Today's story comes courtesy of Floyd Folsom, a former resident of Waldron whose family were neighbors of ours on Pine Street. Floyd now lives in Mena. Thanks Floyd for the laugh!
When I was sixteen years old, a friend and I were “draggin’ main” (You older folks will know that term.) one Saturday night in the small western Arkansas town of Waldron, where we lived. We saw a car parked by the side of the road and a man looking under the hood. I told my friend that we should stop and see if we could help them.
When we pulled in behind the car, I noticed it had Indiana license plates. It meant nothing to me at the time, but I did notice. The man said that it couldn’t be fixed until morning and that he would appreciate a ride to Ft Smith, which was about fifty miles to our north. We discovered that he had a wife and two children with him so we decided to drive them to Ft Smith where they had family waiting.
I had never heard the term “Hoosier” before and didn’t know that it was a nickname for someone from Indiana. After everyone had settled down for the trip, the lady made the comment, “I’ll bet you never thought you’d be carrying a car load of Hoosiers?”
I turned around to face her and answered in my most polite voice, “No Mrs Hoosier, we sure didn’t.” For fifty miles I called them Mr and Mrs. Hoosier. I noticed they smiled a lot on the trip and wondered how they could grin and chuckle like they did considering the circumstances.
My friend and I drove up to Indiana later that summer to visit his sister and we both learned what a Hoosier was. Humiliating it was!
Remember, get a healthy dose of humor today. Doctor’s orders!
A whimsical look at life growing up in the small town of Waldron, Arkansas in the 1960s and 1970s, plus occasional observations from the present. Want to start at the very beginning? Click HERE.
Thursday, March 8, 2012
Friday, March 2, 2012
The Telephone Man
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Daddy, and his younger brother Calton |
The odds of Daddy not liking anyone are very small. He may protest, he may say, "I don't want any more groceries," or something like that, but he'll never dislike you. His food is now pureed; the last of his teeth came out a couple of months ago. He hasn't really taken a shine to his new dentures. My sister is doing a good job of convincing him to wear them though.
There he sat, in his wheelchair last night, at the table with the worker who was feeding him, when I walked into the dining room at the nursing home. I was struck by his quiet dignity as he sat there, complying with the unwanted spoonfuls of color relentlessly coming his way. His toothless jaw seemed set in resolve; he would eat because he didn't want to be a problem to anyone.
He held a crumpled piece of paper towel in his hand. His nose was running, and he kept using the paper towel to dry it. He was coughing too, and by the time the lady left him to eat his liquid dessert on his own, he had started sneezing repeatedly. I could tell he didn't feel well, and I reached over and felt his forehead to see if he had fever. He didn't seem to; he said he didn't anyway. I pulled out my handkerchief and gave it to him, and he immediately put it to work.
He didn't eat much of his dessert, which was unusual. He also said he didn't want any coffee. When I rolled him back to his room, I noticed that his scalp had shed a layer of dandruff on his shoulder, from when they combed his hair for supper. When we got back to his room, I noticed a little sign on his door saying he had been recognized for some little honor, I can't remember now even what it was. He seems to participate in the various activities they have for the residents, which I find both surprising and delightful. He is and always has been a people person, in spite of his natural shyness. He was very isolated when he lived at home after Mama died; I think he missed being around other people. I'm glad he has that now.
I backed his wheelchair up so that he could see the TV. We watched the news. We never talk much; it's never come naturally for either of us. I wish that was different. It's just that way for some fathers and sons. Sometimes I can get him to talk about PT Boats; he served on one during World War II. But I've pretty much used up all of my PT Boat conversation starters, so we sat in silence, watching the days events unfold as told by Darren Bobb.
It was time to leave. I checked his supply of sweets; still okay on soft Little Debby bars and powdered donuts. I asked him if he wanted to lay down in his bed; no, he would just sit in his wheelchair. I put the remote to the TV on the bed beside his chair. "Do you need anything Daddy?" "Nope," the standard reply. "I guess I'll head on up the road. See you next Thursday."
"Okay. Come back."
And there he sits, the man who used to climb telephone poles with metal spikes attached to his boots, the man who used to fight fires as Chief, the man who could fix anything that was broken, and charge you about five dollars to do it. The man who stopped his telephone truck between Waldron and Mansfield on a cold winter night and brought home giant icicles from the frozen cliffs beside the road.
I was glad I was able to give him my handkerchief.
"I will Daddy. I will."
Thursday, March 1, 2012
My Pet Alligator
I think I inherited from my father a love for the unusual. I guess that’s why, when I was about 12, I decided I needed a pet alligator.
Back then, it was a rare treat to get to go to Fort Smith, and a trip always included a visit to our favorite Fort Smith store, K-Mart. K-Mart was a fascinating place, and after spending time looking at the toys, I always gravitated over to the pet department. The exotic fish and the little hamsters all were nice, but what got my attention was the baby alligators. Yes, K-Mart sold baby alligators as pets. Technically, they were caimans, a close relative of the alligator, but nevertheless, they were awesome. I knew I had to have one.
Incredibly, I somehow convinced Mama and Daddy of the soundness of this idea. So, one Saturday morning, we found ourselves in K-Mart buying an alligator. We had gone up to visit my brother and his wife, and they had driven us over to make the purchase. I very excitedly picked out which alligator I wanted (yes, they had several to choose from), and I also purchased a small rectangular glass fishbowl (not quite an aquarium) to keep it in. They placed my alligator in a little box that had a picture of a hamster on the outside, and we headed back to my brother’s house. Along the way, I could hear my alligator scratching on the box, wanting out. I grew concerned after a bit, because the scratching eventually stopped. I didn’t dare open the box to check on the contents; I wasn’t sure how to put an alligator back in a box. But, by the time we arrived at my brother’s house, I was gravely concerned about my alligator.
In my brother’s kitchen, I prepared for the transfer to the fishbowl. Still no signs of life from the hamster box. Gingerly, I opened one end of the box and tilted it toward the fishbowl. The whole family watched in silent anticipation. Nothing was happening; perhaps the lifeless alligator corpse had become lodged in the hamster box. But suddenly, and without warning, my little alligator sprang from the hamster box into the fishbowl, his fierce mouth agape, emitting a fierce hiss that signaled, “I mean business.”
My sister-in-law, a mild, quiet woman, let out a blood-curdling shriek. My alligator, evaluating the situation, began jumping against the sides of the fish bowl. Fortunately, he was only about 8 inches from head to tail, so he wasn’t quite big enough to make a break for it. So, once a sense of calm was restored, we put a piece of cardboard on top of the fishbowl and headed home.
At home, I quickly realized a couple of important facts. One, my alligator needed a bigger habitat than his little fishbowl. And two, I really knew nothing about taking care of an alligator. I solved problem one by dragging out an old vinyl swimming pool that we had used a few years earlier, the kind with sides made of sheet metal about 3 feet high, and covered with a vinyl lining. I placed an old tire rim under the plastic lining to serve as an island, and filled the pool up with water. As for the care and feeding of an alligator, I attempted to solve this by going up to Buddy Gray’s store and buying two dozen minnows. I dumped them into the water, figuring my little alligator could then have a snack anytime he wanted it.
Unfortunately, my little alligator didn’t appear to know how to catch fish. However, if I caught a minnow by hand and laid it down on his island beside him, he would oblige me by biting the minnow in half when it started flopping. However, he seemed content to just kill the minnow and showed no interest in actually eating it. He would take a bite of raw hamburger meat, which I eventually became brave enough to allow him to snap out of my hand, much to the awe and amazement of anyone who happened to be watching.
But, as summer passed and fall arrived, tragedy struck. One morning, as I was on my way to school, I stopped by to check on my alligator and found his lifeless body curled up in a fold in the vinyl. I don’t know if the temperature had dropped too low during the night, or perhaps he just couldn’t find enough to eat. Whatever the reason, my little alligator was dead.
When I got home from school, I prepared his body for burial. I placed him in a cigar box and buried him in a hole I had dug in the garden. Sadness, mixed with a bit of relief. You know, it’s a little more difficult to bond with an alligator than, say, a kitten or a dog. In fact, in absence of that bond, I did get a little curious over the winter about what an alligator skeleton looked like. So, I am quite ashamed to report, the next spring I dug up my little alligator. There, inside the cigar box, was a perfectly preserved alligator skeleton. I kept it as intact as I could, although over the years it ended up being a collection of bones in a little jar rather than a fully formed scientific specimen. And somewhere, I’m not quite sure where, maybe in a box in a storage cabinet in my garage, there is still a little jar full of alligator bones.
Back then, it was a rare treat to get to go to Fort Smith, and a trip always included a visit to our favorite Fort Smith store, K-Mart. K-Mart was a fascinating place, and after spending time looking at the toys, I always gravitated over to the pet department. The exotic fish and the little hamsters all were nice, but what got my attention was the baby alligators. Yes, K-Mart sold baby alligators as pets. Technically, they were caimans, a close relative of the alligator, but nevertheless, they were awesome. I knew I had to have one.
Incredibly, I somehow convinced Mama and Daddy of the soundness of this idea. So, one Saturday morning, we found ourselves in K-Mart buying an alligator. We had gone up to visit my brother and his wife, and they had driven us over to make the purchase. I very excitedly picked out which alligator I wanted (yes, they had several to choose from), and I also purchased a small rectangular glass fishbowl (not quite an aquarium) to keep it in. They placed my alligator in a little box that had a picture of a hamster on the outside, and we headed back to my brother’s house. Along the way, I could hear my alligator scratching on the box, wanting out. I grew concerned after a bit, because the scratching eventually stopped. I didn’t dare open the box to check on the contents; I wasn’t sure how to put an alligator back in a box. But, by the time we arrived at my brother’s house, I was gravely concerned about my alligator.
In my brother’s kitchen, I prepared for the transfer to the fishbowl. Still no signs of life from the hamster box. Gingerly, I opened one end of the box and tilted it toward the fishbowl. The whole family watched in silent anticipation. Nothing was happening; perhaps the lifeless alligator corpse had become lodged in the hamster box. But suddenly, and without warning, my little alligator sprang from the hamster box into the fishbowl, his fierce mouth agape, emitting a fierce hiss that signaled, “I mean business.”
My sister-in-law, a mild, quiet woman, let out a blood-curdling shriek. My alligator, evaluating the situation, began jumping against the sides of the fish bowl. Fortunately, he was only about 8 inches from head to tail, so he wasn’t quite big enough to make a break for it. So, once a sense of calm was restored, we put a piece of cardboard on top of the fishbowl and headed home.
At home, I quickly realized a couple of important facts. One, my alligator needed a bigger habitat than his little fishbowl. And two, I really knew nothing about taking care of an alligator. I solved problem one by dragging out an old vinyl swimming pool that we had used a few years earlier, the kind with sides made of sheet metal about 3 feet high, and covered with a vinyl lining. I placed an old tire rim under the plastic lining to serve as an island, and filled the pool up with water. As for the care and feeding of an alligator, I attempted to solve this by going up to Buddy Gray’s store and buying two dozen minnows. I dumped them into the water, figuring my little alligator could then have a snack anytime he wanted it.
Unfortunately, my little alligator didn’t appear to know how to catch fish. However, if I caught a minnow by hand and laid it down on his island beside him, he would oblige me by biting the minnow in half when it started flopping. However, he seemed content to just kill the minnow and showed no interest in actually eating it. He would take a bite of raw hamburger meat, which I eventually became brave enough to allow him to snap out of my hand, much to the awe and amazement of anyone who happened to be watching.
But, as summer passed and fall arrived, tragedy struck. One morning, as I was on my way to school, I stopped by to check on my alligator and found his lifeless body curled up in a fold in the vinyl. I don’t know if the temperature had dropped too low during the night, or perhaps he just couldn’t find enough to eat. Whatever the reason, my little alligator was dead.
When I got home from school, I prepared his body for burial. I placed him in a cigar box and buried him in a hole I had dug in the garden. Sadness, mixed with a bit of relief. You know, it’s a little more difficult to bond with an alligator than, say, a kitten or a dog. In fact, in absence of that bond, I did get a little curious over the winter about what an alligator skeleton looked like. So, I am quite ashamed to report, the next spring I dug up my little alligator. There, inside the cigar box, was a perfectly preserved alligator skeleton. I kept it as intact as I could, although over the years it ended up being a collection of bones in a little jar rather than a fully formed scientific specimen. And somewhere, I’m not quite sure where, maybe in a box in a storage cabinet in my garage, there is still a little jar full of alligator bones.
Monday, February 20, 2012
The Adventures of Smokey The Crow
This story takes place when I was a little bit too young to develop any memories, so many thanks to my brother Gene for writing this for me. Here are Gene's recollections along with some parenthetical comments from me:
When we were growing up our Dad worked for the telephone company. He also did electrical and refrigeration repairs on the side. Sometimes he would get real pay for these side jobs, but more often he would get other items instead of pay. He even brought home a 1930 Model A Ford one day.
I remember the day he brought home Smokey the Crow. We were mesmerized; Smokey could actually talk! He had taken the crow as payment for some repair he did for Blue Minor from Boles, Arkansas. He explained to us that some people said you had to split the crow’s tongue so they could talk, but Smokey disproved that because his tongue was not split.
He had a wire cage about 4 foot square made out of the same black sticks we got from the furniture factory to stake tomatoes and beans. They were nailed together and covered with chicken wire. We kept Smokey in that cage and Dad kept his wings clipped so he would not fly away when we got him out to feed him. Feeding him was an interesting job. We would mix him some “Pablum” baby cereal and separate a clothes pin to dip it out for him. We had to hold on to the clothes pin as hard as we could because Smokey would swallow it too if he got it away from us. I guess he really liked that cereal because he would make a “yum-yum” sound while eating.
We learned very soon that Smokey was very accurate when he had to go to the bathroom. We had to be sure not to get too close to the cage after he had eaten, if you know what I mean. For this reason we eventually let his wings grow out and got rid of the cage. There was a very large Elm tree by the driveway, and it soon became Smokey’s favorite roost. He would sit up there and exclaim “Hello” to anyone who passed by. Our Grandmother (Me-Maw) worked as a cook at Bill and Jo Cope’s CafĂ©. She would walk past the house on the way to work and return in the afternoon after work. Smokey took to greeting her with “Hello” in the morning and he would then escort her to work and go get her in the afternoon. I never could figure out where he wore his watch. (Mama used to tell about a day when Memaw was sick and didn't go to work. Smokey became concerned, and went down to check on her. He lit on her screen door and scratched until she came to the door!)
Smokey was a very enjoyable pet to grow up with but he sometimes got himself into trouble. Our neighbor, Sophia Floyd would hang her laundry on her clothes line behind her house. I suppose Smokey liked the different colors, so he would land on the clothes line and look at the bright colors. Refer back to my earlier mention of Smokey’s accuracy and you can imagine the trouble he brought onto himself. Due to this we had to get rid of Smokey so I have to believe that Dad took him out to a large group of crows and introduced him to the group where he lived out a very long and fruitful life. I always say “Hello” to any crow I see, in case it might be one of Smokey’s grand kids.
(My brother Gary recalls an incident in which Smokey went missing one day. After searching the neighborhood, it was discovered that a local hooligan who shall remain nameless had hit Smokey with a rock, breaking his leg and causing him to fall out of his tree. The hooligan then took Smokey to his house. When this was discovered, Daddy went to get Smokey and gave the hooligan a quarter for feeding him. I remember this incident as well, but other family members think it may have happened with a different crow. In any case, the broken leg eventually fell off and we had a one-legged crow.)
I'll bet that we probably weren't the only family in Waldron that had a pet crow!
When we were growing up our Dad worked for the telephone company. He also did electrical and refrigeration repairs on the side. Sometimes he would get real pay for these side jobs, but more often he would get other items instead of pay. He even brought home a 1930 Model A Ford one day.
I remember the day he brought home Smokey the Crow. We were mesmerized; Smokey could actually talk! He had taken the crow as payment for some repair he did for Blue Minor from Boles, Arkansas. He explained to us that some people said you had to split the crow’s tongue so they could talk, but Smokey disproved that because his tongue was not split.
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For growing crows |
We learned very soon that Smokey was very accurate when he had to go to the bathroom. We had to be sure not to get too close to the cage after he had eaten, if you know what I mean. For this reason we eventually let his wings grow out and got rid of the cage. There was a very large Elm tree by the driveway, and it soon became Smokey’s favorite roost. He would sit up there and exclaim “Hello” to anyone who passed by. Our Grandmother (Me-Maw) worked as a cook at Bill and Jo Cope’s CafĂ©. She would walk past the house on the way to work and return in the afternoon after work. Smokey took to greeting her with “Hello” in the morning and he would then escort her to work and go get her in the afternoon. I never could figure out where he wore his watch. (Mama used to tell about a day when Memaw was sick and didn't go to work. Smokey became concerned, and went down to check on her. He lit on her screen door and scratched until she came to the door!)
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One of Smokey's relatives |
(My brother Gary recalls an incident in which Smokey went missing one day. After searching the neighborhood, it was discovered that a local hooligan who shall remain nameless had hit Smokey with a rock, breaking his leg and causing him to fall out of his tree. The hooligan then took Smokey to his house. When this was discovered, Daddy went to get Smokey and gave the hooligan a quarter for feeding him. I remember this incident as well, but other family members think it may have happened with a different crow. In any case, the broken leg eventually fell off and we had a one-legged crow.)
I'll bet that we probably weren't the only family in Waldron that had a pet crow!
Monday, February 13, 2012
Runaway!
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The 1967 Ford Custom 500 that would eventually become my car, pictured a few years before it tried to do away with me. |
It happened at the conclusion of one of the happiest and most joyful periods of my life. I had just graduated from Arkansas Tech University, and was moving back home to begin my post-college life. Later that summer, I would be hired by the school district I had grown up in, Waldron, to teach fifth grade. I would also buy a new car, a new 1978 Mercury Monarch, to replace the vile little machine that had tried to kill me.
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The little ghetto apartment I rented while I did my practice teaching with Fort Smith schools. |
I had arranged to rent a room from an old lady who had a beauty shop over by Sparks Hospital. I moved in on a snowy February day, and my humble surroundings were like a palace to me. I was so glad to leave behind forever my dorm, Paine Hall, at Arkansas Tech. This little apartment had a little kitchen, a bigger room that was the living room and bedroom combined, and a tiny little bathroom. But that little place was dear to me. Usually, when I went home from college on weekends, I was in no hurry to get back. But now, when I went home, I found myself eager to get back to my little ghetto apartment. I was sad to leave it behind. But on that weekend, I had traveled back to Russellville to go through graduation, then headed back one last time to my apartment to load up, and having done so, headed down Highway 71 to Waldron. Along the way, my little Ford Custom 500 had one last surprise in store for me.
I was south of Mansfield, in one of the rare straight stretches on that portion of the highway, when I saw the opportunity to pass a slow-moving car in front of me. I eased around the car, stepping on the gas to speed up to complete the maneuver. Once around the car, I pulled back into my lane and took my foot off the accelerator. To my surprise, the gas pedal stayed where it was, and my car continued on at the same speed it was traveling when I passed that car!
Now let me say, in the calmness after the fact, it occurred to me that the thing to do would have been to put the car in neutral and coast to a stop. This solution, in all it's elegant simplicity, was nowhere present in the moments of the actual crisis. Realizing that my car was going way too fast for the narrow curves that mark that part of Highway 71, all I could think of to do alternately stomp the brake pedal and the gas. I briefly considered turning the key off, but I realized that to do that would disable my power steering and brake, and I knew that would be disastrous.
The immediate problem, as I careened crazily down Highway 71, was the traffic in front of me. Since I appeared to be unable to shut down my demonic car, I though I should at least try to warn all the unfortunate people who were about to be slammed into. So, as I came upon a little family driving leisurely down the highway, I tried to make my presence known.
Imagine, for instance, a man driving his wife and kids somewhere, who, upon hearing a distant horn honking, happens to glance into his rear view mirror. He sees a blue car moving alarmingly fast toward him, with a crazed driver who is alternately honking his horn and waving frantically for him to move over. He wisely does so, and watches as the crazed lunatic zips past him and hurtles on down the road. This little scenario is repeated several times.
Finally, I realized that if I didn't find a way to stop, this might not end well. So, I decided that I was going to apply the brake, and even if it burned up both the engine and the brake pads, I was stopping this sucker.
And I did. I put on my brakes, and with the engine racing, eased over to the shoulder of the road and shut down the engine. And I just sat there. My heart was racing at the same level my engine had been, and all I wanted to do was not move for a minute. And then, all those cars that I had passed came along. Without exception, each driver and passenger stared at me like I was from the moon. Nobody stopped to help, they just slowly passed by, evidently thankful that I was no longer on the road.
After a few minutes, I started the engine. Everything seemed normal. Just to be safe, however, I traveled the remaining few miles of my journey at a maximum speed of 30 m.p.h.
When I got home, I got a can of spray carburetor cleaner and sprayed the linkage, which appeared to have a little bit of sticky gunk on it. That did the trick, and my little Ford never had a sticky accelerator again.
My mom drove that car for a long time after that. But I was happy when I got my new Mercury later that summer. It turned out to be a piece of junk, but at least it never tried to kill me.
Tuesday, February 7, 2012
The Whole School Goes To Lake Hinkle
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Senator John L. McClellan signs autographs for a group of Waldron school children. Can anyone identify the boys in this picture? |
I was in tenth grade that year, and there was much excitement when it was announced that the entire school would be bused to the dam 12 miles west of town, where we would spend the day viewing the new soon-to-be-filled lake. We would also listen to some speeches, a not-too-exciting prospect to most school kids, but the prevailing sentiment was that a day outside listening to speeches was still preferable to a day inside listening to teachers. So, in what was actually my very first time to ride a school bus (I was a town kid, you know, and in those days, town kids got to school on their own!), we loaded up about mid-morning and headed out in a slight misty rain to Lake Hinkle.
The lake was named for Mr. Byron S. Hinkle, who was a Scott County legend. He had served as county agent for many years, providing tremendous assistance to local families who were making their living by farming. Later, he was elected to represent Scott County in the state legislature. In honor of his contributions to Scott County, he was being recognized with the naming of the new lake.
The big draw on that October day was the presence of one of our United States senators from Arkansas, John L. McClellan. Senator McClellan was a part of the incredibly powerful trio of men who represented Arkansas in the late 1960s and early 1970s. In addition to Senator McClellan, the state's "Junior" senator was none other than J. William Fullbright. Both of our senators served as chairmen of powerful Senate committees, and carried considerable weight on a national level. In the House of Representatives, central Arkansas was represented by Wilbur Mills, who, as chairman of the powerful Ways and Means Committee, essentially controlled the purse strings for most federal funding. Representative Mills was often referred to as the second-most powerful man in Washington, after only the President. Unfortunately, one night as Wilbur's limousine cruised around Washington, there was a little problem that resulted in a local stripper named Fannie Foxx jumping from the moving car and ending up in Washington's Tidal Basin. Fannie spilled the beans on her relationship with Wilbur, which soon brought an end to Wilbur's political career and Arkansas' power in Washington. But, I digress.
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Edward P. Cliff (right), introducing the world to Woodsy Owl, exactly one month before his (Edward's, not Woodsy's) visit to Scott County. |
And a beautiful spot it was. Jones Creek wound it's way through some of the prettiest scenery you could find anywhere. Although the location was only 12 miles from Waldron, the road to the lake was extremely rough, having been cut through some very difficult mountainous terrain. The rough dirt road was improved about 15 years ago to a nice paved highway, but for most of it's earliest existence, Lake Hinkle was not an easy place to reach.
A picture of the construction of Lake Hinkle, from Wanda Gray's Images of America Scott County Arkansas. |
Sadly, I have no recollection of hearing Senator McClellan speak. Mr. Cliff also spoke. For the serious researcher, transcripts of their comments have been preserved in university archives. I, in a slightly erroneous view of what was actually important, was fascinated by the presence of a news crew from KATV, the ABC affiliate in the far-away town of Little Rock. That was actually back in my days of wanting to become a journalist, so I was intent on watching how the news professionals were covering the visit of our Senator. In fact, I had my camera with me, and the only picture that I seem to have of the event is this picture of the Channel 7 news guy filming the speeches. The Senator and the Forest Service Chief are just out of the shot.
Well, the festivities ended in time for us to load up and go back to school that afternoon. As local residents can attest, Lake Hinkle proved to be a wonderful addition to Scott County. At one time, a successful catfish farming operation was conducted near the dam, and after a storm that might cause some of the catfish cages to break open, it was not unusual to find fisherman standing shoulder to shoulder reeling in giant, corn-fed catfish. Camping and swimming are still popular at the Little Pines Recreation Area, and people come from miles around to fish.
I'm sure that the forgotten comments of the dignitaries who spoke that day alluded to these benefits. I, myself, on July 16, 1998 caught 56 fish in the tailwaters of Lake Hinkle, where it empties back into Jones Creek. So what if most of them were just a little bigger than my finger. It's not just people that grow up in Waldron.
Thursday, February 2, 2012
W.L. Tuck Beats The Rap
We're hopping into the Wayback Machine on this one...all the way back to 1876, when Waldron was a town of dirt streets and oxcarts. I just happened to be perusing opinions from the Arkansas Supreme Court; I have absolutely no idea why, and came across this one.
On January 26th, 1876, an affidavit was made before the mayor of Waldron, charging that W.L. Tuck "did sell ardent and vinous liquors inside the corporation of Waldron, without first having obtained license, as required by an ordinance adopted by the town council of said town."
W.L. Tuck, undoubtedly feeling somewhat taken aback, denied the charge, but the unnamed mayor overruled young Mr. Tuck. With this turn of events, Mr. Tuck, feeling more and more put upon, declined to answer any more of the mayor's questions. Mr. Mayor, by this point no doubt equally puffed up, levied a fine of $25 on Mr. W. L. Tuck.
Well, it seems that W. L., nobody's fool, appealed to the Circuit Court. A jury trial ensued, during which W. L. pled "Not Guilty." But much to his dismay, the jury disagreed and found our young hero "Guilty," and the court fined W. L. again the sum of $25.
In order to convince the Court that they were, in fact, messing with the wrong chump, young W. L. moved for a new trial. The Court overruled. This did not sit well with W. L., and so he appealed to the Arkansas Supreme Court.
"That," he undoubtedly said to someone, "will show them."
The Town of Waldron was able to establish at trial that on January 26th, 1876, W. L. Tuck did sell to A.J. Patrick, within the incorporated town of Waldron, one half-gallon of whiskey. They also introduced the statute, which stated that anyone selling "ardent or vinous liquors" inside the city limits without getting a license first would be fined "a sum not exceeding $25." The ordinance had been passed on January 5th, 1876, just three weeks before the dastardly act was committed.
Our young Mr. Tuck was able to establish that a firm, of which he was a member, did in fact obtain a license to carry on the business of selling wines and liquors from the City of Waldron, as well as from the state, for the period of one year. The license went into effect on August 25th, 1875. He also established that the town of Waldron itself was not actually incorporated until November 6th, 1875.
Well, it turns out that, under Arkansas law, the act providing for incorporation of towns gave those towns the right to regulateor prohibit "ale and porter shops or houses, and public places of habitual resort for tipling and interperance." Mr. Tuck was not charged with keeping a tipling house; he was charged with selling ardent and vinous liquors, namely a half-gallon of whiskey. There was actually no provision in the law that allowed towns to require persons who wished to sell wines and liquors to obtain a license.
The ruling was that the Circuit Court must be reversed, and Mr. Tuck was to be discharged from further prosecution for the offense charged against him.
He got to keep the $25.
On January 26th, 1876, an affidavit was made before the mayor of Waldron, charging that W.L. Tuck "did sell ardent and vinous liquors inside the corporation of Waldron, without first having obtained license, as required by an ordinance adopted by the town council of said town."
W.L. Tuck, undoubtedly feeling somewhat taken aback, denied the charge, but the unnamed mayor overruled young Mr. Tuck. With this turn of events, Mr. Tuck, feeling more and more put upon, declined to answer any more of the mayor's questions. Mr. Mayor, by this point no doubt equally puffed up, levied a fine of $25 on Mr. W. L. Tuck.
Well, it seems that W. L., nobody's fool, appealed to the Circuit Court. A jury trial ensued, during which W. L. pled "Not Guilty." But much to his dismay, the jury disagreed and found our young hero "Guilty," and the court fined W. L. again the sum of $25.
In order to convince the Court that they were, in fact, messing with the wrong chump, young W. L. moved for a new trial. The Court overruled. This did not sit well with W. L., and so he appealed to the Arkansas Supreme Court.
"That," he undoubtedly said to someone, "will show them."
The Town of Waldron was able to establish at trial that on January 26th, 1876, W. L. Tuck did sell to A.J. Patrick, within the incorporated town of Waldron, one half-gallon of whiskey. They also introduced the statute, which stated that anyone selling "ardent or vinous liquors" inside the city limits without getting a license first would be fined "a sum not exceeding $25." The ordinance had been passed on January 5th, 1876, just three weeks before the dastardly act was committed.
Our young Mr. Tuck was able to establish that a firm, of which he was a member, did in fact obtain a license to carry on the business of selling wines and liquors from the City of Waldron, as well as from the state, for the period of one year. The license went into effect on August 25th, 1875. He also established that the town of Waldron itself was not actually incorporated until November 6th, 1875.
Well, it turns out that, under Arkansas law, the act providing for incorporation of towns gave those towns the right to regulateor prohibit "ale and porter shops or houses, and public places of habitual resort for tipling and interperance." Mr. Tuck was not charged with keeping a tipling house; he was charged with selling ardent and vinous liquors, namely a half-gallon of whiskey. There was actually no provision in the law that allowed towns to require persons who wished to sell wines and liquors to obtain a license.
The ruling was that the Circuit Court must be reversed, and Mr. Tuck was to be discharged from further prosecution for the offense charged against him.
He got to keep the $25.
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