Edward S. Smith papers

Access and use

Location of collection:
University of Virginia, Special Collections Dept.
Albert and Shirley Small Special Collections Library
University of Virginia
P.O. Box 400110
160 McCormick Rd
Charlottesville, Virginia 22904-4110
Contact for questions and access:
POC: Brenda Gunn
Phone: (434) 924-1037
Phone: (434) 243-1776
Fax: (434) 924-4968

Summary

Extent:
3.75 Cubic Feet 9 archival boxes
Creator:
Smith, Edward S., 1919-2001
Language:
English

Background

Scope and content:

These papers document Edward S. Smith's service on the US Court of Claims, his appointment to the court, court administration, articles and speeches, and the federal court re-organization of the late 1970s that concluded with the Federal Courts Improvement Act of 1979, and the creation of the US Court of Appeals for the Federal Circuit.

The collection reflects the administrative process that took place "to restructure a portion of the intermediate appellate tier." Judge Smith was appointed Judge of the Court of Claims in 1979. There were too many appeals and very few judges, so it was necessaryy to allow the reorganization. In 1978-1979, Daniel J. Meador, assistant attorney general, sent a proposal for restructuring the court system. This set of papers, called the Meador Report, began the process that concluded with the Federal Courts Improvement Act of 1979 and launched the necessary legislation to establish the United States Court of Appeals for the Federal Circuit. There are proposals, commentaries, discussions, hearings, statements, and memoranda between judges. This collection can be an excellent source of information on how the courts work internally.

Biographical / historical:

Edward S. Smith was born in Birmingham, Alabama, 27 March 1919. He studied at the University of Virginia, from which he received his BA in 1941 and LLB /JD in 1947. He also studied mechanical engineering at the Alabama Polytechnic Institute (now Auburn University) from 1936-1938. In September 1941, he entered active duty as an Apprentice Seaman. He participated in the initial amphibious attacks in North Africa, Sicily, Normandy, Southern France, and Okinawa. In 1944, he was gunnery officer of the USS Susan B. Anthony (AP-72), which was sunk off Normandy 7 June. Later, he was first lieutenant and damage control officer, executive officer of USS Arcturus (AKA-1). He was released from the military in February 1946 as a lieutenant. He was active for fifteen years in the postwar Naval Reserve, in units concerned with industrial mobilization and armed services procurement contracts. He was a member of the Naval Reserve Material Companies 5-2 and 5-3, 5th Naval District. He retired July 1, 1968.

From 1947 to 1961 he was an associate and partner with the firm of Blair, Korner, Doyle, Worth, and Crampton (this firm changed names). From 1961, he worked in the tax division of the US Department of Justice, as chief of the trial section. There, he reorganized and administered several sections of the tax division and supervised civil refund litigation in all US District Courts and the US Courts of Claims. In 1962 and 1963, he served as deputy assistant attorney general for civil rights. From 1963 to 1977, he was partner in the law firm of Piper & Marbury Attorneys, in the city of Baltimore, where he was the head of the tax and estates department. In 1978, he was appointed to the US Courts of Claims as an associate judge. From 1982-1989, he was judge of the US Court of Appeals for the Federal Circuit. In 1989, he became a senior circuit judge and moved to Alabama, where he continued to work until his death.

Judge Smith was member of the American Bar Association; the Bar Association of the city of Baltimore; the Baltimore Association of Tax Counsel; the National Tax Association; the Tax Institute of America; the Federal Bar Association; the District of Columbia Bar (1948, Tax Division); the Virginia State Bar (1947); the Bar Association of the District of Columbia (member of the Committee on US Courts of Claims); and a permanent member of the Judicial Conference of the Fourth Circuit. He was also a member of the Democratic Party. He taught as adjunct faculty at the University of Samford Law School and at the University of Alabama in Tuscaloosa.

Judge Edward S. Smith died March 22, 2001 in Birmingham, Alabama.

Acquisition information:
This collection was donated to the Arthur J. Morris Law Library by Judge Smith's children, Edward S. Smith and Innes Richards, in August 2001.
Processing information:

Richard H. Appert, Esq. New York, New York

S. Eason Balch, Esq. Birmingham, Alabama

John S. Battle Richmond, Virginia

William C. Battle President of Field Crest Mills, Inc. Eden, N. C.

Alexis I. du Pont Bayard, Esq. Wilmington, Delaware

Senator Birch Bayh Washington, D. C.

George Beall, Esq. Baltimore, Maryland

Giora Ben-Horin, Esq. Phoenix, Arizona

Edward B. Benjamin, Jr., Esq. New Orleans, Louisiana

Senator Joseph R. Biden, Jr. Washington, D. C.

John M. Bray, Esq. Washington, D. C.

Mortimer Caplin, Esq,. Washington, D. C.

Gene A. Castleberry, Esq. Oklahoma City, Oklahoma

Calvin H. Cobb, Esq. Washington, D. C.

Sheldon S. Cohen, Esq. Washington, D. C.

Scott P. Crampton, Esq. Washington, D. C.

Barbara B. Creed, Esq. San Francisco, California

Eugene G. Eason, Esq. C/o Steptoe & Johnson Clarksburg, West Virginia

E. Charles Eichenbaum, Esq. Little Rock, Arkansas

H. Vernon Eney, Esq. Baltimore, Maryland

Hon. M. Carr Ferguson Tax Division, U. S. Dept of Justice Washington, D. C.

Marvin Joseph Garbis, Esq. Baltimore, Maryland

Charles W. Hall Houston, Texas

John H. Hall, Esq. Los Angeles, California

Don V. Harris, Esq. Washington, D. C.

Isaac Hecht, Esq. Baltimore, Maryland

F. Cleveland Hedrick, Jr. Washington, D. C.

Lee H. Henkel, Jr., Esq. Atlanta, Georgia

Vester T. Hughes, Jr. Esq. Dallas, Texas

Henry C. Ikenberry, Esq. Washington, D. C.

Hon. Philip C. Jackson, Jr. Washington, D. C.

Julian I. Jacobs, Esq. Baltimore, Maryland

Bruce H. Johnson, Esq. Oklahoma City, Oklahoma

John B. Jones, Esq. Washington, D. C.

Senator. Edward M. Kennedy Washington, D. C.

William L. Kinzer, Esq. Atlanta, Georgia

Jules G. Korner, III Washington, D. C.

Hover T. Lenz, Esq. Denver, Colorado

Warren V. Ludlam, Esq. Jackson, Mississippi

Charles C. MacLean, Esq. New York, New York

William D. McLean, Esq. Rockville, Maryland

Senator Charles Mc C. Mathias, Jr. Washington, D. C.

Donald L. McCaskey, Esq.. Pittsburgh, Pennsylvania

Robert P. Mittelman, Esq. Baltimore, Maryland

Stanley C. Morris, Jr. Washington, D. C.

Senator Sam Nunn Washington, D. C.

Hon. Louis F. Oberdorfer McLean, Virginia

John S. Pennell, Esq. Chicago, Ill.

John T. Piper Bogle & Gates Seattle, Washington

Lester M. Ponder, Esq. Indianapolis, Indiana

C. Frank Reifsnyder, Esq. Washington, D. C.

Mitchell Rogovin, Esq. Washington, D. C.

Alan F. Rothschild, Esq. Columbus, Georgia

Michael C. Russ, Esq. Atlanta, Georgia

Frank P. Samford, Jr., Esq. Birmingham, Alabama

Hon. Barefoot Sanders, Jr., Esq Dallas, Texas

Jacques T. Schlenger, Esq. Baltimore, Maryland

Esward J. Schmuck, Esq. Washington, D. C.

Bernard G. Segal, Esq. Philadelphia, Pennsylvania

Sargent Shriver, Esq. Washington, D. C.

Sherwin P. Simmons, Esq. Trebam, Simmons, Kemper, Scharf, Barkin, Frye & O'Neill Tampa, Florida

George A. Smathers, Esq. Washington, D. C.

Gary P. Smith, Esq. Birmingham, Alabama Senator John Sparkman Washington, D. C.

Hart H. Spiegel, Esq. San Francisco, California

Dean Emerson Spies Charlottesville, Virginia

Norman A. Sugarman, Esq. Washington, D. C.

William A. Sutherland, Esq. Sutherland, Asbill & Brennan Washington, D. C.

Senator Herman E. Talmadge Washington, D. C.

S. Shepherd Tate, Esq. Memphis, Tennessee

Joseph D. Tydings, Esq. Washington, D. C.

William Waller, Esq. Nashville, Tennessee

Johnie M. Walters, Esq. Washington, D. C.

Meade Whitaker, Esq. Washington, D. C.

W. Bew White, Jr., Esq. Birmingham, Alabama

Stanley H. Wilen, Esq. Baltimore, Maryland

Glen A. Wilkinson, Esq. Washington, D. C.

Elliott T. Williams, Esq. Birmingham, Alabama

Andrew B. Young, Esq. Philadelphia, Pennsylvania

Arrangement:

The papers are arranged in the following groups:

Service on the US Court of Claims: correspondence, letters of recommendation, memoranda between judges and personal notes regarding court of claims appointments, and court administration rules, dating from primarily from 1977-1982. Boxes 1-2.

Creation of the US Court of Appeals for the Federal District: Meador Report materials, dating from 1978-1991. Boxes 2-5.

Federal Circuit Administration: materials related to the Court of Appeals for the Federal Circuit, various surveys, reports, and rules regarding procedures, dating from 1976-1997. Boxes 6-8.

Personal: resume, published articles, letters, speeches, class notes, and working materials, dating from 1964-1985. Box 9.

Rules or conventions:
Describing Archives: A Content Standard