MEMORIAL RESOLUTION 2007

2007 MEMORIAL RESOLUTIONS

Memorial to

The Honorable Russell Campbell Carden

As prepared by Gary D. Gerbitz


Judge Russell Campbell Carden was born September 3, 1915, in Chattanooga, the third child of Frank S. and Frances Campbell Carden. His grandfather William C. Carden was a Methodist minister and two of his great grandfathers served as Governor of Tennessee. Judge Carden was a graduate of McCallie School and received his undergraduate degree and law degrees from Duke University. At Duke he was a member of Pi Kappa Alpha Fraternity and the Varsity Soccer Team.


In 1941, Campbell Carden married Edith Gary Donaldson (Eddie), daughter of Mr. and Mrs. James Donaldson of Chattanooga, and they had one daughter, Gary Russell Carden. Following the death of Edith Carden in 1977, Judge Carden later married Frances Harris Wiggins, who passed away in 2001.


Judge Carden was a Special Agent with the FBI from 1941 to 1948, serving in Albany, New York, New York City, Savannah, Georgia and Myrtle Beach, South Carolina. When Judge Carden returned to Chattanooga, he was appointed Assistant District Attorney under then District Attorney Corey Smith. Later Judge Carden practiced law with Clifford Currey and Louie Harris with the firm of Moon, Harris and Dineen. In 1958, Judge Carden was elected Criminal Court Judge for the First Division, a position he held through 1982.


Judge Carden was a teacher, deacon, treasurer, and elder at the Central Presbyterian Church, and later an active member of the First Christian Church and the Signal Mountain Presbyterian Church. Judge Carden was active in the Kiwanis Club and The Big Brothers organization. Over the years Judge Carden enjoyed his time playing handball and tennis with his friends.


For many young lawyers, including prosecutors and criminal defense attorneys, Campbell Carden was as Judge a father figure. His easy-going demeanor on the bench and his quiet, thoughtful office discussions directed many of our ways through criminal trial procedure. Although he sat as judge on hundreds of criminal cases, most of us remember vividly his instructional discussions off the bench.


I remember in many extremely difficult murder trials Judge Carden, in his quiet but firm nature, directed the adversarial traffic with a “Let’s all calm down.” When confronted with sometimes unimportant arguments from aggressive attorneys on both sides of the case, he would simply remark, “Let’s move along,” bringing an immediate calm to needlessly hostile situations.


In 1958, when first elected Criminal Court Judge, Campbell Carden entered a local judicial scene that was heavy-handed and controversial. Many feared that his quiet demeanor would not be suitable to control a criminal courtroom. This was surely not the case. Campbell Carden did not change his soothing demeanor. Rather, his demeanor changed the judicial environment from explosive and controversial to thoughtful and even-handed. Without a doubt, Judge Campbell Carden changed the Criminal Court judiciary in Chattanooga for the betterment of everyone.


For those of us who were fortunate enough to practice before Judge Carden, we can reflect on the important contributions he made during his time as a judge, and, in particular, his dedication to honesty and order in his Court. His gracious judicial demeanor and understanding of people stands as the memorial to his judgeship.


THEREFORE, BE IT RESOLVED in a special Memorial Session on this 5th day of March 2007, that The Honorable Russell Campbell Carden’s good deeds and kindness be memorialized through this resolution and be adopted by this association as words of respect, praise and memory.


BE IT FURTHER RESOLVED that a copy of this resolution be filed in the archives of the Chattanooga Bar Association and be enrolled in the Memorial Resolution Book of the Circuit and Chancery Courts of Chattanooga, Tennessee; and that a copy be presented to his family as a token of the esteem and honor in which he has been held, and as an expression of our very deep sympathy in our mutual loss.


Chattanooga Bar Association

(signed) James M. Haley, IV, President


Memorial to

Stuart English Duncan

As prepared by B. Paul Hatcher

 

I am pleased and honored today to present the memorial of a man I greatly respected, Stuart E. Duncan.


Stuart was born on February 12, 1937, and died September 2, 2006. He would have been 70 years old last month. He was husband to Elaine, father to Mary and Anne as well as to Paul and Stuart, was step-father to Malone, Jeff, and Kennedy, and he had seven grand-children. He is also survived by his brother, Bill. In the forty-three years Stuart practiced law in Chattanooga, he had several law partners, of which I was the last. He was mentor to many young attorneys and was friend to a seemingly endless number of people. 


Stuart was a lawyer’s lawyer. He loved his work and he loved people. He arrived early, stayed late, and treated his clients and co-workers fairly. His enthusiasm was contagious. After advising an associate, it was not unusual for Stuart to end the conversation with a pat on the back and a loud, “Go get ‘em, guy (or gal).” A couple of weeks ago, Mollie in our office successfully completed a difficult mediation; she commented that she missed Stuart’s, “Way to go, gal.”


We all learned from him. Once I got a call from a fellow I knew but had not previously represented. He had gotten sued twice, was facing a default motion, and also had some distressed real estate that he needed help with.  I called Stuart into the meeting because of the litigation issues, and knew within a few minutes that this fellow was going to be a difficult personality to deal with. I took Stuart into the hall and reminded him that this guy was not a close friend and that Stuart had the option to send him elsewhere if he chose.  Stuart looked surprised at me. He said, “What are you talking about? This guy is a law firm’s dream:  He is the type of person who needs a lawyer, all the time.”


Stuart was quick to take cases where a person could not afford counsel. If he believed in the client, he would take these cases for free, or practically for free. As he explained, “The person needs help and that’s why we’re here.”


Stuart was loud. My office is still not accustomed to the silence of his being gone.  We always knew when Stuart was in the office by the noise. You never had to wonder what Stuart really thought, either, and political correctness was never a concern to him. Once I was visited by some top brass of a national title insurance underwriter, and I pulled Stuart into the meeting. After the introductions, he turned to a woman who had been particularly quiet and said, “And you, young lady, what do you do besides look pretty?” Whereas such a question would have produced, for me, both a slap and a lecture, the woman just smiled big and answered Stuart’s question, telling us about her (senior management) job. I have a theory about this: I think Stuart was one of those people who built up such a large amount of good will in his lifetime that he wore it like a sign and people instinctively responded positively to it.


Stuart was opinionated, but he was also open-minded, a renaissance man.  He enjoyed music and history; he was a horseman, a fisherman, an avid golfer. There was rarely a subject in which he was not adequately conversant. He was active in charitable work, particularly the Partnership for Families, Children and Adults, and the Children’s Home/Chambliss Emergency Shelter, having served on the board of directors for both. He was a retired captain in the U.S. Army.

 

Stuart was always open to trying new things.  I introduced him to Thai food, which became a regular habit. We ordered it three stars (“Hot”). Each time, his face would turn red and he would dab the back of his neck with a paper napkin and drink two tall glasses of ice water; and at the end of every such meal he would say: “Doggone it, Hatcher, that was good. But that was about as hot as I could have stood it.”


Stuart sang. We’re not talking about whistling while he worked. We’re talking about a full vocal serenade coming down the hall.  And any song imaginable was at risk of being performed. It might be a commercial jingle (once it was, “I wish I were an Oscar Mayer wiener”); it could be a pop song, or worse, folk music. He knew every folk song from the 50s and 60s.


Until he got sick, Stuart seldom just walked:  He moved in something between a trot and a gallop (is that a ‘canter’?) and he never wasted time getting to where he wanted to go to say what needed to be said. Daily, he ran into my office and would be well into his discussion before I fully realized someone was there.  For me, the effect was similar to that of the cartoon cat, hanging from the ceiling by its claws.


Stuart was born and raised in Louisville, Kentucky, and although he attended the College of William and Mary and later Duke University Law School, his early life was not one of privilege. In fact, his childhood was difficult, his mother having died when he was an infant. But true to form, Stuart did not dwell on what might have been or what should have been, but he made the most of what was.  That strength of character carried him through some tough times, including the premature death of two of his children.


Stuart’s death, too, was considered by all of us to be premature. Until he got sick, and he wasn’t sick for long, he was a young man in both body and spirit. When Stuart was dying, his wife Elaine said something to me more significant than anything I could say today: 


She said, “People talk about the good times and bad times. “There were no bad times, until this.”


Stuart will be greatly missed by a lot of people.


THEREFORE, BE IT RESOLVED in a special Memorial Session on this 5th day of March 2007, that Stuart E. Duncan’s good deeds and kindness be memorialized through this resolution and be adopted by this association as words of respect, praise and memory.


BE IT FURTHER RESOLVED that a copy of this resolution be filed in the archives of the Chattanooga Bar Association and be enrolled in the Memorial Resolution Book of the Circuit and Chancery Courts of Chattanooga, Tennessee; and that a copy be presented to his family as a token of the esteem and honor in which he has been held, and as an expression of our very deep sympathy in our mutual loss.


Chattanooga Bar Association

(signed) James M. Haley, IV, President


Memorial to

John Thompson Fort 

As prepared by James C. Lee

 

Be it remembered that John Thompson Fort who died May 13, 2006, was a long time member of The Chattanooga Bar Association.


John was born in 1916. He spent his early years in and around Rogersville and Greene County Tennessee. His family was pioneer stock and John was the end product of a long line of prominent Upper East Tennessee Republicans.


John lettered playing varsity football for Tusculum College where he took his BA degree in political science. He completed his education at the University of Tennessee Law School, there receiving an LLB. He was admitted to the practice of law in 1940.


Returning to his home town after passing the bar exam he began what proved to be a very brief private practice. Immediately after the attack on Pearl Harbor he volunteered for service in the US Air Force. He served for 5 years and was discharged as a Major. At the conclusion of his military service in WWII he returned to upper East Tennessee where he resumed his private practice of law.


In about 1948 Jac Chambliss had adversarial and contentious contact with John. Jac was impressed with the determination and tenacity that John displayed in the representation of his client. With the controversy concluded, Jac asked John to move to Chattanooga and to work with the firm that was then known as Sizer, Chambliss and Kefauver. John accepted the invitation and practiced with this firm for the next several years.


Following his move to Chattanooga and prior to his marriage, John enjoyed an active social life. A goodly supply of eligible, but unmarried, young ladies had accumulated during the war years of WWII. Thus, promising young lawyers were in great demand. However, not satisfied with what was available in Chattanooga, in 1956, John went back to upper East Tennessee for a bride. He married Jane Bowman and brought her back to Lookout Mountain where they lived until John’s death.


Jane was the daughter of a lawyer. There were those who said that this was fortunate. As a lawyer’s daughter, she had been properly trained for living with a lawyer; a life that not all girls find enjoyable. Jane and John raised three fine children, all of whom have turned out well. They are Tom, Mary Jane, and Edwin.


As time passed and as the Chambliss law firm began its expansion, John’s independent streak came to the fore. He found himself increasingly uncomfortable in partnership meetings and he did not respond well to team talk. He ultimately withdrew from the firm and, for the rest of his life, John practiced as a solo practitioner. He did so in association with several others including Jim Lee.


In the years before Tennessee’s Appellate  Judges were provided Law Clerks, some occasionally asked practicing lawyers to write opinions for them. The Court made the decisions, but the honored lawyers ghost wrote the opinions which the judges then signed. On occasion John ghost wrote for the late Judge Peabody Howard.


John appeared as a Counsel of Record in at least four reported and two un-reported appellate cases


John was an enthusiastic scratch golfer. At the Lookout Mountain Golf Club he was referred to as “The Inspector”. This title was conferred because of the inordinate amount of time that John spent tediously examining every blade of grass between his ball and the cup before finally making his putt.


In addition to practicing law, raising a family and playing golf, John also farmed. But, he did so from a distance and as a gentleman. Following the death of his father, he  continued operation of his family’s farm. I was always puzzled by his choice of crops; pigs and Christmas trees.


Although less active in his later years, John maintained an advisory practice for a few of his long time clients until very shortly before his death.


John outlived almost all of his contemporary practitioners. Although physically tough as a Hickory hoe handle, John never lacked a current ailment that merited discussing. For as long as I knew him, he always appeared frail; at times almost fragile. On one occasion John rushed a stricken companion to Erlanger Hospital’s emergency room. The duty nurse, reacting to their comparative physical appearances, tried to admit John.


For those fortunate enough to have known him, John will be remembered as a lawyer of the Old School; one who, in living his long life, did so actively, honorably and in a manner that reflected credit upon our profession and this Association.


THEREFORE, BE IT RESOLVED in a special Memorial Session on this 5th day of March 2007, that John Thompson Fort’s good deeds and kindness be memorialized through this resolution and be adopted by this association as words of respect, praise and memory.


BE IT FURTHER RESOLVED that a copy of this resolution be filed in the archives of the Chattanooga Bar Association and be enrolled in the Memorial Resolution Book of the Circuit and Chancery Courts of Chattanooga, Tennessee; and that a copy be presented to his family as a token of the esteem and honor in which he has been held, and as an expression of our very deep sympathy in our mutual loss.


Chattanooga Bar Association

(signed) James M. Haley, IV, President


Memorial to

William L. Frierson, II

As prepared by Thomas A. Harris


William L. Frierson, II, long of the Chattanooga Bar, was virtually born into the law.


His grandfather, Williams L. Frierson, of Chattanooga, was Solicitor General of the United States during the presidency of Woodrow Wilson. His father, Robert Payne Frierson, was a prominent Chattanooga lawyer who died rather early, at the peak of his career. Billy Frierson’s mother, the former Susan Lodor, was also of a prominent Chattanooga family. She married Robert Frierson, while her sister married Silas Williams. So Billy’s course was pretty well preordained when he came into the world on July 11, 1930.


The Friersons lived in Riverview, and Billy attended Bright School, for which he developed an abiding love. From there he went on to McCallie whose stringent curriculum he conquered easily. Being of rather small stature, he was not known in the major sports, but his competitive nature found its expression on the wrestling team; and some of those wrestling team members remained his close friends throughout his live.


At Vanderbilt, Billy continued to excel scholastically, to no one’s surprise; and he also continued to wrestle, becoming captain of the Vanderbilt wrestling team. He led Pi Kappa Alpha fraternity as its president. He went on to Vanderbilt Law School, and from there to three years active duty in the Navy as a JAG officer.

After returning to Chattanooga, during a brief interlude away from legal pursuits, Billy attended to more important matters and succeeded in winning the hand of Amy Hoover, which he considered his major life achievement. The two of them became prominent in social, civic and volunteer activities in many areas, although Billy was quiet and retiring; and one would never guess the number of leadership positions he filled. They included the presidencies of the Chattanooga Symphony Orchestra and the Chattanooga Arts Council; Chairman of the advisory board of the Chattanooga-Hamilton County Health Department; member of the Vestry and Lay Reader at St. Paul’s Episcopal Church; member of the boards of the Metropolitan Council for Community Services; the Hunter Museum; and the Chattanooga Nature Center. He belonged to the American, Tennessee and Chattanooga Bar Associations; the Estate Planning Council; the American Bridge League; the Mountain City Club, and the Fairyland Club.


Billy had chosen to enter the field of banking and mortgage law. In 1962 he joined First Federal Savings and Loan Association. He served there as counsel, senior vice-president, and head of the mortgage loan department. He was expert in this area of the law and was meticulous in its application to the documents and processes involved. He told me one time, with great concern, of a possible mistake someone under his supervision might have made; but if it were a mistake it would not result in loss to anyone. I doubt that anyone ever sustained any kind of loss due to an imperfection in his work.


Billy served First Federal and its successor, AmSouth, until his retirement in 1994.


We are all more than lawyers, and so Billy was. His personal qualities which were outstanding to me, were his intellect; his great curiosity as to the wonders of nature; his dedication, both to his work and to those he loved (especially Amy); his scrupulous integrity; and his dogged determination to win any contest. Some of these qualities engendered serious admiration, and upon occasion, some of them provided humor for the rest of us. As to intellect: he bought one of the first computers which would play a game of chess with you. Billy would so confound the computer with his moves that sometimes it would sit there clicking for three days before it would respond. As to nature: at various times he experimented with daylilies; tropical fish; honeybees; and exotic chickens. In excessive numbers. As to the determination to win: he loved to play board games, but he would become so deeply engrossed in figuring all of the chances and prospects, and would take so long to move, that most of us would quit. But that determination to win and his essential toughness also brought him through, in recent years, almost countless surgeries, traumas and physical crises. He would not give up, and in the end the Lord had to take him on September 11, 2006. On September 14, 2006, a grand funeral at his beloved St. Paul’s Episcopal Church celebrated the life of a true and dedicated lawyer; an adoring husband; a faithful servant; a loving friend; and a unique man.


Billy’s sister, Dabney Frierson James, survived him by only two months.


Surviving Billy today are his wife Amy; nieces Dr. Dabney James, Maddin J. Corey, and Courtney J. Zirkle; sister-in-law Sally H. Harris and brother-in-law Thomas A. Harris; nephews T. Alan Harris, Jr; Timothy Freeman Harris and William Hoover Harris; and several cousins, among whom Silas Williams, Jr. (the father of our presiding judge today) and James Thomas Williams, III were especially close.


THEREFORE, BE IT RESOLVED in a special Memorial Session on this 5th day of March 2007, that William L. Frierson, II’s good deeds and kindness be memorialized through this resolution and be adopted by this association as words of respect, praise and memory.


BE IT FURTHER RESOLVED that a copy of this resolution be filed in the archives of the Chattanooga Bar Association and be enrolled in the Memorial Resolution Book of the Circuit and Chancery Courts of Chattanooga, Tennessee; and that a copy be presented to his family as a token of the esteem and honor in which he has been held, and as an expression of our very deep sympathy in our mutual loss.

Chattanooga Bar Association

(signed) James M. Haley, IV, President


Memorial to

David Franklin Harrod

As prepared by Laurie Harrod Hallenberg


 David Franklin Harrod was born on September 1, 1951, in Athens, McMinn County, Tennessee, where he spent his entire professional career and where he and his wife of 32 years, Vicki Newton Harrod, reared their three children, Laurie, David, Jr., and Andrew. David was the third child of Felix and the late Kathryn Harrod, and was a cherished brother to Doug Harrod, Steva Harrod and Trudy Evans.


David was a 1969 graduate of McMinn County High School, a 1973 graduate of Tennessee Technological University, and a 1976 graduate of the University of Tennessee College of Law.


After graduating from the University of Tennessee, David returned to Athens in 1976 with his family to practice law with Allen H. Carter. Only six short years later, at age 30, David was elected Circuit Court Judge for the Tenth Judicial District. Judge John B. Hagler of the Tenth Judicial District has said, “Mature beyond his years, [Judge Harrod] quickly won the respect and admiration of attorneys on both sides of the courtroom. His sure grasp of the law never exceeded his desire to see justice done.”


After only four years of service, Judge Harrod retired from the bench to return to practice because his friend and law partner, Allen Carter, was diagnosed with a terminal illness. While his time on the bench was short, his impact was great. Even after his retirement, Judge Harrod continued to influence the quality of the judiciary in the Tenth Judicial District and beyond. Chancellor Jerri S. Bryant was elected to the bench from his law firm. Circuit Court Judge Carroll Ross has attested to David’s decisive action supporting his appointment to the bench. And most recently, David was in the forefront of promoters of Judge Sharon Lee’s appointment to the Tennessee Court of Appeals, speaking

on her behalf at her judicial selection hearing.


Following Allen Carter’s death, David spent his remaining twenty years in private practice in the law firm which is now known as Carter, Harrod and Willhite, PLLC. David served as counsel to Athens Federal Community Bank,

Citizens National Bank, Athens Utility Board, McMinn County Board of Education, Bowater Newsprint and State Farm Insurance Company. In 2006, I had the opportunity to join my father’s practice as an associate.


As a litigator, David built a reputation as a formidable adversary and advocate, but most importantly, he maintained a reputation for possessing nothing but the utmost civility in all aspects of his practice. He was also a counselor to his clients, offering advice, guidance and loyalty. In addition, towards the end of his career, David developed a respected reputation as a mediator, where he was able to use his ability to evaluate a case and convince

each side of the legal soundness of his evaluation. Not a week passes in my own career that a colleague or client does not tell me of the high esteem in which they held David Harrod, and how much he meant to them and to the practice of law.


As a lawyer, David was a member of the McMinn-Meigs County Bar Association (President 1988-1989), the Tennessee Bar Association, the Tennessee Defense Lawyers Association, the Tennessee Bar Foundation, and the Tennessee Supreme Court Historical Society. In 1997, David was elected a Fellow of the American College of Trial Lawyers, an honor which gave him great pride and a sense of accomplishment with his colleagues.


As a citizen, David served on numerous boards and committees, including the Athens City School Board, the Citizens National Bank Board, and the Coordinated Charities Board. He was actively involved at Keith Memorial United Methodist Church, where he was a member of the choir, a teacher, a committee member, and a servant. As a husband and father, David was devoted to his

family. My two brothers and I are blessed to have been raised in our home, learning the importance of hard work, quality relationships and a joy for life.


On May 7, 2006, David’s life was cut short at the young age of 54, after a courageous and graceful battle with cancer. His life and death touched everyone he knew, and leaves his family, friends and colleagues to mourn him, but also to rejoice in the life he lived and exemplified.


What greater honor than for a daughter to write a memorial to her father, a man that not only inspired her career path but inspired her by example to strive for integrity, humility, devotion to family and friends, and a never wavering faith in God. My family aches with sadness and loss for our great Husband, Father and Friend. However, we are comforted with the thoughts of his legacy, and are proud that David Harrod was “ours.”


THEREFORE, BE IT RESOLVED in a special Memorial Session on this 5th day of March 2007, that David Franklin Harrod’s good deeds and kindness be memorialized through this resolution and be adopted by this association as words of respect, praise and memory.


BE IT FURTHER RESOLVED that a copy of this resolution be filed in the archives of the Chattanooga Bar Association and be enrolled in the Memorial Resolution Book of the Circuit and Chancery Courts of Chattanooga, Tennessee; and that a copy be presented to his family as a token of the esteem and honor in which he has been held, and as an expression of our very deep sympathy in our mutual loss.


Chattanooga Bar Association

(signed) James M. Haley, IV, President


Memorial to

Benjamin Lawson Hill, III

As prepared by Bill Killian


It is with the utmost honor and appreciation that I am allowed by Ben Hill’s family and the Chattanooga Bar Association to present this memorial on his behalf.


Benjamin Lawson Hill, III was born in Bridgeport, Alabama on September 25, 1942. After graduation from Bridgeport High School, he received a football scholarship from MTSU. He played running back, that’s right, running back, for Coach Spooks Murphy. Thereafter, he graduated from Cumberland Law School in Birmingham, Alabama.


Ben’s mom and dad operated a service station in downtown Bridgeport. Until her death, his mom was one of the best cooks in three states. Ben’s dad’s business was the center of local news, politics, and gossip.


Until his sickness, Ben practiced law and served as Marion County’s Juvenile Judge, as well as the City Judge for Whitwell and Jasper.


It is with heavy heart that I deliver these remarks to you, for I have lost a dear friend.


Ben and I shared a friendship for over 30 years and a law office for over 20. He loved his family, with a love that didn’t need to be verified by mentioning it often. He was very proud and appreciative of his wife, Martha, who stuck by him through thick and thin. He was very proud of his children and his sister, and their accomplishments. He was a friend, with no conditions. We shared many times, many stories and many of life’s experiences together. If you couldn’t get along with Ben, there was something wrong with you. Ben always thought, analyzed, and acted with common sense. It’s like one of my son’s professors at U.T. said, “Common sense - it’s not all that common anymore.” It was refreshingly, constantly present with Ben.


Ben experienced life through stories. He was a great storyteller, which starts with having superb memory of the facts and people that make the story. He related many of those stories to you and me. Most of the stories were based upon some of his life experiences. I have probably forgotten more stories than Ben told me, more than most people have been told. It wouldn’t seem right to eulogize Ben without an example of the stories that made us laugh. He had the ability to bring a smile to our faces from his presence or the mention of his name.


Three stories come to mind. These arose from Ben’s personal life, his legal life, and his judicial life.


In the 1950's, Ben’s Dad, Benjamin Lawson Hill, II, was on the public utility board in Bridgeport, Alabama. There was a great controversy about whether to fluoridate the water in Bridgeport. Some of the residents thought it was a communist plot. After a particularly raucous meeting, Ben’s Dad cast the deciding vote to fluoridate the water. At home after the meeting, Ben asked his Dad why he did that with so many people opposed to it. Mr. Hill simply said, “Sometimes you just have to give the people better than they want.” Now you can see the source of some of Ben Hill’s wisdom.


By the way, these stories were told by Ben himself.


When Ben worked for Governor Wallace in Alabama, he was a confidential assistant. In Ben’s words he was the guy that would have to tell people “no” if the request could not be granted. That way, Governor Wallace wouldn’t have the people mad at him. There was a man named Dooty Peters, who lived in Bayou La Battre, Alabama. Dooty mined oysters for a living. In times of drought, the Alabama Health Department would outlaw the mining of oysters due to a bacteria buildup that would cause cholera. When this would happen, Dooty Peters would call Governor Wallace’s office, who would put him through to Ben’s office. Dooty didn’t stutter, but he said everything twice. He said, “Oh Ben Hill, Oh Ben Hill, we’ve got to mine these oysters, we’ve got to mine these oysters, it’s killing us, it’s killing us.” Ben responded by saying “Dooty, me and my buddy Bowick (a friend of Ben’s from the administration) like to go out here after work to the Elite and eat a few oysters and drink a few beers. What if some of those bad oysters made us sick or worse than that, killed one of us?” Dooty replied, “Oh Ben Hill, Oh Ben Hill, don’t you know that we send, don’t you know that we send, all our oysters up north, all our oysters up north?” Apparently, Dooty didn’t see any problem with poisoning or killing a few Yankees.


The last story occurred while Ben was sitting as City Judge in Jasper. There was a guy who was, for lack of a better term, one of the town drunks. He appeared before Ben charged with four counts of public drunkenness. Ben called him up before the court. “Gerald, you’re charged here with four counts of public drunkenness. How do you plead?” Gerald said, “Well Your Honor, on those first three, I’m guilty, but on that fourth one, I think they picked me a little green.” So Ben found him guilty on the first three, and dismissed the fourth one.


Ben understood people and life’s situations. He lived life through his stories, and entertained us in the process. The Native American people kept few written records of their lives, because they orally passed down stories from generation to generation. Those stories of Ben Hill will forever be his legacy. So someday, you may be driving down the road and think of one of the many stores that you heard Ben tell you and chuckle. He would like that.


Ben passed away on December 5, 2006, at the age of 64.


THEREFORE, BE IT RESOLVED in a special Memorial Session on this 5th day of March, 2007, that Benjamin Lawson Hill's good deeds and kindness be memorialized through this resolution and be adopted by this Association as words of respect, praise and memory.


BE IT FURTHER RESOLVED, that a copy of this resolution be filed in the archives of the Chattanooga Bar Association; and be enrolled in the Memorial Resolution Book of the Circuit and Chancery Courts of Chattanooga, Tennessee; and that a copy be presented to his family as a token of the esteem and honor in which he has been held, and as an expression of our very deep sympathy in our mutual loss.


Chattanooga Bar Association

(signed) James M. Haley, IV, President


Memorial to

Fount Love, Jr.

As prepared by Gene R. Griffin

 

I am honored to present a memorial resolution for Fount Love, Jr. and I thank the Love family for this privilege.  Fount was born in Athens, Tennessee on October 24, 1941.  Fount’s father, F.L. Love was a banker in Athens and his mother Doris Painter Love was a lovely lady who owned and operated a children’s clothing store.  Fount grew up in a politically divided family as his father was a staunch republican and his mother was a faithful democrat.  Fount may have been influenced in his choice of a career by his uncle, Paul Painter, his mother’s brother, who was a judge in north Georgia.


Fount was a graduate of Tennessee Military Institute; Tennessee Wesleyan College and the University of Tennessee Law School.  He was a member of the Chattanooga Bar Association, Tennessee Bar Association and the American Bar Association.


Fount met Sarah Hipp at Tennessee Wesleyan College and entered into the best contract he ever made by marrying Sarah.  When Fount’s courtship with Sarah began, the first question Fount’s father asked her was “how do you vote”?  Sarah being truthful and also sensing his anxiety of the possibility of two female Democrats in his immediate family, answered by saying that “she voted for the person, not for a particular party.”


Fount and Sarah were blessed with two children, a son Jeff Love and a daughter Melissa Love Snyder.  Fount was a devoted and loving husband, father, and grandfather.  His family was the most important thing in his life and was his first priority.  Fount always made time to attend his children’s community and school activities.  He was very proud of his family as they were of him. 


Fount was a member of Signal Crest United Methodist Church and especially enjoyed listening to the church choir.  After graduating from law school, Fount was employed by the law department of Provident Life & Accident Insurance Company in Chattanooga, Tennessee.  Fount was an excellent corporate attorney.  He had a keen mind and was skilled in analyzing information.  His job duties required knowledge and understanding of insurance regulations and laws in all of the fifty states.  During his employment with Provident, Fount was appointed by his employer and other insurance companies to serve on the committee of The International Claim Association and the sub-committee on litigation for The American Council of Life Insurance.  Fount retired from Provident after a long and distinguished career of thirty years.


Patience and kindness were two of Fount’s greatest virtues which he always displayed in his professional and personal life.  He made time for anyone that needed legal advice, regardless of social or economic status.  Everyone was treated fairly and with dignity by Fount.


He was proud of his East Tennessee heritage and was especially knowledgeable of the history and trivia of McMinn County where he was born and reared.  Fount was an avid Tennessee Volunteer fan.  He and Sarah spent many enjoyable Saturdays in Knoxville during football season.


Fount died at his home on November 14, 2006, surrounded by his family.  He was sixty five years old.  Up to the last, Fount never complained.


THEREFORE, BE IT RESOLVED in a special Memorial Session on this 5th day of March 2007, that Fount Love, Jr.’s good deeds and kindness be memorialized through this resolution and be adopted by this association as words of respect, praise and memory.


BE IT FURTHER RESOLVED that a copy of this resolution be filed in the archives of the Chattanooga Bar Association and be enrolled in the Memorial Resolution Book of the Circuit and Chancery Courts of Chattanooga, Tennessee; and that a copy be presented to his family as a token of the esteem and honor in which he has been held, and as an expression of our very deep sympathy in our mutual loss.

Chattanooga Bar Association

(signed) James M. Haley, IV, President

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