treasurer's Report was approved .

The House of Delegates took the stated action on the following bills:

(1) An Act to Limit the Rights Granted under Arkansas Statute 62-2908 , with respect to rights of dower and curtesy. Also a companion bill - An act to Provide for Division of Property on Divorce. Following discussion, the House voted in favor of endorsing the two bills, 22 in favor, 10 opposed.

(2) Comparative Fault Act. The House voted approval without dissenting response .

(3) Act to Adopt Rule 14, Federal Rules of Civil Procedure. The House voted approval without dissenting response .

(4) Act to Provide a Rebultable Presumption that a motorist who is involved in an aCCident , was uninsured if he does not file proof of insurance within 90 days after the accident . The House voted approval without dissenting response .

(5) Act to Amend Arkansas Statute 66-4001 , Providing for Direct Action by an injured party against an insurance com-

THE ARKANSAS LAWYER

.' f,

.,/ '\

'"

pany for amounts in excess of poHcy limits for negligen' or fraudulent failure to settle within the policy limits. The House voted approval with one dissent .

(6) An Act to Provide for Venue in certain cases against non-resident individuals or foreign corporations. The House voted approval without dissenting response .

(7) An Act which would allow taxing of one dollar cost per case to finance legal education in Arkansas. The House voted approval without dissenting response.

(8) Act to Empower the Game & Fish Commission to Adopt Certain of the Coast Guard Regulations with Reference to Boating Safety in Arkansas. The House voted to adopt the bill on a divided show of hands.

(9) Act Providing for Removal of Disabilities from Employment by Certain Convicted Felons. The House voted approval without dissenting response.

(10) Act Providing Standards and an Administrative Board for Control of Detention Centers. The House voted approval without dissenting response.

(11) Act Providing Damages for Loss of Use of Vehicle. The House voted approval of the principle involved , with one dissent.

Chairman Edward Lester of the Arkansas Bar Foundation reported that the new money pledged is slightly more than $321,000, and that over $100 ,000 had been paid in on such amount . The Memorials Drive will be next. Mr. Lester then discussed the new Bar Center construction contract with Pickens-Bond of Little Rock and its financing.

President Woods reported on the Client Security Fund -some $8 ,500 has been collected in the drive for $10 ,000 . The Arkansas Supreme Court will be ready in a month or so to consider the matter formally.

Mr. William R. Wilson , Jr., the Association 's Legislative Liaison Director, next reported on the legislation status of bills previously approved by the House.

The House adjourned.

(NO TE: The printed proceedings of the meeting of the House of Delegates is on file at the Bar Center and Is open for inspection by the members.)

171

172

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

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

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

new PROFeSSionAL LIABILITY PROGRAm wi~:. Loss Prevention and Control

Want more jetails? Call or write P -kansas Bar Association Administrator Rather, Bp.ver & I-' -per Three Hundred ~"ring 8ui,,jing Little Rock , Arka,. 3C1s 72201 (501) 372-4117

MAY, 1973

I

,

Editor's Comment : AEGIS is a fea ture o f the Arkansas Bar Association's educational program concerning docket control and o ther areas of high risk experience in professional liability cases.

SAFEGUARDING YOUR PROFESSIONAL FUTURE

the problem

the result

advice

THE ARKANSAS LAWYER

To Err Is Human:

And Costly, Too!

An insured attorney, acting for the executors of an estate, misinterpreted tax laws and as a result was late in fi l ing a federal estate tax. The attorney thought that the estate tax was to be paid within 15 months of the issuance of letters testamentary rather than 15 months from the date of death.

Because of this technical error, the clients suffered a substantial loss and in turn sought to recover the losses from the attorney.

The insured attorney was clearly liable because of his misinterpretation of the tax laws. The claim was settled with the clients for the amount of the losses they had sustained.

Tax laws are detailed and complex. Always double check, especially if this is a field in which you are not highly active.

173

LEGAL AID SOCIETY ESTABLISHED IN SEBASTIAN COUNTY A fulltime legal aid office has been authorized by the County Judge and the Quorum Court and Harry Foltz appointed as the Legal Aid Attorney. Legal aid will be made available to those who cannot afford a lawyer. The office is in the Merchants Bank Building in Fort Smith. From left to rlght : Legal Aid Committee Chairman Bob Dawson, Sebastian County Judge Glenn Thames, Harry Foltz and President Don Calloway of the Sebastian County Bar Association .

Introducing A Better Bond Service For Arkansas Attorneys

174

BONDS & ASSOCIATES INC.

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

Little Rock: Commerc ial National Bank B ldg . Phone 372-5237

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

John Y. Bonds, Jr ., C.P .C.U. John R . Hampton , Jr . John D. Cook, Jr. Michael H. Kehres, C.P.C.U.

MA Y , 1973

~ 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 Disabi lity Plan. Over $450,000 in disability pay ments have been paid to members of the association since the plan was started in 1946. The rates are approximately half what you would be required to pay for an individual policy. Other p lans available include Major Medical, Life, Accident, Professional Liability & Catastrophic.

And

You Wil serve your profession by supporting the Association's continuing efforts to improve standards of legal education, of judicial administration and of admissions to the bar. vou help protect the lawyer's professiona l status by opposing unauthorized practice, and through an ex panded program of public serv ice activities.

;)j. DO~~ !O(~~~~~'~P end " / the developmen t of clos(' I I iendshlps wi th you r bro ther

c----::......c=----...:.::=-----------~ I"wyers <11 Associ,1Iion ilctivitlCS.

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

THE ARKANSAS LAWYER

This iSi.1I1 OpportlHlliy to serve you rself dllli t l1<' publiC "S w('11.


408 Donaghey Building Little Rock, Arkansas

175

• •

1f n Jti1emoriam

JOHN EASTMAN COATES II 1901-1973

John E. Coates (catted "Jack" by all who knew him) died in Little Rock on Jan. 13, 1973. He came from a distinguished family , and exceeded its traditions. He was born in Little Rock ; and after graduati ng from Little Rock High School, went to Yale University from which institution he received his A.B . degree in 1922 and his law degree in 1925.

He was a Captain in the Army for four years in WW II; and then returned to Little Rock and resumed the practice of the law. He was a member of the Arkansas Legislature. was prosecuting attorney of Pulaski and Perry Counties, and was for many years United States Commissioner for the Eastern District of Arkansas.

Mr. Coates was a member of the Arkansas and the American Bar Associations , and also served as president of the Pulaski County Bar Association. He was an Episcopalian; and is survived by his wife, a son, a daughter, two brothers and five grandchildren.

EUGENE A. MATTHEWS, SA. 1908-1972

A resident of Hot Springs for 26 years, he was an active member of the First United Methodist Church and served Hot Springs through many civic and charitable organizations. He attended public schools in Manila and graduated from the Academy Department of John E. Brown Cottege at Siloam Springs and from Henderson State College in Arkadelphia. In 1931 attended Arkansas Law School at Little Rock while working for Tom F. Digby, Sr. during the day. He was admitted in 1932 bu t continued his studies until 1933. He was an active member of the Arkansas Bar Association , starting in 1934 as Chairman of the Junior Bar Section , serving as a member of the Executive Council during 1940-41 and then President of the Association in 1956. Outside of his Association work, he had served as an Assistant State Counsel for the Home Owners Loan Corporation , executive director of the Pulaski County Defense Council, second president of Arkansas Enterprises for the Blind and a member of the Board of Directors of the Arkansas Children's Home and Hospital. He served in the U.S. Marine Corps during 1944-45 before joining Wootton, Land & Matthews. In 1970 was appointed Special Chief

176

Justice of the Arkansas Supreme Court and in 1971 was appOinted Special Associate Justice. Survivors include his wife, Mildred Balch Matthews, two sons, a sister, a niece and two grandchildren.

MILO V. MOODY 1900-1973

Milo V. Moody, of 2124 Main Street died in Little Rock on Jan. 7, 1973. He was born in Alabama, and was a veteran of WW I. Returning from that was, he did his collegiate and law studies at the University of Alabama, and was admitted to practice law in that state in 1929.

Shortly thereafter, Mr. Moody came to Arkansas, and was admitted to the bar in this state on Feb. 24, 1930, and continued his law practice here until his death. He was an Episcopalian ; and is survived by a brother and a sister, both of whom live in Alabama.

JOE P. MELTON, SR. 1895-1973

A lifelong resident of Lonoke, he died at his home on March 20, 1973. A graduate of the University of Arkansas, he studied law at Litt le Rock and was admitted to the Arkansas Bar in 1921. He was an active member of the Lonoke Baptist Church, the Kiwanis Club, and the Lonoke Industrial Developmen t Commission. He was a mason and World War I veteran. For many years, he served as a member of the Lonoke County Central Democrat Committee and County Election Commission. Survivors include his wife, Floe Reeves Melton, a son, daughter and six grandchildren.

JOHN FRED MORELAND 1888-1973

John Fred Moreland of Little Rock died shortly after he was struck by an automobile on the evening of January 13, 1973. Mr. Moreland has been associated with the Wright, Lindsey and Jennings law firm of Li tt le Rock until his retirement two years ago. He was admitted to the Bar in 1924 and was a Special Member of the Arkansas Bar Association since 1967. He was a member of Calvary Baptist Church and the Friendship Sunday School Class. A veteran of World War I, he was a member of the American Legion . Survivors are his wife, Margaret Johnson Moreland, two daughters, a son and three grandchildren.

MAY, 1973

f A R.UI<J1.

FLUENCES; LEADERS IP J MISMANAGEMENT

,fsSIG E rrNI .• /<. I<r'~KEN B

NSAS, AN WITH GREATER VIfNESS. THERE

AWARD HIM AN TOWARD THE

VAGllM,oNT PROBLEMS; Nsr1cOMMUNISTlC IN

UNFLINCHING EASANCE AND

-j)~I·.8'Uishld Statesman Citatio n

GRANT COUNTY - ARKANSAS Birthplace of Senator John L. McClellan

The new Grant County Courthouse is a living symbol- reflecting the County's solid growth and future promise.

In 1868, the local residents decided that they wanted their own county . Following their petition, the Arkansas Legislature passed the Act creating the new

·County. Governor Powell Clayton signed the Act on February 4, 1869. Under the Republican adminis t ration , the county was named for General U.S. Grant, and the county seat for his colleague, General P. H. Sheridan. The first courthouse was completed in 1871 and was destroyed by fire on the night of March13, 1877. A second courthouse was completed in 1880; the third in 1912. The present courthouse, occupying an entire city block of landscaped and tree shaded g rou nds, was dedicated on Juty 12, 1964 - a beautiful example of Greek revival architecture - the classic form so favored by Thomas Jefferson and identified as the first wholly American style - "The courthouse with a great colonnaded front expresses the dignity of the law".

Grant County claims as her native sons Arkansas ' Senior Senator John L. McClellan, Congressman Ray Thornton from Arkansas' Fourth Congressional District , and former Congressman W. R. Stephens.

Grant County Courthouse

Eighty percent of Grant County today is under forest management - with most of the local industry given to lumber and pulp materials; however, cattle, poultry and various other industries have their place. Rail and truck lines operate through the County. The Sheridan Headlight, established in 1881 , is the County's weekly newspaper. The County is known for its good hunting, with deer,

squirrel, turkey and quail plentiful. Its other incorporated towns are Leola, Poyen , Prattsville and TulI .

Sheridan - well located " In the Heart of Arkansas' Industrial Triangle " of Pine Bluff, Malvern and Little Rock - is a clean, progressive city.

Grant County and Sheridan have more than justified the foresight of their founders back in 1868.

"Enthusiastic Towards Serving You and The County" ....

GRANT COUNTY BANK

101 N. Oak Sheridan

"Since 1903"

942-3147 Arkansas

MEMBER FDIC

'-

MAY 1973

Documents

Transcript of MAY 1973