JULY 1971

~

rkansas I-awyer ARKANSAS

1821-1911 CapItal aty

•

Introducing ...

The Lawyer's Own P. R. Program Materials

The PracUclng

LaWYer's

Personal Public

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Ilelauons Kit

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Send your order to: Arkansas Bar Association 408 Donaghey Building Little Rock, Arkansas 7220 I

The Practicing lawyer's Personal Public Relations Kit ............................•

$1.00

Pamphlets What you should know about Wills .. 7 Meet Your lawyer! .........................................•.....•.......• 2 With this ring I thee wed .................................................• 2 Your Rights (if Arrested, Sued, Injured .......................................• 2 What to Do in Case of an Automobile Accident ....•..........................• 2 Handbook for Executors ...................................................• 10

cents cents cents cents cents cents

JULY 1971 VOL. 5 NO.4

(§Ie THE OFFICIAL PUBLICATION OF THE ARKANSAS BAR ASSOCIATION

Arkansas Lawyer SPECIAL FEATURES

OFFICERS Paul B. Young, President Henry Woods, Vice·President Robert D. Ross, Secretary·Treasurer EXECUTIVE DIRECTOR C. E. Ransick EXECUTIVE COMMITTEE James West, Chairman Phillip Carroll James B. Sharp Lynn Wade Dale Price John Mann Ex·Dfficio Paul B. Young Henry Woods Robert D. Ross John Lile J. C. Deacon James B. Blair Stephen Matthews Louis L. Ramsay, Jr.

Bury St. Edmunds ................•..... James W. Day Deduction of a Lawyer's Convention Expenses: Principles and Pitfalls Alex J. Soled Don Herman The Lawyer's Image in the Community Tax Tips Fred W. Johnson Legal Services: Demand and Supply Edward L. Wrighf

122

149 116 131 118

73rd Annual Meeting Proceedings 134 Admission Ceremony ....................•..•...•...... 148

REGULAR FEATURES About the Cover ......•......... Dr. John L. Ferguson President's Report ......•............. .Paul B. Young Juris Dictum C. R. Huie Law SChool News ...........•....... Robert Brockman Oyez, Oyez B. Ghormley In Memoriam Executive Committee Notes Robert D. Ross

127 115 120 129 114 126 130

Published bl-monthly by the Arkansas Bar

Association, 408 Donaghey Bldg., Little Rock, Arkansas 72201. Second class postage paid at Little Rock, Arkansas. SUbscription price to non-members of the Arkansas Bar Association $6.00 per year and to members $2.00 per year Included in annual dues. Any opInion expressed herein Is that of the author, and not necessarily that of the Arkansas Bar

EDITORIAL COMMITTEE

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 IBldg., Little Rock, Arkansas 72201.

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

All inquiries regarding advertising should be sent to Advertising Department, Ark· ansas Lawyer, Post Office Box 4117, North Little Rock, Arkansas 72116.

113

PRIVATE INVESTIGATION MYERS I ASSOCIATES, INC. 910 Pyramid Life Bldg.

Little Rock, Arkansas Phone 372-1809

By B. Ghormley

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

Dr. Robert LenaI', FayetlevilJe, was honored by having his por-

trait hung in tbe courtroom of the Law School in Waterman Hall.

O. II. lIargra ves, Forrest City Municipal Judge for 20 years, has been appointed Circuit Judge for the First Judicial District by Governor Bumpers. Douglas O. Smith. Fort Smith, was appointed to serve out a directorship on the Fort Smith School Board. E. J. Ball. Fayetteville, has been nominated to the Board of Directors of Arkansas Western Gas Company. eva Talley, Little Rock, is the first woman honored as an honorary member

Licensed by the State Investigator Licensing Board, Approved by the Arkansas State Police, References of Prominent Attorneys furnished upon request. Ten Years Experience..

Myers & Associates

of Garland Chapter of Phi Alpha Delta law fraternity. Willis II. Holmes, Little Rock, received a Distinguished Alumnus Award from Hendrix College. Don Pullen, Hot Springs, has been selected as one of five State "Spark Plug" winners by the Arkansas Jaycees. Judge Randall L. Williams, Pine Bluff, Judge Henry M. Britt, Hot Springs, and JUdge Robert Dudley, Pocahontas, will be attending a post graduate legal education course conducted by the National College of State Trial Lawyers. Gene Raff, Helena, prosecuting attorney of the First Judicial District, was one of the guest lecturers at a Law Enforce-

Fred M,en Ronnie Rand Mel Fr,

ment Training Academy in Stuttgart. Art Givens, Jr., and Philip

Kaplan. Little Rock, conducted a debate "Passive Disobedience vs. Strong Law and Order" during a meeting of the Greater Little Rock Catholic Interracial Council. Joe Purcell, Little Rock, spoke at an opening meeting of the Crossett Civitan Club.

J. C. Deacon, Jonesboro, spoke to the Rotary Club on "Man, His Law and Its Promise". Edward L. Wright, Little Rock, was one of the spring commencement speakers for the University of Arkansas graduation ceremony. Sam Hugh Park, Fort Smith, was a speaker during the Arkansas Historical Association con-

ference. He had traced the history of the Arkansas River and early explorers and boats which traversed it. Tom Ledbetter, Harrison, has opened a branch office in Eureka Springs at 'n

South Main Street. Bill Walters, Greenwood, has opened an office in Charleston only for Saturday. Drew Lutrell, Leachville, has joined the law firm of Tinnon and Crain of Mountain Home.

Richard L. Martin, Fort Smith, has announced the partnership with Leslie Evitts practicing under the firm name of Martin and

Evitts with offices at 7lYl First National Bank Building. Richard Byrd, formerly of California, has joined Holmes & Holmes of Pine Bluff and changed the firm name to Holmes & Byrd. Carrold Ray and Robert Donovan of Marianna have formed the partnership of Ray & Donovan. New officers for Garland County Bar Association are Mike Heindle, President; Robert Ridgeway, Vice President and Regina W. Johns, Secretary-Treasurer. Columbia County Bar Association officers are Mike Kinard, President; Ark Monroe, Vice President and Harry B. Colay, Secretary-Treasurer. Jefferson County Bar Association officers are Donald H. Smith, President; Edward Owens, Vice President and John Rush, Secretary-Treasurer. Lawrence-Randolph County Bar officers are H. L. Ponder, President; Harrell Simpson, Jr., Vice President and Tom Hilburn, Secretary-Treasurer. Peter G. Estes is the new President of the Washington County Bar Association with Frank Waters as Vice-President and Esther While as Secretary-Treasurer. C. R. Huie, Little

Rock, was elected Chairman of the National Conference of Court Administrator Officers during the National Conference of Chief Justices held in Charleston, So. Carolina July 2nd. James T. Gooch, Arkadelphia, has been elected President of the Arkansas Trial Lawyers Association; Gerland Patten, Little Rock, is the

new first Vice President with D. Michael Huckabay, Little Rock, Secretary; Richard Earl GrUfin, Crossett, was chosen state committeeman for a three-year term.

'14

PBESIBIIT~S

BEPOIT

By Paul Young

The American Bar Association Key Handbook inlorms

To help implement these changes, I have appointed to

new presidents that HThe realization of an ambitious Bar Association program hinges in large measure upon the manner in which that Association's committees operate." If the cooperation and enthusiasm shown by the committee

the Constitutional Reform Committee of the Association, a member from each of the twenty¡nine separate delegate

chairmen (who have already been appointed) is any indica-

districts to begin developing procedures lor election to the House 01 Delegates.

You should already be sure to note on your calendar

tion of what we can expect from committees, I can say to

some outstanding Association sponsored programs sche-

you that the prospects for the year ahead are excellent.

duled for this fall. The site of the Fall Legal Institute has been changed from Fayetteville to Little Rock after carelul

The Association had a most active and constructive pro-

gram during the administration 01 Jack Deacon.

The em-

consideration and with the advice and consultation of the law school administration. The ever increasing space and

phasis on improvement of standards of criminal justice, disciplinary enforcement as well as other good programs already underway will be continued. In addition, several new committees will be created on subjects of especial current interest. A convocation of all committee chairmen is sche-

accommodation problems dictated this change. It will be held this year at the Little Rock Sheraton on September 17th and 18th.

The second workshop on Standards of Criminal J tlstice will be held October 7th and 8th in Hot Springs. On October 9th is the first Legal Secretarys' Conference which will include some outstanding speakers which should attract lawyers as well as secretaries. Lee Turner of Great Bend, Kansas, who has appeared on Bar Association Programs all over the country, will discuss the el!ective use of lay personnel.

duled lor August 6th and 7th during which plans will be discussed in detail. My later reports will keep you inlormed.

One 01 the most lar reaching changes in the history 01 the Arkansas Bar Association was, of course, the new constitu-

tion and by-laws adopted at the Hot Springs annual meeting. Its unanimous adoption was evidence. I think, of the

tmiversal beliel that the result will be a great deal more actual participation in the al!airs 01 the Association by all

No doubt you are aware that it was necessary for the Association to vacate its headquarters in connection with

members. While the effect of the new organization. from the

tandpoint 01 election 01 ol!icers, does not take place until

development of the convention center in Little Rock. The plan lor use 01 the Bar property and permanent headquarters 01 the Association are not completed yet and you will be kept inlormed.

TI,e Bar Center is now located at 408 Donaghey Building. 7th and Main Streets, Little Rock (same telephone number: 375-46051. A small conIerence room for up to

the 1972 annual meeting, planning needs to commence right away. nder the new constitution, "The busines of

this Association shall be conducted by a House of Delegates ....'. Twenty-nine delegate districts will elect members of the House. The House 01 Delegates will elect members 01 the Executive Council (which will replace the Executive Committee.) The President-Elect will be elected by mail ballot 01 the entire membership of the Association conducted at least sixty days prior to the annual meeting

twelve persons is available to the members for hearings, etc.

H you wish to reserve the conference room or if you need any service or information relating to Bar activities, please

date.

call our stal! at the Bar Center.• 115

The Lawyer's Image in the Community

By Don Herm.an Director of Public Affairs, Radio Station WCKY Cincinnati, Ohio

Gentlemen, you have problems.

Not only that, but you've probably had them even before Jesus said "Woe to you lawyers also! Because you load man with oppressive burdens and you yourselves with one of your fingers do not touch the burdens!" (Luke, 11.461 ... or Shakespeare, in Mer路 chant of Venice: Hln law, what plea so tainted and corrupt, but being seasoned with a gracious voice, obscures the show of evil?" ... or, Samuel Johnson: "1 would be loath to speak ill of any person who I do not know deserves it, but] am afraid he is an attorney." ... or, Benjamin Franklin: "God works wonders now and then; Behold! a lawyer, a honest man!"

To suggest that these quotations cover two thousand years of questionable public relations is probably accurate, if an understatement. Part of the problem is that they're still lying around in various books, and their impression for good or ill is therefor ongoing.

But what about right now, in Cincinnati, 1971? Not having the resources of Gallup or Harris, 1 contented myseU with a very small sampie ...say around 30 persons ... to whom I put the questions, "What's your opinion of the legal profession and why?" TIle answers ranged from one-word vulgarities to sophisticated paragraphs. f won't give you all 30, but a montage of reactions that were representative ... reactions that came from all kinds of people, including some lawyers. Here goes.

"Lawyers are regarded with distrust. Maybe it's because the small town lawyer is going out, as is the general practitioner in medicine, and people do not have one friendly man in mind ",hen they think of lawyers.

There was a will probated in our county a while back. and it contained the line, 'Keep this out of the lawyers' hands if you can'," "Some unscrupulous aUorneys have made it hard for lhe rest of the profession. One group of citizens came to me lthe man was an attorney I and was amazed to discover my fee was considerably under the 1200 fee another lawyer was going to charge to represent us. There is great variance of fees charged, depending on the size of the law firm. There needs to be a standardization of fees."

"There is a dichotomy between what people see on TV and their personal experiences, which usually involve police court and divorce proceedings. " "People are catching on to the fact that judicial robes have political lauds ... that the way to the judiciary is through the statehouse."

"Lawyers have set up a very high code of behavior. Yel, members of the legal profession are loath to turn against one of their kind."

"There are two big law firms in this city that act as conduits from the power structure to various bodies of government that supposely represent the people."

"Shysters!" ( obody mentioned parking ticketsl.

Allowing for the obvious statistical invalidity of my personal sample of opinions, the statements, plus the ones earlier quoted, do point up the truth of my opening statement ... you lawyers have a problem.

Just to let it go at that without probing the problem, determining some of its components and suggesting positive steps to correct it would be to shirk my duty as a speaker who personally feels that the legal profes116

(Editor's Note: The Cincinnati Bar Associa.tion has about the same membership (1.5001 as the Arkansas Bur Association. Interestingly, eRA had Broadcaster Don Herman address its Monthly Luncheon on April 7. 1971. concerning the "Bar PR" problem. or problems. as he put it.

Since his is the first such analysis we have seen. we requested permission from eBA and Mr. Herman to republish his text. as published in the April /971 eBA News. We are indebted to both.1 sion merits high respect, but is grossly misunderstood. And perhaps the communications industry and the legal profession can cooperate to correct some misunderstandings. Let's test some ideas.

Is there something in the legal personality that alienates lhe public'!

The question was explored as recently as 1964 by Progfessor Walter O. Weyrauch, College of Law, University of Florida ... a German-American who came to this country in 1952 and became a naturalized American citizen.

Weyrauch wanted to explore the ftmctioning legal personality to test the premise that in personality and perspective, lawyers might be the same from country to country. Under~ lying this belief was another ... that occupational groups ohen share personality traits regardless of race or nationality. So he studied 163 lawyers in his native Gerrnay on the principal that abstracted ness of the legal profession in Germany from the United States would make for less inhibited responses than would come forth in interviews of American lawyers by an American.

Here. among his findings. are some that might have bearing on the Lawyer's Image in the Community: I. Some attorneys seemed to assume that a respected man deserves affection and is always right.

2. Specialization is a mark of prestige. Ignorance in non-related areas is nothing to be ashamed of, it's even fashionable.

3. The most elite practitioners in the sample, since they had sufficient access to wealthy clients. would also belong to the elite under conjectural American standards.

4. There was considerable professional preoccupation with title. In the German sample, it was with academic degrees. This compares with titles that may linger on in application to American attorneys. long after the office is no longer held: Judge, General, Col· onel.

Ambassador, Governor, Commissioner.

5. There may be sanctions for deviations from propriety: loss of business, 10 s of esteem from collea· gues and neighbor . sometimes also of wife and family.

In addition to Professor Weyrauch's study, The Personality of Lawyers, published in 1964, there is an excellent little book called The Lawyer in Society written by James J. Cavanaugh. himself an attorney. This book ought to be required reading for all non·lawyers, because it pin·points in simple, clear language many of the factors that are at work in the creation of community attitudes toward the legal profession.

For example, Cavanaugh notes, "Only in the case of doctors and lawyers is there public moral indignation at the profit motive ... probably because the public's lives and fortunes are intimately involved in the work of medicine and law ... the presence of an ideal of the lawyer or the doctor not only as a competent man. but also as a dedicated man. Standard of living and professional standing depend on quality of entrepreneurship ... public acceptance and ultimately his profes· sional stature depend upon, among other thing, the absence of profit· seeking as a dominating force in his activities. Whatever lawyer would be openly and frankly self· eeking in hi professional activity ... would ... be doing the profession a disservice."

And. Cavanaugh puts his finger on an element of public confusion: he says that the unethical flavor of com·

promise stems from the assumption that all compromise involves abandonment of principle. Seldom, he con· tinues, are opposing principles the subject matter of conflict. Conflict is a Hclash of opposing interests." Thus, opposing attorneys, for instance, are not opposed to the principle of Work· men' Compensation, but rather, whether a given person is entitled to it.

Cavanaugh singles out the word "mouthpiece:' frequently applied to lawyer. as meaning to the public a kind of prostitution of personality. He notes that there is an informal division within the bar. not generally known to the public ... there are public prosecutors. tax lawyers, corporate and labor lawyers, public defen· ders ... and concludes that one would not be too apt to discover an attorney aflame with a zeal for the workingman. working as a corporation lawyer.

Cavanaugh says that lawyers had better shape up as communica· tors . .. and remember. he's using this word in 1963, before it became part of the lexicon of overworked 1971 jargon. Specifically, he says the ..... lawyer is like the modern poets, more concerned with expressing themselves than with communicating to others."

On what was even then the trend toward making judicial elections nonpartism. Cavanaugh explains that this arises as a demand for increased competency of judges, rather than increased political impartiality.

He points out the lawyer is usually the first to feel the fist of the tyrant who usurps power in a coun· try .•. and notes that the most generally feared trait of the lawyer is his propensity for gathering and retaining information in his role as observer.

Referring to the esoteric, involved language of legalistics. he notes that· what begins in search for truth often ends in destruction of beauty.

As I said. I would recommend this little book, The Lawyer in Society, by James J. Cavanaugh. to all non·law· yers. It contains a lot of insight, simply and clearly put.

It occur to me, though. that the business of image-making has no real place in the legal profession. I think that what i needed is the telling of the story ... the story of the profession and its practitioners, with a maximum of candor and frankness and a mini117

mum of self-importance and pomposit)'. If there is any profession to which we can look for the stabilization of a turbulent society, it is the legal profession. If ~here is any profession to which we can look to be in the van· guard of positive social change, it is the legal profession. Increasingly, if there is any profession that can be expected to fight for the rights of the individual under law, it is the legal profession.

This is not a story that can be told in short news clips, or in accounts of sensational trials. It is not a story that can be old by your profession unaided by others.

My profession. broadcasting, has, I believe, an obligation to help you tell your story. It must be done in infor· mal, in·depth discussion ... in hard and open question and answer sessions with the public. Public affairs programming on radio and TV offer a good chance to do this. Feature ar· ticles in the printed media orrer a chance to do this. h was my privilege recently to engage injustsuch a program with the President of the Cincinnati Bar Association, Mr. Hensley .. and with its Public Relations Committee Chairman. Mr. Edward Marks. I commend these gentlemen not only for submitting to ninety minutes of onthe-air questioning from me and the audience, but for not hedging in the least when asked to make the ap· pearance.

Credibility is really what is needed from your profession ... and cooperation from mine . . .to work positively for the Lawyer's Image in the Community. It sbould not be the distorted fun·house mirror image that might result from sheer press· agentry ... but a true image of who and what you are. Let us work together to showcase the truth.•

(Editor's Note: The Arkansas Bar Association was honored to have its own Ed Wright as principal speaker for its 73rd Annual Meeting, It is particularly fitting that the text of his address be published here for the benefit of those members un.able tn attend.

Mr. Wright steps down as ABA President upon the conclusion of the ABA London Meeting. luly 14-20. 1971.)

Washington [rving observed many years ago in his '"Tales of a Traveller" that "There is a certain relief in change, even though it be from bad to

worse." And then he added: iiI have found in traveling in a stagecoach that it is often a comfort to shift one's position and he bruised in a new place."

There is little doubt that we are all in the process of being bruised in new places. Change is everywhere in our society and nowhere is this more evident than in the activities of those who render personal services. There have been periods in the long histories of law and medicine when a Rip Van Winkle, Esquire. or a Rip Van Winkle, M.D., might have slept for twenty years and then awakened to carryon his professional calling, having missed out on very little of consequence. But those days are no more. It is hard to conceive of a lawyer practicing law, unaware of the far-reaching legislation and judicial decisions that are the products of the past twenty years, or of a doctor practicing medicine today, completely oblivious to the advances made in the treatment of htmlan ills since World War II. A brief look backward is enlightening. Ten years is a reasonable measuring span by which to point up enormous changes in our society. As a starter. we can remind ourselves that ten years ago the population of the United States was about 180 million, while today the Census Bureau estimates it is 210 million. The mere statement of a population increase of 30 million in tt'n years stimulates many thought of the impacts this addition has made and will make on the practice of law.

Demand for the services of lawyers in the United States is at an all-time high. Many independent factors working concurrently have produced this result, and 1 will speak briefly on a few of them. First, laws are increasingly numerous and complex, with the

Legal Services:

DEMAND AND SUPPLY

Text of the keynote address by ABA President Edward L Wrigh' of Little Hoc/" ilt the ArkllllS11S Bar Associa~

lioll路... 7.1,.d Annuill J\lteeling. June 2-5. /'171.

result that more and more persons find themselves in need of legal counsel. Second, recent court decisions have sharply expanded the rights of a person charged with crime so that each such person must be supplied with competent legal representation virtually from the moment of arrest.

Regardless of how much one may disagree with the Miranda Rule and all of its ramifications, as well as the seemingly endless post-conviction litigation, the fact remains that the bar is called upon to act in criminal cases as never before. Third. federally funded legal services programs in the p. t five years have brought annually tens of thousands of persons in the lowest income groups in contact with lawyers for the first time. Fourth, the phenomenon of urban living has created problems of multiple types that re<tuire the services of lawyers.

Fifth, a nation on wheels, as America is, generates all kinds of law business 118

ranging from land condemnation for more and more highways to personal injury and death litigation. Sixth, the multiplicity of federal, state, and municipal commissions, boards, and bureaus affecting every phase of human life and economic endeavor has accelerated the demand for legal services. The foregoing is not a complete list and all of us could add to it.

There long has been disagreement and uncertainty in the profession about the extent to which the public at large recognizes the need for legal services and utilizes the services of lawyers. Some practitioners believe a vast, unfulfilled need for legal counsel exists among persons of above poverty incomes; others content that this belief is based upon assumption, not fact. There appears to be general agreement only on the need for the development of a foundation 01 factual data upon which to base the intelligent policy decisions for increasing the availability of legal services to all segments of the population.

The -House of Delegates of the American Bar Association at the 1971 Midyear Meeting created a new Special Committee that will have two ftmctions: ( II to supervise the conduct of a survey to ascertain the extent to which the public recognizes the need for and uses legal services and (2) to draw conclusions from the survey results and [ormulate appropriate recommendations for future action by all segments of the organized bar. The survt:y will not be of the "public opinion" type but rather will be a search for facts, through selective interviews, with a cross-section of the population representative of various income groups throughout the United States. The Committee will explore the extent to which interviewees recognize basic legal problems and what they have done when they encountered those problems; whether they have consulted lawyers or others, and if they have not gone to lawyers why they have not. The results should provide credible data that will help the profession resolve questions of the potentials of established programs like Lawyer Referral Services and newer programs of the type of J udieare and of Prepaid Legal Cost Insurance programs such as the one now being experimentally conducted by the Shreveport Bar Association. The results of the survey could well shed valuable new light on other issues

even more urgently, at the trial court level. A state court administrator can have little permeating effect on the operation of his state's judicial system if there are not highly qualified. adequately compensated administrators in the court houses throughout his state; administrators able to deal on equal terms with county and local orricials. including trial judges and trial lawyers.

By and large. I think the courts of this country have not been mismanaged: for lack of managers they have simply been unmanaged. While we may be making some progress in reducing the shortage of managerial personnel. we still have a long way to go to fill the court managerial gap!

6. l've previollsly indicated that if a state court administrator is to play an effective role. there isa need to establish an administrative structure or organization to fix responsibility and determine lines of authority; a need to define which COllrt functions are judicial and which are non-judicial; and a need for qualified managers at both the state and trial court levels. The fulfilling of these needs. however. will not. in my opinion. result in an effectively managed system without two additional essentials.

First. judges and court administrators vested with administrative responsibility must be willing to delegate that responsibility so as to bring about maximum participation by everyone within the system. judges and non-judges alike. This sounds simple. but in point of fact it is not only one of the most important management concepts; it is also one of the most difficult to master.

Unlike the typical business enlerprise. courts do not respond well to centralized administrative authority.

Many of lhe incentives that produce response to central executive authority in a business organization. such as increased compensation or promotion as rewards for performance. or the termination of employment as the penalty for failure. generally just do not exist in a judicial system. More subtle and less direct means must be used to encourage maximum performance by all within the system.

Sometimes. for example, in a court system administrative measures do not have the intended or expected result. Consider the case of a certain Chief JlIstice who. having exhausted all other means of encouraging a laggard judge lo decide some cases in which decision had been long

reserved. finally wrote him a letter: "Dear Judge: What would your friends and colleagues on the bench think if I were to publicly relieve you of your present assignment until all yOLU reserved matters are decided?"

Several days later the mails brought the reply: "My dear Chief Justice: After receiving your recent letter, I consulted my friends and colleagues on the bench and they all think it would be a lousy trick for you to pull!"

I believe that the greatest single incentive for outstanding judicial performance is each individual judge's desire to measure up to his own personal standards of excellence. In essence a judge's motivation to perform well is, and must be. self-motivation.

If this is so, and I'm convinced that it is, then the greater the centralization of responsibility in a judicial system, the less individual responsibility and self-motivation. This accounts in large part, I think. for the apparent success of the individual calendar system in large multi-judge courts, although patenlly it would seem that a central assignment system in such courts should be more elleclive. (To Be Concluded. I â&#x20AC;˘

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121

(Editor's Comment-This wonderful article is reprinted with the permission of the British Tourist Authority and first appeared in the May 1970 issue of ;'In Britain." We have reserved printing the article until this issue to coincide with the ABA Meeting in London, July 14-20, 1971. Bury St. Edmunds is 85 miles north-east of London. from which it is reached by train or coach in about two hours. An interesting sidelight-Arkansas Supreme Court Justice John A. Fogleman's brother-in-law was a major contributor to the restoration of the Abbey Gardens. He is John T. Appleby of the American Historical Society. who contributed all proceeds from the sales of his book, "Suffolk Summer". in Great Britian to this worthy effort. Bury St. Edmunds is an old Suffolk town, as you will read in this article.)

Bury St. Edmunds is a mainly Georgian town of quiet splendour, with medieval roots, modem in outlook, and proud of its past. Its noble motto is Shrine of the King, Cradle of the Law-the sto.rine of Edmund, King and Martyr, and the cradle, or birthplace, of Magna Carta.

The town began as a Saxon homestead about A.D. 500 or even earlier, and a monastery was founded there in 599. In 870, Danish raiders invaded the area and Edmund, the King of the East Angles, a young and gentleminded Christian, decided to fight them, but he was defeated. He was bound to a tree and shot through with arrows. The bleeding corpse was untied, the head was cut off and flung into a thicket, and the headless body left for the crows and wolves. When the Danes withdrew. a few loyal Saxons crept out of the wood and carried away the mutilated body of their King. The date was November 20th, 870.

The legend is that a party of Saxon Christians then set out to find the King's head. They made their way into the woods crying out "Where are you?"-and the head called out in reply, "Here! Here! Here!" Following the direction of the voice, they found the head guarded by an enormous wolf. However, the Saxons succeeded in taking the head and bore it to the place where the body had been kept. A small church of very humble workmanship was erected at the place of the interment, but early in the tenth century the head and body were

such as group legal services, specialization, and changes in legal education.

Bu t will legal manpower keep up with the probable future demands? f think so. A spectacular rise in law school enrollments is taking place in every state. There are 146 law schools approved by the American Bar Association. In the 1970-1971 year, registrations in these law schools reached an all-time high of 83,041, a gain of 20 per cent over the prior year.

In the decade of the 1960s law school registrations have more than doubled.

With 83,000 law students and an estimated 327,000 licensed lawyers in the United States, there is now one law student for every four licensed lawyers. Practically witho~t exception, the physical plants of American law schools are overtaxed with stu¡ dents.

One may speculate on whether this dramatic increase in law school enrollments is a passing phenomenon.

Ups and downs in enrollments have occurred before, particularly in the post-World War II years of the late 1940s followed by sharp declines in the 1950s. For example, in 1948 law school enrollments reached 47,000, only to dip to 35,000 five years later.

But the current rise shows strong indications of continuing. The number of candidates taking the law school admissions test during this academic year, with a view to enrollment in the fall of 1971, is expected to reach 110,000, an increase of more than 40 per cent over last year. The prospect is that many qualified students will be rejected because of space limitations.

Several factors have been cited to explain the law student population explosion: III Many idealistic students have turned to legal education because they believe the law "is where the action is"; (2) Women applicants have quadrupled in number in the last five years; 131 There has been a marked decline in employment opportunities for holders of graduate degrees because of economic conditions, and (41 Government financial aid has been available to a growing number of returnees from military service.

1 think it would be very premature for anyone to conclude that our profession is in danger of becoming overcrowded. It is true that bar admissions have been rising in the 1960s at almost the same pace as student enrollments. that new lawyers licensed

reached a record of 19,000 in 1969, and that the figure for 1971 probably will be double the 10,500 admitted in 1960.

But it does not follow that the lawyer population is growing faster than the total needs of society for legal services. It should be remembered that the versatility of the law degree is increasing; no longer is it assumed that a graduating law student will wind up in private practice. More and more young lawyers are finding their way into government. business, and teaching. Even now the national lawyer census figures indicate that only about two-thirds of all those holding law degrees are actually in private practice. It seems fair to assume that this ratio will continue or even increase, and that many of today's students will utilize their legal training in other pursuits. It also must be remembered that the demands for legal services have grown rapidly in recent years and that with ever expanding legal service programs of various types, there should be no alarm about an oversupply of lawyers.

Some reports indicate that with the increase in new admittees in the recent past some placement difficulties have arisen, not so much with respect to numbers as to distribution. Lawyer placement offices state there is a f;ontinuing demand for more lawyers in small cities and towns across the country, but that most of the new admittees have a preference for urban areas. It seems generally agreed

among placement personnel that a demand for lawyers in many small communities continues and that attractive career opportunities exist therein.

There is no indication of which I am aware that Arkansas varies significantly from the national patterns I have described. In fact, it is my clear impression that our state is quite typical in this regard.

Every day you and I go to our respective places of business to prac¡ tice our profession. What is happening in the United States that day? Here is a portion of the statistical score: Every day nearly 10,000 babies are born, over 10,000 yOtulg persons tum 21. and more than 10,000 citizens are injured in automobile accidents. On the same day over 4,000 men and women cross the mysterious line labeled "age 65." Each 24 hours there are over 5,000 marriages, and ap. proximately 1,500 divorces. Each month the mail brings a Social Security check to 25 million beneficiaries and a welfare payment to more than 10 million persons.

On an average day the following serious crimes are committed: One murder every 39 minutes; one burglary every 17 seconds; and one auto theft every 41 seconds.

Every one of those people and every one of those events must be of concern to us as responsible professionals in a changing society, which needs our skills, our knowledge, and our vision.

half your case is a well-printed brief ..

STATE AND FEDERAL BRIEFS Roy Craig, Owner/Manager THE LAWYER'S PRINTER

TREVATHAN PRINTING CO. Newport, Arkansas, 523-3987

119

â&#x20AC;˘

JURIS DICTUM

by C.R. Huie Executive Secretary. Judicial Department

The role of a Slate Court Administrator is one which is not too well known or understood by many lawyers and laymen. An address by Edward B. McConnell, Administrative Director of the Courts of New Jersey on this subject delivered at the National Conference on the Judiciary in William burg. Virginia. March 11-14. 1971 was both interesting and informative. The first part of Mr. McConnell's address appeared in the May 1971 issue of The Arkansas Lawyer. The second part follows below. The conclusion will be printed in the next issue of The Arkansas Lawyer.

2. To administer effectively any organization. regardless of its size. it is necessary that some organizational paltern be established. or at least be tacitly recognized. In many jurisdic· lions. it seems Lo me. it is impossible for a state court administrator to play a significant role since there is no established organization for administrative purposes.

In some states the administrative structure is a vertical one. In New Jersey, for example. the state is divided into 12 geographical areas for administrative purposes, with a presiding" judge. designated by the Chief Justice. responsible for the administration of all the courts within his geographical area. I n other states. such as Connecticut and Massachusetts. the organization is a horizontal one. with presiding judges for trial courts having statewide jurisdiction. \Vhatevcr the urgallizatiunal structure. however. if a court system is to be managed in an orderly and effective fashion. it is essential that administrative responsibility be fixed and that lines of authority be established. But. as with a court structu.re for adjudication purposes. there are advantages in keeping the administrative stnlcture simple and in avoiding too many levels in the management hierachy.

3. One of the principal obstacles at the present time to the full development of the role of the court administrator. is the lack of delineation between those functions within the judicial establishment which are judicial in nature and can only be exercised by a judge. and those which are basically administrative and may properly be allocated to an administrative official. whether or not he be a judge. In my opinion it is essential that this line be drawn if courts are to make maximum

use of persons with needed managerial expertise.

Unfortunately to date the determination of what is appropriately within the realm of the administrator has too often been made solely on the basis of the importance of the function, rather than on any objective analysis of the inherent nattlre of the task Lo be performed and the skills required. I f the job is a big one. judges have generally reserved it for themselves; if it is a trivial or menial one, it has been wished-off on a court administrator. How often, I ask you, have you read or heard it said, that the function or role of the court administrator is to relieve the judges of administrative details so that they may devote their time and attention to more important matters'? Where this is the judges' concept-and too often it is. or at least it has been-all that is neede<1 is just another clerk. not a qualified administrator. I submit that if a fair analysis is made. the role of the court administrator will shape up as equal in importance to that of the judge.

One of the reasons for the subordination of the cmut administrator's role. I su pect. has been a latent fear on the part of both judges and lawyers that if they aren't careful the administrators will take over the system and the judges and lawyers will be rele· gated to a secondary status. Fear not!

I assure yOll that as long as ultimate responsibility for the administration of the courts is vested in judges-and I think it should be-there is little danger that the arlministrator's role will become the dominant one: and as long as judg"es are the ones before whom lawyers try their cases and are the ones who have the power to fix attorneys' fees and allowances, there is no possibility that court administra120

-tors will replace judges at the head tables of bar association dinners and other such legal gatherings!

4. After ascertaining what functions are non-judicial in nature, a deter· mination should also be made as to whether such nonjudicial functions can best be handled by a lawyer or a trained manager. At the state level, in my opinion. the balance is slightly in favor of the lawyer-administrator, with the assistance, as required, of various managerial specialists. At the trial level, on the other hand, I believe that an appraisal of the non-judicial duties to be performed may logically result in a preference for a non-lawyer manager.

5. To date courts generally-and our courts in New Jersey are no ex· ception-have failed to make full use of modern business management methods and machines. Two related reasons for this are that the courts have had neither the managers nor the money necessary to modernize their operations. There is also. I suspect. a third reason: judges and lawyers have been all too reluctant to involve themselves with the management problems of the courts. but instead have been l.'Ontent from time to time merely to criticize their inefficiency.

Fortunately this situation is chang· ing. Chief Justice Warren Burgers efforts. which resulted in the establishment of the Institutte for Court Management. have done much to focus attention on the need for developing qualified court managers. Management consulting firms and computer manufacturers are now finding in the COluts new markets. particularly on the criminal side where LEAA funds have aided in stimulating modernization.

Qualified mant1gers. however, are needed not only at the state level. but

moved to Bedericesworth, as Bury St. Edmunds was then called.

The wooden church in which the King was now buried soon became a shrine. and in the following century it wa replaced by a much larger church, which was consecreated in 1032.

Meanwhile, the town. which became known as St. Edmund's Bury. grew in power and wealth.

I n 1044 Abbot Leofstan had the audacity to open the shrine and look at the remains of St. Edmund. His hands withered up instantly as a punishment. and King Edward the Confe or sent hi personal doctor.

Baldwin of St. Denis, a Frenchman, to attend to him. Baldwin stayed on at Bury and succeeded Leofstan as Abbott. He was the man who to\\'nplanned Bury and saved it from ravage and destnlCLion at the time of the orman Conquest.

The Abbeyand Magna Carta Baldwin also started building the great Abbey church, where a most historic event took place on November 20th 1214. A great cavalcade of barons and knights in armour, who had ridden by secret forest ways from all over England, clattered into the town.

Ostensibly they were pilgrims to the tomb of St. Edmund. In fact, it was the noble t conspiracy in English history; for at Bury they met Stephen Langton, Arch-bishop of Canterbury, who placed before them a document destined to become world-famous-Magna Carta, the Charter of Liberty.

All swore on the altar that they would force King 10hn to seal the Charterwhich he did the following year at Runnymede. This was the turningpoint in the evolution of democracy; and so it is that Bury St. Edmunds, shrine of the King and Martyr, can claim also to be the birthplace of English liberty, the fount of democracy.

Drive into Bury St. Edmunds today and you are struck immediately by the spacious layout of the town. its squares. main streets and the architectural splendour of the Abbey gatehouse, the 'Cathedral and the neighbouring church of St. Mary.

Continued on page 125

St. l\1"ry路., Church. with its splendid iwgel roof over tile long nave. dates from the 15/" century.

The Abby Gardens. Seen in the background is the new extension to the Cathedral Church of St. jllrnes.

(;ulelzoll!ij(' lUith

;1.

Ir;story. The Abbey

when rioting mob ultitcked the monllstic Iwilding.. . in /327. tts rebuilding LOok "(,il.rly 20 yenrs.

GUle/lOuse WWt Inull)" dat11ilged

it

Continued from page 123

When Abbot Baldwin planned the layout he took the Homan grid pattern as his model and created two main squares--"a square for God" and "a square for man".

The Abbey went at the time of the Dissolution of the Monasteries in the mid-16th century, but when you enter its extensive grounds and see the remnants of its defensive walls, you realize that it was once as strong as a fortress. The Abbot's Bridge, over the river Lark, is a splendid piece of medieval work. and those enchanting lawns. gardens and vistas of grass, dominated by the grey-silver, gauntly beautiful ruins of the Abbey itself have a haunting atmosphere. Walk there in the moonlight by the site of the high altar and you may see the ghosts of the Grey Lady or the Brown Monk, who are said to haunt the ruins. Qui te a few local people swear that they have seen them. Here you are in the heart of more than a thousand years of English history.

The Abbey gatehouse still stands (it was largely rebuilt after a riot in 13271 and so does the Norman Tower. which has been incorporated into the impressive new extensions to the Cathedral Church of 51. James.

This church, which became the cathedral of the diocese of 51. Edmundbury and Ipswich when it was established in 1914, dates from the early 16th century and shares, with the gatehouse and tower, one side of Angel Hill-"the square for God". Those three dominant buildings are offset on the south side of Angel Hill by the Georgian dignity of the two-storeyed Athenaeum, built in 1804. It has an 'elegant tunnel-vaulted ballroom with graceful stucco decoration attributed to Robert Adam, A round the town Facing the Abbey gatehouse is the Angel Hotel, quietly imposing, built in 1779 but with 13th-century cellars land one of the best stocks of wine in East Anglia I. You can eat in the ele· gantly proportioned dining room upstairs or you can enjoy a grill or a snack downstairs in the atmosphere of endearing antiquity, Charles Dickens knew the Angel and it has a part to play in The Pickwick Papers, (I can recommend also the Suffolk Hotel and the Square House Hotel, the latter architecturally notable in a quiet 18th-eentury style,)

TIle new Borough Offices are also in Angel Hill and they harmonise per· fectly with the grace and dignity of this open space, The neighbouring building, Angel Comer, houses the Gershom-Parkington collection of time--pieces and time-measuring instruments--very appropriate for a town which had a clock way back in 1198.

51. Mary's Church, dating from the 15th century, rivals the Cathedral in interest. Perhaps its most notable feature is its splendid hammer-beam roof. Equally notable in its own way is the enchanting little Theatre Royal, which was built in 1819 and is the third oldest and last remammg Regency theatre in Britian.

Most of the good houses in the town are Georgian. Quite a few can rank as town mansions-for example, the nine-bay-wide Court House on Honey Hill, which was built as a town house for the First Earl of Bristol whose descendant, the present Marquess of Bristol, lives at Ickworth House just outside the town. 'lois extraordinary house, mainly consisting of an im· mense rotunda, was built between 1792-1803 by Frederick, the eccentric and much-travelled Bishop of Derry and 4th Earl of Bristol, and is full of art treasures. N ow owned by the National Trust, it is open to visitors on Wednesdays, Thursdays, Saturdays, Sundays and Bank Holidays from Easter to October 4th, Another good building is the Cupola House, built in 1693 and now an attractive inn with a good restaurant. Then there are the former Guildhall, with a 13th-century doorway; the Provost's House (c, 1703); and the lmique Nutshell Inn, which is said to be the smallest tavern in England. There is one room only one each floor, and the bar measures twelve feet by seven, Yet the local Hugby Club once squeezed 83 men into it! All these buildings and a host of othersmainly of the 18th century-give this old town a unique quality, predominenLly Georgian in atmosphere.

The odd thing about Bury is that, for a town of such antiquity, there are comparatively few outstanding timbered buildings-probably due to its transformation in the early 18th century into "s town of quality and taste" for the West Suffolk aristocracy. There are, however, a few good examples of timber-framed houses such as the Ancient House in Eastgate 125

Street (15th century or earlier) and several houses in Southgate Street of abou t the same period, The oldest secular building in the town is Moyses Hall Museum, an 11th-century Norman Jew's House strongly built of flint and rubble with stone dressings, which stands on the comer of the former Corn and Beast Market&-part of "the square for man", And if you like old-world inns, [ recommend the Dog and Partridge in Crown Street, the Rising Sun in Risbygate Street, and the Fox in Eastgate Street.

Touring the countryside TIle area around Bury is lovely, unspoiled and utterly interesting. Within a 20-mile radius lie Sudbury, the birthplace of the artist, Thomas Gainsborough; Long MelIord, with its superb Tudor Hall (open on Wednesday, Thursday, Sunday and Bank Holiday afternoons from Easter to the end of September) and its magnificent soaring church; Lavenham, a delightful halI-timbered "wool town", again with a splendid church; ewmarket, the capital of horse-racing; and the old town of ThelIord-c1ose to the enomlOUS King's Forest where you can walk for miles, Culford Hall, six miles from Bury is now a public school, but it can be viewed from the outside. Americans should not miss it, for it was built by the Marquis of Cornwallis whose surrender of Yorktown in 1781 meant victory for the Americans in their War of Independence, Hengrave Hall-now a school-is also about six miles from Bury, It is one of the finest Tudor houses in Britain, and applications to view it should be made to the Rev. Mother Superior.

This wide sweep of West Suffolkof which Bury 51. Edmunds is the administrative centre-is entraneingly ~atltirul in a quiet pastoral way.

Broad bright fields of barley sweep to the skyline. Miles upon miles of dark fir forests march with the rusty-gold waves of bracken, heather and ling of the ancient Breckland, the loneliest and least populated part of England south of the Pennines. Westward the heaths sweep down into the black sea of the Fens, To the south lies the enchanting country-side associated with the landscape painter John Constable.

You could spend a whole week touring from Bury and still not see everything worth seeing. This part of England is alive with history.•

In Memoriam Edward Bennell (1903-1971). Mr. Bennett received his law degree in 1925 from the Arkansas Law School.

Mr. Bennett's father (Isaac) immigrated from Poland and operated a chain of general merchandise retail stores over a large area in Southeastern United States. Ed Bennett served this undertaking as President until 1947 when he resigned to devote his full time to the practice of law and the Democratic party. His political activities were largely in the interest of this party and his one unsuccessful race for the state Senate. He was a member of the Pulaski County Democratic Committee for 43 years and served as Secretary from 1966 to 1970.

In August of t950 County Judge L. A. Mashburn appointed Bennett to the County Equalization Board. He was elected to the Chairmanship in 1958 and served as such until his death. He was also Chairman of the Joe T. Robinson Auditorium

Commission.

Possessed of a strong bent toward satirical wit "Eddie", as called by aU,

for a number of years directed the Pulaski County Bar's biennial Gridiron Show. He also helped organize and Chaired the Hotel Marion Breakfast Club. Other affiliations included Memberships in the Pulaski County, Arkansas and American Bar Associa-

tions; the Congregation B'Nai Israel; and a past President of Congregation Agudath Achim. Immediate survivors are his sisters, Mrs. Meyer Kaufman,

Little Rock and Mrs. Harry Elkins, Georgia.

Judge Charles F. Cole (1902-1971).

Following his admission to the Bar in

1933, Mr. Cole practiced law in Batesville until he passed away May 10, 1971. Born and reared in Batesville, he

graduated from his home city high school and Arkansas College. In the early 20's he was Civil Engineer for the MOP railroad and later for the U.S. Army Engineers.During this time he studied law. He was active in

Republican politics as was his father.

He was a GOP candidate for Governor in 1938 and for Attorney General in.

1944 and 1956. During 1935 and 36 he served as Mayor of his home city and was Municipal Judge from 1950 to 1954. Afler serving seven years, he retired as Clerk of the Federal Court Eastern District in 1967. Over the

years he was a delegate to foor National Republican Conventions, was

Chairman of the Indepdence County Republican Committee served on the Republican Patronage Committee

and the state Republican Committee,

Jhe Arkansas Valley Loan Associa-

For twelve years he was a member of

tion. He also served on the Regional

the Batesville School Board, serving as President and Secretary. He had been a Director of the Citizens Bank &.

Trust Co. and President of the Batesville Insurance and Finance Co. In early 1970 Governor Rockefeller appointed him to a vacancy in the 8th Chancery District. Judge Cole was a 32nd Degree Mason, a Knight Tern· plar, a Methodist, a Kiwanian and a member of the Arkansas Bar

Council of the Small Business Administration. Memberships included the Presbyterian Church, Masonic Lodge, University of Arkansas lOA" Club, the Kappa Sig Fraternity, the Pope-Yell County, Arkansas and American Bar Associations. Survivors include his widow I Mrs. Mary Gardner, a son, a daughter, his

mother, a brother and a grandchild.

Association. Survivors are his widow,

Thomas G. Graves (1939-1971). Born

Mrs. Frances Cole, a daughter, a son, two sisters and 2 grandchildren.

in Kansas, Mr. Graves received his

Martin Keane Fulk (1902-1971>' Born

in Litlle Rock and had practiced law for 47 years before his demise. ror.

Full< received his legal education

from University of Virginia Law School and was licensed to practice in

Arkansas in 1924. He was a Lecturer on Real Property and Contracts at the Arkansas Law School in 1927-1930; 1948·1950. He served as Assistant Prosecuting Attorney, Sixth Judicial District in 1925-1926 under Henry Donham. He was a past President of the.

Pulaski County Bar Association and also served on various committees.

During World War II he served as Captain in the Air Force in the Judge Advocate General'sdivision. He was a

member of the Second Presbytrian Church, a Mason, and a past President of the old Boat House Athletic Club. He held memberships in the Phi Alpha Delta law fraternity, Pulaski I County, Arkansas and American Bar

Associations. He was senior member

of the law firm Fulk, Lovett and Mayes, Survivors are his widow, Mrs.

Irene Fulk,

two sisters and one

brother.

Charles E. Gardner 0916-1971). A native of Russellville, Mr. Gardner was assassinated as he salon the patio at his home during the early evening of Saturday, May t. Charles attended the public school of Russellville and graduated from the University of Arkansas Law School in 1939 and was admitted to practice the same year. With the exception of time spent in the army (he attained the rank of Major) during World War II followed his professional career in his

home city until his untimely death.

For a number of years he had been associated with Robert H. Williams in the practice of law. The only office he sought and held was that of City Atlorney. Mr. Gardner was rather active in business affairs and was Secretary of

126

legal education at the University of Oklahoma Law School and was licensed to practice in Oklahoma and Arkansas in 1963. At the time of his demisehe was a member of the law firm Warner, Warner, Ragon and Smith,

Fort Smith. Mr. Graves and his wife along wi th 2 other couples had just returned from London, England and were motoring home from Memphis when the car they were riding in

struck a bridge abutment. The accident occured on Monday, May 10 and Mr. Graves survived until the following Friday. He was active in the civic

and professional affairs in the Fort Smith area, was a Deacon in the First

Presbyterian Church and a member of the Sebastian County, Oklahoma, Arkansas and American Bar Associa-

tions. Member,

Board of Editors,

Oklahoma Law Review, 1962-63.

Survivors include his widow Mrs. Helen Graves,two sons, his parents, a

sister and a brother, John B. Thurman (1912-1971). Born in

Little Rock, he received his LL.B-. from the Arkansas Law School in 1933. m health these last couple of years did not keep him from the challenge of a law suit, the importance of his clients

or the enjoyment of his farm. Mr. Thurman was a member of the law firm, Barber, Henry I Thurman,

McCaskill and Amsler. He was a member of the Arkansas Consistory, International Association of In·

surance Cllunsel, Little Rock Club and Arkansas Thoroughbred Association.

A member of the Pulaski County, Arkansas and American Bar Associations. He served as past President of

the Pulaski County Bar Association and as past President of the North Hills Country Club. Mr. Thurman was a fellow in the American College of Trial Lawyers. Survivors are his widow, Mrs. Celeste Cox Thurman, a son, a daughter, two sisters and 8

grandchildren.•

Cover Story

•

•

•

The Arkansas Capitol - Dr. John L. Ferguson Dr. John L. Ferguson-Born near Nashville. Arkansas. Educated in Nashville High School. Henderson State College. University of Arkansas.

State University of Iowa and Tulane University. Ph.D.. Tulane University, 1960. Former professor of history at Central College. Lillie Rock University and Arkansas Polytechnic College. State Historian of Arkansas since 1960. Author of three books: Arkansas Lives. Arkansas and the Civil War. and Historic Arkansas.

As everyone knows. government tends to grow. This was certainly true in Arkansas. where as early as Reconstruction there were complaints that the Old State House was too small and that a rising state needed a Ilew capitol.

The Old State House. first occupied in I R36. served for many years as state capitol. federal building. and Pulaski County courthouse. As government at all levels expanded. federal and county courts and officials had to move out into their own buildings. In 1885 the Old State House was enlarged. but the new rooms did not solve the' problem of overcrowding for long.

The General Assembly of 1895 defeated a bill to erect a new capitol. but the idea continued to gain support.

Advocates disagree(~ as to the best location. Some wanted to build a new capitol on the site of the old one. as the 1895 measure had provided. Others pointed out that the grounds of the Old State HOllse were too small and that a roomier site must be found.

Secretary of State Alex C. Hull proposed that a new capitol be erected on the grounds of the state penitentiary. situated on a low hill at the west end

of Fifth Street in Lillie Rock. Hull and others emphasized that not only was the location an attractive one. but placing the capitol there would accomplish the highly desirable objec· tive of removing the penitentiary from the city.

In 1899 Governor Dan W. Jones. courtly lawyer and ex·Confeclerate colonel. asked the General Assembly to provide for the construction of a new capitol on the site suggested by 1·lull. Senator John D. Kimbell of Hot Springs sponsored the bill. which passed the Senate by a vote of 19 to 8 and the House of Representatives by a margin of 47 to 36. The measure ap-' propriated $50.000 for beginning the work. levied a special property tax. and limited the total proposed expenditure to a million dollars.

Governor Jones appointed the six

members of the Capitol Commission. which he himself headed as the seventh. One of the commissioners was a Conway building contractor named George W. Donaghey. The new commission set to work with a will. its members little suspecting that it was only the first of a series of such commissions. A Missourian. George R. Mann of 51. Joseph. was employed rather hastily as architect.

On July 4. 1899 silvered spades turned the first earth as convicts watched from the cell blocks. A band. an orchestra. a chorus and a 21-g1U1 salute complemented the oratorical flourishes of the occasion. The penitentiary office became project headquarters. and convicts were soon excavating for the foundation.

Continued on page 128

Dr. Ferguson lVas rhe aurhor of rhe cover srory on rhe Old Srate HOllse in the December /969 issue of The Arkan.,as Lawyer.

127

Continued from page 127

The Old State House had been built in a cemetery. Workmen soon discovered that the same was true of the new building. Since 1841 deceased convicts whose bodies were unclaimed by relatives had been buried within the penitentiary walls. During the latter part of the Civil War the penitentiary was used as a military prison, with burials all too frequent. George W. Donaghey described the site as one "saturated with human blood." It was not an auspicious beginning.

Trouble appeared almost immediately in the person of Jeff Davis, attorney general of Arkansas and selfstyled champion of the "rednecks."

Davis attacked the constitutionality of the capitol construction act in the courts. He lost, but his opposition to the capitol project was undiminished.

In 1900 he was elected governor.

Outgoing Governor Dan W. Jones presided when on November 27, 1900 the Masonic order laid the cornerstone of the grand edifice. A street parade preceded the colorful ceremony on the penitentiary grounds, where an estimated 40,000 persons came during the day to stare at the completed foundation with its fourfoot-thick concrete walls.

The legislature in 1901 set up a new Capitol Commission and called for the completion of the project. Governor Jeff Davis appointed the commission but saw to it that little was done. In 1903 the General Assembly took the matter out of his hands by electing its own Capitol Commission, composed entirely of anti-Davis men. The governor refused to recognize the legality of the legislative commission and appointed another of his own. When he lost again in the courts he retired to the sidelines, denouncing the capitol project as a "steal from start to finish...

The Capitol Commission chosen by the General Assembly then advertised for bids and awarded the contract to Caldwell and Drake, an Indiana firm, for $947,846. Arkansas granite was to be used in the base and Batesville marble for the superstructure.

One of the unsuccessful bidders was George W. Donaghey, whose-bid was lower than the one accepted but who did not propose to use Arkansas materials exclusively.

The work got under way in the spring of 1904 but soon slowed to a

snail's pace. The Batesville quarries failed to deliver stone in the quantities needed, and the contracton; dropped behind schedule. The politically-run penitentiary was in no hurry to move.

In 1905 the contractors hired lobbyists and tried to bribe legislators in a futile atlempt to obtain a large new appropriation.

After the session closed several legislaton;, including the president of the Senate, were indicted on charges of having accepted bribes from Caldwell and Drake. Donaghey denounced the contractors at every oPJX>rtunity, referring to their conduct of the capitol project as a "two million dollar gold brick." He maintained that much of the work was defective and unsafe, and in this contention he was surtained by the testimony of some architects and engineers.

Work on the capitol stopped completely in 1907 after an unfavorable legislative investigation. Confused and uncertain, the General Assembly hesitated to either finish the project or terminate it entirely. With Governor John S. Little ill and acting governon; in charge of the executive office, there was no progress at all during the period 1907-1909.

George W. Donaghey stepped into the breach. In 1908 he defeated the Davis candidate for governor after having campaigned vigorously on a "complete the capitol" platform.

Under his prodding the General Assembly of 1909 discharged the contractors and the architect. The legislaton; then created a new Capitol Commission, to be appointed by the governor, and passed a new appropriation.

The Donaghey commission was a bipartisan body which included a prominent Republican, Harmon L. Remmel. Cass Gilbert of New York, who had planned the Minnesota state house, succeeded George R. Mann as architect. The commission had to replan and rebuild the upper part of the capitol, including the dome and the interior walls. In 1911 the General Assembly met for the first time in its new chamben;. An additional appropriation was made in 1913, and by early 1915 the building was completed. Donaghey, though defeated for the third term in 1912, was associated with the project until it was finished.

The course of construction had never been smooth even aIter the 128

strong hand of Donaghey took the helm. Occasional strikes hampered . the work. Caldwell and Drake, the discharged contractors, exhausted virtually every legal device in an attempt to stop construction and to force the state to pay their claims. In 1917 a special board of arbitration decided that Caldwell and Drake owed the State of Arkansas $20,837. There the struggle ended.

The Capitol Commission made its final report to the General Assembly and was discharged in 1917. The new capitol, heralded as the greatest physical task ever undertaken by the State of Arkansas, had cost more than $2,200,000. No bonds had been issued and the building was paid for when it was completed. The extensive mural decorations and statuary which had been planned for the interior were never done.•

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EXCElSIOR-LEGAL 5TA T10NERY CO. INC. 62 White St,eet, New York, N. Y. 10013

By Professor Robert Brockmann

Winners of the Law Review Awards at the Annual Meeting in Hot Springs were Donald J. West, who received 150.00 for the best overall writing, Tilden Wright Ill, who received 80.00 for the best comment, George Kopp, $60.00 for the second best comment, Dan F. Bufford, $50,00 for the best casenote and R obert McDaniel, $40.00 for the second best casenote.

Summer school is underway at both divisions of the Law School. 170 are enrolled at Fayetteville and 75 at Little Rock. The number at Little Rock equalled the number enrolled there the fall semester that the division opened.

Ruth Brunson of Little Rock and George S!cinner of Fayetteville attended the 64th Annual Meeting of the American Association of Law Libraries in Miami, Florida from June 1217th. Ruth then proceeded to Tallahassee for a meeting of the Rotating Institute on Basic Problems in Law Librarianship at Florida State niversity. June 17-23 where she served as a panelist.

Each year the West Publishing Company makes awards to students of the Little Rock Division of the Law School for scholarly accomplishment.

The Annual Hornbook Student Awards are books from West's Horn· book series of law texts, one of which is given to the student in each of the four law classes who has the highest cumulative grade point average in his class as of the end of the Spring semester. This year, these awards go to: First Year Class-James W. O'Konski, Second Year Class-James J. Cook. Third Year Class-John Hermann Invester, Fourth Year Class-Robert L. Henry II I. The Corpus Juris Secund urn Student Awards are bound titles from the Corpus Juris Secundum legal encyclopedias. One goes to the student

in each of the four law classes who is selected by the faculty as having made the greatest contribution in his class toward overall legal scholarship. This year the faculty have selected the following students to receive these awards: First Year Class-Gerald James, Second Year Class-William D. Kelly, Jr., Third Year Class-Thelma Lorenzo, Fourth Year Class-David P. Henry.

The faculty commend these students for their outstanding work during the 1970-7 I school year, ProCessor Fred Spies is a visiting professor at the Louisiana State University School of Law for the first summer session.

Recently, Ruth Brunson, Lambert De Cora (Assistant Librarian I, Sandy Hendrick, Jim Bill Spears and Art Murphey of the Little Rock Division were admitted to practice before the United States Supreme Court.

The following students were elected to the Board of Editors of the Arkansas Law Review: Editor-in-Chief-Mike Beebe, Managing Editor-John Jennings, Comments Editor-Glenn Vesser, Citations Editor-Danny F. Bufford, and Business Manager-Stuart Han!cins.

Associate Editors-William Hough. Kent Coxsey,' Frank Morledge, Fred Roberson, Jr. Bobby McDaniel has been a~· pointed Articles Editor.

Dr. Robert A. Lellar, emeritus distinguished professor of law, is in New York where he is serving as director of the Appellate Judges Seminars for the 17th consecutive year.

These seminars are conducted by the New York University Institute of Judicial Administration. There are two seminars each swnmer, one for state supreme couet justices and one for intermediate appellate court judges. A wide range of legal topics are considered in the seminars.

Inquiries are being received for entrance to the school of law in the fall of 1972, Applications for the fall 1972 class are not to be submitted until September I, 197 I. Prospective applicants should be advised to take the Law School Admissions Test as early as possible since the large number of applicants taking the test has caused some long delays in reporting official test scores to the law school.

•

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Specializing in: LETTERHEADS. ENVELOPES, FORMS, BROCHURES. NEWSPAPERS. CIRCULARS, MAGAZINES. ETC.-

:J!'eritage 'l?mlishing @ompany Post Office Box 4068

129

376-6901

North Little Rock

EXECUTIVE COMMITTEE NOTES

by Robert D. Ross, Secretary-Treasurer

Article VII of the Bylaws of the Association provide "Before its presentation the Secretary·Treasurer's annual report shall be examined and audited by the auditing committee appointed by the President." Because of this requirement and because the annual meeting occurs prior to the end of the current fiscal year. the Secretary-Treasurer's annual report is of necessity concerned primarily with fiscal matters of the previous year that is. the year ending on June 30.

1970.

'The financial affairs of the Association are kept under close scrutiny in that the books are audited annually by the CPA firm of E. L. Cullum & Co.• and that the Secretary-Treasurer's report is audited by the auditing committee of the Association, currently chaired by Marvin Kieffer 01 Jonesboro.

The liscal year ending June 30.

1970, was a financial success for the Association in that a gain of some 10.900 of income over expenses was obtained. After allowance for depreciation of furniture and equipment and provision for some expenses carried over from the previous year, a surplus 01 about 9,000 was realized. 'rhis surplus reflected the increase in dues first instituted in that year and the financial success of the ,annual meeting. the latter being accompi ished by the excellent program planned by then President Robert L. Jones. Jr. and his Annual Meeting Chairman. Paul YOlmg. and by the t

excellent prognostication by Col. C. E. Ransick of attendance at the various functions for which the hotel required guarantees.

The balance sheet prepared by E. L. Cullum & Co. showed Total Current Assets of $37,178.27 and Total Fixed Assets of $6.462.64 for Total Assets 01 $43,640.91. Total Current Liabilities were listed as $2.172.75 and members equity as S41.468.16 an increase of 88,895.88 over members equity on June 30, 1969. The Cullum Report is on lile in the ollice of the Arkansas Bar Association and available for inspection by any member who desires to do so.

'The CPA's audit lor the current fiscal year will not be available until sometime after the year ends on June 30. 1971. Monthly Iinancial statements are prepared by the Association's bookkeeper and presented to the Executive Committee at each regular meeting for approval. These monthly reports for the current fiscal year are on lile in the office 01 the Association and are available for inspection. Through the lirst ten months of the current fiscal year, the Association had receipts of 55.970.73 and expenditures 01 $41.889.18. A projection 01 expenditures for the last two months indicates that the Association will stav within its income for the current y·ear and. assuming a successful Annual Meeting, should have a surplus of income over current expenditures of from 130

5.000.00 to 86.000.00. [n addition. the Association has approximately 35.700.00 in reserve lunds lrom previous years which is invested in certificates of deposit and interest bearing savings accounts.

During the twelve month period Irom May, 1970 to May, 1971. membership in the Association has increased from 1,446 members to 1,496 members alter deducting the eighteen members who died during the year. This is the highest enrollment on record for our Association. In addition to thp regular members there are some eighty members of the Law Student Division of the Association.

The Executive Committee has had eleven regular meetings during this Association year and one officially called special meeting. These meetings have had an averagc mcmbership attcndance of tcn out of the fourteen on the Committee. Two of the meetings have been in conjunction with convocations of committee chairmen at which chairmen of all Association committees were asked to attend to report on committee activities.

In performing the duties of Secretary·Trcasurer this year your reporter has had the utmost cooperation from the Executive Director. Col. C. E. Ransick, and his staff. Assistant Director Judith Gray, and Membership Secretary Barbara Ghormley. who have done an outstanding job for the Association. ] commend them to you . •

TAX TIPS Fred W. Johnson, District Director of Internal Revenue, wishes us to remind all of you that new provisions of Estate Tax and Gilt Tax Law have been enacted. The new law shortens the period for filing Estate Tax returns from 15 months to 9 months for persons dying after December 31,1970. It also requires filing and payment of Gilt Tax on a quarterly basis for gifts made in 1971.

Estate Tax FALL LEGAL INSTITUTE September 17, 19, 1971 Sheraton Motor Inn little Rock, Arkansas STANDARDS WORKSHOP II October 7, 8,1971 Arlington Hotel Hot Springs, Arkansas LEGAL SECRETARIES' SEMINAR October 8, 9, 1971 Coachman's Inn little Rock, Arkansas TENTH TAX INSTITUTE (with CPA's) November 11, 12, 1971 Arlington Hotel Hot Springs, Arkansas 19th MID-YEAR MEETING January 20, 21,1971 Arl ington Hotel Hot Springs, Arkansas

Elfective for the estates of persons dying after December 31, 1970, an Estate Tax return must be filed within 9 months after the date of the decedent's death. Estate Tax is still payable with the return, so that the time for payment of Estate Tax is 9 months. The alternate valuation date is shortened from 12 months to 6 months from date of death.

Estates of persons dying before January I, 1971, are still governed by the old rules which required filing the return and paying the Estate Tax within 15 months from date of death and the alternative valuation date is still one year from date of death.

Relief provisions in the new law ease hardship resulting from the shortened Estate Tax payment period: (I) property acquired from decedents is deemed to have been held for more than 6 months for income tax purposes, and (2) If the payment of the Estate Tax within 9 months after a decedent's death creates hardship for the estate, the time for payment of the Estate Tax may be extended as much as 12 months instead of 6 months under the old law. These relief provisions apply to estates of persons dying after December 31, 1970.

An executor will be able to obtain a discharge from his personal liability for the Estate Taxes even though he may have obtained an extension of time for payment of the Estate Tax. Estate Tax returns may be filed with the Internal Revenue Service Center, 3651 S. Interregional Highway, Austin, Texas 78740.

Gift Tax Beginning in 1971, Gilt Tax returns and payment of Gilt Tax will be on a quarterly basis instead of on an annual basis. The quarterly Gilt Tax return and payment of the gilt Tax will be due on or before the 15th day of the second month following the close of the calendar quarter in which the gift was made or on May IS, August 15 and December 15. The tax will be computed on a cumulative basis through the end of the quarter and will be based on the total amount of gifts made through the end of the quarter, less the annual exclusion of $3,000, the other allowable Gilt Tax deductions and the available $30,000 specific exemption.

The Art of Cross-Examination As aptly described by an anonymous poet:

"Not every cross-examination Deserves un stinted commendation.

While you were flying through the air?

How long wefe you unconscious, sir?

Did ho drive sixty or drive ten?

Fifty? Twenty? - Seesaw then.

Why be evasive, Mr. Rich?

You met head-on but which struck which?

Did you observe what cars were there

The answer's hearsay, I concur.

Did you admit you were to blame Before your own adjuster came?

You must not guess but estimate How far you drove and at what rate.

131

What length of time elapsed between The crash and when the light turned green?

Colliding drivers, though in terror, Could minimize judicial error By reading their speedometer, A stop-watch and micrometer."

BILL BOWEN...

A lawyer. Community leader.

Recipient of the "Outstanding LawyerCitizen Award" for 1970-71, presented by the Arkansas Bar Association and the Arkansas Bar Foundation.

An outstanding Arkansan who has made many noteworthy contributions to the Little Rock Chamber of Commerce, Pulaski County United Fund, Urban Progress Association, Arkansas Arts Center, University of Arkansas, Arkansas Bankers Association, Philander Smith College and many other fine organizations.

COMMERCIAL NATIONAL BANK is proud of Bill Bowen.

132

WILLIAM H. BOWEN, PRESIDENT

III

IINII

III

He's our President.

Commercial National Bank of Little Rock MEMBER feOERAl OEPOSIT INSURANCE CORPORATION

133

73rd Annual Meeting PROCEEDINGS JUNE 2-5, 1971 ARLINGTON HOTEL HOT SPRINGS NATIONAL PARK ARKANSAS

The program for the 73rd Annual Meeting is published in the May 1971 issue of The Arkansas Lawyer and is incorporated herein. The Association's Committees for 1971-72 will appear in the September 1971 issue of The Arkansas Lawyer.

The Presiden!"s Report by the Honorable J. C. Deacon, Association President for 1970-71. will be published in the Fall 1971 issue of 11,e Arkansas Law Review. The Appendices to these proceedings, to include all major addresses not published here. will be published in following issues of The Arkansas Lawyer and are incorporated here by reference.

Chairman Guy Amsler, Jr. 73rd A nnual Meeting Committee

President's Reception 6:30 - 8:00 p.m.

June 2,1971

Continuing last year's successful innovation, the President's Reception was held Wednesday evening-and was attended by some 400 members and guests.

The Receiving line included lhe Honorable Edward L. Wrighl, American Bar Association President, and his wife, Rosemary; the Honorable J. C. "Jack" Deacon, Arkansas Bar Association President, and his wife, Dorine; and the Honorable Henry Woods, Chairman, Executive Committee, Arkansas Bar Association, and his wife, Kathleen.

A new feature was added to the reception, Le., music and song by the popular group, "The Common Good". Their renditions of "Raindrops Keep Falling", "San Francisco" and current hits were "'beautifu'''.

Woods. Wrights (Smith). Deacons 134

Awards Luncheon Noon June 3, 1971 'J1le Honorable Earl Lane. Chairman 01 the Arkansas Bar Foundation. presided.

rThe invocation was given by the

Honorable Carleton Harris. Chiel Justice 01 the Arkansas Supreme Court.

Mr. L,we

Chief Justice Harris

Dean Ralph Barnhart. School 01 Law. University 01 Arkansas presented the Law Review Awards.

Tilden Wright. III Best Comment George Kopp .

Second Best Comment Donald J. West Best Overall Writing Dan F. Bullord . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Best Casenote Robert McDaniel Second Best Casenote Dean Barnhart

Association President J. C. Deacon recognized the new special members (lawyers who have attained 75 years of age. have

been admitted to the Bar lor over 50 years. and have been Association members lor over 10 years I: Messrs Guy Amsler.

Walter L. Brown. Aurelle Burnside. James R. Campbell. L. A. Hardin. Bmce Ivy. Roy Penix and J. Nelson Truitt.

0(9/ 7 / Mr. Deacon 135

Chief Justice Carleton Harris presented a Certificate "\n recognition of faithful and distinguished service" to the Honorable Ray Thurnton as Committeeman on

the State Board of Law Examiners. Mr. Roger Glasgow received the award for Mr. Thornton.

Mr. Glasgow

Chairman

Judith

Association's

Rogers

Family

of

the

Law Section

presented a Special Award to the Section's first Chairman. Judge Richard Mobley "For distinguished and continue~ service in the field of Family La\\'.

Mr. James BUllry received the Certificate of the Young Lawyers Section for outstanding service as its

Chairman for 1970-71 from ViceChairman John Lile.

Jlld{{e Mobley

Messrs. Ule. BUlIry

Mr. R. Keith Arman. Chairman of the 4th Annual Golf Tournament. handed out prize to the following winners:

Low gross

Jim 1cKenzie

Higlq!ross __ .. _ Low nPl. firsl place __ Low neL second place

Mr.

Lane presented the

..

Robert L. Jones. III

_

Tom Harper Don Schnipper

1970-7\

"Local Bar Association" Outstanding Bar Foundation Awards given by the Arkansas Bar Foundation and the Arkansas Bar Association "'n recognition and appreciation of this association's excellent and outstanding activities which have enhanced the position ancl standing of

the legal profession.'--

_.

--

OUlstanding Local Bar with more than 30 members-Pulaski County Bar Association. Plaque received by Mr. Wm. H. Bowen.

136

Outstanding Local Bar with less than

30 members-Phillips County Bar Association. Plaque received by Mr.

Eugene Schieffler.

Mr. Edward L. Wright was given a

framed copy of the cover of the "Ed Wright" issue of The Arkansas Lawyer, January 1971.

Messrs. Wright. Bumpers, Lane

IT IS DIFFICULT TO DESCRIBE THE MEMORABLE MOMENTS WHICH ACCOMPANIED THE NEXT FOUR PRESE TATIONS BY MR. LANE.

Mr. H. W. McMillan of Arkadelphia was awarded the Outstanding Lawyer

Award, for 1970-71 of the Arkansas Bar Foundation and Arkansas Bar Association.

Mr. McMillan

Mr. William H. Bowen of Little Rock was awarded the Outstanding Law-

yer-Citizen Award, for 1970-71 of the Arkansas Bar Foundation Arkansas Bar Association.

and

Mr. Bowen 137

Governor Dale Bumpers was given a Special Award "For your contribution to public service in a manner exem路 plifying the highest traditions of the legal profession."

Governor Bumpers

Distinguished Emmeritus Professor of Law Robert Leflar was given a Special Award "For Distinguished Service to the Law'" Professor Leflar

Each recipient received a standing ovation. The Awards Luncheon adjourned at ] :40 p.m.

General Assembly 2:15 p.m.

June 3,1971

The Honorable J. C. Deacon.

President of the Arkansas Bar Association presided.

Mr. Edward L. Wright delivered the keynote address. "Legal Services: Demand and Supply." He received a standing ovation.

Distinguished Floridian Chesterfield Smith spoke on the current problem of "Specialization'" His address was received with a standing round of ap路 plause.

The meeting recessed al 4:00 p.m.

138

Annual Banquet

Mr. J. C. Deacon presided. Monsignor Donnovan of Hot Springs gave the in路

7:30 p.m.

vocation.

June 3, 1971

Governor Dale Bumpers, as the after-dinner speaker, was introduced as the

"President of the Franklin County Bar Association." Following his announced {ormat of "first half humorous, second half serious", Governor Bumpers was tremendously successful on both counts. His "Will Rogen;" humor had the listeners literally holding their sides with laughter. He then commented forcefully on a number of the Association's programs IHis address will be published in the September 1971 issue of The Arkansas Lawyer I. Governor Bumpen; received a standing ovation from all present. A tremendous number then queued up to shake his hand and compliment him.

Governor Bumpers

The Annual Dance followed with the "Lead Hill". While the Arlington may never be the same, the Association's YOlUlger element will attest the "Lead Hill" was all that was promised and a little louder---<>ur older group is still waiting for the "nightclub lype of music". TIle dance was a booming Sllccess.

General Assemblv 10:00 a.m.

June 4, 1971

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

The Honorable J. Stanley Mullin, Chairman of the ABA Clients' Security Fund Committee! spoke on

"Clients Security Fund". f

Mr. J. C. Deacon then gave "The President's Report" (or his tenure

during 1970- i I. Hi Report will be published in the next issue of the Arkansas Law Review. Mr. Deacon received a standing ovation. Mr.

Mr. Mullin

Young then presented to Mr. Deacon the Association's Award for dedicated .lind distinguished service as President, 1970-71.

139

Messrs. Young. Deacon

Mr. Deacon's professional activities literally cover the Record of Service section of his Association's permanent file card. Highlights of his American Bar Association service include Chairman of the Section of Bar Activities, National Chairmnn of thlO' Aw~rd of Mf'rit Committee. Director of the Junior Bar Conference.

Membership Chaimlan for Arkansas and State Delegate. In Arkansas, he has been President of the Craighead County Bar Association, Chairman of the Association's Young Lawyers Section. He is a Commissioner from Arkansas to the National Conference of Commissioners on Uniform State Laws, Chairman of Arkansas Commission on Uniform Stale Laws, Hnd a past member of the State Board of Law Examiners. His record for civic service is equally impressive.

Mr. Dellcon

'J'he meeting recessed at noon.

Luncheon Meeting Noon June 4,1971 The Honorable Karen Gulley. President of the Arkansas Association of Women Lawyers, presided. Past-President Virginia Tackeu gave the invocation. Also at

the head table were Navada C. Roberts, President-Elect of the Arkansas Association of Women Lawyers. Mr. Don Ryan. President of the ATLA Arkansas Chapter. and Messrs. Henry Woods, Paul B. Young and J. C. Deacon.

The Honorable Richard M. Markus. President of the American Trial Lawyers Association. addressed the Luncheon Meeting on 路'No路Fault Insurance."

Mr. Markus

General Assembly

2:00 p.m.

June 4,1971

The meeting recessed at I :45 p.m.

The Honorable James Buury. Chairman of the Association's Young Lawyers Section, presided. The debate was under the Young Lawyers Section's allspices and concerned the controversial issue:

"RESOLVED, laws prohibiting the use of Marijuana by adults. should be repealed, and regulations and restric路 tions of the use of Marijuana should be applied as in the case of alcoholic beverages."

A FFTRMATTVE

Mr. John S. Choate Mr. William R. Wilson NEGATIVE Mr. Richard F. Hatfield Mr. Jerry \V. Cavaneau Messrs Wilsoflll1ld ChOJIle

'l1,e Debate was concluded at 3: 00 p.m.

140

Messrs CllvllIJeau and Hatfield

Business Meeting

3:00 p.m.

June 3,1971

The Honorable Henry Woods, Chairman, Executive Committee 01 the Arkansas Bar Association, presided; and declared that the 73rd Annual Meeting' business session was convened and that the required quorum was present.

1. The Chairman of the Resolutions Committee reported that no resolutions had been received.

2, The second order 01 business was the Annual Report by the Secretary-Treasurer. Mr. Robert O. Ross. Secretary-Treasurer for 1970-7 J, advised that the Association's Auditing Committee had examined and audited his Report as rC<luired

by Article VII 01 the By-Laws; that the Association's books were audited annually by the CPA firm 01 E. L. Cullum and Company; that a surplus 01 about $9,000.00 had been realized during the prior year 01 1969-70; that a projection 01 expenditures lor May and June, 1971 indicated a surplus ollrom $5,000.00 10 6,000.00 would be accumulated during 1970-71 ; that the membership had increased to 1,496, a record enrollment, in addition to some 80 Law Student Division members; that the Executive Committee had met 12 times during 1970-71; and that all records are on file at the Bar Center and available for inspection by any member who desires to do so.

3. The next order of business was the proposed new Constitution and By路Laws of the Arkansas Bar Association. Mr. Ross stated that the required notices had been given to the membership (Article XII and Article XIII, Constitution I. It was noted that the proposed new Constitution and By-Laws were belore the body lor consideration and vote. They were put to question. and were unanimously adopted.

4. The election of officers was next on the agenda.

Mr. Paul B. Young. as current President-Elect, will automatically succeed to the position 01 President on July I, 197 I. Mr. Young has an outstanding record for Bar and Civic service. He was Vice~ Chairman and Chairman of the Arkansas Bar Foundation. and Chairman of the

1970 Annual Meeting Committee. He is a member 01 the Association's Executive Committee and has served on numerous other committees. He was on the Arkansas Supreme Court's Committee on Jury Instruction. He served on the

Pine Blu1l School Board lor ten years and is immediate Past-President 01 the Pine Blul! Chamber 01 Commerce.

Mr. Young

Mr. Henry Woods has been duly nominated for Vice路President and was formally before the body as the only nominee for the office. Mr. Woods was unanimously

elected Vice-President.

Mr. Woods has a remarkable and varied legal career. A.B., 1938; and LL.B. (Cum Laude!. 1940, Arkansas. F.B.I. Special Agent, 1941-46. Releree in Bankruptcy. 1947路48. Executive Secretary to Governor 01 Arkansas, 1949-53. Past Chairman. Executive Committee of Pulaski County Bar Association. Past President. Arkansas Trial Lawyers Association; Special Associate j lIstice, Arkansas

Supreme Court, 1967. Member of many Association Committees and Arkansas Supreme Court Committee on Model Jury Instructions (Civil). Associate Editor of American Trial Lawyers Association Journal and Editor of its "Brief"; writer of eight law review articles. He has served as Chairman of the Association's Executive Committee during 1970路71.

Mr. Woods 141

Mr. Robert D. Ross was nominated to succeed himself ~IS Secretary-Treasurer. and was elected to the office by unanimous vote.

Sinc'p his admission to prartirf" in thp Arkansas Bar and membership in the Association in 1961. Mr. Ross has been Chairman of the Association's American Citizenship Committee in 1964-65. Chairman of the Membership Committee in 1966-67. Chairman for the 1968 "Bridging the Gap Seminar" under the auspices of the Young Lawyer's Section, and Chairman of the Judicial Council Liaison Committee for 1969-71. He served as Secretary-Treasurer of the Arkansas Bar Association in 1969-71.

Mr. Ross

Mr. Jnm("s E. \Vest will serve as Chairman of the Association"s Executive Committee for 1971-72.

Mr. "lest has {riven much of his considerable talent and time to Bar work. I-Ie is Vice路 President. Arkansas La" Heview. He is a Past President. Sebastian County Bar Association. He is a P~lst Chaimlan of the Arkansas Bar Foundation. His Association duties have included the Chairmanships of the following-Con(erence of Local Bar Associations. Mid-Year Meeting. Economics of Law Practice. Anlllwi Leg-a I Checkup. Oil and Gas Institute. and Membership Committ(,(,8. plus nwmbcrshil> on various Committees. including the Executive Commit路 tce. Ilt~ has been an activ(' participant in various scmimlrs as speaker ancl pan拢>lisl. and a contributor to the Desk Book .

.\1r. West It is pertinent to note here that Messrs. Stephen A. Matthc\\s. Ed"ard Lester and Philip Andf'fSOn \\f're f'lected to sene as Chnirman. Vice-Ch~lirnHln find Sf'f'retary-l'reasllrer of the Arkansas Bar Foundation for 1971-72. respectivel).

l\1r. Matthews

Mr. Lester

Mr. Anderson

Mr. J. C. Deacon. retiring Association President. presented to Mr. Pmtl Young a wooden gavclmade from Arkansas wood ancl inscribed "Paul B. Young, President 1971-72. Arkansas Bar Association". The gavel waS furnished by Association Past Presiclent Courtney C. Crouch. Mr. Young responded. \Vhereupon. there being no further business. the 73rd Annual MeNing of the Arkansas Bar Association was r!ec!ilrf'd mljourned at 3:45 1'.111" June 4.1971.

142

President Elect's Reception 4:00 p.m.

June 4,1971

The President-Elect's Reception, honoring Paul and Marcella

Young. was held on the poolside deck. Some 300 members and l!uests attended the affair.

The Youngs

APPENDlCES I. "Legal Services: Demand and Supply" by Mr. Edward L. Wright II. "The President's Report" by Mr. J. C. Deacon Ill. "Specialization" by Mr. Chesterfield Smith IV. "Client's Security Funds" by Mr. J. Stanley Mullin

V. "No-Fault Insurance" by Mr. Richard M. Markus VI. "The Marijuana Issue" Debate

Note: The President's Report will appear in the Fall Issue of the Arkansas Law Review. The other addresses and debate will appear in The Arkansas Lawyer.

143

PHOTO

Hiqhlights 73rd Annual Meeting Arkansas Bar Association ' June 2-5, 1971 Arlin~ton Hotel Hot Sprin~s, Arkansas

• •

Admissions Ceremony Arkansas Supreme Court April 19, 1971 "1 do solemnly swear: I ,,"ill sllppon the Constitution of the United States and the Constitution of the State or Arkansas; I will maintain the respect due to Courts of Justice and judicial officers: 1 will not counselor maintain any suit or proceeding which shall appear to me to be unjusl. nor any defense except such as I believe to be honestly debatable under the law of the land.

I will employ for the purpose of maintaining the causes confided to me such means only as are consistent \\ ilh truth and honor; and will never seek to mislead the judge or jury by any artifice or false statement of fact or law; I will maintain the confidence and preserve inviolate the secrets of my client. and will accept no compensation in connection with his business except from him or with his knowledge and approval; I will abstain from all offensive personality. and advance no fact prejudicial to the honor or reputation of a party or wit路 ness. unles required by the justice of the cause with which I am charged; I will never reject. for any consideration per onal to myself. the call e of the defenseless or oppressed. or delay an) man's cause for lucre or malice. So help me God."

The Great Seal

Bar Dignitaries

""I so swear"

Swearing.in

Guests-Applicants

Bar Briefing 148

Tax Angles of the London Meeting . ..

Deduction of a Lawyer's Convention Expenses: Principles and Pitfalls

By Alex ]. Soled (Editor's Commeflt:-Some 200 members of the Arkclnsas Bar Associulioll. ll!Oflg with l1Ulll)"'of their families. witl be attending Ihe ABA Meeting in London. July 14-20. /971.

We appreciate the permission of Mr. Soled IlIld Ihe Mary/and Slale Bar A.<sociation to republish this timely article. which just llppeared in the JanulIIlCY /97/ issue of the MarylllOd Bar Journal. Mr. So/eli i.~ aTl associate of the Frank. Bernstein. Conaw(IY &Goldmull law firm of Bajtimore. i\!lt:lrylund: author of mlWY lax articles: lecturer. N. Y.U. Tax Institute: Chairman. ABA Subcommittee on TclX Liens und Collection Procedures: and memlJer of many Bllf groups. His article Wil!l documented with 27 foot flotes. which were not printed by the l\1urylcmd Bilr Journal for spuce reao

:'Wns. )

A substantial number of lawyers have shown an interest in attending the 1971 American Bar Association convention in New York and London.

Many will be prolonging their trips abroad by taking pre- or post-convention tOlLrs. entirely unrelated to the convention.

As a result. questions are being asked as to the deductibility. lor income tax purposes. of the expenses 01 attending the convention and the tours. whether alone or accompanied by a spouse. Since the principal portion of the convention will be held abroad. the question has also risen as to what effect. if any. this factor has on the allowability of any deduction.

The deductibility of the expenses incurred in attending the convention. is governed primarily by the provisions of Section 162 of the Internal Revenue Code 01 1954. This section

-provides. inter alii!. for the deduction of all ordinary and necessary expenses which are paid or incurred in carrying on any trade or business.

The expenses of attending a convention or other meeting. "may constitute an ordinary and necessary expense tmder seclion 162 depending upon the facts and circumstances of each case... rThe allowance of deductions for such expenses will depend upon whether there is a sufficient relationship between the taxpayer's trade or business and his attendance at the convention or other meeting so that he is benefiting or advancing the interests of his trade or business by such attendance."

YlIgo"lavia Trip Di.sllllowed It is clear that where a practicing lawyer attends a convention of the American Bar Association. since it is proximately related to his trade or business (his legal practice), the expenses of attending the convention are deductible. 'ne deductibility 01 such expenses is in accord with the allowability of a df'duction for expenses in attending a professional or trade convention by other professionals and others. A revenue ruling held that the test lor allowance 01 deductions for convention expenses "is met if the agenda of the convention or other meeting is so related to the taxpayer's position as to show that attendance was for business purposes'" No doubt the agenda 01 the American Bar Association convention in 1971 will meet this test.

It should be noted however. that in Alexaflder P. Reed. 35 T,C. 199 11960 I, the court disallowed the expenses of a lawyer attending a convention in Yugoslavia of the International Law Association of

149

which he was a member. The taxpayer was a lawyer who had a local and domestic practice in Pittsburgh. The Court stated that the taxpayer failed to show any actual or potential business benefit. economic or otherwise. which resulted or might proximately result lrom his attendance at the conference: in other words. that his attendance at the convention was not proximately related to his trade or business.

When a deduction is allowed. the statute and regulations allow all expenses including traveling expenses. which are defined to include travel fares, meals and lodging. and expenses incident to travel. There is no requirement as to the type of transportation to be used. just that it be "reasonable and necessary." I t would appear that the cost '01 traveling by ship rather than by plane would be considered "reasonable and neces路 sary'" In RI/lph S. Cannon. the Tax Court. allowing the expenses of a geologist in attending a convention of the International Geological Congress in Denmark. included in such allowable expenses. based on the Internal Revenue Service's concession, the expenses of travel by ship to and from Europe. (The taxpayer here resided in Denver, boarded the ship in Florida and disembarked in Lisbon.) Mertens. in his Law of Federal Income Taxation, 搂 25.92. states that the actual lares paid lor travel by ship. among other ways. would be allowable. On official Treasury Form 2106. which is a Statement 01 Employee Business Expenses, provision is made for listing the fare for travel by "boat. ,- Considering the foregoing authorities. the fact that the dicContinued on page 150

Continued from page 149

tionary defines a "boat" as a "'ship", and that the regulations state that no distinction will be made between selfemployed persons and employees for purposes of deductibility of trade or business expenses. there appears to hf" no prohibition against traveling by ship. so long as the expense is reas<mable and necessary.

BOlh Business unll Personal Activities The regulations state that "If a taxpayer travels to a destination and while at such destination engages in both business and personal activities, traveling expenses to and from such destination are deductible only if the trip is related primarily to the taxpayer's trade or business. If the trip is primarily personal in nature, the traveling expenses to and from the destination are not deductible even though the taxpayer engages in business activities while at such destina· lion. IItalics supplied). Whether the trip is primarily personal in nature (thereby invoking the sanction of nondeductibility of all travel expensesl, depends on the facts and circumstances. "If. for example." (the regulations provide!. a taxpayer spends one week while at a destination on activities which are directly related to his trade or business and subsequently spends an additional five weeks for vacation or other personal activities, the trip will be considered primarily personal in nature in the absence of a clear showing to the contrary..• 1nis example and the regulations. unfortunately. are ambiguous. Is the deduction denied because of the disproportionate amount of time spent on vacation. or because the vacation was spent at the same location where the business was transacted '!

It is submiued that the thrust of this regulation apparently is to prevent someone from taking a vacation. and also incidentally spending some time on business with the hoped for result of having a deduction for all the travel expenses. In Rev. Rul. 56-168 the holding was that where taxpayer made a business trip. and as an incident thereto engaged in sightseeing and recreation. the travel expenses father than the sightseeing and recreation portion I were deductible; but where the trip was primarily per· sonal and taxpayer engages in incidental business activity. the travel expenses were not deductible.

Denli,')l Loses. iWedical,Wan Wins Two recent cases lend support to the above-stated conclusion. [n Floyd Gilbert Bickel. 1/. 25 T.C.M. 1037 f 19661. a dentist. whose specialty was pain control. took a 3·month world tour with his family. Taxpayer tried to arrange to lecture before professional dental groups whenever he was in a country. but in fact did so only in 1anila which concided with the time when his tour was in that city and the dental society then met. Had taxpayer really taken a business trip. the court stated. "he would have arranged to be in a certain city at a time when he would be invited to lecture there and would have gone at a time when the dental schools were open so he could visit with the professors:' As it was. he only lectured when it could con· veniently coincide with his pleasure trip.

In lJuncilll ,.. Book· waller. 63-1 U.S.T.C. Paragraph 9415 IU.S.D.C..

Mo.. 19(.:31. a medical ,Ioclor and his wife went on ,) worl{1 trip to study the problem of alcoholism. 111e doctor specialized in the treatment of alcoholic addiction. He also owned and. with his wife. operated a clinic that treated patients with alcoholic addiction. The court found here that. except for incidental and minimal aspects. the entire trip was devoted to the purposes of research and education: the trip was not vacation orien· ted but their travels were for business purposes. The Court allowed the expenses of the -doctor. and his wile. who managed the clinic.

The implication or suggestion arising from the statement made by the U.S. Supreme Court. as dictum. when dismissing a writ of certiorari as improvidently granted. is that the tax consequences of a trip combining business and pleasure turn upon the "dominant motive and purpose" in making the trip. C. Rudolph l'. U.S. 370 .5. 269 119621.

For the lawyer who has always been active in bar association activities. perhaps attended national or local bar conventions in the past. and takes a two week vacation coupled with the London vacation. the likelihood that there will be a finding that the dominant purpose and motive in taking the trip was personal (or that it was primarily personal I. and therefore. that the travel expenses are non-deducti· ble. is undoubtedly minimal. On the other hand. the lawyer who never evi150

denced any interest in bar actiVities. or perhaps joined the American Bar Association this year. after having been admitted to practice for many years. and takes his entire family. traveling by ship. to the convention, spends four or five weeks vacationing. the risk is obviously greater thal all of the travel expenses will be disallowed as being primarily personal. and not motivated by business reasons.

Based solely on the example in the reb'l.llation. taking a vacation at the destination would taint the motive for taking the trip. It would therefore be prudent to avoid taking pre- or postconvention vacation in London.

Query: Would a tour of the British Isles he considered the same "destination" as where the conventIOn occurred'!

Specific LimilMions on Deduclions Where Foreil!n Travel is Involved Section 274 of the Internal Revenue Code provides, in pertinent part. that where individuals engage in foreign travel while away from home in pursuit of a trade or business, those expenses which, pursuant to regulations. are allocahle to non-trade or non-business activities shall not be deductible. TI,e provisions of this section are applicable only if (I) the travel expense is otherwise deductible under section 162 lor section 2 I 21.

1111 the total travel outside the U.S. exceeds one week. and (I IIi the nonbusiness travel constitutes 25 per cent or more of the total time on such travel.

The regulations give an example of a self-employed professional man who flew from New York to Denmark to attend a professional association's convention. Two weeks were spent on vacation in Europe and one week at the convention. Since a seU·employed taxpayer is generally regarded as having control over his business trip. unless he can establish that obtaining a vacation was not a major considera· tion in determining to make the trip. the disallowance mles apply. It would appear then. that if the lawyer were chairman of a committee. or a scheduled speaker. he would neither have substantial control of the trip. nor wou lei it be considered that a major or dominant consideration of his making the trip was the taking of a vacation. Implicit in this example is that there is no prohibition against deductibility of expenses in attending £onventions held in foreign cOllntries,

confirmed too by Treas. Regs. S 1.2744 promulgated following the enactment of P. L. 88-272.

The example imposes On the laxpayer the burden of eSlablishing that a major consideration in attending the convention was not the taking of a personal vacation.

If allocation of travel expenses is required in the absence of there be· iog an exception to the basic nile l. the formula set forth by the regulations is to multiply the total of the tra,,1 expenses by the ratio of the number of nonbusiness clays during travel to the total of business ancl nonbusiness clays. For this purpos('. travel time to mul from the London portion of the convention. would b(' considered part of busilless time. ('\,(>11 though thr return trip is (rom the nonbusiness activity: also. the number of clays spent in the nited States for the Nc\\ York part of the convention. or for vacation in the nited States, is immaterial.

Deduction of Wife's Expenses

n.e..

Expenses attributable to a wife's travel expenses are not deductible unless it can be shown that the wife's presence on the trip has a boml fide business purpose, 'n1e performance by her of some incidental service will not justify deducting her expenses; nor will her accompc.lIlying him to a luncheon or dinner establish the business purpose.

In Cornelills V8llderbilt. Jr.. 16.

T.C.M. lOKI 119571. the taxpayers wife shot and edited 30 per cent of the film used for his lectures. It was held that her presence did not serve a bona fide business purpose. In one ea e involving- the wife of an Illinois insurance man who accompanied him to a 4-da\ insurance convention in Coloracl"a. the court charged the jury that her ("xpenses were deductible if she was actively engaged in the plaintiffs business ancl her presence \\as necessary at the convention: as dis· tingui hed from thf' help that a wife normally provides her husband. In Disney V. U.s.. the president of the Walt r>isney studio had his wife aecompan~ him on .four business trips. three abroad and one in the .5. The court allowed the wife's expenses since her presence invites additional publicity and enhances the image of the compan~ as a disseminator of family entertainment. In affirming. the Court of Appeals limited the district court's holding to that case's particular facts.

On the basis of the foregoing. it would appear that generally. the ex· penses of a wife who accompanies her lawyer-husband to the London convention would not be deductible as 8 bona fide business expense.

A Bon VOyJ,ge Note Regardless nf the deductibility of all. part. or none of one's (including his wife'sl lraveling expenses in attending' the American Bar Association J971 l'On\ention. expenses for food

and lodging while in London at the convention are deductible. Also, to the extent that one's own expenses are allowable. even if his spouses expenses are not allowable. the cost of the single rate for transportation and lodgin~ is deductible.

In addition. the expenses of entertaining one's fellow lawyers and their wives eluring the convention are deductihle. So. see you in London. bolloms-up. and the next drink (while at the convention. of course) i on me .

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