Texas Archival Resources Online

TABLE OF CONTENTS


Collection Summary (Overall)

Historical Background

Contents of the Collection

Restrictions

Separated Material

Administrative Information

Description of Series

Texas Legal Organizations, 1910-1965

National Legal Organizations, 1914-1967

Assorted Professional Material, 1926-1966

University of Texas, Tarlton Law Library

Guide to the James W. McClendon Papers at the Tarlton Law Library



Collection Summary (Overall)

Creator McClendon, James W.
Title James W. McClendon Papers
Dates 1910-1967
Abstract Correspondence, minutes and agenda, legal documents, newspaper clippings, financial documents, reports, maps, and other materials illustrate James W. McClendon's involvement in local, state, and national legal organizations and associations.
Size 10.5 linear feet (21 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

Born in West Point, Georgia, on November 1, 1873, to James Wooten and Annie Eliza (Thompson) McClendon, James Wooten McClendon (1873-1972) was a lawyer, judge, and chief justice of the Texas Court of Civil Appeals in Austin.

After receiving his B.A. degree from the University of Texas in 1895, and graduating from the first class of the University of Texas law school in 1897, McClendon began a law practice in Austin. He was active with the University of Texas Law Association and, in 1916-1917, was Secretary on the Association's Joint Committee on Legal Reform. On October 7, 1919, he was named associate justice on the Texas Supreme Court Commission of Appeals, serving until December 1923. That year, Governor Pat Neff appointed McClendon chief justice of the Court of Civil Appeals for the 3rd Judicial District (Austin), a position he held until retirement in 1949.

McClendon was a committed proponent of judicial reform and court reorganization for the state of Texas, and corresponded with several national organizations, state judicial councils and members of the judiciary to learn more about and advocate these issues. In 1929, McClendon was instrumental in the creation of the Texas Civil Judicial Council (TCJC), and was an esteemed member of that organization beyond his retirement. He served on various TCJC committees, most notably the Committee on Court Reorganization. Additionally, he was the Chairman of the Texas State Bar Association Committee on Administration and Remedial Reform and a member of the Texas State Bar Association Special Committee on the Revision of the Constitution and By-laws. In 1940, the Texas Supreme Court appointed McClendon to an advisory committee to revise the rules of civil procedure and a sub-committee on appellate procedure. Additionally, in 1945, McClendon served on the State Bar Committee on the Improvement of the Administration of Justice.

McClendon also belonged to the American Judicature Society and the American Law Institute, but was most active as a member of the National Conference of Judicial Councils (NCJC) and the American Bar Association (ABA) Section of Judicial Administration. In 1937, McClendon served as Chairman of the Committee on Coordination for the ABA Section of Judicial Administration, the National Conference of Judicial Councils, and the American Judicature Society. In 1939 and 1940, McClendon served as Chairman of the NCJC and Vice-Chairman and Chairman of the ABA Section of Judicial Administration. As chairman of the NCJC, McClendon oversaw the first publications of the Judicial Administration Series.

In 1948, McClendon presided over the landmark case Sweatt v. Painter, in which Heman M. Sweatt, a black postal employee, argued that he was denied entry to the UT law school due to his race. McClendon's decision ruled in favor of the state's "separate but equal" standard for state schools, and was overruled in 1950 by the United States Supreme Court.

McClendon was also a director and a member of the board of editors of the Texas Law Review, a member of the Philosophical Society of Texas (1939), a Mason, Grand Master of the Grand Lodge of Texas (1930), and a member of Town and Gown. He married Anne Hale Watt on December 14, 1904; they had two children. McClendon died in Austin on January 9, 1972, and was buried in the State Cemetery.

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Contents of the Collection

Correspondence, minutes and agenda, legal documents, newspaper clippings, financial documents, reports, maps, and other materials (1910-1967, 10.5 linear feet) illustrate James W. McClendon's involvement in local, state, and national legal organizations and associations. Arranged in three subgroups comprised of Texan Legal Organizations, National Legal Organizations, and Assorted Professional Material, the papers document McClendon's work as chief justice of the Texas Court of Civil Appeals, 3rd District in Austin, as chairman of the National Conference of Judicial Councils, and as a member on committees and sub-committees for the American Bar Association, Texas Civil Judicial Council, American Judicature Society, and other organizations. McClendon sorted his files by organization, and some overlap occurs among the material due to the interaction between different organizations.

Texan Legal Organizations (1910-1964, 5.5 linear ft.) contains five series: I. Texas Civil Judicial Council (1922-1964, 3 linear ft.); II. Texas Court of Civil Appeals (1919-1961, 1 linear ft.); III. Texas State Bar Association (1914-1953, 1 linear ft.); IV. Texas Supreme Court (1918-1951, 0.25 linear ft.) , and; V. University of Texas (1910-1964, 0.25 linear ft.). Series I reveals Judge McClendon’s involvement in the Texas Civil Judicial Council, including its formation, participation in state legal issues such as court reorganization, as well as communication with other states’ judicial councils. The series contains correspondence about the court reorganization and judicial reform movements in Texas, and throughout the United States, along with several drafts of legislation amending Article V of the state constitution. Series II contains case administration from the 3rd judicial district Court of Civil Appeals as well as Appellate Judges Association material that illuminates the operations of the state’s civil appeals courts. Series III documents the State Bar’s activities in regards to judicial salaries and retirement as well as its recommendations for state legislation. Series IV contains Texas Supreme Court material documenting McClendon 's involvement with its Committee on the Rules of Civil Procedure, case administration materials from the Commission of Appeals, and correspondence regarding McClendon's potential appointment to the Supreme Court. Series V contains correspondence with the University of Texas as well as printed material, creative works, and clippings about legal issues, the Law Association, and the Law Review.

National Legal Organizations (1918-1967, 4 linear ft.), contains five series: VI. American Bar Association (1918-1966, 2 linear ft.); VII. American Judicature Society (1928-1967, 0.5 linear ft.); VIII. American Law Institute (1925-1951, 0.25 linear ft.); IX. Institute of Judicial Administration (1954-1967, 0.01 linear ft.), and; X. National Conference of Judicial Councils (1929-1954, 1.5 linear ft.). Series VI contains material documenting McClendon's participation in the American Bar Association (ABA), primarily via the Section of Judicial Administration. Series VII documents McClendon's involvement in the American Judicature Society. Series VIII concerns the American Law Institute. Series IX contains correspondence from the Institute of Judicial Administration regarding meetings, conferences, and administrative matters. Series X illustrates McClendon's involvement with the National Conference of Judicial Councils.

Assorted Professional Material (1926-1966, 1 linear ft.), contains four series: XI. Vanderbilt, Arthur T. (1937-1954, 0.25 linear ft.); XII. Philosophical Society of Texas (1939-1954, 0.15 linear ft.); XIII. Freemasonry (1938-1953, 0.1 linear ft.), and; XIV. Assorted (1926-1966, 0.5 linear ft.). Series XI contains correspondence with, and publications by, Judge Arthur T. Vanderbilt on various legal organizations and professional issues. Series XII contains correspondence and printed material regarding McClendon's involvement with the Philosophical Society of Texas. Series XIII documents McClendon's admittance to and participation with the Masons, including the Scottish Rite and the Grand Lodge of Texas. Series XIV includes correspondence, printed material, handwritten notes, and newspaper clippings about legal issues or McClendon himself.

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Restrictions

Access Restrictions

None.

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Administrative Information

Cite As

James W. McClendon Papers, Tarlton Law Library, University of Texas at Austin.

Acquisition Information

Donated ca. 1959-1960.

Processing History

Processed by Megan Mummey, Laurel Rozema, Bijal Patel and Simon Staats, Fall 2007. Arrangement and finding aid edited by Jennifer Cummings, 2009.

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Detailed Description of the Collection

 

Texas Legal Organizations, 1910-1965

Texas Civil Judicial Council, 1922-1964
General, 1933, 1950-1958
box folder
McClendon 1 1 General, 1933, 1950-1958
Formation, 1922-1933
box folder
McClendon 1 2 Texas Judicial Advisory Committee, 1929
3 Correspondence, 1927-1931
4 Legal Documents and Drafts, circa 1929
5 Reports, circa 1922-1928
6 Creative Works, circa 1929
7 Clippings, 1927-1933
Court Reorganization, 1930-1962
box
McClendon 1 Correspondence,
[2 Folders]
8 1933-1948
9 1933-1948
10 Constitutional Amendments to Article V, circa 1931-1946
box folder
McClendon 2 1 Legal Documents and Drafts, 1941
2 Reports, 1941-1948
3 Clippings, 1933-1936, 1944-1948
4 Printed Material, 1930-circa 1936, 1943-1947, 1962
Non-Texan Printed Material,
[2 Folders]
5 1939-1954
6 1939-1954
Meetings, 1930-1959
box
McClendon 2 Correspondence,
[2 Folders]
7 1930-1934
box folder
McClendon 3 1 1937-1954
Minutes and Agenda,
[3 Folders]
2 1930-1948
3 1951-1959
4 1960-1964
5 Clippings, 1932-1943
Committees, 1930-1963
box
McClendon 3 Correspondence,
[2 Folders]
6 1931-1954
7 1931-1954
box folder
McClendon 4 1 Reports, 1941
2 Financial Documents, 1930-1934, 1940-1947, 1955-1963
3 Administrative Information, 1947-1948, 1963
4 Clippings, Undated
Arbitration Bills and Statutes, 1944-1948
box folder
McClendon 4 5 Correspondence, 1944-1948
6 Legal Documents and Drafts, 1946-1947
7 Clippings, 1946
Adminstrative Procedure Act, 1939-1947
box folder
McClendon 4 8 Correspondence, 1945-1947
9 Reports, 1946
10 Legal Documents and Drafts, 1942, 1944
11 Printed Material, 1939-1946
Legislative Bills, Resolutions, and Statutes, 1929-1959
box folder
McClendon 5 1 General, Undated
Correspondence,
[3 Folders]
2 1929-1939
3 1929-1939
4 1940-1952
5 Legal Documents and Drafts, 1931-1935, 1942, 1950-1959
6 Clippings, 1930-1943
Council Membership, 1929-1960
box folder
McClendon 6 1 Appointments, 1929-1951
2 Administrative Information, 1929-1948, 1960
3 Clippings, 1933-1949
Annual Reports, 1930-1951
box
McClendon 6 Correspondence,
[2 Folders]
4 1930-1939
5 1940-1951
6 Reports, 1941
7 Clippings, 1932-1940
Study of Court Redistricting and Court Administrator, 1948-1963
box folder
McClendon 6 8 Reports, 1948-1963
Non-Texas Judicial Councils, 1930-1948
box folder
McClendon 6 9 Correspondence, 1930-1948
Assorted, 1930-1964
box folder
McClendon 6 10 Correspondence, 1930-1959
11 Printed Material, 1931, 1941-1950
12 Clippings, 1933-1964
box folder
McClendon 7 1 Notes, Undated
Texas Court of Civil Appeals, 1919-1961
General, 1932-1961
box folder
McClendon 7 2 Correspondence, 1932-1941
3 Creative Works, 1961
4 Printed Material, 1944, 1948
5 Clippings, 1948
Appellate Judges Association, 1925-1947
box
McClendon 7 Correspondence,
[3 Folders]
6 1925-1927
7 1927
8 1928-1930, 1947
9 Meeting Minutes and Agenda, 1925-1931
box folder
McClendon 8 1 Reports, 1926
2 Legal Documents and Drafts, 1926-1927
One oversized document removed. Seperation sheet included in folder.
3 Creative Works, 1925-1939
4 Membership, Undated
5 Clippings, 1926-1929
Case Administration, 1919-1949
box
McClendon 8 Third Judicial District Dockets,
[3 Folders]
6 1923-1949
7 1932-1945
8 1932-1940
9 Statewide Case Transfer Files, 1919-1947
One oversized document removed. Seperation sheet included in folder.
Texas State Bar Association, 1914-1965
Committee on Administration and Remedial Reform, 1933-1965
box folder
McClendon 8 10 Correspondence, 1933-1937, 1946
box folder
McClendon 9 1 Reports, 1933
2 Legal Documents and Drafts, 1964-1965
3 Reports, 1933
Special Committee on the Revision of the Constitution and By-Laws, 1930-1934
box folder
McClendon 9 3 Correspondence, 1930-1933
4 Reports, Undated
5 Legal Documents and Drafts, 1931
6 Printed Material, 1931-1934
Judicial Section, 1936-1963
General, 1937-1949
box folder
McClendon 9 7 Correspondence, 1937-1949
Judicial Salaries, 1936-1946
box folder
McClendon 9 8 Correspondence, 1936-1947
9 Reports, 1937
10 Printed Material, 1943-1946
Judicial Retirement, 1947-1963
box folder
McClendon 9 11 Correspondence, 1947-1948
12 Articles, 1947-1948
13 Bills and Resolutions, 1947, 1963
Meetings, 1926-1947
box folder
McClendon 9 14 Correspondence, 1928-1940
15 Programs, 1926-1947
State Bar Act, 1933-1939
box folder
McClendon 9 16 Correspondence, 1934-1939
box folder
McClendon 10 1 Legal Documents and Drafts, Undated
2 Clippings, 1933-1937
3 Reports, Undated
4 Printed Material, 1931-1937
Rule-Making Bill, 1933-1937
box folder
McClendon 10 5 Correspondence, 1933-1937
6 Committee Reports, Undated
7 Legal Documents and Drafts, Undated
Bar Association Representative Government and Organization, 1928-1929
box folder
McClendon 10 8 Correspondence, 1928-1929
9 Resolution, Undated
Committees, 1914-1942
box folder
McClendon 10 10 Correspondence, 1914, 1926, 1936-1942
11 Reports, 1930
Assorted, 1926-1962
box folder
McClendon 10 12 Correspondence, 1926-1948
13 Printed Material, 1929-1953, 1962
14 Clippings, 1926-1939
15 Notes, Undated
Texas Supreme Court, 1918-1965
Texas Rules of Civil Procedure, 1939-1965
box
McClendon 10 Correspondence,
[3 Folders]
16 1939-1945
17 1945-1949
18 1956-1965
box folder
McClendon 11 1 Committeee Report, 1940
2 Legal Documents, 1948-1949
3 Printed Material, 1939-1951
Commission of Appeals, 1918-1923
box folder
McClendon 11 4 Case Administration, 1918-1923
Appointment to the Texas Supreme Court, 1929
box folder
McClendon 11 5 Correspondence, 1929
University of Texas, 1910-1964
General, 1917-1945
box folder
McClendon 11 6 Printed Material, 1917-1945
7 Creative Works, 1945
8 Clippings, Undated
9 Correspondence, 1939
Board of Regents, 1910-1911
box folder
McClendon 11 10 Meeting Minutes, 1910-1911
UT Law Association Judicial Reform Joint Committee, 1916-1918
box folder
McClendon 11 11 Correspondence, 1916-1918
12 Minutes and Agenda, 1916
13 Legal Documents and Drafts, 1916
14 Printed Material, 1917
15 Assorted, 1916-1917
UT Law Review Board of Directors, 1964
box folder
McClendon 11 16 Meeting Minutes, 1964

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National Legal Organizations, 1914-1967

American Bar Association, 1914-1966
General, 1934-1941
box folder
McClendon 12 1 Correspondence, 1934-1941
House of Delegates, 1918-1941
box folder
McClendon 12 2 Correspondence, 1918, 1923, 1938-1941
Section of Judicial Administration, 1930-1947
General, 1941
box folder
McClendon 12 3 General, 1941
Meetings, 1930-1941
box folder
McClendon 12 4 Correspondence, 1930-1941
5 Minutes and Agenda, 1937-1941
Administration, 1935-1941
box
McClendon 10 Correspondence,
[3 Folders]
box folder
McClendon 12 6 1935-1939
7 1940
8 1941
box folder
McClendon 13 1 Financial Documents, 1937-1941
Reports, 1938-1945
box folder
McClendon 13 2 Reports, 1938-1945
Committees, 1935-1947
box folder
McClendon 13 3 Correspondence, 1935-1947
Committee on Coordination, 1935-1944
box folder
McClendon 13 4 General, 1936
5 Correspondence, 1935-1937
6 Committee on Administrative Agencies and Tribunals Report, 1939
7 Committee on Improvements in the Law of Evidence Report, 1938
8 Reports, 1937-1944
Study Material, 1939-1940
box folder
McClendon 14 1 Correspondence, 1939-1940
2 Surveys and Questionnaires, Undated
Assorted, 1935-1963
box folder
McClendon 14 3 Correspondence, 1935-1946, 1963
4 Outline for Handbook of Section Chairman, 1941
5 Printed Material, 1936-1939
6 Clippings, 1937-1938
7 Notes, 1938
Conferences, 1929-1966
box folder
McClendon 14 8 Correspondence, 1930-1940, 1948, 1964-1966
9 Minutes and Agenda, 1936, 1939
10 Deep South Regional Meeting, 1955
Registration Lists,
[2 Folders]
11 1929-1936
12 1937-1940
Programs,
[2 Folders]
13 1930-1937
box folder
McClendon 15 1 1937-1955
2 Entertainment Programs, 1930-1940
3 Menus and Seating Plans, 1929-1951
4 Tickets, 1930-1939
5 Maps, 1935-1936
One oversized document removed. Seperation sheet included in folder.
Committees and Sections, 1914-1945
box folder
McClendon 15 6 Correspondence, 1935-1945
Reports,
[2 Folders]
7 1939-1945
8 1914-1951
Campaigns for ABA President, 1936-1941
box folder
McClendon 16 1 Lawther, Harry, 1936
2 Simmons, David, 1939-1941
Printed Material, 1916-1965
box folder
McClendon 16 3 Lawther, Harry, 1916-1965
American Judicature Society, 1928-1967
General, 1928-1931, 1962
box folder
McClendon 16 4 General, 1928-1931, 1962
Meetings, 1928-1967
box folder
McClendon 16 5 Correspondence, 1928-1967
6 Minutes and Programs, 1928, 1937-1942
Questionnaire on Judicial Councils, 1939
box folder
McClendon 16 7 Reports, 1939
8 Correspondence, 1939
9 Notes, Undated
Publications, 1929-1964
box folder
McClendon 16 10 Correspondence, 1929-1941
11 Reports, 1940-1956
12 Journal of the American Judicature Society, 1930-1931
13 Oyez, 1962, 1964
Membership, 1929-1941
box folder
McClendon 17 1 Correspondence, 1929-1941
2 Nominations, 1939
Texas Civil Judicial Council, 1929-1965
box folder
McClendon 17 3 Correspondence, 1929-1938, 1965
Assorted, 1931-1942
box folder
McClendon 17 4 Correspondence, 1931-1942
5 Notes, Undated
6 Financial Documents, 1935
American Law Institute, 1925-1967
Membership, 1935-1950
box folder
McClendon 17 7 Correspondence, 1935-1950
8 Proposal Forms, Undated
Meetings, 1925-1951
box folder
McClendon 17 9 Correspondence, 1935-1950
10 Programs and Agenda, 1925-1951
Assorted, 1926-1948
box folder
McClendon 17 11 Reports, 1931, 1948
12 Correspondence, 1926-1948
13 Printed Material, 1926, 1930, 1942
14 Notes, Undated
Institute of Judicial Administration, 1954-1967
box folder
McClendon 17 15 Correspondence, 1954-1967
16 Publications, 1962-1963
National Conference of Judicial Councils, 1930-1954
General, 1929-1931
box folder
McClendon 17 17 General, 1931
18 Formation Correspondence, 1929-1930
Conferences, 1930-1954
box
McClendon 18 Reports,
[3 Folders]
1 Correspondence, 1930-1933
2 Correspondence, 1934-1940
3 Correspondence, 1940, 1954
4 Minutes and Agenda, 1931-1939
5 Speeches, 1930-1933
6 Map, 1935-1936
One oversized document removed. Seperation sheet included in folder.
7 Notes, 1930
Membership, 1933-1940
box folder
McClendon 19 1 Correspondence, 1933-1940
2 Member Lists, Undated
Handbook, 1932-1947
box folder
McClendon 19 3 Correspondence, 1932-1947
Questionnaire, 1932, 1939, 1948-1949
box folder
McClendon 19 4 Questionnaire, 1932, 1939, 1948-1949
Judicial Administration Series, 1938-1954
box folder
McClendon 19 5 Correspondence, 1938-1940, 1954
6 Seal Design, 1939
7 Contract, 1939
8 Criminal Appeals in America by Lester B. Orfield- Correspondence, 1938-1940
Organization of Courts by Roscoe Pound,
[2 Folders]
9 Correspondence, 1939-1940
10 Manuscripts, Undated
11 Civil Appellate Procedure by Roscoe Pound- Correspondence, 1940
Traffic Court Study, 1938-1940
box folder
McClendon 19 12 Correspondence, 1938-1939
13 Printed Material, 1940
Judicial Statistics, 1932
box folder
McClendon 19 14 Correspondence, 1932
15 Articles, Undated
Assorted, 1931-1949
box folder
McClendon 19 16 Financial Documents, 1939-1940
box folder
McClendon 20 1 Correspondence, 1933-1940
2 Printed Material, 1931-1949

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Assorted Professional Material, 1926-1966

Vanderbilt, Arthur T., 1945-1953
General, 1945-1953
box folder
McClendon 20 3 Correspondence, 1945-1953
Institute of Judicial Administration, 1945-1953
box folder
McClendon 20 4 Correspondence, 1945-1953
Printed Material,
[3 Folders]
5 1952-1953
6 1937-1951
7 1951-1954
Philosophical Society of Texas, 1939-1954
box folder
McClendon 20 8 Correspondence, 1939-1953
box
McClendon 21 Printed Material,
[2 Folders]
1 1949-1954
2 1942-1954
Masonic Material, 1938-1953
box folder
McClendon 21 3 Correspondence, 1938, 1941
4 Printed Material, 1943-1953
5 Financial Documents, 1941
Assorted, 1926-1966
box folder
McClendon 21 6 Correspondence, 1928, 1938-1941, 1948
Printed Material,
[3 Folders]
7 1926-1955
8 1926-1955
9 1926-1958
10 Ephemera, 1936-1966
11 Notes, Undated
12 Clippings, 1931-1945, 1957

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