SEPTEMBERSeptember 2019 2009 SEPTEMBERNOVEMBERNOVEMBER 20082009 2008 Local Rules vs. Standing Orders Jarvis Oral History Local Rules vs. Standing Orders Jarvis Oral History QUILLEN AND BAKER–In TheThe courts courts have have long long had had Standing Standing Orders, Orders, plus plus Local Local Rules, Rules, and and InIn his his oral oral history, history, conducted conducted by by the the Court CourtDecember Historical Historical 2001, Society Society Congressman in in sometimessometimes it it hasn’t hasn’t been been easy easy to to determine determine in in which which of of these these cat cat-- 2001,2001, Judge Judge James James H. H. Jarvis Jarvis gave gave an an interesting interestingJimmy Quiillen account account, left, of of andthe the then- egoriesegories a adirective directive issued issued by by the the court court should should be be placed. placed. occasionoccasion on on which which he he received received a atelephone telephoneAmbassador call call from from Howard President President Baker , ReaganReagan telling telling him him he he was was going going to to nominate nominatenext toJudge Judge him, Jarvis Jarvisjoined for for in the thecutting AA July July 1927 1927 booklet booklet in in the the Court Court Historical Historical Society’s Society’s archives archives re re-- federalfederal judgeship. judgeship. the ribbon for the opening of flectsflects the the similarity similarity ofof the the directives.directives. TheThe 36-page36-page bookletbooklet is is titled titled the new federal courthouse in “Rules“Rules of of the the United United States States District District Court Court for for the the Eastern Eastern Dis Dis-- “The“The President President called called my my house house on on the the first firstGreeneville, dayday ofof SeptemberSeptember named 1984,in1984, honor tricttrict of of Tennessee.” Tennessee.” Tucked Tucked inside inside it it is is a a22-page 22-page pamphlet pamphlet titled titled andand I Iwas was dove dove hunting, hunting, as as I Ialways always am am on onof the Quillen.the first first dayday ofof SeptemSeptem-- “Standing“Standing Orders Orders of of the the United United States States District District Court Court for for the the East East-- ber,ber, and and the the maid maid answered answered the the phone phone and and told told my my wife, wife, ‘This ‘This is is ernern District District of of Tennessee,” Tennessee,” also also dated dated July July 1927. 1927. thethe White White House House calling calling Judge Judge Jarvis.’ Jarvis.’ My My wife wife took took the the phone phone and and explainedexplained that that I Iwasn’t wasn’t there. there. So So that that day, day, I Ididn’t didn’t get get the the word. word. OverOver the the years, years, the the court court has has issued issued updated updated copies copies of of its its Local Local RulesRules and and made made these these copies copies available available to to attorneys attorneys and and anyone anyone “The“The next next Monday, Monday, I Iwas was in in the the office, office, and and sure sure enough, enough, PresidentPresident elseelse desiring desiring a acopy. copy.Used Today, Today, by Senatorthe the Local Local Baker Rules Rules are are available available on on the the ReaganReagan called called me, me, and and he he was was on on Air Air Force Force One One at at the the time. time. He He court’scourt’s Website. Website. said,said, ‘Judge ‘Judge Jarvis, Jarvis, I Ihave have some some papers papers here here that that I’m I’m going going to to sign sign in a minute that nominate you as a United States District Judge for Scott County’s Howard Baker in a minute that nominate you as a United States District Judge for InIn the the meantime, meantime, the the court court has has continued continued to to issue issue Standing Standing Or Or-- thethe Eastern Eastern District District of of Tennessee. Tennessee. What What do do you you think think about about that?’ that?’ ders,ders, all all 393 393 of of which whichBy Donare are filed filed K. Fergusonin in the the Clerk’sClerk’s Office,Office, dating dating back back toto January January 1925. 1925. These These orders orders are are indexed indexed and and filed filed consecutively. consecutively. “That’s“That’s the the way way he he put put it it to to me. me. ‘What ‘What do do you you think think about about that?’ that?’ They provide a running history of the many internal matters that I said, ‘Well, I’m tickled to death,’ and, of course, I said, ‘Thank “I justThey realized provide that a running the last history two people of the tomany touch internal these matters scissors that Idesk said, drawer.”‘Well, I’m And tickled there to theydeath,’ remained and, of course, until Smith I said, retired‘Thank in the court has had to deal with through the years, ranging from you so much. I am deeply honored,’ and we talked a while about werethe Howard court has Baker had andto deal me.” with through the years, ranging from you2017. so much. He retrieved I am deeply the scissorshonored,’ when and clearingwe talked out a while his desk,about and establishingestablishing fees fees that that the the Referee Referee in in Bankruptcy Bankruptcy could could charge charge for for thethe election--it election--it was was 1984 1984 and and he he was was going going to to run, run, and and he he want want-- defraying the expense of maintaining his office to changing the ited struck to know him how that he he was and going the tosenator do down were here.” the last ones to touch Thesedefraying are the the words expense of reverence of maintaining and respect his office forSenator to changing the edthe to scissors. know how he was going to do down here.” courtcourt clerk’s clerk’s office office workwork daysdays in in 1954,1954, whenwhen the the court court waswas openopen continued on page 2 Howard H. Baker Jr., spoken by retired law clerk John continued on page 2 onon Saturdays. Saturdays. Marshall Smith when he donated to the Court Historical Smith, now of Greeneville but originally SocietyTheThe thebankruptcy bankruptcy scissors Senatororder, order, dated dated Baker October October used to1928, 1928, cut was thewas signedribbon signed by byat Judge Judge from Huntsville, knew the Baker family the GreenevilleGeorgeGeorge C. C. Taylor federalTaylor, ,then courthousethen the the district’s district’s dedication only only Article Article ceremony III III judge. judge. in The The and played with the senator’s children as Decemberotherother order, order,2001. dated dated The December December Society 1954placed 1954 and andthe signed signedscissors by by the onthe then displaythen two two in dis dis -- a child. the courthouse.tricttrict judges, judges, Leslie Leslie R. R. Darr Darr and and Robert Robert L. L. Taylor Taylor, ,read read as as follows: follows: “My parents were friends with Senator This attitudeWhereasWhereas toward it it appears appears the lateto to the senatorthe Court Court is that thatalso all allheld federal federal by officesmany offices Baker, or as he was known then, ‘Howard others, aretwoare on onof a whom afive-day five-day we basiswillbasis exceptmention except the the here, Clerk’sClerk’s who, Office,Office, like Smith, andand be- be- are Henry,’ to differentiate from his father, ing of the opinion that the Clerk and his staff are entitled Scott Countiansing of the opinionwho knew that Baker the Clerk in his and home his staff community are entitled as who was Howard. I saw him every Sunday toto the the same same consideration consideration and and should should be be on on the the same same A FRIENDLYSmith CHAT--Judge James Jarvis stopped for a friendly chat as he rose toworking fame as basis a U.S. as otherSenator, federal presidential employees, candidate, and having White A FRIENDLY CHAT--Judgeat James First Jarvis Presbyterian stopped for Church a friendly ofchat Huntsville as House Chiefworking of basisStaff, as and other U.S. federal Ambassador employees, to Japan.and having heandhe left left playedthe the office office with on on July Julyhis 18, kids18, 2005. 2005. when TheThe we muralmural were on on ina a wallthewall of age ofthe the fourthrange fourth floor offloor 5 to made an investigation of the flow of business through of the federal courthouse in Knoxville was being painted at the time, just a made an investigation of the flow of business through of10 the years federal old.” courthouse He was in Knoxville my Sunday was being school painted teacher. at the time, just a thethe Clerk’s Clerk’s Office Office onon Saturday,Saturday, it it is is concluded concluded that that the the few feet from where the judge stopped, and News Sentinel photographer J. They areSenior U.S. District Judge Thomas W. Phillips few feet from where the judge stopped, and News Sentinel photographer J. workwork flowing flowing through through the the Clerk’sClerk’s OfficeOffice onon Saturday Saturday MilesMiles Cary Cary, who, who was was on on hand hand to to photograph photograph the the artist artist at at work, work, snapped snapped this this and Huntsville lawyer Don C. Stansberry Jr., both longtime picture of the judge. JudgeU.S. Jarvis Senator died two Everettyears later, Dirkson on June 6, 2007. doesdoes not not justify justify keeping keeping the the office office openopen onon that that day.day. picture“His offather-in-law, the judge. Judge Jarvis died two years later, on June 6, 2007. [of Illinois], members of the Court Historical Society. came to visit his grandchildrenTHE HISTORICAL quite SOCIETY often, and on those THE HISTORICAL SOCIETY The Judicial Conference of the United States has recently adopt- OF THE UNITED STATES DISTRICT COURT The Judicial Conference of the United States has recently adopt- occasions, he OFwould THE UNITED pick me STATES up DISTRICTand tell COURT me how much I had FOR THE EASTERN DISTRICT OF TENNESSEE, INC. We thoughted a report we andwould recommendation provide here prepareda few memories by Professor these Daniel three J. grown sinceFOR his THE last EASTERN visit. DISTRICTSenator OF Baker TENNESSEE, was probablyINC. the reason ed a report and recommendation prepared by Professor Daniel J. Don K. Ferguson Don K. Ferguson Capra of Fordham Law School that contains guidelines on which Executive Director and Newsletter Editor menCapra have of FordhamBaker, the Law late School leader that for contains whom the guidelines Knoxville on which I decided to becomeExecutive a Directorlawyer. and Newsletter Editor Howard H. Baker Jr. U.S. Courthouse • 800 Market Street, Suite 130 category the court directives should be placed in. Howard H. Baker Jr. U.S. Courthouse • 800 Market Street, Suite 130 federalcategory courthouse the court is named.directives should be placed in. Knoxville, Tennessee 37902 Knoxville, Tennessee 37902 865/545-4234, Ext. 2222 • [email protected] continuedcontinued on on page page 2 2 “I didn’t work865/545-4234, for the Ext. Baker 2222 • [email protected] as a lawyer, but worked as a John Marshall Smith, age 67 clerk while in law school and on Saturdays in the summers.”

“After the dedication ceremony [at the Greeneville courthouse], the senator handed the scissors to me and I put them in my continued on page 2 Newsletter September 2019 – Page 2

Scott County’s Howard Baker continued from page 1

Judge Phillips, age 76, a former Baker law partner Don C. Stansberry Jr., age 80, a former “One day when we were young lawyers, Ernie Petroff and Baker law partner and next door I were walking back to the law office from the Scott County neighbor Courthouse, which was across the street from the Baker law office, and unbeknownst to us,Senator Baker was watching, “I was never anywhere or around anyone and when we arrived at the office, he said, ‘Gentlemen, I can’t that absolutely everybody liked like they believe that you actually walked across that grass! Do you not did Howard Baker. He was just so highly realize that we’ve spent a lot of time and effort to get that grass to regarded, it was stunning. grow.’ He had worked to help make Huntsville look better, and Stansberry the grounds around the courthouse had been landscaped and “Everybody would do whatever Howard wanted them to do. I new grass planted. “We never walked across that grass again. had never been around that before. It was fascinating.

“Senator Baker had great humility. He “Howard was a very good lawyer. He had so many talents and believed that all people were worthy of accomplishments that people kind of forget that. respect. When he was in Huntsville, you would frequently see him down at “Back then, we tried most every case in one day. The courthouse the courthouse or walking around the (Scott County Courthouse) would empty out to come to the mall in front of the courthouse, and he courtroom to watch him finish up a lawsuit. He could just would talk to everybody he met. And stem-wind that place.” he did this throughout, regardless of *** whatever high position he held through Senator Baker died in 2014 at the age of 88. Judge Phillips the years.”

Judge Phillips told of Senator Baker’s love of candy. “He liked to go to the movies. Toward the end of his life, Ernie and I would take him to the movies down in Knoxville. He had a bad habit of buying a lot of candy at the theater. He would always buy four or five boxes and eat quite a bit of the candy. Nancy (Kassebaum Baker, his wife) would always caution us not to allow him to eat too much candy. We would see her at church the next Sunday and she would ask how he did. Of course, we never told her about the candy.

“We all went to First Presbyterian Church in Huntsville, and Senator Baker used to teach a Sunday School class. In later years, I taught Sunday School, and he was in my class.”

Senator Baker always held a big Fourth of July party at his place. “It was for everybody in Scott County who wanted to come,” Judge Phillips said.

SOPHOMORE DEBATER–U.S. District Judge Frank W. Wilson’s THE HISTORICAL SOCIETY skills as a lawyer and judge are well known, but he was also a talented OF THE UNITED STATES DISTRICT COURT debater in college, as we have learned from this photograph that appeared FOR THE EASTERN DISTRICT OF TENNESSEE, INC. in a 1936 issue of the University of Tennessee student newspaper, then called the “Orange and White.” Judge Wilson is shown on the right in the Don K. Ferguson light-colored suit. He received his undergraduate degree from UT in 1939 Executive Director and Newsletter Editor and his law degree in 1941. He served in Chattanooga from 1961 until Howard H. Baker Jr. U.S. Courthouse • 800 Market Street, Suite 130 his death in 1982. Our thanks to U.S. Bankruptcy Court Chief Deputy Knoxville, Tennessee 37902 865-329-4693 • [email protected] Clerk Betty Shelton for this news clipping, which she found among some old boxes of papers that belonged to the late Bankruptcy Judge Ralph Kelley, Chattanooga, a close friend of Judge Wilson’s.