Entry Type: Thing

Abernathy Spring

Abernathy Spring is a mineral spring located in Polk County, 2.8 km (1.75 mi.) east of the unincorporated community of Big Fork on the north side of State Highway 8. Elevation is 335 meters (1,099 ft.). The spring was owned by Rufus J. Abernathy (1856–1932), who resided at Big Fork and is buried at the Pleasant Grove Cemetery just outside of town and east of the spring. Water from the spring drains into adjacent Big Fork Creek (a tributary of the Ouachita River) and, at one time, was used for domestic purposes, such as for water supply and to keep food cold. There are actually two springs at this location—the primary one is a 75 cm (29.5 in.) diameter galvanized …

Abortion

Abortion is defined as either a spontaneous early ending of a pregnancy (a.k.a. miscarriage) or an induced early ending of a pregnancy. In Arkansas, amidst changes in abortion’s legal status over the years, women have sought abortions for various reasons, including maternal and fetal health problems, financial concerns, and the stigma of single pregnancy. On March 9, 2021, the Governor Asa Hutchinson signed into law a bill that outlawed all abortions, with no exception for the termination of pregnancies due to rape or incest, save those performed to save the life of the mother in a medical emergency; this law was designed to set up legal challenges to the U.S. Supreme Court precedent of Roe v. Wade and came two years after …

Acanthocephalans

aka: Spiny-Headed Worms
aka: Thorny-Headed Worms
These cylindrical metazoan worms, superficially similar to nematodes, belong to the phylum Acanthocephala and include four classes, ten orders, twenty-six families, and about 1,300 species. Recent molecular studies suggest that Rotifera (rotifers) and Acanthocephala are phylogenetically related sister groups. Adult members are highly specialized, dioecious (having distinct male and female colonies, as opposed to hermaphroditic) parasites of the intestinal tract of a variety of vertebrates (but not generally humans). They cause serious disease fairly rarely. The life cycle involves at least two hosts, either an aquatic intermediate host (Amphipoda, Copepoda, Isopoda, and Ostracoda) or terrestrial intermediate hosts including insects, crustaceans, and myriapods. Fishes, amphibians, reptiles, birds, and mammals serve as definitive hosts. Acanthocephalans range from 0.92 to 2.4 millimeters long …

Accomplices to the Crime

Accomplices to the Crime is penologist Thomas O. Murton’s 1969 nonfiction account of his efforts to reform the Arkansas prisons during the administration of Governor Winthrop Rockefeller. The book provides a graphic description of the brutality and corruption at Tucker Unit in Jefferson County, where Murton spent most of his time as a prison manager. The book also examines Murton’s brief but controversial tenure at Cummins Unit in Lincoln County. The book, written by Murton and Hollywood writer Joe Hyams, sold well and became the basis for the 1980 film Brubaker, starring Robert Redford. Some of the claims Murton made in the book, however, were later challenged. The book begins with the Murton arriving in Arkansas, where he was responsible …

Acme Brick Company

Acme Brick Company began operation in 1891 and is now the largest American-owned brick and masonry manufacturer in the United States, with more than $175 million in sales in 2007. Although Acme operates a number of companies that produce a variety of construction materials, bricks remain its primary product, making more than one billion of them each year. The company started production in Texas, but, in 1921, Acme opened a plant in Hot Spring County. Since then, the company has expanded its presence in Arkansas to become the major producer of bricks in the state. George E. Bennett founded the company and served as its first president. A native of Ohio, Bennett arrived in Dallas, Texas, in 1876. Several years …

Act 10 of 1958 [Affidavit Law]

A special session of the Arkansas General Assembly passed Act 10 in 1958 as one of sixteen bills designed to bypass federal desegregation orders stemming from the desegregation of Little Rock Central High School. The measure required state employees to list their political affiliations from the previous five years. Ostensibly, the act would root out subversives and other enemies of the state, but the underlying purpose was to expose National Association for the Advancement of Colored People (NAACP) members on state payrolls so that they could be fired under Act 115, a law that forbade public employment of NAACP members. Pulaski County senator Artie Gregory designed the measure to root out subversives in the state’s educational institutions, but Governor Orval …

Act 112 of 1909

aka: Anti-Nightriding Law
aka: Anti-Whitecapping Law
Act 112 of 1909 was a law designed to curb the practice of nightriding or whitecapping, terms that encompass a range of vigilante practices typically carried out for 1) the intimidation of agricultural or industrial workers, typically by poor whites against African Americans, with the hope of driving them from their place of employment and thus positioning themselves to take over those jobs, or 2) the intimidation of farmers or landowners with the aim of preventing them from selling their crops at a time when the price for such was particularly low, done with the hope of raising the price for these goods. As such acts of vigilantism began to threaten the profits of landowners and industrialists, nightriding was prosecuted …

Act 115 of 1959 [Anti-NAACP Law]

In 1959, the Arkansas General Assembly passed Act 115 as one of sixteen bills designed to bypass federal desegregation orders stemming from the desegregation of Central High School. Act 115 outlawed state employment of National Association for the Advancement of Colored People (NAACP) members. Coupled with Act 10, a law designed to expose NAACP members on state payrolls by requiring state employees to list their political affiliations, Act 115 effectively punished the leaders of the desegregation effort in Little Rock (Pulaski County). Arkansas attorney general Bruce Bennett proposed the bill as part of a package of legislation that would “throw consternation into the ranks” of the NAACP, a group Bennett considered to be subversive. He hoped this package would keep …

Act 1220 of 2003

aka: Childhood Obesity Act
Act 1220 of 2003, which launched comprehensive efforts to curb childhood obesity in Arkansas, established one of the nation’s first statewide, school-focused initiatives to help children reach and maintain a healthy weight. Shaped largely by key legislators, including Senator Hershel Cleveland, with input from state and national public health experts, the act passed through the Arkansas General Assembly with strong support from the House and Senate under the administration of Governor Mike Huckabee. After passage, however, several components of the act faced vocal opposition. Opponents feared the largely unfunded mandates would strain educational and healthcare systems in addition to shaming overweight students. This vocal opposition prompted changes to the act in the years following its passage. Subsequent evaluation of Act …

Act 151 of 1859

aka: Act to Remove the Free Negroes and Mulattos from the State
aka: Arkansas's Free Negro Expulsion Act of 1859
The Arkansas General Assembly passed a bill in February 1859 that banned the residency of free African-American or mixed-race (“mulatto”) people anywhere within the bounds of the state of Arkansas. In 1846, the Statutes of Arkansas had legally defined mulatto as anyone who had one grandparent who was Negro. Free Negroes were categorized as “black” in the 1850 U.S. Census, so historians have adopted the term “free black” to refer to Negroes or mulattoes who were not enslaved. On February 12, 1859, Governor Elias N. Conway, who had supported removal, signed the bill into law, which required such free black people to leave the state by January 1, 1860, or face sale into slavery for a period of one year. …

Act 250 of 2021

aka: Stand-Your-Ground Law
On March 3, 2021, Governor Asa Hutchinson signed into law Act 250, a so-called “stand-your-ground” bill. This bill eliminated the “duty to retreat” prior to the use of physical force, even lethal force, in an act of alleged self-defense. Such laws, often called “shoot first” laws by their critics, have been highly controversial, being linked in some studies to increased murder rates in those states that passed them.  Modern “stand-your-ground” legislation has its genesis in 2005 in the state of Florida and swiftly spread to some twenty-five other states by 2020, supported by the National Rifle Association and the American Legislative Exchange Council. Each of Arkansas’s neighboring states passed such legislation years before Arkansas did. A review of gun death statistics by the Arkansas Democrat-Gazette in 2021 found that, in all but one of Arkansas’s …

Act 258 of 1909

aka: Toney Bill to Prevent Lynching
Act 258 of 1909 was a law intended to prevent citizens from engaging in lynching. It was not, strictly speaking, a piece of anti-lynching legislation, as it imposed no punishment for the crime of lynching. Instead, it aimed to expedite trials relating to particular crimes in order to render what would likely be a death penalty verdict to mollify the local population enough that they would not take the law into their own hands. Such a law as Act 258 is indicative of the connection between lynching and the modern death penalty observed by some scholars; as Michael J. Pfeifer noted in his 2011 book, The Roots of Rough Justice: Origins of American Lynching, legislators across the nation “reshaped the …

Act 38 of 1971

Act 38 of 1971, which reorganized sixty state government agencies into thirteen cabinet-level departments, was the culmination of reform efforts that had begun during the administration of Governor Winthrop Rockefeller but were only achieved under Governor Dale Bumpers, who was widely credited with the successful passage of the measure. Bumpers described the act, which was designed to increase the economy and efficiency of state government, as the most vital part of his legislative program. As the first general reorganization of state government in the twentieth century, Act 38 was hailed for simplifying state operations and curbing graft. Prior to Act 38, the governor had little authority to dismiss uncooperative or corrupt agency heads, who served at the pleasure of their …

Act 401 of 1951

aka: Communist Registration Act
Also called the Communist Registration Act, Act 401 was approved in March 1951 during the tenure of the Fifty-eighth Arkansas General Assembly. It was subtitled “An Act to Require Members of Certain Organizations Advocating the Unconstitutional Overthrow of the United States or of the State of Arkansas to Register With the State Police.” Ostensibly directed against members of the Communist Party USA (CPUSA) and affiliated organizations, Act 401 was passed in the context of the Second Red Scare following World War II. Act 401 did not emerge in a political vacuum, nor was this law unprecedented in Arkansas history. Act 401 was consistent with federal, state, and local legislation against “subversive organizations.” The law joined a long line of federal …

Act 626 of 2021

aka: Save Adolescents from Experimentation Act
aka: HB 1570
Act 626 of 2021 was the first ever bill passed in the United States to outlaw any gender-affirming medical treatment for persons under eighteen years of age. It became law over the veto of Governor Asa Hutchinson on April 6, 2021, attracting national and international criticism of the Arkansas legislature. Groundbreaking though the bill was, it was but one of many passed during the 2021 Arkansas General Assembly that specifically targeted trans citizens, and Arkansas was one of more than thirty states in 2021 in which Republican Party legislators introduced such bills. House Bill 1570, dubbed the “Save Adolescents from Experimentation Act,” was written by Representative Robin Lundstrum of Elm Springs (Washington and Benton counties) and introduced into the Arkansas House of Representatives on February 25, 2021. The following reasons …

Act 710 of 2017

aka: Anti-BDS Law
Act 710 of 2017 prohibits the state from contracting with, or investing in, companies that “boycott Israel.” The law was passed at a time when the BDS movement (boycott, divestment, sanctions) was gaining increasing success internationally, sparking a backlash, especially in the United States, a country with significant military and economic ties to the nation of Israel, as well as a large population of evangelical Christians who believe that American support for Israel is necessary for advancing the Second Coming of Christ. The BDS movement formally originated in 2005 as part of the Palestinian-led resistance to Israel’s occupation of Palestinian territory. The movement was inspired by similar actions taken internationally against the apartheid regime of South Africa and sought to …

Act 76 of 1983

aka: Teacher Testing Law
Act 76 of 1983 was a law passed by the Arkansas General Assembly mandating that practicing teachers had to take a series of tests in order to continue to hold their teaching license. Passed during a special session of the legislature, the law was part of a package of education reforms championed by Governor Bill Clinton. Some teachers’ unions and other teachers’ organizations opposed the implementation of the law, leading to a public debate about the impact of the law. The implementation of the act made Arkansas the first state in the nation to test teachers after their entrance into the education field. The complete title of the act is “An act to require teachers, counsellors, administrators, and certified personnel …

Act 910 of 2019

aka: Transformation and Efficiencies Act of 2019
Act 910 of 2019 was a piece of signature legislation for Governor Asa Hutchinson, who sought to reduce the size of Arkansas state government and the number of agency heads reporting directly to the governor. In state government, an agency designated as a “department” is typically headed by a secretary who is appointed by the governor as part of the cabinet. Many of the changes brought about by Act 910 involved departments becoming “divisions,” such as the Arkansas Department of Environmental Quality (ADEQ) becoming the Division of Environmental Quality within the new Department of Energy and Environment. Hutchinson looked to Act 38 of 1971, the last large-scale reorganization of Arkansas state government, which consolidated sixty state government agencies into thirteen. …

Act 911 of 1989

aka: Arkansas Conditional Release Program
Act 911 of 1989 pertains to the evaluation, commitment, and conditional release of individuals acquitted of a crime when found Not Guilty by Reason of Mental Disease or Defect. The evaluation process, completed by a certified forensic psychologist or psychiatrist, assesses the defendant’s fitness to proceed to trial and, if the defendant is found fit to proceed, mental state at the time of the crime. If the defendant is found not fit to proceed, the proceedings against the defendant are suspended, and the court may commit him/her for detention, care, and treatment at the Arkansas State Hospital (ASH) until restoration of fitness to proceed. Once fit to proceed, a re-evaluation includes an assessment of mental state at the time of …

Act 975 of 2015

aka: Religious Freedom Restoration Act
The Arkansas Religious Freedom Restoration Act (SB975 of the 2015 regular legislative session) was passed overwhelmingly by both houses of the Arkansas General Assembly and signed into law as Act 975 by Governor Asa Hutchinson. It closely aligns Arkansas law with the federal Religious Freedom Restoration Act (RFRA) of 1993. Under the legislation, any governmental action in Arkansas that is a “substantial burden” to an individual’s free exercise of religion may only stand if it furthers a “compelling governmental interest” in the “least restrictive” manner possible. Like the federal RFRA, the Arkansas RFRA was meant to return to the “balancing test” established by the U.S. Supreme Court in Sherbert v. Verner (1963) but overturned in the 1990 Employment Division v. …

Adventures of Huckleberry Finn (Arkansas Sections of)

Adventures of Huckleberry Finn was written by Samuel Langhorne Clemens (1835–1910), best known by his pen name Mark Twain. It was published in 1884 in the United Kingdom and 1885 in the United States, and is set on and around the Mississippi River in the pre-industrial era before the Civil War. Twain was familiar with the river from his time as a riverboat pilot in the years immediately before the Civil War and his childhood near the river in Hannibal, Missouri. The book contains vivid and humorous descriptions of Arkansas and its people. According to Ernest Hemingway: “It’s the best book we’ve had. All American writing comes from that. There was nothing before. There has been nothing as good since.” …

Adverse Possession

Cornell Law School defines adverse possession as “a doctrine under which a person in possession of land owned by someone else may acquire valid title to it, so long as certain common law requirements are met, and the adverse possessor is in possession for a sufficient period of time, as defined by a statute of limitations.” Establishing or settling a title to certain real property (generally fixed property like land and buildings) often requires meeting all of certain specific factual requirements. That certainly is the case in Arkansas when the method for settling a title is application of the concept of adverse possession. Adverse possession cases often involve boundary line disputes or encroachments. The list of requirements for establishing title …

African American Perspectives Northeast Arkansas

The quarterly African American Perspectives Northeast Arkansas magazine was established in Jonesboro (Craighead County) in 2007 by Diversified Publishing Company, LLC. Founding members of the publishing group included Drs. Lonnie R. Williams, George Grant, and Glen Jones, who were administrators at Arkansas State University (ASU), and community leaders, Everett Fair and Emma Agnew. Agnew served as editor for the first five years until Williams assumed a co-editing role during the last two years of publication, 2011–2013. Four seasonal issues were published each year, and content consisted of feature articles from various contributing writers as well as advertising. Standing columns included an African-American business directory, church directory, and calendar of events. According to its vision statement, Perspectives was created to uplift …

Agricultural Adjustment Act

The experimental Agricultural Adjustment Act (AAA) was the cornerstone farm legislation of President Franklin D. Roosevelt’s New Deal agenda and was steered through the U.S. Senate by Joe T. Robinson, Arkansas’s senior senator. In Arkansas, farm landowners reaped subsidy benefits from the measure through decreased cotton production. Arkansas sharecroppers and tenant farmers did not fare as well, bringing about the establishment of the Southern Tenant Farmers’ Union (STFU). Upon taking office in 1933—during the fourth year of the Great Depression, on the heels of the Drought of 1930–1931, and amid the full force of the Dust Bowl—Roosevelt promised “a new deal for the American people” centered on “relief, recovery, and reform.” Counseled by advisors dubbed the “brain trust,” Roosevelt fashioned …

Agriculture

Agriculture has played a major role in Arkansas’s culture from territorial times, when farmers made up more than ninety percent of the population, through the present (about forty-five percent of the state’s residents were still classified as rural in the early part of the twenty-first century). Beginning as a region populated by small, self-sufficient landowners, the state evolved through a plantation culture before the Civil War, to an era when tenant farming and sharecropping dominated from the Civil War to World War II, before yielding to technology and commercial enterprise. For more than 150 years, agricultural practices had hardly changed. Hand tools and draft animals limited an average farmer to cultivating about four acres a day and made it difficult …

AIDS

By 2007, a cumulative 4,119 Arkansans had been diagnosed with Acquired Immunodeficiency Syndrome (AIDS), the disease caused by the Human Immunodeficiency Virus (HIV), with 196 of those cases being newly diagnosed in that year. Of all cases diagnosed in Arkansas, more than eighty percent were among men, fifty-seven percent were among whites, and forty percent were among African Americans. However, among cases newly diagnosed in 2007, the majority (fifty-five percent) were among African Americans, with only thirty-seven percent of new cases being among whites. This trend follows national rates of proportionally more cases being diagnosed among African Americans and other minorities. Of those 4,119 diagnosed with AIDS, more than 2,000 were people living with AIDS as of the end of …