Entries - Entry Category: Law - Starting with U

The U.S. Marshals Service (USMS) is the oldest federal law enforcement agency in the nation. Divided into ninety-four districts, the agency’s structure aligns with that of the United States district courts. Arkansas has two districts—the Western District headquartered in Fort Smith (Sebastian County) and the Eastern District headquartered in Little Rock (Pulaski County). During the nineteenth century, fugitives often fled to Indian Territory (present-day Oklahoma) in an effort to escape prosecution. Apprehending these criminals was a dangerous assignment for the U.S. deputy marshals—consequently, there are more deputy and special deputy marshals buried in the Fort Smith region than anywhere else in the nation. On September 24, 1789, George Washington signed Senate Bill 1, which included the Judiciary Act, of which …

The case U.S. Term Limits, Inc. v. Thornton (514 U.S. 779, 1995) began as a conflict over term limitations placed on those elected to the House of Representatives (three terms in office) and the U.S. Senate (two terms in office) from the state of Arkansas. It ended with the U.S. Supreme Court interpreting the role of the states in the federal structure created by the U.S. Constitution. The Court resolved the dispute by ruling that the qualifications for those elected to the U.S. Congress listed in the U.S. Constitution are exclusive. Thus, states may not impose additional qualifications upon candidates for the U.S. Congress either directly, or, as in the case of Arkansas, indirectly. Arkansas imposed term limitations through Amendment …

James M. Underwood was hanged on December 7, 1883, near Dardanelle (Yell County) for the shotgun slaying of a prominent local farmer. James M. Underwood, a native of Tennessee, lived at the home of “well-to-do farmer” Robert J. Pendergrass about five miles south of Dardanelle, as he worked on the Pendergrass farm. However, “an intimacy between Mr. P.’s wife and Underwood caused a quarrel in the family, which ended by Underwood changing his home.” He moved in with Joshua Toomer nearby. On September 1, 1883, Pendergrass drove his wagon into Dardanelle to conduct some business. When he was nearing his home later that day, “he was fired on from the brush and killed instantly.…Mr. P. had received the buckshot in …

In the spring of 1873, four unidentified African Americans were reportedly murdered by other black residents in Union County in response to a hideous attack they allegedly committed on a white woman. Newspapers across the nation printed the report, based on a letter written by county resident Thomas Warren to a friend in Clay County, Missouri. In 1870, Warren, a native of Missouri, was a farm laborer living near Van Buren (Crawford County) with his wife and two children. Warren reported that in mid-March 1873, a pregnant married woman in Union County started off on horseback to stay with a neighbor for several days. When she arrived at the neighbor’s house, no one was there, and she started to ride …

Three people were lynched in the Union County community of Mount Holly on August 30, 1904. These include one white man known only as Stover (or Stowers), a black man sometimes identified as Smead Stith, and a black woman identified only as Bates. There was a black man named Smead Stith living in Union County during the 1900 census. He was aged nineteen and working as a farm laborer. Two white men, Charley and Jessie Stover, father and son, are recorded as living in Claiborne Parish, Louisiana, on the same census, both working as farmers. There are a number of possibilities for the identity of Bates in both southern Arkansas and northern Louisiana. The Osceola Times covered the situation more …

The United States District Court for the Western District of Arkansas is the federal trial court of record for thirty-four counties in western, south-central, and north-central Arkansas. With headquarters in Fort Smith (Sebastian County) and branches in Fayetteville (Washington County), Harrison (Boone County), Texarkana (Miller County), Hot Springs (Garland County), and El Dorado (Union County), the three judges and two magistrates of the Western District under Article III, Section 1 of the U.S. Constitution exercise judicial power over “all cases in law and equity, arising under [the] constitution, the laws of the United States, and treaties made or which shall be made.” Generally, the Western District exercises power over two broadly defined types of civil cases: those that involve a …

The court case of United States v. Burch centered upon Chris Burch’s opposition to Bill Barnes’s expansion of his private resort community, Mountain Harbor Resort, farther into the Ouachita National Forest in western Arkansas. Chris Burch had lived around the forest since 1977 and enjoyed its natural beauty. Bill Barnes’s father had leased lands from the U.S. Army Corps of Engineers in 1955, and Barnes was continuing his father’s work: to develop the land to meet the public’s needs as was dictated by the lease. Burch’s family, who owned and operated a small motel and general store, was friendly with—and even referred customers to—Barnes, who frequently returned the favor. Burch, however, was troubled when Barnes requested a new lease over …

United States v. Miller et al. originated in the U.S. District Court, Western District of Arkansas, Fort Smith Division when a federal grand jury indicted two men for transporting a sawed-off shotgun from Oklahoma to Arkansas in violation of a federal firearm statute. The case eventually became the single instance in which the U.S. Supreme Court explicitly tackled the Second Amendment in the twentieth century, and it remains controversial to this day. The National Firearms Act (NFA), Public Law 73-474, effective July 26, 1934, was in reaction to widespread gun violence during the Prohibition era. The NFA required that certain weapons—principally machine guns, sawed-off shotguns and rifles, and silencers—be registered with the federal government and be heavily taxed. On April …

United States v. Waddell et al. is a U.S. Supreme Court case that arose from an 1883 incident of nightriding (sometimes called whitecapping) in Van Buren County, in which a group of armed white men attempted to drive off a Black homesteader. The case centered upon the question of whether or not an individual, having settled upon a piece of property for purposes of obtaining a federal homestead, enjoyed the protection of the federal government in attempting to exercise his rights in the face of conspiracies to intimidate. On December 13, 1882, Burrell Lindsay (sometimes spelled Lindsey), an African American man, made a homestead entry for a tract of land in Bradley Township in southeastern Van Buren County. On the …

The University of Arkansas at Little Rock William H. Bowen School of Law is one of two Arkansas law schools, both of which are state supported and part of the University of Arkansas System. The first formal program of legal education in Arkansas was established in Little Rock (Pulaski County) in 1868 and was known as the Little Rock Law Class. Arkansas Industrial University, now the University of Arkansas (UA) in Fayetteville (Washington County), assumed sponsorship of this law class in 1892, establishing the Law Department in Little Rock under the deanship of Judge Frank Goar. The Law Department existed until 1915, when, as the result of disagreement between the law school and the board of trustees over the law …

The concept of usury (defined as the lending of money with an interest charge—usually an exorbitant one) and its application to the lending function have generated significant head scratching and hand wringing over the years, especially in Arkansas. In fact, for much of recorded history, the lending of money at interest has simply not been considered a wholesome activity. In some early Jewish and Christian communities, it was considered immoral to take advantage of a needy neighbor by adding interest at any rate to his already burdensome debts. To this day, some majority-Muslim countries observing the law of Sharia, as set forth in the Koran and the Sunna, prohibit lending at interest at any rate, based on the same rationale. …