Texas Archival Resources Online

TABLE OF CONTENTS


Collection Summary (Overall)

Historical Background

Contents of the Collection

Restrictions

Related Material

Separated Material

Administrative Information

Description of Series

Judge, 1933-1953

Lawyer 1914-1934

Printed Material, 1913-1956

Personal Correspondence, 1922-1954

University of Texas, Tarlton Law Library

Guide to the Graham B. Smedley Papers at the Tarlton Law Library



Collection Summary (Overall)

Creator Smedley, Graham B.
Title Graham B. Smedley Papers
Dates (1913-1956 [Bulk 1919-1954])
Abstract Correspondence, legal and legal style documents, newspaper clippings,telegraphs, printed materials, and creative works (17 cubic feet) created and maintained by Graham B. Smedley (1913 [1919-1954] 1956) document his personal and professional life as a lawyer and later an Associate Supreme Court Justice in Texas specializing in oil, land, and natural gas law.
Size 10.5 linear ft. (25 boxes)
Repository Rare Books & Special Collections, Tarlton Law Library, The University of Texas at Austin  727 E. Dean Keeton St., Austin, TX 78705-3224, (512) 471-7263

Historical Background

Graham Best Smedley was born on November 10, 1879 in Millersburg, Kentucky, to John Graham and Elizabeth “Lizzie” (Raines) Smedley. He studied classics at Georgetown College in Kentucky. After graduation he enrolled at Harvard University in pursuit of an advanced degree so that he could teach. However, he disliked it and after two weeks he returned home. In 1899 he was accepted to the University of Virginia where he studied law, there he graduated in three years with the highest honors. In 1905 he moved to Texas and began practicing law in Dallas. While in Dallas he met his wife Betty Dunn, whom he married on December 25, 1907. They moved to Midland where he was an oil and gas attorney and served a term as Midland Country Attorney. In 1913 Smedley was appointed Assistant Attorney General to Attorney General Ben Looney and moved to Austin, where he was in charge of all of Texas' litigation pertaining to school lands, oil and gas rights, and irrigation. Smedley resumed practicing law after Looney’s term ended in 1918. In 1925 he relocated to Wichita Falls, and later Fort Worth, but returned to Austin in 1933 following his appointment to the Commission of Appeals for the Supreme Court of Texas. In 1944, after a constitutional amendment elevated the number of justices of three to nine and abolished the Commission, Smedley and the other members of the Commission were appointed associate justices of the Supreme Court of Texas. Smedley served ten years on the Court and developed a tough reputation, earning the nickname "The Great Dissenter.” He was the author of a digest of Texas Oil and Gas Law and served on the editorial board of the Texas Law Review. Smedley was a Methodist, a 32nd degree Scottish Rite Mason, a Shriner, a member of the Phi Delta Phi fraternity and the Order of the Coif as well as the Austin Town and Gown Club, and in 1950 he was bestowed an honorary degree of doctor of laws from Georgetown College. He died Thursday, November 10, 1954, after a brief illness, and was buried in the Texas State Cemetery.

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Contents of the Collection

Correspondence, legal and associated documents, newspaper clippings, telegraphs, printed materials, and creative works (17 cubic feet) document Graham B. Smedley's personal and professional life as a lawyer and later an Associate Supreme Court Justice in Texas. As a judge Smedley filed his case materials (6 cubic feet) alphabetically in folders according to the plaintiff’s name. Prominent cases within this arrangement are Hagedorn v. Alexander and Ford Motor v. Maddin. Records regarding Smedley’s years working as a lawyer detail the cases he worked on, the opinions he shared with his colleagues and those he privately held (4 cubic feet), including Smedley’s work with the Gulf Production Company and Phillips Petroleum Company. Due to his work and interests Smedley collected printed material (4 cubic feet), including the Texas Bar Journal and materials regarding laws passed and cases tried in the Supreme Court of Texas and the Civil Court of Appeals.

Additionally, the Personal Correspondence series (3 cubic feet) contains correspondence, newspaper clippings, postcards, and telegraphs documenting Graham B. Smedley’s personal life, friends, interests, and charities. Graham B. Smedley filed his personal correspondence alphabetically according to the name Smedley associated with the document. For example, a letter from Allan Shivers will be filed under “S” while a letter regarding a recommendation to Professor Clerk regarding Thomas Gee will be filed under “G.” However a recommendation regarding Judge Rogers from T.E. Humphrey will be filed under “H.” Smedley corresponded with people and organizations throughout Texas including the Dallas Bar Association, Houston Bar Association, and the Texas Law Review. There is also substantial correspondence with Allen Duckworth in regard to the Hagedorn v. Alexander case. As an expert in oil, land, and natural gas laws Smedley consulted for professionals in Texas as well. Smedley was also involved with Georgetown College, the Town and Gown Club, and the Detective Book Club. Other correspondants include various universities in Texas, Robert Stayton, Fort Worth Bar Association, San Antonio Bar Association, Texas Bar Association, Phi Delta Phi Fraternity, and American Law Reports.

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Restrictions

Access Restrictions

None.

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Related Material

A photograph of Judge Smedley may be located in box TJ6 of the Texas Jurists Collection.

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Administrative Information

Cite As

Graham B. Smedley Papers, Tarlton Law Library, University of Texas at Austin.

Acquisition Information

Donated ca. 1959-1960.

Processing History

Processed by Eliza Sudol, Jessica Sanders, Alta Valliant, Fall 2007. Minor revisions to the finding aid performed by Jennifer Cummings, Archives Assistant, 2008.

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Detailed Description of the Collection

 

Judge, 1933-1953

Commission Appointment, 1933-1940
box folder
Smedley 1 1 Commission Appointment Correspondence, 1933
2 Texas Supreme Court Appointment Correspondence, 1935
3 Texas Supreme Court Appointment Correspondence, 1940
Case Material, 1935-1951
box folder
Smedley 1 4 A- Texas Supreme Court Cases Material, undated
5 B- Texas Supreme Court Cases Material, undated
6 C- Texas Supreme Court Cases Material, undated
7 C- Texas Supreme Court Cases Material, undated
8 D- Texas Supreme Court Cases Material, undated
9 E- Texas Supreme Court Cases Material, undated
10 F- Texas Supreme Court Cases Material, undated
box folder
Smedley 2 1 G- Texas Supreme Court Cases Material, undated
2 G- Texas Supreme Court Cases Material, undated
3 H- Texas Supreme Court Cases Material, undated
4 I- Texas Supreme Court Cases Material, undated
5 J- Texas Supreme Court Cases Material, undated
6 K- Texas Supreme Court Cases Material, undated
7 L- Texas Supreme Court Cases Material, undated
8 M- Texas Supreme Court Cases Material, undated
9 M- Texas Supreme Court Cases Material, undated
10 Mc- Texas Supreme Court Cases Material, undated
11 N- Texas Supreme Court Cases Material, undated
12 O- Texas Supreme Court Cases Material, undated
13 P- Texas Supreme Court Cases Material, undated
box folder
Smedley 3 1 R- Texas Supreme Court Cases Material, undated
2 S- Texas Supreme Court Cases Material, undated
Blueprint of Ransom House seperated and moved to Oversized
3 S- Texas Supreme Court Cases Material, undated
4 T- Texas Supreme Court Cases Material, undated
5 U- Texas Supreme Court Cases Material, undated
6 V- Texas Supreme Court Cases Material, undated
7 W- Texas Supreme Court Cases Material, undated
8 Y- Texas Supreme Court Cases Material, undated
box folder
Smedley 4 1 Application for Writ in N.A.- 757 Memoranda, undated
2 Block 35 and Crane and Upton Counties Material, 1939
3 Ford Motor v. Maddin, Memorandum, undated
4 Hagedorn v. Alexander- Clippings, 1950
5 Hagedorn v. Alexander- Correspondence, 1950-1951
6 Harry v. Caurrie- Case Material, undated
7 Homestead Question Material, undated
8 Jolly Case Material, undated
9 C. Woodrow Laughlin Material, undated
10 Lewis v. Oats Opinion, undated
11 Pearson v. Doherty Case Material, undated
12 Study of Spanish Speaking People Material, 1948-1949
13 Usury Cases Memorandum, undated, 1935
14 Wortham v. Walker Memoranda and Correspondence, undated, 1935, 1939
Speeches, Memoranda, and Opinions, 1940-1951
box folder
Smedley 5 1 "Points of Appeal of a Land Suit" Speech Typescript, undated
2 "Trial Tactics in the Supreme Court of Texas" Speech Typescript, undated
3 Speeches, Lectures, and Memorandum collected by Smedley, undated, 1940-1941
4 Sppech Typescript, undated, 1948-1951
5 Speech Typescript, undated
6 Speech Typescript, undated
7 Moratorium Case Memoranda, undated
8 Practice Act Case Memoranda, undated
9 Memoranda, undated
10 Texas Supreme Court Opinions, undated, 1941
11 Texas Court Opinions, undated
12 Witchita Falls Independent School District Act- Notes, undated
General, 1933-1953
box folder
Smedley 6 1 Case Ledger, undated
2 Texas Reports Lists, undated, 1933-1952
3 Rules Governing Admission to Bar of Texas, 1949-1953
4 Committee on Rules of Civil Procedure, undated, 1949-1953

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Lawyer 1914-1934

box folder
Smedley 7 1 Archer County and J.E. Anderson Material, 1923-1927
2 Black and Smedley, undated, 1920
3 Brown v. Rogers- Correspondence, 1920-1921
4 Cavanaugh Property- Correspondence, 1925-1931
5 J.L. Chapmen Commissioner- Cases Material, 1924
6 Chiles, R.A.- Legal Material and Correspondence, 1928-1929
7 Colquitt, O.B.- Graham Oil Lease Material, 1917-1921
8 Colquitt, O.B. and Young County Oil and Gas Riverbed Permits, 1917-1921
9 Continental Oil Company- Legal Material and Correspondence, undated, 1926-1931
10 Cowden, Jax M.- Legal Material and Correspondence, 1927-1933
Blueprint "University Block 30" seperated and moved to Oversized
11 General Land Office- Legal Material, 1914-1919
box folder
Smedley 8 1 Greene v. Robinson- Case Material, 1928
2 Meyer, Ed.- Financial Material and Correspondence, 1919-1924
3 Miller, E.T. and the Matter of a Quit Claim Deed- Correspondence, 1923
4 Milber v. T.L. McDaniel- Memoranda and Pleadings, undated, 1928, 1931
5 Noble v. Robinson Material, undated, 1922-1929
6 Oklahoma v. Texas- Reports and Materials,
7 Pintsch Compressing Company- Material, 1922-1924
8 Sacks v. Occidental Oil Corp.- Case Material, 1921, undated
9 State of Texas v. Bradford- Correspondence, 1928-1933
10 State of Texas v. Bradford- Case Material, 1921, undated
box folder
Smedley 9 1 State of Texas v. Phillips Petroleum Corp.- Case Material, 1926
2 State of Texas v. Phillips Petroleum Corp.- Case Material, undated
3 State of Texas v. Phillips Petroleum Corp.- Case Material, undated
4 State of Texas v. Phillips Petroleum Corp.- Correspondence, 1928-1929
5 State of Texas v. Phillips Petroleum Corp.- Correspondence, 1929-1934
6 State of Texas v. Phillips Petroleum Corp.- Production Reports and Memos to Parties undated
7 State of Texas v. Phillips Petroleum Corp. et Al.- Printed Material, undated
box folder
Smedley 10 1 Stine v. Lone Star Gas Company- Case Material, 1931
2 T. and N.O. Railway Co. v. M.K. and Railway Co.- Case Material, 1929-1937
3 Townsend, B.D.- Correspondence, 1919-1925
4 Trigg, Ed- Correspondence, 1927, 1934
5 United States v. One Nash Touring Car- Case Material, 1920-1921

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Printed Material, 1913-1956

Speeches, Memoranda, Meetings, 1913-1954
box folder
Smedley 10 6 American Law Institute 35th Annual Meeting, 1954
7 The American Way of Life and World Leadership, undated
8 The Bar as an Institute of the State, 1913
9 Beck, James M.- Speech, 1935
10 Black, Charles L.- Speeches, 1933, 1946
11 Cross, O.H.- Speech, 1936
12 The Exhaltation of Secondary Authority, 1913
13 Fort Worth Bar Association- Honorary Dinner, undated
14 Garwood, W. St. John, Associate Justice, Reception and Dinner, 1948
15 Hart, James P.- Speech, 1952
16 Hutcheson Jr., Joseph C.- Speeches, 1928, 1935
17 "In Memorian"- Printed Material, 1921-1952
box folder
Smedley 11 1 Phillips, Nelson- Speeches, 1928, 1935
2 Texas Bar Association Annual Meeting, 1934
3 Texas Bar Association Dinner- Memento, 1935
4 Townes Hall and Tarlton Library Dedication Ceremonies, 1953
Court of Civil Appeals, Undated
box folder
Smedley 11 5 Danciger Oil and Refining Company v. Lon A. Smith, undated
6 E.J. Bouldin v. Gulf Production Company, undated
7 City of Cross Plains v. J.M. Radford, undated
8 Douglas Oil Company v. State of Texas, undated
9 Estate of E.S. Graham v. Carrie G. Stewart, undated
10 Golf Production Company v. Continental Oil Company, undated
11 Ruby Holmes v. I.G. Yates, undated
12 John L. McMahon v. John J. Christmann, undated
13 Dorothy J. Porter v. State of Texas, undated
14 Praries Oil and Gas Company v. State of Texas, undated
15 Regan County Publishing Cpmpany Inc. and Continental Oil Company v. State of Texas, undated
16 M.H. Reed v. State of Texas, undated
17 State of Texas v. C.W. Bradford, undated
18 Texas and Pacific Railway Company v. State of Texas, undated
19 United Title Company and Architectual Stone Company v. Kermit Independent School District, undated
Supreme Court of Texas, Undated
box folder
Smedley 11 20 James V. Allred- Printed Material, undated
box folder
Smedley 12 1 J.E.Anderson v. Louis Polk, undated
2 Anna Lee Company v. Big Lake Company, undated
3 John J. Burttschell v. Geo. H. Sheppard, undated
4 Empire Gase and Fuel Company v. State of Texas, undated
5 Golf Production Company v. Continental Oil Company, undated
6 George Harris v. United States of America, undated
7 H.E. Lemar v. J.W. Garner, undated
8 Lincoln National Life Insurance Company v. Kin V. Anderson, undated
9 J.C. Lovett v. J.A. Simmons, undated
10 Lower Colorado River Authority v. William McCraw, undated
11 Magnolia Petroleum Company v. J.H. Walker, undated
12 M.A. Smith, undated
13 Sun Oil Company v. L.E. Burns, undated
14 Usury Cases, undated
15 M.L. Walker v. Temple Trust Company, undated
16 Wichita County v. Jim Robinson, undated
17 Gus S. Wortham v. J.H. Walker, undated
box folder
Smedley 13 1 Universal Camera Corp. v. National Labor Relations Board, undated
Laws, Rules, and Ethics, 1915-1953
box folder
Smedley 13 2 Laws of Oil and Natural Gas: A Handbook, 1915
3 General Laws of the State of Texas, 1921
4 History of Rule Thirty-Seven (Oil Spacing Rule), 1936
5 The Premises of the Declaration of Independence and Their Consequences, 1946
6 Proposed Amendment of the Judiciary Article of the Texas Constitution, 1952
7 Ethics in the Profession of Law, 1953
8 Uniform Rules of Evidence, 1953
Journals, Magazines, and Newspapers 1925-1956
box folder
Smedley 13 9 American Bar Journal, 1938, 1940, 1947, 1950, 1953
10 Case and Comment: A Magazine for Lawyers, 1925
box folder
Smedley 14 1 Columbia Law Review, Reprints, 1942
2 "Enactment of Executive Reorganization Bill Would Transform Government into Dictatorship, Says Letter to President," 1938
3 Minnesota Law Review, Reprints, 1945-1947
4 Mississippi Law Journal, Reprints, 1941
5 New York University Law Quarterly Review, Reprints, 1949
6 Political Science Quarterly, Reprints, 1939
7 Texas State Directory, 1949
8 Unauthorized Practice News, 1954
9 University of Pittsburgh Law Review, Reprints, 1950
Texas Bar Journal
[5 Folders]
10 1940
11 1952
12 1953
13 1954
14 1956
15 Texas Edition Southwestern Reporter, 1954
16 Texas Supreme Court Reporter, 1954

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Personal Correspondence, 1922-1954

General, 1922-1954
box folder
Smedley 15 1 A, 1940-1953
2 B (Bailey-Bergman), 1937-1953
3 B (Best-Butler), 1935-1953
4 C (Caldwell-Coke), 1947-1954
5 C (Collins-Cureton), 1949-1953
6 D (Dallas-Delaplaine), 1940-1954
7 D (Democratic-Detective), 1940-1954
8 D (Dickinson-Durham), 1939
9 E, 1935-1953
10 F, 1944-1954
11 G (Gallagher-Gibbons), 1940-1953
12 G (Gibbs-Gore), 1940-1954
13 G (Gormley-Guittard), 1939-1953
14 H (Haddaway-Hall), 1939-1954
15 H (Harvey-Holliday), 1935-1952
16 H (Hollingsworth-Hutcheson), 1939-1954
box folder
Smedley 16 1 I, 1949-1954
2 J, 1947-1954
3 K (Katy-Kemper), 1934-1953
4 K (Kenley-Kucera), 1940-1954
5 L, 1930-1953
6 M, 1949-1954
7 Mc, 1949-1954
8 N, 1949-1954
9 O, 1949-1952
10 P (Painter-Phi Alpha Phi), 1934-1954
11 P (Phi Delta Phi-Potts), 1933-1954
12 R, 1948-1953
13 S (Sample-Shepperd), 1934-1953
14 S (Shivers-Staton), 1937-1953
15 S (Stiles-Suttle), 1922-1953
16 Smith, Edward W. Memorial Materials, 1951-1953
box folder
Smedley 17 1 T (Taney-Taylor), 1935-1953
2 T (Temple-Texas), 1937-1953
3 T (Thatcher-Tilley), 1946-1953
4 T (Tirey-Turpin), 1945-1954
5 U, 1949-1953
6 V, 1949-1954
7 W (Waco-Wheat), 1937-1954
8 W (Whitehead-Williamson), 1927-1953
9 W (Whilliford-Women's Auxiliary of San Antonio Bar Association), 1928-1953
10 Y, 1936-1951
11 Z, 1949-1950
Voluntary Associations, 1939-1950
box folder
Smedley 17 12 American Law Reports (A.L.R.), 1939-1950
13 Town and Gown Club Material, 1940-1947

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