Guide to the J. Edwin Smith Papers, 1937-1995

Historical Background

A 1937 graduate of the University of Texas School of Law, J. Edwin Smith began practicing law in the Marshall-Longview area in 1937 in the law firm of Franklin "Soupy" Jones, and in 1942 moved to Houston where he was a general practitioner for close to 50 years. The most notable cases Smith handled included civil rights, criminal defense, torts, and estates, several of which went as far as the supreme courts of Texas and the United States. These cases included Terry v. Adams (1953), where the U.S. Supreme Court ruled in favor of Smith's African-American clients and ordered a stop to the whites-only "Jaybird Primary" in Fort Bend County, Texas; and McClelland v. Texas (1966), where the Supreme Court outlawed a court of inquiry procedure in Texas as a violation of due process. Smith was also active in the liberal wing of the Texas Democratic Party, and was an unsuccessful candidate for the Texas Supreme Court in the 1958 Democratic primary. He frequently contributed articles to the Houston Post and the legal press on the legal profession, civil liberties, and personal reminiscences.

Return to the Table of Contents

Contents of the Collection

Terry v. Adams Files, 1950-1954, 1977-1981 (5 in.), contain briefs, petitions, affidavits, transcripts, slip opinions and other legal records created and gathered by J. Edwin Smith in his capacity as attorney for plaintiffs in Terry v. Adams (345 U.S. 461); news clippings on the case; and speeches by Smith, ephemera, correspondence, and a master's thesis relating to commemorations and historical studies of Terry v. Adams. Legal Briefs, 1937-1990 (2.25 linear ft.) make up the bulk of the collection, and are mainly appellate briefs filed by Smith in Texas and federal appellate courts for a wide variety of cases, including McClelland v. Texas. The General series (1976-1994) includes articles by Smith on a variety of legal, political, and personal topics; legal memoranda Smith wrote for other attorneys; and correspondence containing reminiscences.

Return to the Table of Contents

Return to the Table of Contents

Restrictions

Access Restrictions

None.

Use Restrictions

The collection and any reproductions of the collection are made available for the purposes of private study, scholarship, and research only.

Tarlton Law Library does not hold the copyright to the materials, unless it has been transferred to the library by the creator. It is the researcher's responsibility to determine the copyright status and to obtain permission from the copyright holder before publishing any materials from the collection.

Some collections may contain sensitive or confidential information protected under federal and state privacy laws. The researchers are encouraged to report any such information to staff.

The University of Texas at Austin is not responsible for violations of intellectual property rights and any other laws or for liability to any person for defamation or invasion of privacy that result from unauthorized use of the collection by the researcher.

Return to the Table of Contents

Return to the Table of Contents

Administrative Information

Preferred Citation

J. Edwin Smith Papers, Tarlton Law Library, The University of Texas at Austin.

Acquisition Information

Gift of J. Edwin Smith.

Processing Information

Processing information not available.

Return to the Table of Contents

Detailed Description of the Collection

Return to the Table of Contents

Return to the Table of Contents

Return to the Table of Contents