~

ArkansasLawyer

First Federal Savingsof Little Rock

(

Congressman and Mrs. Wilbur Mills and their granddaughter, Stacey Yates.

First Federal Savings salutes Congressman Wilbur Millsand his family. Mr. Mills has not only representedhis District and his State ably and with distinction but has achieveda unique position of national prominence. Arkansas is proud of Con·gressman Mills. We are proud to be one of his constituents; and wejoin all Arkansans wbo now salute him.

MARCH,1972VOL. 6 NO.2

THE OFFICIAL PUBLICATIONOF THE

ARKANSAS BAR ASSOCIATION

OFFICERS

Paul B. Young, PresidentHenry Woods, Vice-PresidentRobert D. Ross, Secretary-Treasurer

EXECUTIVE OIRECTOR

C. E. Ransick

EXECUTIVE COMMITTEE

James West, ChairmanPhillip CarrollJames B. Sharp

Lynn WadeDale PriceJohn Mann

Ex-Officio

Paul B. YoungHenry WoodsRobert D_ Ross

John LileJ_ C. DeaconJames B. BlairStephen Matthews

Louis L. Ramsay, Jr.

EDITORIAL COMMITTEE

Robert D. Ross

Philip E. DixonC. E. Ransick

(§Ie

ArkansasLawyerSPECIAL FEATURES

Some Reflections on the Stateof Our Legal System Wilbur D. Mills 68

"Law for Everyone" Seminar 59

The Challenges Are Being Metin Arkansas ......................•..... Tom C. Clark 64

Law Lovers Et AI . .. Wilbur D. Mills 54

19th Mid-Year Meeting -Standards Workshop III PHOTOS .................•.... 60

District Delegates Map 40

Legal Specialization - Current Developments Withinthe Organized Bar Chesterfield Smith 41

REGULAR FEATURESCover Story , Joe Purcell 50

President's Report Paul B. Young 39

Juris Dictum C. R. Huie 48

Law School News ....•............. Robert Brockmann 57

Oyez-Oyez .................•............... B. Ghormley 38

Published bi-monthly by the Arkansas BarAssociation, 408 Donaghey Bldg., LittleRock, Arkansas 72201. Second class pos­tage paid at Little Rock, Arkansas. SUb­scription price to non·members of theArkansas Bar Association $6.00 per yearand to members $2.00 per year includedin annual dues. Any opinion expressedherein is that of the author, and notnecessarily that of the Arkansas BarAssociation, The Arkansas Lawyer, orthe Editorial Committee. Contributionsto the Arkansas Lawyer are welcomeand should be sent in two copies to theArkansas Bar Center, 408 Dona9heyBldg., Little Rock, Arkansas 72201.

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

37

Treas., Talbot Feild, Jr., NortheastArkansas Bar Association elected newofficers: President, Mitchell Moore;Vice-President, Edward Maddox; Sec­Treas., C. David Burnett. The NorthPulaski County Bar held a successfulget acquainted gathering with guestsfrom the Jacksonville, Sherwood andNorth Little Rock Chamber of Com­merce. The Jofferson County Bar hasappointed a committee to investigatethe workings of the bail bond systemin their county. The committeemenare: Municipal Judge Charles S.Goldberger, C. Wayne Matthews,George Howard, Jr., and Stephen A.Matthews. Jefferson County is alsostUdying proposals on no-fault in­surance. Craighead County Bar madeno-fault insurance a topic for discus­sion during their January meeting.Sebastian County Bar is sponsoring aseries of lectures "Law for Everyone,"which is co-hosted by the WestarkJunior College. This series of lec­tures. which began in January andcontinues through May 23, is chairedby Judge Warren Kimbrough. For fur­ther information as to group leadersand their topics, contact your countybar association president, as a copyof the program was sent to each ofthem. A Northwest Arkansas LegalEconomics Seminar is being plannedby the Sebastian County Bar. Mem­bers of the Washington County Bardonated money to purchase Christ­mas gifts for the local youths in thetraining schools. The new officers forthe Columbia County Bar are: Presi­dent, Ark Monroe; Vice-President,Larry Chandler; Sec-Treas.. Harry B.Colay. A cash gift was also given bythe Columbia County Bar for the boysof Magale Manor to purchase Christ­mas gifts. Ouachita County Bar metwith the Ouachita County MedicalAssociation to get better workingrelationships. Meetings with the Oua­chita County Public Health Authoritiesand the county bar are also plannedto form committees to work with thejuvenile court. A joint meeting of theSt. Francis, Monroe, Lee, Woodruffand Phillip County Bar Associationswas held February in West Helena.Topics and speakers were: "YourPublic Relations is Showing," JohnGill; "New Constitution and By-Laws,"

Dick Hatfield; "Legal Economics,"Mitchell Moore; and "No-Fault."Henry Woods. The Law Day Commit·tee, Jay W. Dickey, Jr., Chairman,met during the Mid-Year Meeting todiscuss plans for Law Day, May 1. JimRoss, Jr., Chairman of the Constitu·tiona I Reform Committee, met with hiscommittee to consider the three con­stitutional amendments, one being tolower the voting age to 18.

Ben Core

Harold Halt

Warren Kimbrough

By B. Ghormley

Henry Woods, Little Rock. spoke atthe Southwest Arkansas Bar Associa­tion February meeting on Productsliability. Virgil Butler, Batesville, wasa speaker at the January meeting ofthe Historical Society telling of hispast years in practice. James B.Sharp spoke to the Brinkley RotaryClub of his trip to London for the ABAmeetihg. Louis L. Ramsay, Jr., PineBluff, has accepted appointment as1972 Crusade Chairman for the Arkan·sas Division of the American CancerSociety. D. B. Bartlett, Clarksville,was given a birthday cake on his 915tbirthday and also to celebrate his 57thyear of practicing law. John Gill, LittleRock, spoke at a luncheon of theSebastian County Bar concerningpublic relations. Harold L. Hall, LittleRock, is the charter President of theArkansas Association of Criminal De­fense Lawyers, organized January 13,1972, with James R. Howard, Vice­President; Floyd J. Lofton, Secretary;Henry J. Osterloh, Treasurer. BenCore, Fort Smith, has been appointedto a 7-year term to the Supreme CourtCommittee on Professional Conduct.Jack Holt, Jr., Little Rock, has beenreappointed Chairman of the ABAStanding Committee on Lawyers inthe Armed Forces. Eugene Mazzantiis now associated with the Little Rocklaw firm of Bailey, Trimble, Holt &Thomas. The law firm of Coleman,Gantt, Ramsay & Cox, Pine Bluff, an­nounce the addition of these partnersto the firm: F. Daniel Harrelson, M.Jeff Starling, Jr., and Michael W. Mit­chelt. Daily. West, Core & Coffman.Fort Smith, announce that Jerry Can­field and Thomas A. Daily have be­come members of the firm. C. RichardCrockett and James M. Bryant 11 havebecome partners in the law firm ofEichenbaum, Scott & Miller, LittleRock. and James E. Darr, Jr. an asso­ciate. William F. Sherman, formerArkansas Securities Commissioner. isnow associated with Cooper Jaco­way, now Jacoway and Sherman, forthe practice of law in Little Rock. KenJohnson has joined the Dumas lawfirm of Gill and Clayton. BAR ACTIVI­TIES: The Southwest Arkansas BarAssociation has elected their '72 offi­cers: President, W. H. Arnold, III;Vice-President, F. Embry Pickett; Sec-

38

BIPOITBy Paul B. Young

You have read a great deal of discussion in the pressconcerning the petition filed by the Executive Committeeasking the Arkansas Supreme Court to adopt rules that willgovern the release of information in criminal cases. Thecomments by some of the news media people indicateeither that they have not read the proposed ru les or theyare misinterpreting their purpose and effect.

Freedom of the press is one of the ten rights guaranteedby the Bill of Rights. Right to trial by an impartial jury isanother. The petition filed with the Supreme Court is theresult of efforts of a joint committee of lawyers and judgesworking to develop uniform court rules that will insure adefendant receives a fair trial, while preserving the public'sright to know. They are based upon a statement of prin­ciples drafted by a joint committee of Arkansas lawyers andnews media representatives on which William S. Arnold, aformer president of the association, and Robert S. McCord,Editor of the editorial page of the Arkansas Democrat, ser­ved as co-chairmen.

The rules would not even apply to actions of the newsmedia with the exception of the prohibition against anyonedeliberately attempting to influence the result of a trial byexposing to prospective jurors improper information wherethe attempt to interfere with a trial seriously threatened tobe successfu I. A reporter wou Id have a right to say or printanything he wanted to either about a suspect or anycriminal proceedings after it was completed.

The Arkansas Bar Association has had a committeeworking on this subject since soon after the adoption bythe American Bar Association in 1968 of principles relatingto fair trial and free press as a part of an ABA project toestablish minimum standards for criminal justice. TheArkansas Bar Association is by no means establishing anyprecedent in seeking to establish rules of this type. Theconcept of such limiting standards has been endorsed bynational news media groups throughout the United Statessuch as the American Society of Newspaper Editors, theRadio-Television News Directors Association, the NationalAssociation of Broadcasters and the Associated PressManaging Editors Association. In fact compacts settingforth guidelines are in existence between bar associationsand news media in more than half the states.

1 am hopefu I that any member of the association who hasany questions concerning this action on the part of theassociation will get a copy of the rules and of the petitionand decide for himself about their reasonableness andpropriety.

*****The National Conference of Bar Presidents, which meets

immediately prior to the American Bar Association Annualand Mid-Winter Meetings, is a most helpful educationsource for bar association presidents and presidents elect.At New Orleans in February, the conferees heard presen­tations and then discussed such SUbjects as barassociation responsibility in curbing trial disruption,whether or not bar associations have a role in public andsocial problems, the improvement of disciplinaryprocedures within the profession, current changes in legaleducation and legal internship.

Another SUbject that was discussed at the conference isthe problem of terminating the services of bad or im­competent judges both in the state and federal judiciary.Just as in the case of the lawyer needing discipline, thesituation of a bad or incompetent judge or of conduct onthe part of the jUdiciary which merits censor is very rare butwhen it does occur generally there has been no adequateprocedure to cope with the situation. Impeachment reallyamounts to no remedy at all as a practical matter. Onespeaker at the conference pointed out that Thomas Jef­ferson recognized this in his day when he made the ob­servation that the threat of impeachment was not even ascarecrow in the field of judicial restraint. Severalassociations which reported developments in this area toldof a procedure which resembled the court on the judiciarycontained in the constitution which was voted on in Arkan­sas a few years ago.

As has been the case in Arkansas, the matter of lawyerdiscipline has been much on the mind: of the legalprofession all over the country during the last year and thiswas one of the main subjects discussed at the conference. Iwas glad to report the measures taken in Arkansas whichhave resulted in establishing a full time disciplinary office.Our state does not have to take a backseat to any otherjurisdiction when progress in this field is compared.•

o.,.

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"4OISON '1...~,----TI -A~TDeI

Legal Specialization-Current DevelopmentsWithin The Organized Bar

-Chesterfield Smith

Recognition and regulation ofspecialization in the practice of law isnot a new subject for the legalprofession, nor for the American BarAssociation. In 1954, the House ofDelegates adopted a resolution ap­proving in principle the necessity toregulate voluntary specialization inthe various fields of the practice of thelaw; and approving the principle thatin order to entitle a lawyer torecognition as a specialist in a parti­cular field, he should meet certainstandards of experience andeducation. Thereafter, several effortswere made to implement that reso­lution without success.

In August 1967, The Board ofGovernors finally established aSpecial Committee on Specialization,directing it to assemble and study in­formation relevant to all aspects ofvoluntary specialization, and if thecommittee should determine that thepromulgation of a plan of voluntaryspecialization was desirable, toprepare a plan in various fields of thepractice of law for the considerationof the House of Delegates. That com­mittee, upon which I served for twoyears as Chairman, presented aRecommendation and Report at the1969 Midyear Meeting which wasadopted and approved.

While recognizing that regulation ofspecialization in the law practice mayincrease the availability of legal ser­vices to the general public, the Reportof the Committee acknowledged thatsuch regUlation will also create cer­tain problems for both the public andthe legal profession. Based upon therecommendation of the Committee,the House of Delegates there con­cluded that the determination ofwhether to promulgate a uniform ornational plan for the regulation ofvoluntary legal specialization shouldbe delayed until experimentalprograms for the regulation ofspecialization have been conducted atthe state level. Today I will advancewhat I believe to be the motivating in­fluences which led the House ofDelegates to that conclusion.

Jack of all Legal TradesEven though many lawyers still at

least pay lip service to the conceptthat a lawyer can be a jack of all legaltrades, in fact modern lawyers cannot

(Editor's Note: - Mr. ChesterfieldSmith was just elected President-Electof the American Bar Association - soit is particularly fitting that we publishhis text at this time. He is also PastChairman of the National Conferenceof Bar Presidents and first recipient ofthe "Distinguished Floridian" Awardby the Florida State Chamber of Com­merce. On June 3, 1971, he addressedthe 73rd Annual Meeting of the Arkan­sas Bar Association on Specializa­tion.)

be fully proficient and efficient inevery field of the law, and mostlawyers now clearly accept that factby self-imposed restrictions on theirown practice. But the organized baras it is now structured does notacknowledge that fact. To put it blun­tly, the organized bar persists inregarding all lawyers as equal, whenin fact as we all know some lawyersare just "more equal than others".Blindness to this fundamental andpervasive fission in my judgmentinhibits the effective action demandedof the organized bar by consumers oflegal services with respect to theproblems of lawyers' competence.

Some degree of specialization isproperly an existing necessity ofmodern law practice. Specializationpermits the lawyer to make the mostefficient use of his time, skills, andknowledge. The complexity of oursociety and the increasing partici­pation therein by government make itclear that no individual lawyer will

41

ever again be proficient in the per­formance of all legal tasks. Our ever­expanding economy will inevitablylead to an ever-increasing pattern ofspecialization by practicing lawyers ina limited number of the various fieldsof the law practice. An increase in thenumber of lawyers who specialize inand of itself wou Id improve the overallquality of the total services renderedby lawyers to their clients, simplybecause those lawyers who specializewill have an opportunity to con­centrate their experience and theircontinuing legal education.

CertificationIf a lawyer is to specialize in one

field of the law, it is hardly arguablethat he should meet certain minimumstandards of experience andeducation in that one field of the law.Certification by a competent authoritymust be an integral part of any com­plete plan or program ultimatelypromUlgated to regulatespecialization in the law practice. Abar-represented expertness, or even abarcountenanced self-certification ofexpertness, that does not in fact exist,would be far worse in its effect uponthe public image of the organized barthan any of the present detriments tothat image attributable to the non­regUlation of specialization. Certainlyall lawyers recognize that the at­tempted performance of professionalservices by lawyers who are in­dividually incompetent to performsuch services brings disfavor on thelegal profession as a whole.Self-recognition of special proficiencywhich is not verified and factual is notthe ultimate answer, nor is it even nowan acceptable substitute for certifi­cation. The major difficulty with self­certification, apart from the case ofthe lawyer of little integrity and no ac­tual expertise who will claim expertisefor self-aggrandizement, is with thelawyer who honestly believes that heis qualified for specialized practicebut who wou Id be rated as a novice bythose lawyers clearly entitled to ac­creditation as experts. If the publicimage of the organized bar is to beunblemished, lawyers as a group mustexercise a high degree of respon­sibility to those far less informed

Continued on page 42

Continued from page 41

members of the general publicseeking a lawyer and who rely or maytend to rely upon what may be a falseclaim of special proficiency.

Lawyers who undertake legal ser­\-ices which they are individually in­competent to perform lend credenceto the claim of lay groups that at­tempts by the bar to deter theunauthorized practice of law byspecialized laymen is motivated solelyby the economic self-interest of thecomplaining lawyers. If the organizedbar can provide an effective methodwhereby the public, or general prac­titioners on behalf of their clients, canidentify and select competent legalspecialists, the chance that personsneeding legal services will turn towell-pUblicized specialized laymen,rather than to lawyers, will beminimized.

Many lawyers find it hard to acceptthe fact that their accessibility topotential clients may be a problem.They contend that their doors areopen to anyone who wants to walk in;their names are in the telephonebook; they are accessible. But in thefield of legal services, as in fewothers, accessibility to a lawyer meansmore than just being open for

business. Many middle-class peopledo not know a lawyer personally, andchoosing an unknown lawyer "cold",either from the Yellow Pages or bywalking into a random office, may bean impossibly forbidding prospect. Ina very real sense, the big city lawyerin his downtown offlee is inaccessibleto most people. And even the smalltown lawyer might be surprised at thebarriers that exist between himselfand prospective moderate-incomeclients. As lawyers, we shou ldacknowledge that people as a generalrule prefer not to utilize a lawyer evenwhen they recognize that a lawyercould help them solve their problems.

Image of CompetenceAccessibility to a lawyer by a per­

son who has a legal problem meansbeing able readily to find a lawyerable to provide the particular servicesthat his problem requires andsomeone in whom he has confidenceto perform that particular service. Theselection of that lawyer does presentserious difficulties to people ofmoderate means, who often do nothave and cannot obtain the know­ledge essential to intelligent selectionof the proper lawyer. It seems to methat lawyers have failed to maintain, atleast in the eyes of people who mightbe properly styled as the average man

whO occasionally needs a lawyer butis not utilizing one, what might becalled an "image of competence".

The medical profession provides auseful analogy. Most of us who areold enough to remember the old­fashioned general medical prac­titioner no doubt still harbor somefeelings of nostalgia about him. Hewas the wise, skilled healer. Kind,gentle, and unhurried, he was friendand counselor as well as doctor. And,or course, he made house calls. Butwhere is he today? And, what is moreimportant, how many of us wouldreally have him back - if we had togive up today's highly trained medicalspecialists in return? When a pedia­trician refuses to come to the house atmidnight to see a child with a slightfever, we might think we would preferthe old generalist. But would we reallychoose him rather than a competentradiologist to examine an X-ray fortubercular lesions? And who wouldtrade open heart surgery and cornealtransplants for the old-time doctor'sbedside manner?

The point, obviously, is that byhonestly admitting, primarily throughthe training and certification ofspecialists, that the field of medicineis too vast for complete mastery byanyone doctor, and by elevating the

When we close a deal we closeour mouth.Stephens, Incorporated. Little Rock.Investment Bankers.

42

standards of all medical training andpractice, the medical profession hasdeveloped and offers real and un­mistakable competence to the public.Doctors have thus created an "imageof competence" based on actual com­petence that effectively disposes ofmost of their competition problems.The modern doctor, be he generalistor specialist, may be cold or aloof. Hemay be somewhat inaccessible. Hemay appear expensive, though he isnot necessarily overpriced in relationto the value of the value of the servicehe performs. But he has no real com­petition; not because of proscriptivelaws - although, of course, they exist- but because most people todaysimply would not think of goingelsewhere to obtain the sophisticatedservices he offers. As one resu It, themedical profession's unauthorizedpractice program has quite a differentcharacter from that of the bar.

But what about the legalprofession? When the person ofmoderate means thinks about plan­ning for his family in the event of hisdeath, will he not be likely to turn tohis life insurance agent or his bankrather than to a lawyer? When he buysa house, will the thought of consultinga lawyer even enter his mind, or willhe rely unquestioningly upon his

realtor and the title insurance com­pany?

Tax PracticeSpecialization is related to pro­

fessional competence. Let us look atthe field of taxation. When an in­dividual citizen thinks about com­petent assistance with tax problems,does he think about lawyers? Almostsurely not; he is more apt to thinkabout one of the commercial incometax services or about a certified pUblicaccountant. The bar has long had taxspecialists, of course, but their ser­vices have been primarily for businessand property clients; they have neverbeen available to all of our people toany significant extent. In fact,professional restrictions have preven­ted lawyers from offering special taxskills to the general public in any ef­fective manner.

As a result, accountants havemoved solidly into tax practice, andthe bar has resorted to a running bat­tle with accountants to try to maintaina line of some kind between tax ac­counting and tax law practice.Whatever else this approach to theregulafion at professional conductmay have accomplished, one effecthas clearly been the pra1cticalunavailability to all of our people ofthe kind of highly competent tax ad-

vice and service available to businessand property clients.

To be su re, lawyers who serveproperty and business clientsprobably have an "image of com­petence" in the eyes of their own longestablished clients. And peopleprobably still think first of lawyerswhen the talk is of lawsuits; lawyersgenerally may thus be said to havemaintained something of an "image ofcompetence" with regard to litigation.But in many of the other areas inwhich lawyers' services might be sobeneficial, many people probably donot regard lawyers as feasible or evenappropriate sources of help.

The analogy between the legal andmedical professions is of course over­drawn. The medical profession'sspecialization system is certainly notwithout its problems. The problem ofretaining for the public the benefitsheretofore provided through thetraditional medical general prac­·titioner - particularly diagonosticservices, emergency services, andcontinuing comprehensive care - isespecially difficult. But the point madeearlier still stands. An "image of com­petence", based upon unmistakableand pUblicly known actual com-

Continued on page 44

It's an Honor to Salute the Man

Who Brings Such Honor to Arkansas,

"The Congressman from Kensett,"

the Honorable Wilbur 0 Mills.

From his friends at

ARKLA- GAS DO

43

FractionalizationIt is of course important that the

lawyers who presently specialize donot develop into narrow andautonomous self-policing units. Theexperience of the medical professionin that regard demonstrates that thispossibility is a real and presentdanger. A similar fractionalization ofthe legal profession could ultimatelybe detrimental to both the public andthe specialized lawyer interest groups,and extreme vigilance on the part ofthe organized bar is warranted,whether specialization be regulated orunregulated, in order that generalsupervision of all specialized lawyerinterest groups is exercised by theorganized bar as a whole.

Any plan of regulation must be con­sistent with recognition of the im­portance of a broad legal educationand must minimize any adverse effecton the general practitioner. The im­portance of the lawyer in generalpractice, historically and currently, tothe public and to the legal profession,can hardly be overstated. I amunalterably convinced that any planfor the regulation of specializationmust preserve the usefulness and ef­fectiveness of general practicinglawyers. The contribution of thegeneral practitioner in the ongoingactivities of the organized bar is andhas been monumental.

General practice is one of the mostdifficult practice areas in the law. Itrequires being currently familiar withseveral subject areas of law - theareas varying in different geographicareas. Many continuing legaleducation programs are especiallydesigned to help the general prac­ticing lawyer to keep up to date inthose law areas. It is readily apparentthat any acceptable system for theregulation of specialists must not tendto eliminate county-seat lawyers, norbenefit, by reason of provisionsinherent in the particular system. themiddle and large sized law firms tothe detriment of small firms and in­dividually practicing lawyers. Careshould of course also be taken to in­sure that the provisions of the plan donot retard the ever-accelerating trendof lawyers to band together in part­nerships for the practice of law.

In considering the merits of officialrecognition and regulation ofspecialization in the law practice, thebenefits and detriments which mightbe obtained therefrom must be

Continued from page 43

petence, couldprofession's mostpetitive weapon.

be theeffective

legalcom-

analyzed in the context of specificprograms. The limitations which mightbe placed upon practice by a certifiedspecialist should be considered. Un­der existing law, the standard of carerequired for lawyers of certified statuswould of course be increased with ad­ditional exposure to liability for errorand omissions.

The nature of legal practice differsfrom state to state, and there aresignificant differences among thestates in both substantive andprocedural law. The practice of law isnow regu lated almost exclusivelywithin the various states. Both initialadmission and professional disciplineare handled at the state level.Regulation of specialization is in­trinsically related to those otheraspects of the regu lation of the prac­tice of law. The fact that the power toregulate the legal profession nowexists only at the state level com­pelled me to believe that state levelregulation of specialization was theonly way in which this reform couldever be achieved. State participationcertainly is an obviously in­dispensable ingredient of any ac­ceptable plan. I submit that ifregulation is placed at the state level,the regulatory body will be much moreflexible and responsive in reacting toemerging problems than if theregulatory body is placed at thenational level. No matter how muchcare is now devoted to a specific planof regulation of specialized law prac­tice, such program cannot possiblyprovide against many practicalproblems which will develop. Pitfallswill inevitably occur, means of ad­Justing those deficiencies will have tobe worked out, and the programultimately adopted will unquestionablyhave to be modified by experience. Astime goes on, a body of experiencewill develop which will inevitably leadto better criteria for providing qualitylegal services in specialized areas. Itis only when those developments haveoccurred that consideration should begiven to the subsidiary issues whichpresently occasion so much dialogueamong lawyers debating the "HOW"of legal specialization. The organizedbar needs experience at all levelsbefore final positions are taken.

The Sole PractitionerThe most frequently voiced ob­

Jection to regulation of specializationis its supposed harmful effect uponthe sole practitioner and the smallpartnership in rural areas. Everyoneagrees that the big firm lawyer alreadyhas tile benefits of specialized prac­tice. It is argued that large law firms ingeneral are not adversely affected by

44

the failure of the bar to regUlatespecialization, because a large lawfirm usually has little difficulty inmaking the availability of thespecialized services of its individuallawyers collectively known to itsprospective clients, and thatregulation would only encourageclients to leave general practitionersto go to those large conglomerates oflegal specialists. I do not accept thatargument as I believe that ex­perimentation may demonstrate thatregulation of legal specializationtends to equate the sole practitionerand small law firm with the large lawfirm in making specialized servicesavailable to their respective clients.

Realistically, one of the principalreasons for the success of large lawfirms is that they have had no dif­ficulty in communicating to the publicthat they offer specialized services,and that the collective abilities of theirlawyers enable them to be specialistsin every field of the law. Many lawyersargue that the official recognition ofspecialists would enable generalpractitioners more easily to obtainqualified specialists to assist them insituations where they may oc­casionally need such specialized legalservices. Certainly, I believe that itwould aid those lawyers in informingthe public that specialized legal ser­vices can be made available bygeneral practitioners as well as bylarge law firms. If experimentationdoes show that it enables the smallpractitioner more effectively to com­pete with the large law firms,regulated specialization may be themeans whereby the ultimate survivalof the independent sole practitioner isinsured.

I am convinced that some of thestandard arguments presentedagainst specific programs ofregu lation of specialization in the lawpractice are real, but I also believethat many of them are only imagined. Ihave also concluded that the need forregUlated specialization in manystates is minimal, but in other states, Ibelieve that the public interest in­dicates that some action on the matterbe taken by the organized bar. It ap­pears to me that it is a matter for eachstate to decide for itself in view of itsparticular circumstances andeconomy.

In encouraging those states whichwish to do so to seek solutions to thenumerous practical and theoreticalproblems involved in legalspecialization, the American BarAssociation was nol deciding whetherthe legal profession will have speciali-

Continued on page 46

ARKANSAS BAR ASSOCIATIONttl~II~lrr Alt"I~lrrlll~l~

Two fun-filled weeks in exotic and

colorful Japan and Hong Kong.

Our complete Orient Adventure

costs much less than round triptourist air fare. yet includesdirect 707 private jet flights,

deluxe hotels, gourmet meals.

all the freedom of individual travel.plus many other exclusive features.

The Orient Adventure is departing______ LITTLE ROCK

____JULy 29, 1972

45

Arkansas Bar Association40B Donaghey BuildingLittle Rock, Arkansas 72201

Enclosed is my check for $ _

($100 per person) as deposit.Name -------------Address _

City. State Zip _

o Please send me full color brochure.

$89800Plus $45 Tax and Service

Continued from page 45

zation. Specialization is already here,and it will inevitably increase. Theissue was only whether a plan forspecialization in the practice of lawwould be recommended on a nationalbasis at that time. It was the con­clusion of the House of Delegates thatnow is not the time to take such ac­tion.

There are those who are disap­pointed that the American BarAssociation did not take a bold leapforward. Others are equally vexedbecause it did not summarily rejectfurther consideration of any change inthis area of the legal profession. In an­swer to both contentions, I suggestthat the course of action adoptedtakes full advantage of the beneficialway the organized bar functions inthis country. The American BarAssociation, as an instrument ofnationwide leadership for lawyers,should and must be cautious inaltering or changing the structure ofthe legal profession. State bars havemany times in the past served aslaboratories of change. I personallybelieve that state bars have led theway to many of the more positive ad­vances achieved by the organized barin recent years. Certainly, one of themore favorable attributes of oursystem of bar organization is that asingle courageous state bar may, ifthe members thereof choose, serve asa laboratory and try novel, political,social and economic experimentswithout risk to other state bars, or tothe American Bar Association as anentity. Such experimental or pilotprograms will be useful whether theprograms are successful or un­successful. The experience developedby diverse approaches may permit therecommendation of criteria for aflexible but meaningfu I system for therecognition of specialties; or may leadto the final conclusion that no ef­fective system can be devised that willhave more advantages than disad...vantages.

For the first time in its history, theAmerican Bar Association now has acommittee with general jurisdiction ofall matters pertaining to legalspecialization. That committee wasdirected to collect data, make surveysof both the public and the legalprofession, conduct studies andgenerally to assist state barassociations in developing programsrelating to specialization in the lawpractice. In particular, the committeewas given the responsibility of recom­mending model plans ofspecialization for adoption by the

states, and a national plan forspecialization if the practicability anddesirability of such plans become ap­parent at some future time. So, for thefirst time, nationwide leadership in thetroublesome field of legal speciali­zation is available.

While admittedly that action is onlya first step, its importance is two-fold.First, it does commit the American BarAssociation to seek a solution to oneof the most vexing and troublesomeareas in the structuring of theorganized bar, the regulation of legalspecialization. Second, it determinesthat the approach taken in solving theproblem of legal specialization by theAmerican Bar Association will beevolutionary and not revolutionary.

State ActionThe plan is working. Several states

are already actively consideringwhether or not they should promul­gate their own plans for the cer­tification and regu lation of legalspecialists. Among those states areCalifornia, Colorado, Florida, Mary­land, Michigan, Minnesota, New Jer­sey, Virginia, Texas and Wisconsin. Infact, thirty state bar associations havecommittees studying the matter oflegal specialization. The speciali­zation plan of the State Bar of Califor­nia has been selected by the ABA as aproper vehicle for experimentation.The California program establishes aBoard of Legal Specialization. Ini­tially, the five-year experimentalprogram will be confined to threeareas of law; that is: (1) criminal law;(2) workmen's compensation law; and(3) tax law. Advisory Commissions areto be set up in each field. Thatprogram was put into actual operationon February 1, '971 with the approvalof the Supreme Court of California.The implementation of this plan nowinsures that both the American BarAssociation and interested state barassociations will have available forthe first time facts which point out thedangers and pitfalls which inevitablywill be encountered, and which an­swer or refute the existing arguments,both for and against, the regu lation ofspecialization in the law practice. Cer­tainly we can all see that the successor failure of California program willeither materially reduce or sub­stantially increase the presentresistance to nationwide regu lation.

The Committee on Specialization ofthe State Bar of Texas has just recen­tly recommended that a pilot programbe developed in that state. I am ad­vised that it will be about a year fromnow before such a program isdeveloped and presented to theSupreme Court of Texas. A Committee

46

of The Florida Bar will determinewithin the next several monthswhether it will recommend to theBoard of Governors of The Florida Barthat Florida embark upon a PilotProject.

Pilot ProgramsThe American Bar Association in­

tends ultimately to make final selec­tion of a total of three (3) state pilotprograms when and as such programshave been implemented at the statelevel. After such final selections, theAmerican Bar Association will recom­mend that all other state barassociations (except those designatedfor experimental programs) await theresults of an evaluation of those threeprograms, since the American BarAssociation feels that it is notdesirable for a large number of statesto embark upon even experimentalprograms in specialization beforeuniform standards can be establishedlest unnecessarily divergent programsbecome prematurely crystalized. TheAmerican Bar Association willevaluate these pilot programs onspecialization, both from the stand­point of their benefits and theirdetriments, and the results will thenbe made available to all state barassociations and other interestedgroups.

While there is no certainty that theaction taken by the American BarAssociation last year will ever lead tothe development of a national plan oflegal specialization, I believe that theaction there taken will ultimately per­mit a determination of whether it isbest that legal specialization beregulated or be unregulated. I hopethat the development of state pilotprograms in the regulation of legalspecialization will receive the supportof lawyers throughout the UnitedStates, regardless of whether theynow favor or now oppose the cer­tification of legal specialists. Eventhough a state bar association deter­mines that it is not now interested inthe conduct of an experimentalprogram of its own, it seems crystalclear to me that it should at theminimum have a committee of lawyerswho are following developments inthis area and who are charged withthe responsibility of evaluating theresults obtained in those states whodo conduct such experimentalprograms. Lawyers everywhere shouldinitiate among their colleagues ex­tensive but enlightening dialogueabout the multiple problems ofregulating legal specilization. In myopinion, that must be done if we areeffectively to educate lawyers on thisissue. There are so many who con-

-- "

tinually express positive positions onone side or the other without havingever really studied the question.

ConclusionIt is not my nature to equivocate, so

in conclusion I want to give you myown prediction of what I believe willbe the ultimate outcome of that ex­perimentation in the regulation oflegal specialization at the state leveL Ipredict that within ten years thehealthy progress of the legalprofession will insure regulatedspecialization in most of the largerstates, and that nationwide boards forthe certification of legal specialistswill be then operated by the AmericanBar Association for the benefit ofthose states who wish to utilize them,with the particular and specific regu­lations for the pUblic disclosure ofcertification as a specialistpromulgated by the several stateswhich regulate legal specializationbeing substantially uniformthroughout our nation. Let us see.•

LAW DAYMAY I.

We're proud thatone of America'smost distinguishedCongressmen hasbeen so instrumental inhelping us attract newindustry to Arkansas.Thanks, Congressman,and congratulationson an illustrious career.

You can't afford not to volunteerfor this rewarding public legalservice.

SPEAKERS BUREAUARKANSAS BAR ASSOCIATION

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The Arkansas Supreme Court Com­mittee on Professional Conduct hasnow activated a full time program tocarry out its objectives. Mr. Taylor R.Roberts, recently retired from the fe­deral Bureau of Investigation has ac­cepted the position of Executive

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Secretary of the Committee and hasestablished his office at 1104 WorthenBank Building in Little Rock. His of­fice is listed in the telephone directoryas "Committee on Professional Con­duct." The telephone number is 376­6747.

Mr. Roberts was educated in the lit­tle Rock public schools, took his A.B.degree at Hendrix College in Conwayin 1941, received his LLB from theArkansas Law School at Little Rock in1950, and was admitted to the Arkan­sas Bar in that year.

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Members of the Committee on Pro­fessional Conduct are: Chairman ­James Hale of West Memphis, Secre­tary - E. L. McHaney of Little Rock,David Solomon, Helena; William M.Moorehead, Stuttgart; Mark Woolsey,Ozark; John Smith, Pine Bluff; andJames A. Ross, Monticello.•

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Special Committee on Evaluation ofDisciplinary Enforcement - told theArkansas Bar Association "the Arkan­sas Bar has one of the finest struc­tures in disciplinary enforcement ofany state in the United States." Clarkchallenged the Bar to provide ade·quate financing to enforce "your ex­cellent structure, the equal of which Ido not know exists in any other state."The increase in the license fee andthe grant from the Falk Trust followed,and in a speech at the Mid-year Meet-

He served as a Naval aviator in theU.S. Marines during World War IIwhere he attained the rank of majorand received his honorable dischargein 1946.

He was an insurance adjuster in Lit­tle Rock during the years 1946-50 andengaged in the private practice of lawin Little Rock during the years 1950-51atter which he served as a specialagent for the Federal Bureau of Inves­tigation from 1951 until his retirementearly this year. During this time heserved in Indiana, Pennsylvania, andArkansas.

He and his wife, Dee, have threesons, one who recently received hishonorable discharge as captain in theU.S. Army, one a Navy lieutenant sta­tioned in San Diego, California andthe third presently in high school inLittle Rock.

Employment of a full time ExecutiveSecretary of the proven ability of Mr.Roberts and the establishment of theoffice was made possible by the ac­tion of the Supreme Court in increas­ing the annual license fee for Arkan­sas lawyers. Previously, funds wereavailable for only a part time secre­tary. In a ceremony Wednesday, Feb­ruary 2, 1972 in the Justice Buildingthe Arkansas Bar Foundation pre­sented a check for $10,000.00 to theCommittee on Professional Conduct.Philip Anderson of Little Rock, Secre­tary-Treasurer of the Bar Foundation,presented the check to E. L. McHaney,Secretary of the Committee. HenryWoods of Little Rock, President-electof the Arkansas Bar Association andEdward Lester of Little Rock, Vice­president of the Bar Foundation werealso present for the ceremony.

The $10,000.00 grant came from theLeon Falk Family Trust of Pittsburgh,Pennsylvania "for the purpose ofassisting in the implementation of therecommended procedures for dis­ciplinary enforcement of the ru les ofconduct of the members of the Bar inthe State of Arkansas." The Falk Trusthas provided support for the Americanlegal profession in other respects overthe years.

Mr. George A. Stinson, a formerresident of Arkansas was instrumentalin securing the grant, which will pro­bably be used by the committee forcapital expenditures necessary in set­ting up the full time office.

The presentation of the Falk grantto the committee represents anotherstep forward in a program that hasbeen hailed by former Justice Tom C.Clark of the U.S. Supreme Court asone of the finest in the nation. In a1970 speech at Hot Springs, JusticeClark - who has served as Chairmanof the American Bar Association's

49

'Lite CUJiLbur ':D. CJrliLL~ Story

(,~ doe epurceLl

• • • •

.. The persuasiveness of a Frank-lin D. Roosevelt . the courage of aHarry Truman . and the personalityof an Alben Barkley." This is howCongressman James A. Burke (0­Mass.) describes the man he andmany others would like to seePresident of the United States and thelawyer that the "Arkansas Lawyer"honors this month - Wilbur DaighMills.

It is a long way from Kensett, Arkan­sas (as it is from any city) to thenation's capitol and a position of in­fluence in the halls of Congresswhere the power lines converge andthe waves of influence originate. Onehundred Senators and 435 Represen­tatives make the journey successfullyduring each session of Congress.Wilbur M ills made it in almost recordtime, arriving as a freshmanCongressman in Washington in 1939at age 29.

Today after 33 years of hard work, asense of timing, a brilliant memoryand a thorough knowledge of fiscalaffairs, Mills stands as the single most

influential committee chairman onCapitol Hill. A man whom many callthe second most powerful man inAmerica.

A product of Grass-Roots America,Mills was born 62 years ago in theWhite County railroad intersectiontown of Kensett (pop. 1,444). He at­tended the public schools of Kensettand graduated from Searcy HighSchool. He then enrolled in HendrixCollege where he was the recipient ofmany honors.

The 1930 Hendrix Troubadour hadthis to say about Mills, "High abovethe common rabble Wilbur towers, un­disturbed by life's ups and downs.Something fine within him prompts hisgay outlook on life. His splendidgrades are indicative of much 'graymatter'. Wilbur walks life's straightpaths and is a boon companion foranyone who is 'down and out'..."

A classmate of Mills at Hendrixsays, "He was always interested ingovernment and frankly, from the verybeginning, in the tax structures of thecounty, of the state and of the federal

50

government. Things came fairly easilyto him but he applied himself ... hispowers of concentration were just farbeyond the ordinary."

Mills returned to Kensett during thedepression in 1933 with a Harvard lawdegree. He went to work as a cashierin his father's bank while building hislaw practice. In 1934, he married thepost-mistress of Kensett, his child­hood sweetheart, C lari ne (Po Ily)Billingsley. Since both were em­ployed, their wedding trip was brief­one night in the Albert Pike Hotel inlittle Rock and back to Kensett earlythe next morning to their jobs. Theyhave two daughters, Mrs. RichardYates and Mrs. Jack Dixon and fourgrandch ildren.

Mills' father, a Kensett banker andbusinessman, was a White Countyrural political leader. listening to thepolitical talk of his father and friends,Mills became politically oriented andat an early age decided on a career inpolitics. His hero was the Second Dis­trict's Congressman, the Honorable

William A. Oldfield, a member of theCommittee on Ways and Means.

According to Mills, "CongressmanOldfield lived in another county. Hewould come to town by train and visitmy father. He would spend the nightin Kensett at the hotel and would In­

vite 20 to 25 men to have supper withhim and he would tell them what wenton in Washington. This was the onlyway they got to know him,"

Just one year out 01 law school,newly married and aged 25, Mills in1934 challenged and defeated the in­cumbent County and Probate Judgeof White County, becoming theyoungest County Judge in Arkansas'history. A Mills campaigner in 1934says "He opposed a Judge who wasvery I popular. who had been in office16 years. Wilbur was just out of Har·vard Law School but he had the smalltown political leaders with him. Withtheir help, Mills was unbeatable."

His four years as White CountyProbate and County Judge were in­valuable in acquainting Mills firsthand with the problems and respon­sibilities of local government. This hasbeen of great benefit throughout hispolitical career.

His ambition to serve in the Houseof Representatives of the UnitedStates Congress, and on the Waysand Means Committee, never waveredand during his second term as CountyJUdge, opportunity knocked. SecondDistrict Congressman, the HonorableJohn Miller, was elected to fill aUnited States Senate seat madevacant by the death of Senator Joe T.Robinson, the Democratic Party'snominee for Vice-President in 1928.Mills won the Democratic nominationfor the Second District's congres­sional seat in the Democraticprimaries of 1938 and was not op­posed in the general election. He hasserved continuously in Congresssince 1939 and is the top rankingmember of the Arkansas delegation incontinuous service. He has neverbeen opposed in a general electionand has had primary opposition onlytwice since 1938 - in 1942 and in1966.

Mills, as a freshman Congressman,was assigned to the House Bankingand Currency Committee but in 1943,with the help of his friend SamRayburn, he moved to the prestigiousCommittee on Ways and Means. Waysand Means is the oldest of presentHouse committees; established by theFirst Contress on July 24, 1780. Agood many of its members, includingJames K. Polk, Millard Fillmore,William McKinley and Andrew

Photo by Henry Marx

Wilbur D. Mills

Jackson, achieved top rankingpositions in American history.

The United States Constitution pro­vides that all revenue bills mustoriginate in the House. By Houserules, all legislation concerning taxes,Social Security, tariffs and foreigntrade, medicare, interest rates, thefederal budget and in short, themeans of revenue for maintaining therepublic, is assigned to the Committeeon Ways and Means.

Congress works through com­mittees and only the Appropriationsand Ru les Committees are con­sidered in the same league with Waysand Means. The three constitute theso-called "control committees" andare involved to some extent in almosteverything that happens in Congress.

The popular congressional sport ofcommittee switching does not carry

Wilbur D. Mills with Democrat StateChairman Joe Purcell of Arkansas.

51

over to Ways and Means. During thepast 20 years, aside from death,retirement or defeat at the polls, onlyfive Congressmen have left Ways andMeans while 44 have been promotedto it.

Assignment to Ways and Means isparticularly good for a Democrat,since in 1911 the Party made its mem­bers on Ways and Means its "Com­mittee on Committees", with thepower of assignment of Democrats toall the other twenty standing com­mittees.

With the death of the previous com­mittee chairman in 1958, Mills, havingclimbed the ladder of seniority,assumed the chairmanship of Waysand Means, becoming the youngestchairman in its history. As Chairman,he has been a strong advocate of the"consensus approach" to legislation.He judges the attitude of members ofthe Ways and Means Committeebefore marking up any bill and reportsa bill only when his careful reading ofthe mood of the House assures himthe bill will pass. Because most billsreported by Ways and Means are con­sidered under a "closed rule" on thefloor - not SUbject to amendment ­Mills and his staff are meticulous intheir preparation of committeelegislation. In Mills' 14 years as Chair­man, only three bills reported out ofWays and Means have been rejectedby the House.

Walter little, documentary clerk forWays and Means and probably withMills as much as any politicalassociate, says that Mills' hobby is hiswork. Possessed with a detailedfamiliarity of federal tax laws, Millsfrequently quotes, without notes,lengthly passages from statutesduring debates and hearings.

One colleague remarked, "In all theyears I have been in Washington Idon't suppose I've seen Wilbur atmore than a half dozen eveninggatherings around town." When a newadministration enters the WhiteHouse, Mills' office quietly requeststhat they strike his name from thesocial invitation list. Mills has stated,"My father always impressed upon methat you couldn't do a day's work andstay out all night at parties."

Despite the rarity of social ap­pearances, Mills is not a loner. To thecontrary, he has a deep and com­passionate interest in people, is verycordial and friendly. One of his col­leagues remarked, "Wilbur is justwise, Washington's social life can bedisastrous. The longer you stay herethe more you realize you can't go out

ContInued on page 52

Continued from page 51

every night and be an effectivelegislator the next day."

Politically, Mills is a heavy weight­a Potomac political giant. His strengthof character, wisdom, integrity, com­mon sense and fair play have won therespect of his colleagues on bothsides of the aisle. Former HEWSecretary, Robert H. Finch, speakingfor President Nixon at HendrixCollege on April 28, 1970, describedMills as "Easily one of the ten out­standing legislators in the history ofthe republic."

Twelve years ago, James Restonwrote, "The first question for Presi­dent Kennedy on the new year is notwhether he can get along with Chair­man Nikita Khrushchev but whetherhe can co-exist with Chairman WilburMills,"

Mills has served in the Congressunder six administrations and asChairman of Ways and Means underfour. He has worked closely and ef­fectively with all administrations,although upon occasions he has hadto say "no", even to Presidents. Millsand President Kennedy were closefriends, and great admirers of eachother. When Mills wanted PresidentKennedy to dedicate Greers FerryDam at Heber Springs, Kennedy notonly obliged but told the crowd, "Theonly significant reason I'm here isbecause of your distinguishedCongressman. If he had asked me tosing 'Down by the Old Mill Stream' Iwould have been delighted."

In 1971, a Draft Mills For Presidentcampaign was launched, directed byCongressman Burke, The movementspread rapidly in Washington and bymidsummer more than 35

Congressmen, geographicallyrepresenting all sections of the UnitedStates, had publicly endorsed Mills forPresident. Never before had a can­didate (or non-candidate), except anincumbent, had such strong con­gressional support for the presidentialnomination, Although Mills deniedpublicly that he was a candidate, hedid say that if he received thenomination he would accept it, andwould be the most active, the hardestworking nominee the DemocraticParty ever had.

On August 26,1971, the largest ap­preciation rally ever extended to anyindividual of this state was held inBarton Coliseum honoringCongressman Mills. Attending therally were industrialists, businessleaders, bankers, leaders of organizedlabor and 34 United StatesCongressmen coming from as faraway as Oregon, Michigan andMassachusetts, The Coliseum wasfilled to overflow capacity with morethan 12,000 Mills supporters, andthousands more gathered outside,unable to get in. The closing of thegates 30 minutes before Mills' partyarrived created mammoth problemsfor the fire marshalls and the policewho were holding back a swarmingcrowd. The situation forced statelegislators, public officials, and manywell known Arkansans, to crash thegates through back entrances. On thespeakers' platform were GovernorBumpers, the other constitutional of­ficers, the Congressional delegation,and many other out-of-statedignitaries.

Miss Mary Lou Burg. Vice-Chairmanof the Democratic National Committeedescribed Mills as, "A legend in hisown life time."

Leonard Woodcock, President of

the United Automobile Workers said,"Few men are more skilled in makingthis nation work than Wilbur Mills,"

Representative Carl Albert (D­Okla,), Speaker of the House, said ofMills, "He is big enough, he is firmenough, he is intelligent enough tohold, with outstanding distinction, anypublic office in the United States ofAmerica."

When the program began at 7:30,approximately 10,000 persons weregathered outside the Coliseum gatesunable to get in, As each speakerfinished his part on the program hewas escorted outside where he againdelivered his remarks to the crowdthere.

Although Mills consistently deniedin 1971 that he was a candidate,during the late spring of 1971 he ap­peared in more than 15 states on athree-month speaking tour, and ad­dressed joint sessions of eight statelegislatures. During the summer of1971 he appeared on three nationwidetelevision programs, and in the fallcontinued his speaking tour, visitingthe Western and New Eng land States.

In the Fall of 1971 a National "DraftMills for President Headquarters" wasopened in Washington under thedirection of Charles Ward, campaigncoordinator. Ward states that the DraftMills for President Campaign is mush­rooming and that great progress isbeing made, especially in the grass­roots area. The Arkansas Delegationto the 1972 Democratic National Con­vention is expected to place Mills'name in nomination for President ofthe United States,

On February 11, 1972, Mills advisedthe Secretaries of State of Wisconsinand Nebraska that he could not ingood conscience sign the affidavitsrequired to take his name off theprimary ballots in those statesbecause this would require him to say,"He is not now and does not intend tobe a candidate for President." Mills'name, without his encouragement orendorsement, will appear in the NewHampshire primaries on March 7 as awrite-in candidate.

Mills is recognized in Washingtonby persons in all branches of govern­ment as possessing the talents, theability and the integrity to makeAmerica an effective and responsiblePresident. Will he get the nomination?Time will tell!

But, with the persuasiveness of aFranklin D. Roosevelt ... the courageof a Harry Truman and the per­sonality of an Alben Barkley,Congressman Wilbur Daigh Mills maywell become in July 1972 the firstDemocratic nominee for the Office ofPresident from the State of Arkansas.

•

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53

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It is a singular honor to be here this evening to addressthe Annual Dinner of the American Bar Association. Thisvenerable Association has twice blessed Arkansas in thisterm - first, in your exceedingly sagacious decision tohave Ed Wright serve you as President and, secondly, inyour kind, but admittedly not nearly so wise, decision to in­vite me to speak here tonight. Arkansas is grateful to youon both counts.

It would be redundant for me to use this podium to extolthe many and well-known virtues of Ed Wright. Thisaudience knows very well the superlatives that both fit himpersonally and describe his great service to the AmericanBar, not only during the past year as its President, butthroughout all the years that he has devoted to this very im­portant organization and labored for its membership. Letme just summarize and say it all in one appreciative sen­tence by stating that anyone who knows Ed Wrightrecognizes that in this learned and highly intelligent humanbeing beats the heart of a lawyer's lawyer and a gen­tleman's gentleman. Ed has literally put it all together.

Cross FireWe members of the American Bar Association are par­

ticularly fortunate and grateful to have had Ed Wright leadus at this time - a time when the law and our jUdicialsystem, like so many other institutions in this country, arecaught in a withering crossfire between what may be calleduncritical lovers on the one hand and unloving critics onthe other. On one extreme, the law has its uncritical lovers,that is, those who are 50 enraptured and comfortable withpresent substantive rules and legal procedures that theywill fight even a hint of needed change. They are the hard­line, stare-decisis-above-all group, who oppose the normalunfolding and evolution of the law in a modern and ever­changing world.

They adhere loyally to the once-decided, always-decidedphilosophy and labor under an atavistic conviction that thequality of judgment and wisdom of members of the benchand bar becomes diluted and dissipates proportionatelywith each passing generation. They are somewhat akin totoday's love-it·or-leave-it contingent. Had our forefathersadopted this philosophy - and fortunately, they did not ­we lawyers would still be using the early writs. We wouidstill be subject to the rigidities and hardships inherent inthe schism of law and equity and to the hazards of pleadingunder the ancient forms of action.

At the other extremity of the spectrum from these blindlyuncritical lovers of the legal status quo are the unlovingcritics of the law. The passion of the unloving critics ap­pears to be to deride, denigrate, vilify and destroy thecourts and all other institutions that constitute our presentlegal system. They deify change. They have no substitute tooffer for a lawful society, but that neither dampens their ar­dor nor tempers their raucous outcries and destructive actsin pursuance of their goal to bring the system to its knees.

OverzealUnfortunately, it appears that the unloving critics are not

confined to those outside the bar. There is a species ofthem in our own profession. While they constitute a verysmall, almost indiscernible fragment of the bar, what theylack in numbers is made up by their unusual capacity fornoise making and headline grabbing. In a recent speech tothe American Law Institute, Chief Justice Warren E. Burgerreferred to them. In stressing the necessity for civility andprofessional decorum in litigation, the Chief Justice lamen·ted that "all too often, overzealous advocates seem to thinkthat the zeal and effectiveness of a lawyer depends on howthoroughly he can disrupt the proceedings or how loud he

54

LAW LOVREMARKS OF CONGRE

at AnnualAMERICAN BAR

New York Hilton, NJuly 6

Sharing a light moment at the annual dinner in New York are AChief Justice Warren E. Burger, U.S. Congo Wilbur D. Mills a

~

can shout or how close he can come to insulting all thosehe encounters - including the judges."

The Chief Justice warned of the great harm that a smallnumber of reckless, irresponsible "adrenalin-fueledlawyers," as he called them, can do to our profession. Heurged self-policing on the part of the bar and renewedrecognition of the absolute necessity for civility, good man­ners and discipline if our adversary system of litigation is tofunction properly and continue to enjoy the confidence andsupport of the general pUblic. I, for one, hope we of the barwill take heed and utilize appropriate means for im­plementing the Chief Justice's sage advice and timelysuggestion.

Our HeritageOur system of law in this country, inherited for the most

part from England, where appropriately this meeting willreconvene next week, has persevered despite the adorationof its uncritical lovers from one side, and the bitter attacksof its unloving critics from the other flank. The reason it hasabided and flourished, and will continue to do so, isbecause the law has also had a third group in which may becounted the vast majority of the lawyers of this country.This third group could be called its loving critics, or criticallovers if you please. Heading this group would be thenames of men like Marshall, Holmes, Cardozo and Hand,jurists who iooked upon the law with both a loving heartand a constructively critical eye. Thankfully, we also havecritical lovers of the law among the practicing bar - menlike Ed Wright and those who have served this Association

ERS ET ALSMAN WILBUR MILLS

Dinner ofASSOCIATION

·w York, New York1971

President Leon Jaworski, Past President Bernard G. Segal, U.S.d outgoing ABA President Edward L. Wright of Littie Rock.

in the past and will serve it in the future. This room is full ofthem tonight - men and women who work sacrificially andunspectacularly and with dedication and devotion withinthe system to improve the quality of justice in the UnitedStates.

The critical lovers of the law of whom I appreciativelyspeak recognize that the only way to preserve vital con­tinuity and predictability is to provide available avenues forneeded change - not change for change's sake, butneeded change. They do not go charging into the futureerasing all that has gone before. Instead, they promotechange within continuity - preserving the best of the pastbut also allowing for sensible accommodation to thepresent and future.

That is the story of the development of the common law.That is the story of our legal system in this country.That is the story of the American Bar Association.As one who for three decades has been involved in the

development of statutory law in the fiscal area, let me nowfocus a constructively critical eye on certain aspects of ex­penditures for law enforcement and crime control in thiscountry that give me cause for concern. As many of youknow, I have always followed the philosophy that if a jobneeds to be done, it is generally better to encourage its ac­complishment through the private sector of the economyrather than through some government program, of whichwe have too many already. Specific instances of im­plementation of this policy may be found in the severalFederal tax reduction acts that have been developed in the

55

Committee on Ways and Means and passed through theCongress since 1 have been its Chairman.

Crime ControlAn exception, however, to this general ru Ie of greater ef­

ficiency of expenditures in the private rather than thegovernmental sector is the specific subject of taw en­forcement and crime control. Governmental agencies ­Federal, State and local - obviously have always been theprincipal and most appropriate means for preventing crimeand enforcing the law. Yet we see on every hand today in­creasing instances of private citizens and businessestaking novel and intensified measures and making veryconsiderable voluntary outlaws of money for self protectionagainst crime.

For example, bus companies in the District of Columbiaare now using redeemable scrip instead of money to makechange in order to remove temptation from those whowould rob their drivers. The use of this device is certainlyinconvenient, both to the public and to the drivers, andmore expensive to the company, but it apparently protectslives and property over and above what the present state ofgovernmental crime prevention in the District of Columbiais able to afford. This is true despite the fact that the policeare doing a commendable job in Washington with theresources available to them.

Millions of dollars are spent each year by private homeowners and businesses for the purchase of sophisticatedlocking devices, burglar alarm systems and electronic sur­veillance equipment. If one were seeking a good investmenttoday, it appears that a company producing such deviceswould do well, as demand by the public for protectiveequipment for residences, office buildings and otherproperty has been growing very rapidly. Fear of breakingand entering has caused some homes and businessestoday to take on appearances and trappings of medievalfortresses.

Private businesses are not only spending more for self­protection, but in some parts of the country, they areforgoing gross receipts by closing earlier in the evenings ornot doing business in cash after dark - only credit cardsales. Ball games and other sports events are startingearlier and ending earlier in the evenings.

And equally disturbing is the feeling among manycitizens in certain parts of the Nation, exaggerated perhapsas such feelings might be, that they must arm themselvesfor protection of their persons or homes. Thus, we haveseen a brisk increase in purchases of various kinds of per­sonal protective devices. all the way from karate lessons totear gas fountain pens to firearms.

To give you an idea of the magnitude of private ex­penditures for defense of persons and property, it has beenestimated that American citizens and businesses spendmore than $2 billion annually on private security and crimecontrol.

To put this figure in perspective, it exceeds by over one­half billion dollars the entire amount provided for programsto reduce crime in the Federal budget for the 1971 fiscalyear. It is over 17 per cent as large as the total $11.5 billionthat all levels of government, Federal, State and local, willspend for crime reduction programs in 1972.

Two billion dollars of private expenditures in this area isquite a large amount of money. Viewed from any angle, ithas alarming implications, legal and otherwise, notpleasant to contemplate. It is neither good economics norgood government for an essentially public function of lawenforcement and crime prevention to become disseminatedin the private sector and scattered among millions of in­dividual citizens and vigilante groups.

Continued on page 56

Continued from page 55

Cause and RemedyBut such a phenomenon does not occur among a

traditionally peace-loving people without a basic cause. Un­doubtedly, there are many causes or reasons why this hastaken place. but it is undeniably clear that one contributingcause has been a growmg disrespect for law and order. Itsaddens me to observe that in some degree this in turnstems from the actions of some of the members of our ownprofession - even though it is a tiny minority.

If the American Bar, above all organizations, cannotmaintain among its own membership appropriate standardsof decorum and decent behavior, with a decent respect forprocedures hammered out over generations for the protec·tion of individual rights in our courts of law, then how canwe expect others to have respect for our institutions ofJustice?

Let us here and now, as the one profession in this coun·try which has more to do with the preservation of individualrights than any other profession, determine to preserve andmaintain proper standards, decorum and conduct withinour courts of law. against the actions of the tiny minority ofunloving critics within our midst. And let the courts them·selves appraise their actions and decisions over the pastdecade to see what part of the responsibility for present­day public attitudes may rest on their door-step. I, for one,do not absolve our Judges from some part of this responsi.bility.

Let us also carefully review the things which need to bedone to preserve confidence in our judicial system and thethings which government needs to do to strengthen the fairand Just enforcement of the laws.

I agree with Abraham Lincoln's oft quoted observationabout the proper role of government. You will recall it washe who said, "The legitimate Object of government is to dofor the people what needs to be done, but which they can­not, by individual effort, do at all, or do so well for them·selves." If there ever was a subject which fits Lincoln'sdefinition of a legitimate Object of government it is publicsafety and law enforcement. Additional Federal assistanceof the proper type to local units of government for thisspecific purpose of crime prevention at this Juncture mightwell prove a bargain to us many times over.

Tax SystemNow let me turn to a subject on the other side of the

fiscal coin. Let us take our attention from expenditures andfocus on the machmery which provides the wherewithal forall the operations of the Federal Government. The basis forour Federal tax system is the compilation of substantive lawcontained in the Internal Revenue Code. That law has un·dergone virtual metamorphosis in the decade immediatelyending. Certainly no other period in the life of our revenuesystem has witnessed comparable intensity of review andrevision. One of the most Obvious examples is the changein income tax rates. Individual taxpayer rates at the begin­ning of the last decade ran from 20 per cent to 91 per cent.Today they are at a much lower range of 14 per cent to 70per cent. Moreover, effective next year there will be an evenlower maximum marginal rate of 50 per cent on earned in­come rather than the regUlar 70 per cent top bracket rate.The maximum tax rate on earned income in the current yearis 60 per cent. This lower maximum tax has particular per­tinence to members of the bar and others with considerableamounts of earned income.

At the other end of the line, the law now has a minimumtax, which provides a 10 per cent tax on certain items of in­come which enJoy preferential treatment under the Codeand would otherwise escape taxation.

56

ReformsIn between the minimum tax and the maximum tax

provisions and dispersed throughout the Code today arereforms that were unknown to the tax law ten years ago. Forexample, the Revenue Act of 1962 added a number of im­portant reform amendments, including restrictions ondeductible business entertainment and travel expenses,removal of foreign tax havens, a revision of the ru lesrelating to cooperatives and savings and loan associations,and a requirement for informational reporting by payors ofdividends and interest. The Revenue Act of 1964 will beremembered as the largest tax reduction bill in history, butit also contained a number of significant tax reformprovisions. The Excise Tax Reduction Act of 1965 ex­tensively overhauled the Federal excise tax structure. Thiswas a landmark enactment which not only reduced the im­portance of excise taxes in the Federal bUdget but greatlysimplified the law with respect to those few excise taxesthat remain in the Code.

1966 was also a significant year in Federal tax revision.The Tax Adjustment Act of 1966, among other things,provided for graduated withholding on individual taxpayers.The Foreign Investors Tax Act of that year was a systematicrevision of the provisions of the Code relating to the taxtreatment of nonresident aliens and foreign corporations.The Federal Tax Lien Act of 1966 achieved modernizationof those provisions of the tax law concerned with thepriority and effect of Federal tax liens.

Then, in 1969, after long and arduous work that extendedover an entire session of Congress, the Tax Reform Act of1969 was enacted. This was the most comprehensive reformbill in the history of the income tax law, and undoubtedly,many of you here tonight are still struggling to find out allthat is in it.

I am sure that the decade of the 70's will find the Com­mittee on Ways and Means just as active in the matter of in­come tax revision as it was in the 60's. Complete fairness,equity, neutrality, efficiency and simplicity are objectivesthat are never fully attained. They must be consistently andassiduously sought, however, if our great self-assessmentsystem in this country is to continue to enjoy the con­fidence and support of the taxpayers. I might add that weon the Committee also have to keep busy and on our toesto keep current and meet the ingenious theories that in­dividual members of this body construct in advising theirclients on how to reduce tax bills.

Lawyers' RoleOn this point let me say that the Committee on Ways and

Means depends on lawyers to provide substantive adviceand technical assistance in tax reform. The Section ofTaxation of this Association and its individual practicingmembers have always been most generous and have givenunstintingly of their time and service in these matters. I un­derstand that the Department of the Treasury is currentlypreparing recommendations for extensive revision of thepension and profit sharing provisions of the Code, foramendments in the foreign income area and for reform ofestate and gift taxation. When these recommendations arereceived, we shall be calling on you again for the samehigh quality advice and counsel you have consistentlyprovided us.

Let me again express my appreciation to thisdistinguished Association. not only for your kind invitationto me to be here tonight, but more importantly for all youhave done in the past in assisting the legislative branch ofthe Federal Government, and particularly the Committee onWays and Means, in discharging the heavy responsibilitiesthat have been entrusted to us by the people of this coun­try.•

-- - ------------------------------.......

THE HONORABLEWILBUR D. MILLS

., •• <. . ., ',- I ~t

, "---

WrIte CCu 'y pa.y ~ d trIbute to WilburD M s "t r.r,m''"emor live f dlt'on of

The A k 'I wy w eh at'empts todocume t In f "/S life and II/uS-

t"ou» careerW bur 1,,4 h e ye great success in

hiS endeavc,rs 'ld n S r ~ n y b rgely mstru-ment I n prop I g the State of Arkansasmto the sp"'lIght of Na.t,c, al prommence.

Despl'e r s ronors 'ld stdture as Chairmanof t"e Ways 'ld Me "s CommIttee m the U.S

House of Represeptallves he remains ahumble man The res de'lts of W"/le County still re-

gard n,m as one 'If 'he ''Ilk' nd he IS oftensee'l shar g a mome'lt wIth hiS many frIends

t"ere They 'III f nd hIT' dow,,-to-ear'h anddedicated t While C unty nd to Arkansas.

HIS native COU'lty nc,w extends .ts thanks andappre~, t n to W,'bur D MI/ls m thIS salute.

Kensett, White County and Arkansas May Well Be Proud

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'",-,~r., ~'!!~Co "'~P'

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White County, Arkansas

Kensett In White County. Arkansas is a rathertypical small Southern or Midwestern town (pop.1444). In fact, on the official 1969 Arkansas StateHighway Map. Kensett is shown in "diamond type" ­which may be considered symbolic. A sign on theedge of town has proclaimed Kensell as "The homeof Bill Dickey and Wilbur Mills." It is interesting tonote the order of the names. Baseball Hall of FamerBill Dickey of the New York Yankees is certainly one"diamond type." And Wilbur Mills is just as certainlyanother "diamond type."

Kensett was a cotton ginning and railroad town onthe Missouri-Pacific RR line from St. Louis to lillie

Rock. One of the nation's shortest railroads, theDoniphan, Kensett and Searcy, connects Kensett withSearcy, the County Seat of White County, with its RRtracks running close by the Mills' home.

Wilbur D. Mills was born in Kensett on May 24,1909. His father, Ardra P. Mills, came fromMississippi; his mother, nee Abbie L. Daigh, fromNebraska. The "D" in Wilbur D. Mills' name stands forDaigh, his mother's maiden name. A. P. Mills started acountry general store. A. P. Mills also controlled theBank of Kensett. Roger Q. Mills, Wilbur's brother,owns the now department store. Their mother, nowsome 90 years young, still lives in Kensett.

Our congratulations to our friend and neighbor - - - - - -

.QeOftcy FEDERAL .QW)il1.gg AND ~Oal1.

The Kensett Days . .

The 1930 Hendrix Troubadour shows 52 gradu tong se~lors and hasthis to say about young Wilbur Mills'

"High above the common rabble WI bur towers lo"ldlsturbed by life sups and downs Something fine wlthon him prompts his gay 0 tlook onlife. HIs splendid grades are ondlcatlve of m ::h gray alter Wilburwalks life's straight paths and IS a boon compamo~ 'or 'yone who IS'down and out. Cupid has shot III a few tiMes much to the delight 0

some fair maidens. But, who attempts to loglze Mills? It would takevolumes. It is enough to say that t>e IS the Individual boy that he is. '

HIS GraduatIOn Picture.

Wilbur Mills got his law degree atHarvard Law School in 1933, andwas admitted to the Arkansas Bar.However, these were depressionyears, and MIlls went to work for ayear as a Gash,er In the Bank ofKensett MIlls mamed Clarine Bil­lingsley 'In May 27,1934. She wasserv;ng as Postmaster and knownto all as Polly

Bank of Kensett - Cashier WIlbur Mills with Bank Clerk LISSIE LEWIS ­August 24, 1933.

We are delighted to loin In this tribute to one of our own

BANK OF KENSETTKENSETT, ARKANSAS

The study Df the law qualifies a man tD be useful tD himself, tD his neighbDrs, and tDthe public. It is the mDst certain stepping stDne tD preferment in the political life.

ThDmas JeffersDn

United States Representative Wil­liam A. Oldfield was the boyhoodhero of Wilbur Mills. CongressmanOldfield frequently visited A. P.Mills and others in Kensett to letthem know what was going on atthe Capitol. As Brooks Hays put it,"Wilbur was born to Politics - heheard politics talked in the coun­try store."

When Wilbur Mills was 25, he ran for county and pro­bate Judge in White County in 1934. He ran against apopu lar Judge from Searcy who had been in ottice for16 years. His platform was to say "NO," promising toclear the County at 3/4 of its debt in his first year, ornot to accept any salary for his second year. He waselected, serving 1934-38. He reducted his own salaryfrom $3,600 to $2,000 per year, and removed a numberof County otticials ott the "fee system." "That is why

Mills is so highly respected. Every man is satisfied ­knows that the county is now a business, only occa­sionally a charity, and that it is being run like abusiness" - C. P. Lee, Jr. in the 1935 ArkansasGazette Magazine.

In 1938 Wilbur D. Mills successfully ran for Congress.Seldom with any opposition, he has served 16 terms,representing the Second District in Arkansas.

It is particularly fitting that we sponsor this record of our colleague WilburMills as White County Judge - - - - - -

THE WHITE COUNTY BAR ASSOCIATION

To such men, their fellow citizens may safely entrust the care of protecting theirpatrimonial rights; and their country the most sacred charge of her laws and privileges.

- Sir Walter Scott

Speaker Sam Rayburn in foreground withWilbur D. Mills - May 27, 1958.

It is our pleasure to join in this tribute . ...

WHITLEY LUMBERCOMPANY

KELLY'S GRILL

Wilbur Mills recalls that since boyhood, he wanted tobe in Congress and on the Ways and Means Com­mittee. When he returned to Congress for his secondterm, he attempted to get an appointment to thisprestigious Committee. As to what happened, letCongressman Mills put it in his own words, "But Ineglected to talk with the leadership about it - as aresult of which I got beat. Speaker Rayburn came upto me afterward and said he just didn't have anyknowledge I'd wanted to be on Ways and Means. Ishould have told him and he could have got me on it.Next time around, I was put on without opposition."Speaker Sam Rayburn reportedly said, "Young man, ifyou want on, why don't you come around and talk tome about it?" So began a wonderful relationship bet­ween a Texan and an Arkansan. Undoubtedly, theGreat American Sam Rayburn had a tremendous in­fluence on Wilbur Mills. Mills became a member ofthe Committee on Ways and Means on October 15,1942.

SAMUEL BINGHAMCOMPANY

WESTERN AUTOASSOCIATE STORE

STOTTS DRUG COMPANY

While no "Ways" are really adequate, we use this "Means" to express our appreciation

To the end it may be a government of laws and not of men.

- JOHN ADAMS

Perhaps, President Adams' statement could well beWilbur Mills' creed as Chairman ot the Committee onWays and Means. He has held the line with fourpresidents, since becoming Chairman in January1958. He is the youngest Chairman in the Committee'shistory since JUly 24, 1789, when the First Congressestablished it.

The Ways and Means Committee is composed of 15Democrats and 10 Republicans in the presentCongress. The Democ/atic side of the Ways andMeans Committee also constitutes the DemocraticCommittee on Committees for the House of Represen­tatives. Therefore, the Chairman of the Ways andMeans Committee is also the Chairman of the Com­mittee on Committees. The Committee on Committeesnames all the Democratic Members to the other Com­mittees in the House of Representatives. Since theConstitution requires that all tax legislation mustoriginate in the House, the duties of the Ways andMeans Committee cover a wide range of problems.Everything from reciprocal trade and management ofthe National Debt to social security and unem­ployment compensation is included in the frameworkof the Committee's responsibility in addition to in­come tax matters.

Before his present term is up, he will have sur­passed Congressman Robert L. Doughton, the firstman he served under, as Chairman with the longestunbroken tenure. Power and influence do notautomatically go with the office, and must be earned.However, some of his predecessors as Chairmen havebeen James K. Polk, Millard Filmore and WilliamMcKinley, all of whom became President of theUnited States.

Searcy, Arkansas

FIRST NATIONAL BANKFNB

President Johnson is reported to have said, "I am thecoach and I send in signals to my quarterback for apass, and he runs a playoff tackle."

The Greer's Gerry Dam dedication on October 3,1963, was one of the last ceremonial appearances byPresident John F. Kennedy. He was assassinatedNovember 22d.

President Kennedy and Chairman Mills respectedeach other very much. When Mills asked thePresident to dedicate the Greer's Ferry Dam at HeberSprings, Arkansas, President Kennedy did so. In facl­and let us tell it in the President's own words, "Themost significant reason I'm here is because of yourdistinguished Congressman." President Kennedyhumorously added, "If he asked me to sing 'Down bythe Old Mill Stream' I'd be delighted."

The Greer's Ferry Dam picture showing PresidentKennedy and Chairman Mills side-by-side andsmiling, hangs prominently in Wilbur Mills'Congressional office.

A Truly Historic PicturePresident Kennedy with Wilbur Miffs

Greers Ferry Dam as seen from observation deck nearCorps of Engineers Office, Heber Springs, Arkansas

We of Jackson County are proud to join with White County in this saluteto a great Arkansan .... , .

WHITE RIVER PRODUCTION CREDIT ASSOCIATIONNEWPORT FEDERAL SAVINGS & LOAN ASSOCIATION

Newport, Arkansas

Life in Washington . ..

::::: ..· " .· .· .: ."..Mrs. Wilbur D. Mills

In a recent magazine series on Wilbur Mills, theauthor described Mrs. Mills as follows: "Polly Mills is'attractive.' No other word will do. She must alwayshave been called 'attractive' or 'vivacious' and whenher face lights up with a smile, which is often, she 'at­tracts.' She is a slender woman, very outgoing, veryinterested, one of the Congressional wives most likelyto turn up at hearings on the Hill."

We are delighted to add our names to thissalute.

L1TGHTlE, DOBBINS& LIGHTLE, INC.

BOlTONS, INC.

In 1939, when Wilbur D. Mills went to Washington, hewas a "freshman" Congressman, representing thesecond smallest Congressional District in the UnitedStates. The Mills rented a small apartment on Con­necticut Avenue. They now live in a two-bedroomapartment - still on Connecticut Avenue, but a coupleof blocks closer to downtown. The Smithsonian Zoo isright behind the apartment. Mills' younger daughterRebecca Yates and her husband live nearby inPotomac, Maryland. Her daughter Stacey Bradfordwas born during her first marriage. Stacey is shownwith her grandfather on the cover of this issue of TheArkansas Lawyer. The Mills' older daughter, Martha,lives with her husband, Jack Dixon, and their threechildren in Huntsville, Alabama. Wilbur Mills is anearly riser and usually off for the "Hill" by 7:30 a.m.His normal day at the office ends sometime after 6:30p.m. The Mills have not played the so-calledWashington cocktail circuit, preferring their homelife.They have a stereo set and record library of lightclassical recordings. Mills listens - reads - doescrossword puzzles - and tries to relax. Perhaps, this iswhy the Mills like to come home to their home in Ken­sett when they can - a one-story frame house on awell shaded lot on a narrow street with the RRalongside. And this last possibily explains Mills' reac­tion to the lions at the Smithsonian Zoo, "There's onefella seems to have a regular tantrum every night. Itused to bother me some, those big lions roaring outthere in the dark. But they don't bother me anymore."But perhaps, his 33 years in the Congress - - - - - -

GENERAL FOODS CORPBIRDS EYE DIVISION-

B.J. PIERCE lUMBERCOMPANY

HEARD SAUSAGE

A school, a freeway and a park - dedicated to Wilbur D. Mills - seem a most ap­propriate combination - - children and education, business and budgets, leisure andecology. ...

"From a tree stump vantage pointRep. Wilbur Mills, D-Ark., surveys80 acres of park land donated tothe citizens of Bryant, Ark., byReynolds Metals. The park'sname? Wilbur D. Mills Park - andit joins Wilbur D. Mills HighSchool and the Wilbur D. MillsFreeway both in Little Rock: allthree are physical monumentsamong the many proofs of theunquestioned devotion of Mills'constituents to the represen­tative." - AP Newsfeatures Photoand Release, April 6, 1971.

While Jackson County no longer is in the Second Congressional District - we stillfeel that Wilbur Mills also belongs to us - to all Arkansans - and to every American ...

MERCHANTS & PLANTERS BANKTHE FIRST NATIONAL BANK

Newport, Arkansas

Of, By and For the People of Arkansas . ..

Dardanelle Lake with Dam 3nti powerhouse In

foreground. Arkansas River Nav/gation Project

•

Toad Suck Bridge Dedication - Dr. J. H. Flanagen,Sr., Conway Miss City Beautyful Sheri Thompson,Wilbur D. Mills, C. W. Harper, President of ConwayChamber of Commerce.

-

As stated by President John Kennedy at the Greers'Ferry Dam dedication on October 3, 1963, Represen­tative Wilbur D. Mills (Dem.-Ark.) represents hispeople and State tremendously well. CongressmanMills' interest in the betterment of Arkansas is furtherreflected by his part in the dedication ceremonies ofthe Dardanelle Dam in the Arkansas River navigationproject on May 13, 1966 and in the Toad Suck BridgeDedication on September 20, 1971.

Wilbur D. Mills at D~rda,.eJle 0 m Dedication "In May13, 1966.

As printer to The Arkansas Lawyer, it has been our privilege to assist inthe production of this tribute

HERITAGE PUBLISHING COMPANYP.O. Box 4068

North Little Rock, Arkansas

i

r

The "Unpolitical Unrally" ...

"On August 26, 1971, the largest appreciation rally ever extended to any individual of thisstate was held in Barton Coliseum honoring Congressman Mills. Attending the rally were in­dustrialists, business leaders, bankers, leaders of organized labor and 34 United StatesCongressmen coming from as far away as Oregon, Michigan and Massachusetts. TheColiseum was filled to overflow capacity with more than 12,000 Mills supporters, andthousands more gathered outside, unable to get in. The closing of the gates 30 minutesbefore Mills' party arrived created mammoth problems for the fire marshalls and the policewho were holding back a swarming crowd. The situation forced state legislators, public of­ficials, and many well known Arkansans, to crash the gates through back entrances. On thespeakers' platform were Governor Bumpers, the other constitutional officers, theCongressional delegation, and many other out-of-state dignitaries. Miss Mary Lou Burg,Vice-Chairman of the Democratic National Committee described Mills as, "A legend in hisown lifetime." Leonard Woodcock, President of the United Automobile Workers said, "Fewmen are more skilled in making this nation work than Wilbur Mills." Representative CarlAlbert (D.-Okla.), Speaker of the House, said of Mills, "He is big enough, he is firm enough,he is intelligent enough to hold, with outstanding distinction, any public office in the UnitedStates of America." When the program began at 7:30, approximately 10,000 persons weregathered outside the Coliseum gates unable to get in. As each speaker finished his part onthe program he was escorted outside where he again delivered his remarks to the crowdthere." - Cover Story

We use this opportunity - on behalf of all who wanted, but were unable, to attend the Rally ­to express their admiration for their fellow American.

I wlsn pc,pularlty but ,t s tl> 'popul r tl whIch follows no' that wl>'CQ 'S run after It ISthat popular 'y WQlch, sooner or ' ter ne~er fal,s to do lust,ce to t"e pursuit of nobleends, by noble meen$

("rd MansflelC, C J 11770)

ME.M:kF< ARKAI'II;:,A'> BAR ASSO ATI

, If I were a nat on I nCldate I ",ould be r pt ve t the oil shes ofthe people of the Un,ted St tes as I wa to tne peop e f my StateWilbur D MIlls

Our pelitIC' I system is a greatmystery '0 me Suppose you had aP rllmenta y system. I supposeW,lhur would be r ght at the topr ow Sen J WIlliam Fulbright

I I Ok at what the country ISse k,ng now If It were run by aboare! of dtrectors and they had toselect man strIctly on the basisof who would run 'hlS country ef­fIciently they would choose thisma,. - Rep. Hugh Carey ID-N. Y )

It s "Iways enjoyable to work withpro whether you're with him or

gm him Certamly he has to rankWIth the top people on the Hill inability' White House aide

"He IS a consensus man. Helistens long and finally puts hisown stamp on things. He has his0plfllons but Qe Qas beenmalleable e'lough to take otherpeople s "pinions. He is as per­s tent and smart a person as I'verun 'nto, ve ry fair to hiscolleagues - Rep. Sam GibbonsD·Fla I

W,lbur M,lIs Is probably one 0(.tl'e most talented men in ourgover'lment a man With great ex­per ence WQO has been suc-

essful IfI steering many Im­port 'lt programs through theHouse VIce President Spiro T.Agnew

One of the out tanding legis la­t'lrs /f/ the history of the Repub­IIG Robert H Fmch, then HEWSecretary

One fmal Item the new 1971 Arkensas _ '3te Hlgl>way Map prints Kensett in 'Non­pareil" type. Nonpareil generally "lea'lS somethin ot unequalled excellence. Un­dOUbtedly WIlbur D Mills has added to hIS ho"-etown s status

by Professor Robert Brockmann

similar to NO.2 (above) but withoutthe application may be used. In thiscase, interested students will sendyou a resume.

Remember, these are only hints tohopefully persuade you to give ournew service a try. Anything you desireto have us do will be done, it is ourjob and goal to help and serve you, sothat the law student will get a good"looking over" by the states top at­torneys and the top firms.

Simply write us, including allnecessary details of what you need,and we will promptly comply. Write to:

Applications for admission to thefall 1972 beginning class at the LawSchool are being received at a recordrate and indications are that they willfar surpass last year's flood. There aretwo LSAT testings, one in Februaryand one in April yet to come.

The new student director of theplacement service at the Fayettevilledivision is Russ Meeks of little Rock.When asked to describe his newprogram to the Arkansas bar, Russresponded as follows:

"Tne University of Arkansas LawStudent Placement Service is in thestruggling stages of developing into avaluable tool for your law firm and forthe graduating law student. The pur­poses of our placement service aremany. The ultimate goal is but one ­to aid our law graduates in their stepfrom student to practitioner. Or moresimply expressed, to help each man orwoman, to find the best job availablefor him, at a specific time and at aspecific place. The goal is a worthyone, but not easily attained.

If you are interested in using ourprogram to provide you with thechance to choose a highly qualifiedperson to fill your needs, there areseveral alternatives that you mayfollow.

(1) Interview. If you are interested ingetting a first hand look at eachprospect, a session of personal in­terviews held at the Fayettevi lIe LawSchool Building (Waterman Hall)would be to your advantage. Simplynotify us that this is your plan and wewill work with you by handling all ofthe details such as the location, timesof the interviews and scheduling theapplicants at your convenience.

(2) Application. If you would prefera method other than an interview,another very effective process is tohave the applicants send you a com­pleted application upon which youcan make a tentative decision andthen schedule a later interview. In thisprocess, we will have all interestedprospects to complete the applicationand send them to you by a final

deadline date, to be set by you. Also,you should send us a copy of your ap­plication form.

(3) Resume: If your positions to befilled are very few and you plan toonly have a few apply, a process

'Seventy-seven students were namedto the honor roll of the University

The Honorable Lyle Brown of theArkansas Supreme Court received acertificate denoting his honoraryinitiation into Phi Alpha Delta In­ternational Law Fraternity followingceremonies here recently. The Justiceof the 125 member chapter from theSchool of Law, Robert Cloar, presen­ted the certificate. Once a year themembers elect a non-PAD who hasdistinguished himself in the legal pro­fession. Judge Brown's career, hisopinions from the bench, and hissignificant contributions while on

57

William R. Meeks IIILaw Student Placement ServiceUniversity of Arkansas Law

Schoolc/o Mr. James W. GallmanFayetteville, Arkansas 72701

School of Law, Fayetteville Division,for the fall semester.

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A Legal Seminar...

''LAW FOR EVERYONE"A Community Services Project

sponsored jointly by

Sebastian County Bar Associationand

Westark Junior College

18 January-23 May, 1972(Editor's note: The Bar and the General Public are indebted to the SebastianCounty Bar Association and Westark Junior College for this living memorial.Association President Robert T. Dawson has written this commentary.)

Director Harold Hile of Community Services at Westark Junior College discusses "Law forEveryone" lectures with President Robert Dawson of the Sebastian County Bar Associationand Judge Warren Kimbrough, Project Chairman.

In May of 1971, a young attorneyfrom Fort Smith, Thomas G. Graves,was killed in an automobile accidentoutside of Russellville. Two other out­standing young men were killed inthis accident, and the wives of allthree men were seriously injured. Theentire City was shaken by this tragedybut nowhere was the loss felt asdeeply as in the legal community.

Tom was a native of Muskogee,Oklahoma, and had been a member ofthe Arkansas Bar and the firm of War­ner, Warner, Ragon & Smith since hisgraduation from O.U. in 1963. Tomwas a very competent attorney andwas quite active in all Bar Associationactivities. The Bar Association wantedto do something in memory of Tomthat would be both lasting andmeaningful to both the Bar and thecommunity. The idea of a communityservice course to be taught at WestarkJunior College was then conceived.

Chancellor Warren O. Kimbroughwas asked to serve as Project Chair­man and proceeded to formu late theSeminar. Judge Kimbrough has donean outstanding job of organizing whatwe believe to be a very informativeand stimulating community serviceprogram.

The program is open to the generalpublic and is conducted free ofcharge. The response thus far hasbeen very enthusiastic as 86 peopleattended the first session and over100 the second session. We anticipatethat the enrollment will continue to in­crease throughout the course.Although we are very proud of the at­tendance figure, I think a much moretelling factor is the people that we arereaching in this Seminar. We haveeverything from factory workers toretired people to high school studentsactively involved in the seminar.

The course is entitled "Law forEveryone", and is designed to betterinform the general public with

reference to our legal system, itsnature. needs and processes. The firstsession began on Tuesday night,January 18, and the sessions will con­tinue for two hours each Tuesdaynight each week through May 23,1972.

All members of the SebastianCounty Bar Association are par­ticipating in the program and themembers that have participated aremost enthusiastic about the receptionthat the program is receiving. Thecourse is divided into ten sectionsand each section has a leader andseveral attorneys. The sections in­clude the Court system, criminal law,real property, personal property, willsand trusts, bankruptcy, taxation, in­juries to the person or property, in­surance, business entities, civil andconstitutional rights and familyrelations. Various methods of presen­tation are utilized by teams, includingpanels, lectures, films, handouts andcase discussion. We obtain critiquesheets from the persons in at-

tendance, and these sheets are mosthelpful in determining both the strongpoints and the weaknesses of theprogram. These critique sheets will beassembled at the end of the programand hopefully will enable us topresent better programs along thesame lines in the future.

At this point perhaps it is prematureto talk about what the SebastianCounty Bar Association will do in thefuture, but it is the feeling of the Barthat we should continue a program ofthis type on a regular basis. There hasalso been some discussion about con­ducting a credit course at Westark,and placing the salary that an in­structor would receive into a scholar­ship fund.

By conducting this law seminar, wehope to better inform the generalpublic about the law and especiallythe role that lawyers play. We hopethat at the conclustion of the programthe general public will have a betterunderstanding and opinion of law andof lawyers.•

59

•

PHOTOHighlights

19th Mid-Year Meetingand

Standards Workshop IIIJanuary 20-21, 1972

Arlington HotelHot Springs, Arkansas

The Challenges AreBeing Met In

ArkansasText of Address by Mr. Justice Tom C. Clark at the opening joint session of the19th Mid·Year Meeting of the Arkansas Bar Association and of the ArkansasJudges' and Prosecuting Attorneys' Workshop III on Standards for CriminalJustice· January 20, 21, 1972,

(Editor's Comment: "Strike a Medalfor Arkansas" - these are the words ofMr. Justice Clark. The ArkansasBench and Bar and Legislature havethe right to feel proud of his com­mendation. The programs for disci­plinary enforcement and implementa­tion of the Standards for Criminal Jus­tice will continue. "No, Mr. JusticeClark, it was our privilege to have youwith us - the latch is always out foryou in Arkansas,")

Mr. Deacon, Mr. Chief Justice, andour other fellows of the Bench andBar, it is indeed a great privilege to beback here. This is my fourth offense,Mr. Chief Justice. I suppose that givesme a life sentence, at least. (Laugh­ter.)

I don't know why, unless you areglutons for punishment, you wouldhave me back so many times: but I ap­preciate it very much because, as Iwas telling the general manager of thehotel, I just love his lare. Sometimes Ihave to take the baths - afterwards. Ialso love it because I get such a warmwelcome. I come among ye, and yetake me in.

It's like the story young Henry Fordtold me. I went over on the QueenElizabeth II to the bar meeting lastsummer: and Henry 111 was on theboat. He was telling me about his - Iguess it would be his great-grandfa­ther. when he went over to Ireland.

While Henry Ford was there. somepriests called on him. They told him ofthis chapel that they had tried to buildbut that they had run out of moneyand couldn't complete it: and that itwould take about $50.000.00 to com­plete it. He finally told them he wouldgive them $5,000.00. The next morninghe went down to breakfast. He pickedup a paper and saw an item in it thatsaid Mr. Ford had agreed to give them$50,000.00. He was a lillie disturbedabout that. When he went to his room

later, there was a knock on the door.The same priests came in and theysaid, "Mr. Ford, we're very much em­barrassed over the item in the paper.They misunderstood what we said,and we're going to ask them to cor­rect it this afternoon and say it's only$5,000.00."

So Mr. Ford said, "Well, maybe weought to talk it over." Finally he said,"You know, I might give you the$50,000.00 if you would let me picksome phrase out of the Bible and putit over the door to the entrance to thechapel." They readily agreed, and hewent on back home. They wrote him aletter and said they were waitingbreathlessly to get the scripture orpsalm that he wanted them to use, Sohe sent them back a psalm and verse;and it said, "I came amongst ye, andye took me in." (Laughter.)

Now, Mr. Chief Justice, you took mein in a different way - just the oppo­site - and I do appreciate it verymuch. Being a neighbor from Texas, Iappreciate it all the more. I came heretoday - I left Washington at 7:00 thismorning and I am going back at 4:50- because I wanted to meet with youand exchange ideas, and also to con­gratulate you on two phenomenalsteps that you have taken recently inthe area of the improvement of justice,not only civil but criminal justice.

One of those areas is in the area ofdiscipline, about which we havetalked before. The other is in the areaof the Standards of Criminal Justice,which you know the ABA prepared af­ter a five-year study. and which arenow being studied by thirty states,and which we hope to become adop­ted in all of the states in due time. Ihappen to chair the Committee to im­plement the standards and that's whyI am anxious to give it a little plug.

TogethernessNow. getting back to the reason

why I really came here. It is becauseyou have a togetherness in Arkansas

64

that is not, I think, exhibited in anyother state. By "togetherness," 1 meanthat all of us who are in public lifehave problems. The courts have prob­lems, and as the Chief Justice knows,they get kicked around. Sometimesthe Federal Courts get a little morekicking around than the state courtsdo. The legislature sometimes getskicked around, and sometimes theexecutives get kicked around. Some­times they fight one another. They donot agree. You have read about theseincidents in the paper yourself.

But I must say that in Arkansas, un­like any other state, any other state ­and I make no exception - you havea "togetherness" in this regard thatno other state exhibits. I say this be­cause your legislature, not too farback, passed an enabling statute thatpermits your Supreme Court not onlyto adopt these disciplinary rules,which you did adopt, which an Arkan­san developed - Ed Wright, in hisCode of Professional Responsibility­but it also gave the Supreme Courtthe power to implement these rules.As Chief Justice Hughes so much em­phasized, the rules we make, just likethe Constitution itself, are just a pieceof paper un less we implement themand bring them to reality; and unlesswe enforce them and' bring themhome to every person among us.

So when the Arkansas legislaturepassed this act which enabled the Su­preme Court not only to implementthe necessary rules but also adopt theStandards of Criminal Justice, I takeoff my hat to them. I take off my hat tothe Supreme Court of Arkansas forcatching the ball. It was quite a passand they caught the ball and made atouchdown, just like - well, Ishouldn't mention the Cowboys, Iguess, but that's my home town andso I suppose I have the privilege tomention them.

Disciplinary EnforcementIn any event, the Chief Justice and

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ActionYou are going to talk about some of

it in the sentencing procedures youhave today, which I think is one of themost important Standards. Other sec­tions, like the omnibus hearing, I putin the top ones in importance becausethey will expedite, expedite, thedisposition of the cases. Throughsuch disposition of the cases, you willfind that a deterrent will be present tostop some of this criminal intent and

Continued on page 66

They turn out men who are hardenedcriminals and who run around andcommit crimes." Of course, the courtsdidn't turn them out at all. The courtsthere give as heavy a sentence as anycourt in the United States, and theydidn't turn them out. The only peoplewho can'turn them OUf are the paroleboard or the governor, but the courtscouldn't do it.

The idea I want to get over: thistogetherness is necessary, this toge­therness is necessary. We shou Id notstart biting one another back. Just tryto get together and try to work it out.It is a problem bigger, bigger, biggerthan the courts can solve. It is biggerthan the bar can solve itself, or thelegislature can solve itself, or thegovernor can solve himself. We haveto have a togetherness of all thepeople in order to solve this problemof crime in the United States. There ismuch we must do.

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Arkansas. I have told no less than fif­teen or twenty states the same thingin the last year or so, after Arkansasshowed this great speed in seeingthat the disciplinary problem wassolved here.

When the Supll1me Court raised thetake from $2.00 to $17.00, I hollered,"Hallelujah," because I knew then itwas a reality. a reality right here inArkansas - a small bar, yes, but asDaniel Webster said in the DartmouthCollege case, "It's a small college, butthere are those who love it.,. Andthere are those who love this bar, andI am one of them. There wi II be agreater harvest of success by this or­der of the Supreme Court of Arkansas.

MISSING

AND UNKNOWN HEIRS LOCATED

The StandardsNow, let's get down to the second

point. The second point is on theStandards of Criminal Justice. Youread much and you hear much of thecrime wave. Some people say that it isgreater than others, but we all admit itis greater than it should be. I know,and you know possibly, that you don'twalk around your neighborhood asmuch after dark as you used to. Idon't, and I'm sure that is true in manyareas of the United States.

Now, how are we gOing to solvethis? We are not going to solve it bybickering and carrying on with oneanother. I was in New York the otherday. The Commissioner, head man ofthe police department, said, "Well, thecourts - the courts are to blame.

the Supreme Court of Arkansascaught the ball. They immediatelyadopted the Code of ProfessionalResponsibility. but they didn't stopthere. No, they didn't stop there. Youcall it unification. In some parts of theUnited States, we call it integration.Here. it's unification. They unified theBar insofar as financial support wasconcerned for the disciplinary pro­gram, and they appointed a commit­tee. a Supreme Court committee ­not a committee of the bar or theexecutive, not a committee of thelegislature, but a committee of the Su­preme Court of the State of Arkansas.

As a result, this committee wentimmediately into action. They foundout. as all committees do sooner orlater, that the $2.00 the Court hadadopted as a tax. you might say, onthe unified or the entire bar was har­dly sufficient. As I pointed out sometwo years ago when I was here - andI appreciate Mr. Deacon having mehere; he was then president of theArkansas Bar Association - $2.00was not sufficient because it wouldnot bring in over $4,500.00 or$5,000.00, Of course, that would be in­sufficient.

When 1 came back today, I washappy to pick up a paper and see thepicture of the young man whom youhave selected to be the executivesecretary of this committee and whowould enforce these rules. I read ofhis having been associated for manyyears, even prior to my time on the Su­preme Court, with the FBI. I know thatyou have made a good selection; thatyour committee, Mr. Chief Justice, hasmade a good selection. I am theprouder of you and each of the mem­bers of the Court in passing this ruleand increasing the $2.00 take to$17.00. I know that's quite a jump.

I noticed that one of the papers hada comment. They commented it wasquite a jump. but it was a deservedJump, they said, one that will bring ef­fective justice to the people and makethem realize the Bar can, and the Barwill, police itself and see to it that allmembers of the Bar obey thesecanons or these rules that Ed Wright'scommittee drew up and which wereadopted by the ABA and later adoptedby the Supreme Court of Arkansas,thereby becoming effective in Arkan­sas itself.

1 know, and you know, this is justthe beginning. This is just the begin­ning. But this togetherness, if it con­tinues, is going to prove successful;and I am sure it will continue. As I toldthe North Carolina Bar last Thursdayin Raleigh, North Carolina, theyshould take a leaf out of the book of

65

Continued from page 65

criminal action taking place in thecountry today.

So I think these Standards, youmight say, are a charter of effectivecriminal justice throughout the UnitedStates; and the sooner the statesadopt them, the sooner they will findthat the crime wave will be better fromthe standpoint of law enforcement. Ibelieve that through a togetherness ofour police departments, through atogetherness of our people, andthrough a togetherness of our threebranches of government, we will beable to solve this problem.

ArkansasNow, I think that you have gone fur­

ther, you have gone further, than anyother state with regard to the adoptionof part of the Standards. You have notadopted all of them because you havenot had an opportunity yet. Your com­mittee, the committee on criminalprocedures, has not had an oppor­tunity to develop all of them, to studythem.

We are not telling you, Mr. ChiefJustice, or your Court, to adopt themcarte blanche. Not at all. There aresome I do not agree with, and thereare some that I understand you do notagree with. But you adopt the onesthat you think would help - you arethe jUdge - that you think would helpin the enforcement of criminal law inthe great State of Arkansas.

Through the adoption of these ­for example, the speedy trial - youhave gone further than most of theother states. Indeed, only ten stateshave adopted any rules at all; thirtyhave taken them under study; some of

them have not done anything at all.My own state of Texas - they pickedout Florida, Texas and Arizona aspilot states, and not one of them hasadopted any rule to this time.

Strike a MedalSo I am taking Arkansas as an

example now. I think they ought tostrike a special medal for Arkansas. Iam going to suggest this to the Ameri­can Bar Association and its Board ofGovernors because these two suchimportant areas to the bar and to thepublic, the area of discipline amonglawyers - God knows that we need it- and the area of improvement incriminal procedures through theadoption of standards of practice, arethe most important in the branches oflaw that they affect.

For your having done so much andgiving example for the whole Unitedstates, I think that the American BarAssociation, representing a hundredfifty-odd thousand lawyers throughour country, should recognize it; andso I hope the twelve different statesrepresented in your meeting. I am im­pressed. You have twelve states repre­sented in this mid-winter meeting.Very few bars would have that even inan annual meeting. I hope that thesetwelve states will join me in trying toget this recognition.

Again, I am happy to be here againto shake your hand, to look you in theeye, and to tell you that I am yourfriend, that I am for what you are at­tempting to do, and that if there isanything that I can do to assist you,you should call me up as quickly aspossibie.

It's somewhat like the story aboutAdlai Stevenson - a great man, a

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great man. The American BarAssociation one time had asked Mr.Nixon to make a speech, before hewas President. You may remember,though most of you would be tooyoung, that Mr. Nixon in closing thedoor of his car caught his hand in thedoor and hurt his hand pretty badly.He could not come to the meeting.This happened on the same day. Theycommenced to look around to try tofind a substitute. They sent emissariesto Adlai Stevenson to ask him tocome, and he said he could not do it.Then finally, they called him directand asked him. He said, "Fine, I'llcome right over." He said in thespeech that night, "That reminds meof a story." He always had a story toillustrate.

He said, "There's the story of thislady that had strayed from the straightand narrow path, and so she went toconfession. She confessed her sins tothe preacher, and he said to 'sin nomore. Go forth and sin no more.' Andhe was hoping he would not see heranymore. But, unfortunately, the nextSunday when he was going to thedoor to greet his parishioners as theycame out, he saw her in the audience.He watched for her in the aisle. As shegot to him, he decided to ask her aquestion first to set the pace. So hetook her hand and he said, 'Sister, Iprayed for you for two hours lastnight.' And she looked him in the eyeand she said, 'Parson, you were wast­ing your time. If you'd called me up, Iwould've come right over.' " (Laugh­teL)

So you just call me up; I'll comeright over.

Thank you.(Applause. Standing ovation.).

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67

It is a great privilege for meto join with my brothers in thelegal profession in this finemeeting of the Missiouri BarAssociation. Arkansans andMissourians have a close kin­ship of interest in many things,geographic, economic, social,and not the least of which isour sharing of common viewson the significance of our legaltraditions and customs and theimportance of maintaining theintegrity of our legal system.

The sUbject I have chosentoday might be entitled "SomeReflections on the State of OurLegal System." I might addthat under the pressures of thetimes, those of us who serve inthe Congress, particularly aschairmen of committees, haveprecious little time to reflectdeeply on any particular sub­ject, certain Iy not the time wewould all like to have.

Law and CustomMr. Justice Holmes in his

classic on the Common Lawoffers as chief evidence of itsmajesty that in nine times outof ten, the judge on the Bencharrives at the same decision as wou Idthe citizen on the street. It seems tome that in this simple observation thegreat Justice distilled much of the his­tory and a great deal of the wisdom ofthe human race. He suggests, forexample, that while law and customare interlocking, law is derived morefrom custom than custom from law.Certainly, this is true historically.There were customs long before therewere written laws, and indeed, it isscarcely 40 centuries since there havebeen even primitive written codes oflaw. Even today there are primitivesocities. who have no written lan­guages, but which are neverthelessgoverned by custom.

Custom, indeed, is the basic law ofthe land, for again, as Mr. JusticeHolmes observed, "The Criminal Lawdoes not define what a good manshould do; it defines what happens toa bad man if he doesn't." From this,our English cousins have derived anaxiom. which taught and accepted bythe English people, has brought thema degree of domestic tranquility whichwe have yet to attain. That simpleaxiom is that the essence of a goodcitizenship is the observance of theunenforceable. It will be seen in thisthat I suggest that in our currentthinking on the state of the law, someare putting the cart before the horse.More particularly, it seems reasonablyapparent to me that the legal break-

Remarks of Honorable Wilbur D. MillsBefore the

Missouri Bar AssociationKansas City, Missouri - Dctober 7, 1971

down in law enforcement is caused bythe moral breakdown in the custom oflaw observance. Perhaps it is a markof the seriousness of our times that acase must be made for the obser­vance of the law.

The fact is that some leadingpsychologists and sociologists - awhole school of thought, in fact - bit­terly blame the Government both forsocial injustice and lack of law en­forcement while they simultaneously

68

appear as violent advocates ofmass-nan-observance of thelaw.

I cannot agree with theirview.

I suggest that there is nogreater social injustice thanparalyzing the function ofgovernment.

I suggest further that it isboth a contradiction in termsand a self-defeating revolu­tionary tactic to attempt tochange a law by refusing toobey it.

As Mr. Justice Holmes indi­cated, the great quality of theCommon Law is its flexibility.Thus, in its smallest applica­tion, flexibility enables a courtto apply its abstract principlesto the precise facts of the casebefore it, to bend the law,within limits, to justice as dic­tated by customs. In its largeraspects, it enables the Com­mon Law to expand with thecustoms themselves.

However, it seems clear thatit is beyond the power of thelaw, legislative or judicial, tochange the deep basic cus­toms of the people, as our

country learned during prohibition.Why? Because if, as Edmund Burkedeclared of the Colonies, "you cannotindict a whole people," it is even moreimpossible to convict a whole people,both through sheer weight of numbersand because they themselves are thejury. Accordingly, nothing breaksdown law enforcement more than anattempt to enforce a law which thevast mass of the people will not ob­serve.

End of ViolenceBut if there is one law the American

people will observe, and in fact, areinsistent upon its enforcement, it isthat there be an end of violence. This,I suggest, is imbedded in the deepsubconscious of the humari race, for ithas been its tragic experience that themost dingy of courtrooms is far morecivilized than the most resplendent ofdueling grounds and battlefields. It isagreed that the law changes; but Isuggest that it is not less sacred be­cause it does and indeed, they mis­name as its fault one of its great vir­tues.

I am deeply concerned because thefailure to exercise powers already inexistence to quell the outrageous vio­lence of the small minorities who at­tempt to suppress the rights of thevase majority has led the majority intobelieving that they are unprotected intheir rights to liberty, and indeed, to

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Changing TimesIt is perfectly obvious to any sane,

let alone fair person, that these aretimes of great social upheaval. But, if Imay again refer to that great jurist, Mr.Justice Holmes observed that dif­ferentiation is the mark of a civilizedman. The subterranean upheavalwhich brought the North Americancontinent up from the seabed, fromour standpoint was obviously benefi­cial. The recent upheaval of the earth­quake in Los Angeles was no morebeneficial geographically than the so­cial upheavel in San Quentin prison.

There was a vast social upheaval inthe United States in 1776 - which re­sulted in a Constitution for a freepeople. There was a vast social up­heaval in many countries in the 20thCentury, by which Nazis and Com­munists abolished the rights of all in­dividuals in totalitarian states. Dif­ferentiation must obviously be madeas between these upheavals.

We cannot permit any minorities togain totalitarian control of the UnitedStates by interfering with its lawfulprocesses, and by the same token, weshould be mad indeed if we adoptedtotalitarian measures by the majorityto stop the totalitarian activities of theminorities.

We have the laws, and we have thelaw enforcement forces and we havethe courts necessary to protect our­selves. It seems to me that our firstduty as lawyers is to expel from ourmidst those members of the Bar whowou Id use the law to defeat the lawand the open forum of the courts toabuse the courts themselves.•

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and his adage in a page of historicalexperience as compared with a chap­ter of logic. In vain, the free people ofthe German Republic urged that theright to criticize was founded on thedesire to help. They did not prevail.The Nazi minority used the GenevaBill of Rights to destroy their own Billof Rights. They tormented the right ofassembly into the power to form vio­lent mobs, and having once intimi­dated the popu lation into giving themmembership in the Reichstag, theyused their seats to prevent the Housefrom transacting public business ­and in the end, they actually used theelective process to abolish the elec­tive process.

To my mind, to a lesser degree, cer­tain members of the Bar are usingtheir privileged positions to preventfair trials, or indeed, any trials at all.Frightful and obscene abuse of theJudges; packing of the courtroomswith avowed disciples of violence;"encouraged," if not prearranged, dis­order within the courtroom; dan­gerous mob action within the court­house squares; to say nothing of fla­grant violations of the Cannons ofEthics and, indeed, court rules bind­ing on counsel during trial of a case,in my opinion, constitute grounds fordisbarment which cannot be longerignored if the Bar Association is tomaintain its dignity and even more im­portantly, the respect of the people.

Let us not mistake this: it is not thedefendants, but the people, who inmany instances, cannot obtain a fairtrial, or indeed, any trial at all.

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life itself. It concerns me deeply whenthe American Bar Association Presi­dent reports that 60 per cent of theAmerican people will accept a sus­pension of the Bill of Rights and that66 per cent have no confidence in theSupreme Court. It concerns me morewhen 83 per cent of the people indi­cate that they believe that there is acomplete breakdown in law enforce­ment and yet 85 per cent believe moreforce should have been used at KentState.

I hold that violence of the majorityis no answer to the violence of aminority.

I hold that that Constitution whichhas stood us in good stead for nearlytwo centuries is enduring enough forthe next - provided it and its laws arebacked by the overwhelming moralforce of the American people. To thatend, I suggest that we resort to thatfirst and most fundamental of all morallaws, that at no time or at any place isit lawful to use unlawful violenceagainst the state. I hold that the firstduty of our government is to maintainthe domestic peace, and that suchabsolute duty is subject to no negotia­tion, at any time or at any place, withany violent group within its territorialjurisdiction. To hold otherwise is toreturn to a form of feudalism, to con­cede that there are permissible areaswithin the United States where its writdoes not reign. To tolerate such amonstrous proposition is to cast thecountry into guerilla war - and Iregretfully note, that there are thoseamong us who wou Id do so. I am ofthe opinion that on the problem of themaintenance of the domestic peace­we must stand out with the answerand the answer is that every ounce offorce within the state must be mar­shalled to maintain the Governmentand the Constitution.

Domestic TranquilityThe continuation of domestic tran­

qUility by the use of force, however,most certainly does not mean the ob­trusion of force into our customs. Theright of the people peaceably toassemble and to petition the Govern­ment for redress of grievances con­notes also the highest duly andrequirement on the part of the Govern­ment to hear patiently, sensitively, andcompassionately the source of theircomplaints with an earnest, sustained,and energized policy of redressingthem within its means. By the sametoken, of course, the inalienable rightsof the First Amendment have as theircorollary the duty to support thatGovernment which affords them. Hereagain, one turns to Mr. Justice Holmes

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Arlington HotelHot Springs, Arkansas

FALL LEGAL INSTITUTESeptember 22-23. 1972

Sheraton Motor InnLittle Rock, Arkansas

20th MID-YEAR MEETINGJanuary 18, 19. 1973

Arlington HotelHot Springs, Arkansas

11th OIL & GAS INSTITUTEApril 13-14. 1972

Majestic HotelHot Springs, Arkansas

of Little Rock

to the Honorable Wilbur D, Mills for over 30 years

of outstanding service to the State of Arkansas and

to America. We congratulate him on his perfor­

mance as Chairman of the Committee on Ways and

Means and proudly call him a Favorite Son.

M(MBElI HO["A,l OU'OSIT INSURANCE CORPORATION

LAWYERS' MARTFor "'1-

A very good law library. If in-terested please write

Mrs. Byron GoodsonOeQueen, Arkansas

for detailed list and description.

American FederalTax ReportsPrentice Hall

Vols. 1 lhru 52 and 1 (2nd series)thru 10 (2nd series) and citatorsthru 1962

P. O. Box 2433Litlle Rock, Ark.

376-2758

Solicitation 0' Explanation tor Failureto Timely File Forms 990

The Tax Reform Acl of 1969 imposes a penally of $10 per day onorganizations which fail to timely file a required Form 990 or report ofthe foundation manager. Because of the severity and newness of thepenalty, the Internal Revenue Service has decided to afford theorganization every opportunity to establish reasonable cause prior toassertion of the penalty.

In case a Form 990 or report from a foundation manager is receivedafter the prescribed grace periods and is not accompanied by an ex­planation of the reason for lateness, the Mid-Atlantic Service Center(for all Forms 990 except 990-P) will send Form 4816 to theorganization and solicit an explanation for the failure to timely file.

Computation of Minimum TaxInternal Revenue Service Centers have been requesting Forms 4626

in all cases where corporations had Section 1201 gains. As a resu It of aquestion raised by the Federal Taxation Committee of the ArkansasSociety of CPA's, the Internal Revenue Service has announced that theService Centers will now request Form 4626 only when the alternativetax applies (or some other item of tax preference is apparant). Cor­porations need file Form 4226 with respect to capital gains only if thealternative tax applies.

Withholding AllowancesE. E. Cook, Jr., District Director, Internal Revenue Service, Uttle

Rock, suggests that practitioners be reminded that the withholdingallowance for Standard Deduction, and Additional WithholdingAllowances for Itemized Deduction, lines 3 and 6 of new Form W-4 aresolely for withholding purposes. Their clients should be instructed toclaim only those personal and dependency exemptions to which theyare entitled when filing Estimated Tax Returns and when filing theirForm 1040 for the year.

TAX TIPS

71

A Tribute To Our Very Good Friend. ..

1he Honorable Wilbur D. Mills

J

ASSOCIATED MILK PRODUCERS, INC.

72

For Fast Dependable Service"Ship by Truck."

Chauffeurs Teamsters Warehousemen

and Helpers Local Union No. 878

Odell SmithPresident and Business Representative

6000 Patterson Little Rock, Ark.

It is our pleasure to pay tribute tothe honorable Wilbur D. Mills - -­a true American - - - a true friend

Truman Baker Chevrolet Co.Searcy, Arkansas