Entry Category: Law - Starting with S

Samuels, Stephen L.

Stephen L. Samuels, a Paragould (Greene County) native, was a lawyer at the United States Department of Justice for thirty-one years, developing a national reputation for expertise in environmental law, particularly the Clean Water Act of 1972. He served as the assistant chief of the Environmental Defense Section and oversaw some of the department’s most complex and contentious cases. In the wake of U.S. Supreme Court rulings that resulted in widespread confusion, he helped develop the Justice Department’s legal strategy for defending the Clean Water Act in nearly eighty lawsuits nationwide in state and federal courts. His work earned him the nickname “Mr. Clean Water Act.” Steven Lee Samuels was born in Paragould on February 2, 1952. He was the …

Sandels, Monti H.

Tennessee native Monti H. Sandels moved to Fort Smith (Sebastian County) as a youngster and became a lawyer. President Grover Cleveland appointed him the U.S. attorney for the U.S. District Court for the Western District of Arkansas, where he established a reputation for prosecuting outlaws and sending them to the gallows. He resigned that position to take a seat on the Arkansas Supreme Court in 1889, but both he and his wife were soon stricken by disease and died within two years. His death at age thirty-nine occasioned an outpouring of praise and grief by his colleagues on the court and by the Arkansas Gazette. His father, the Reverend John Sandels, was a native of Ireland and was educated at …

Sanders, Jim (Lynching of)

On the night of May 28, 1882, a mob removed a young African American named Jim Sanders from the custody of authorities and killed him, using “enough buckshot to kill a score of men,” according to one account. The previous day, he had allegedly attacked Nancie (sometimes referred to as Nannie) Carr as she was cleaning the schoolhouse in the Parker community of Union Township in Pulaski County. There is very little information about Jim Sanders, whom the Arkansas Gazette refers to as a “youth.” There were two African Americans named James Sanders in Pulaski County in 1880; the most likely match is James Sanders, born around 1872, who was living in Badgett Township with his parents, Charlie and Julia …

Sarber, John Newton

John Newton Sarber was a Union soldier who remained in Arkansas after the Civil War and served in the state Senate, where he introduced a number of influential bills, including those creating the public school system and what is now the University of Arkansas (UA) in Fayetteville (Washington County). He also served as U.S. marshal of the U.S. Western District Court at Fort Smith (Sebastian County). Logan County was originally named Sarber County in his honor. John Newton Sarber was born on October 28, 1837, in Pittsburgh, Pennsylvania, to Stephen and Lucille Sarber; he had one brother and two sisters. His mother died giving birth in 1849. The abolitionist family moved to Kansas Territory in 1855. Sarber and his father …

Sarver, Charles Robert (Bob)

Charles Robert (Bob) Sarver was a war veteran, a lawyer, and the first man appointed commissioner of the Arkansas Department of Correction, established in 1968. Named commissioner during the administration of Governor Winthrop Rockefeller, Sarver sought to institute reforms based on a modern and enlightened approach to corrections. He was one of the litigants in the landmark Holt v. Sarver case, which ruled that Arkansas’s prisons were unconstitutional. After leaving the Department of Correction, Sarver worked as a prison consultant and was a college professor in Little Rock (Pulaski County). Bob Sarver was born in Fairmont, West Virginia, on January 3, 1931, to Pennsylvania natives Charles Leasure Sarver and Tenie Elizabeth McCurdy Sarver. His father was an accountant, and his …

Save the River Parks Campaign

aka: Audubon Society of Central Arkansas v. Dailey
“Save the River Parks” was a slogan adopted by environmental and neighborhood groups in Little Rock (Pulaski County) in a four-year political and legal campaign that ultimately, in 1992, halted construction of a highway along the southern bank of the Arkansas River connecting the city’s downtown district to interstate highways and residential and business districts on the city’s western side. After a citywide vote and losing battles in state and federal courts, the city government, the Arkansas Highway and Transportation Department, and the U.S. Army Corps of Engineers abandoned the road construction. The subsequent construction of bicycle and pedestrian bridges over the Arkansas River and a tributary, as well as a trail system linking some twenty parks along the river …

Schumann, Clarence (Trial and Execution of)

Clarence Schumann was the second of only two people legally executed in Garland County (Harry Poe, an African–American teenager, was the first). On July 11, 1912, Schumann, a white man, murdered his wife after she refused to grant him a divorce. At trial, Schumann’s lawyers argued that his addiction to morphine rendered him insane and that he should be spared the death penalty. On October 29, 1912, however, a Garland County jury found Schumann guilty and sentenced him to death. He was executed on June 2, 1913.   On July 11, 1912, Clarence Schumann came home from work to find his wife, Lula, gathering clothes in the backyard. He shot her twice with his pistol, killing her. Garland County authorities arrested him that evening. When questioned, Schumann explained that he was angry that his wife would not grant him …

Scott County Lynching of 1843

In the spring of 1843, authorities in Scott County jailed a Native American man and an African-American boy for murdering a local family. The former was hanged, while the latter was burned alive. Only one published account was given regarding the incident and, as a result, limited information is available. The incident was reported in the June 2, 1843, edition of the Rochester Republican, but only in brief, with the whole report reading as follows: “The family of a Mr. Cox was recently murdered in Scott county, Arkansas, near the Choctaw lines, by an Indian and a negro, who were put in jail, and confessed the crime. The population afterwards took the negro out and burned him!” Norman Goodner’s 1941 book …

Scott-Selden Duel

aka: Selden-Scott Duel
The Scott-Selden Duel was fought on May 26, 1824, between Andrew Horatio Scott and Joseph Selden, both judges of the territorial Superior Court of the Arkansas Territory. Judges Scott and Selden worked together on the Superior Court from 1821 until the duel, which resulted in Selden’s death. Arkansas was created as a separate territory from Missouri in 1819. Congress vested the judicial power of the territorial government in a Superior Court, consisting of three judges appointed by the president for four-year terms, and in such other inferior courts as the territorial legislature might create. In 1819, Andrew Scott, Charles Jouett of Michigan, and Robert Letcher of Kentucky were appointed to be the first judges of the Superior Court. Jouett and …

Scott, Andrew Horatio

Andrew Horatio Scott was one of the first judges of the Superior Court of Arkansas Territory (predecessor to the Supreme Court of Arkansas) by virtue of appointment by President James Monroe. He was the first governmental official to report for duty at the village of Arkansas Post on July 4, 1819, and assisted in putting into operation the laws of the territory. He served as Circuit Court Judge for the first District and was the first county judge of Pope County. Scott County, created in 1833, was named in his honor. Andrew Scott was born on August 6, 1789, to Andrew Scott, a Scottish emigrant weaver and Elizabeth Ferguson in Hanover, County, Virginia. In 1808, he arrived with his parents, …

Scott, Bob

Bob Scott is a lawyer, politician, and longtime Republican operative. He is best known for his work during Governor Winthrop Rockefeller’s administration as a legal advisor on the state’s prisons and as a finance manager. Despite being a Republican his entire adult life, Scott became an outspoken critic of what he came to see as his party’s extremism and abandonment of its core principles and historical legacy. Bob Scott was born on October 6, 1933, in Gravette (Benton County) but grew up in Rogers (Benton County). He was the youngest of three sons born to Rogers native Kenneth Holmes Scott and Missouri native Jeffa June Beck Scott. In September 1940, Scott’s father died in a truck accident while working as …

Scott, Christopher Columbus

Christopher Columbus Scott was appointed to the Arkansas Supreme Court after the resignation of Williamson Simpson Oldham Sr. in 1848. He was elected to the position in 1850 and reelected in 1858. He served on the Arkansas Supreme Court until his death in 1859, the longest tenure of any justice in the antebellum period. Christopher C. Scott was born in Scottsburg, Virginia, on April 22, 1807. He was the son of General John Baytop Scott, who was a prominent lawyer and Revolutionary War soldier, and Martha “Patsy” Thompson, an accomplished daughter of a wealthy planter. John Baytop Scott was friends with many of the nation’s founding fathers, including George Washington, Thomas Jefferson, and James Madison. He was a graduate of …

Scott, George Washington

George Washington Scott was Arkansas Territory’s first U.S. marshal, serving from 1820 to 1831, as well as the state’s first auditor and the first clerk of the Territorial General Assembly. However, his volatile personality negated many of his early accomplishments, and he died a violent death in almost total obscurity. George Washington Scott was born in June 1798 in Virginia. He was one of six children of Andrew and Elizabeth Scott; his older brother, Andrew Horatio Scott, was later appointed as one of the first judges of the Arkansas Territory Superior Court. The family was living near St. Louis in the new Louisiana Territory as early as 1805. In 1808, they moved to Ste. Genevieve, Missouri. By 1815, they were …

Scott, Ralph Downing, Sr.

Ralph Downing Scott Sr. had a long career in law enforcement and served as director of the Arkansas State Police during most of Governor Winthrop Rockefeller’s administration. In this capacity, Scott enacted many reforms to the Arkansas State Police that improved the professionalism of the department. Ralph Scott was born in McCaskill (Hempstead County) on February 2, 1914, to Burton L. Scott and Grace Bonner Scott. He was the oldest of the couple’s three sons and graduated in 1931 from high school in Prescott (Nevada County). He received a BA in chemistry from Hendrix College in 1935. In 1939, he received a Bachelor of Commercial Science in accounting from Southeastern University in Washington DC. Scott married Ruth Hirst in 1940, …

Scruggs, David (Lynching of)

In late July 1885, an African-American man named David Scruggs was lynched by a mob of black citizens near Redfield (Jefferson County) for allegedly committing incest with his daughter. In 1880, farmer David Scruggs was living in Victoria (Jefferson County) with his wife, Nancy; an eleven-year-old daughter named Julia; and a ten-year-old grandchild. His wife was working as a laborer. Although some sources say that the lynching occurred on July 24, an Arkansas Gazette article datelined Pine Bluff (Jefferson County), July 24, gives the date as “one night this week.” As July 24 was a Friday, it is probable that the lynching occurred earlier in the week. The Alexandria Gazette says that it happened on Thursday night, which would make …

Seamster, Lee A.

Lee A. Seamster was a lawyer and politician from Benton County whose political strivings took him from leadership of the Ku Klux Klan (KKK) in the 1920s to a succession of municipal, county, legislative, and judicial offices and finally to chief justice of the Arkansas Supreme Court. Seamster’s political and ideological pilgrimage was typical of many young men who reached maturity during and after World War I. When Chief Justice Griffin Smith died in 1955, Governor Orval E. Faubus, whose own wide political wanderings were notable, appointed Seamster to serve the final twenty months of Smith’s term. Lee Seamster was born on September 14, 1888, in the Benton County community of Beaty, west of Bentonville (Benton County). He was one …

Searle, Elhanan J.

Elhanan J. Searle came to Arkansas as a Union soldier during the Civil War and served as a politician and judge before he returned to his native Great Lakes region. He was appointed justice of the Arkansas Supreme Court in 1871 by Governor Powell Clayton and played a role in the Brooks-Baxter War. His nearly two years on the court were unusually adventurous and resulted in the modern depiction of his judicial role in the so-called war as an attempted coup d’etat. The short battle was fought to determine which of two Republicans, Joseph Brooks or Elisha Baxter, was the real elected governor of Arkansas. During the melee, political foes kidnapped Justice Searle and another justice. President Ulysses S. Grant …

Sebastian, William King

William Sebastian represented Arkansas in the U.S. Senate from 1848 until 1861. Also a farmer, lawyer, and judge, Sebastian served his state until the Civil War ended his career. Sebastian County, formed on January 6, 1851, was named for him. William King Sebastian was born in Centerville, Tennessee, in 1812 to Samuel Sebastian and his wife. Records do not include the name of his mother or any siblings (he appears to be one of at least three children in the household in 1830.) or the exact date of his birth. Sebastian moved to Arkansas in 1835, living briefly in Monroe County before making his home in Helena (Phillips County). While in Tennessee, Sebastian attended Columbia College, graduating in 1834. He …

Securities Legislation

“Securities” are investment interests that include bonds, corporate stock, promissory notes taken in exchange for investment of capital, and less standardized interests such as ownership interests in partnerships and limited liability companies. Both federal and state laws regulate the purchase and sale of securities as well as the professionals and businesses that engage in commerce in securities. Both sets of laws apply independently, and the requirements of each must be satisfied. Individual states enacted laws regulating securities and the securities industry starting in the early twentieth century. These state laws are commonly referred to as “blue-sky laws,” because they were designed to protect gullible investors against scam artists who took money in exchange for interests no more substantial than shares …

Sees, Willis (Lynching of)

Little information exists about the lynching of an African-American man, Willis Sees, in late April 1899, for the crime of arson—specifically, the burning of barns—in Osceola (Mississippi County). A brief account, citing a report out of Memphis, Tennessee, circulated in Arkansas newspapers in early May 1899. The whole account reads as follows: “A special to Memphis of April 30th gives an account of the lynching of a negro named Willis Sees at Osceola, Mississippi county. It seems that a number of barns have been fired within the last few months near Osceola, and suspicion was directed toward Sees. The negro’s wife gave information which led to his arrest.” This account is missing a great deal of information standard to reports …

Selden, Joseph

Joseph Selden was one of the earliest judges of the Superior Court of the Arkansas Territory, the territory’s highest court. Selden was appointed by President James Monroe in 1820 to replace Robert Letcher, who left the territory abruptly after less than one year in office. Judge Selden served on the court until May 26, 1824, when he was killed in a duel with fellow jurist Judge Andrew H. Scott. Joseph Selden was born in Henrico County, Virginia, on May 7, 1787, to Colonel Miles Cary Selden and Elizabeth Armistead Selden. He was born on the family estate, Tree Hill, on the James River; he had eleven siblings. One of his younger brothers was William Selden, born in 1791, who became …

Semmes, Samuel Spencer

Samuel Semmes was a Civil War veteran, lawyer, and businessman in Mississippi County in the late nineteenth and early twentieth centuries. He served one term as the county judge. Samuel Spencer Semmes, the son of Raphael Semmes and Ann Elizabeth Spencer Semmes, was born in Cincinnati, Ohio, on March 4, 1838. His father, who was later the famed raider of the Confederate CSS Alabama, had moved to Ohio in 1834, marrying Ann in 1837. Semmes was the oldest of their six children. In about 1848, after serving in the Mexican War, Semmes’s father moved his family to near Mobile, Alabama, where Semmes spent his youth. By the early 1850s, he was attending the Jesuit school Spring Hill College in Mobile, …

Separate Coach Law of 1891

The Separate Coach Law of 1891 (Act 17) was a Jim Crow law requiring separate coaches on railway trains for white and black passengers. The law arose out of the political upheavals of the era, in which the Democratic Party sought to stave off challenges to their dominance by distracting voters with racist concerns, and it further relegated African Americans to the margins of social and economic life. By the late 1880s, large numbers of angry white farmers threatened to leave the Democratic Party and join new agrarian parties, such as the Union Labor and Populist organizations. Democratic chieftains and established elites tried to allay defections and distract attention from economic and class issues that were beginning to divide the …

Sevier County Lynching of 1881

In late May 1881, three African-American men were lynched in Sevier County for allegedly attacking a man who requested their help in crossing Rolling Fork Creek. The descriptions of the victim are confusing. The Arkansas Gazette described him as “an old man named Holly.” The St. Paul Globe reported that he was a prominent Sevier County farmer named R. F. Hall; the Memphis Daily Appeal concurred, adding that he was eccentric. The Nebraska Advertiser gave his name as A. F. Hall. In his “Early Days in Sevier County,” W. S. Ray wrote that he was a “simple-minded man named Hall” who was passing through the county. Public records do nothing to clarify his identity. His alleged attackers were not identified …

Shank, Mark H. (Execution of)

Mark H. Shank was an Akron, Ohio, attorney executed at Tucker State Prison Farm on March 8, 1935, for poisoning four members of the Alvin Colley family in Arkansas. Mark H. Shank was a partner in Akron’s Cain & Shank law firm. He was defending a man named Clarence Braucher on a forgery charge and hired Alvin Colley, a young machine operator who lived in Medina, Ohio, in 1930, to steal documents in the case from the prosecutor’s office. After bragging around Akron about the crime and Shank’s role in it, Colley and his family fled to Arkansas, living in Hot Springs (Garland County) as the Roy Fetty family. On August 15, 1933, Shank and the Colleys went for a …

Sharp, William (Murder of)

Several online lynching lists and the Equal Justice Initiative indicate that an African American man named George Bert was lynched in Desha County on July 21, 1883. Investigation of this lynching reveals a number of confusing reports. While the Wheeling Intelligencer lists the victim as George Bert, other papers identify him as Albert Beth, Albert Best, Albert Vess, and Albert Vest. The incident also led to an interesting discussion at the time on the state’s practice of leasing state prisoners to convict farms across Arkansas. The reported lynching arose out of the murder of a prisoner named William Sharp by an overseer named Alfred Werner (occasionally referred to as Warner) on the Desha County prison farm. (The Wheeling Intelligencer gives …

Shaver, James Levesque Jr.

James L. Shaver Jr. became an influential figure in the Arkansas House of Representatives in the second half of the twentieth century. Over the course of almost four decades in the Arkansas House, he played an important role in shaping policy in numerous areas. James Levesque Shaver Jr. was born on November 23, 1927, in Wynne (Cross County). The son of one-time lieutenant governor James Levesque “Bex” Shaver and Louise Davis Shaver, he grew up in Wynne and received his early education there, graduating from the local high school. He enlisted in the U.S. Navy. After he received an honorable discharge in February 1946, he attended the University of Arkansas School of Law, receiving a JD in 1951. Shaver married …

Sheffield, Ronald Lee

Ronald Lee Sheffield, a lawyer, was a state insurance regulator for many years and served for a year as a justice of the Arkansas Supreme Court. Sheffield overcame many misfortunes to become the sixth African American to serve on the state’s highest court. Ron Sheffield was born on June 30, 1946, in Coshocton, Ohio, to Mildred Hattie Sheffield. He never learned who his father was. His mother had been married and divorced; her son Billy Richards, who was reared by a grandparent, became a Muslim and changed his name to Hakim Bey. After Sheffield was born, his mother married Lee Evans Taylor Jr., a laborer at a General Electric (GE) plant. She worked as a maid and occasionally at the …

Shelton v. Tucker

Shelton v. Tucker was a 1960 U.S. Supreme Court case that thwarted Governor Orval Faubus and his allies’ effort to all but end the operations of the National Association for the Advancement of Colored People (NAACP) in the state. In ruling that the recently enacted Act 10 of 1958 violated the freedom of association protected by the First Amendment, the Court rebuffed the state’s efforts, allowing the organization to continue its work. The statute at issue, Act 10 of 1958, was one of a number passed by the Arkansas General Assembly in the midst of the Central High School desegregation crisis. The law sought not to target the NAACP’s leadership but rather those whom Governor Orval Faubus and the legislature …