IN THE CIRCUIT COURT FOR MONTGOMERY COUNTY, MARYLAND
M E M O R I A L S E R V I C E
W. Perry Doing, Esquire Charles C. Futterer, Esquire
Monday, February 6, 1967
Before the Full Bench:
The Hon. Kathryn J. Shook, Presiding
The Hon. James J. Pugh
The Hon. Ralph G. Shure
The Hon. Walter H. Moorman
The Hon. Joseph M. Mathias
The Hon. Plummer M. Shearin
The Hon. John P. Moore
The Hon. Irving A. Levine
P R O G R A M
Presiding: Chief Judge Kathryn J. Shook
Introduction: Stanley R. Jacobs, Esquire
Comments: Robert S. Bourbon, Esquire
Speakers on the late Perry Doing, Esquire
Thomas A. Lohm, Esquire
Robert S. Bourbon, Esquire
Thomas M. Anderson, Esquire
Respondong for the Court: The Hon. John P. Moore, Judge.
Speakers on the late Charles C. Futterer, Esquire
Alger Y. Barbee, Esquire
Leonard T. Kardy, Esquire
James S. McAuliffe, Esquire
Responding for the Court: The Hon. James H. Pugh, Judge
P R O C E E D I N G S
Judge Shook. Good morning, ladies and gentlemen.
The Court has convened this morning for the purpose of conducting a memorial service for two of our members of the Bar who departed this life in the year of 1966.
The Court will recognize Stanley R. Jacobs, Esquire, member of the Montgomery County Bar Association. Mr. Jacobs.
Mr. Jacobs. Thank you, Your Honor.
May it please the Court, Your Honors, relatives, friends: being the Historian of the Montgomery County Bar Association, I have been asked to serve as chairman of the committee to memorialize the names of the deceased members of the Bar Association during the past year. During 1966 we had pass from our midst two esteemed members of the Bar, being Perry Doing and Charles Futterer.
It seems quite fitting that this memorial service be held now in the very place where we heard these esteemed members of the Bar on many occasions.
I should like to call upon certain individuals, who are members of the Montgomery County Bar Association, to honor their names. I should like first to call upon Robert S. Bourbon, Esquire, who is the president of the Montgomery County Bar Association.
Judge Shook. Mr. Bourbon.
Mr. Bourbon. May it please the Court: It is my sad duty as president of the Bar Association of Montgomery County to suggest to the Court the passing of two of our brothers at the Bar, Charles C. Futterer, Esquire, on June 16, 1966; and W. Perry Doing, Esquire, on February 18, 1966.
Present with us today are the widows, the parents and the families of Mr. Futterer and Mr. Doing, and we are pleased to have them join with us in this ceremony.
Both of these men were possessed of great talents; they were scarcely close to the prime of life; the memory of them will sustain us, and their places among us will not be filled again.
I should like to recite to this assembled group Henry Wadsworth Longfellow’s “ A Psalm of Life,” because I believe it has a message for us on this occasion:
Tell me not, in mournful numbers,
Life is but an empty dream!
For the soul is dead that slumbers,
And things are not what they seem.
Life is real: Life is earnest!
And the grave is not its goal;
Dust thou art, to dust returnest,
Was not spoken of the soul.
Not enjoyment, and not sorrow,
Is our destined end or way;
But to act, that each to-morrow
Finds us farther than to-day.
Art is long, and Time is fleeting,
And our hearts, though stout and brave
Still, like muffled drums, are beating
Funeral marches to the grave.
In the world’s broad field of battle,
In the bivouac of Life,
Be not like dumb, driven cattle!
Be a hero in the strife!
Trust no Future, howe’er pleasant!
Let the dead Past bury its dead!
Act, --act in the living Present!
Heart within, and God o’erhead!
Lives of great men all around remind us
We can make our lives sublime,
And departing, leave behind us
Footprints on the sands of time;--
Footprints, that perhaps another
Sailing o’er life’s solemn main,
A forlorn and shipwrecked brother,
Seeing, shall take heart again.
Let us, then, be up and doing,
With a heart for any fate;
Still achieving, still pursuing
Learn to labor and to wait.
Wordsworth has said: “The best portion of a good man’s life is little, nameless, unremembered acts of kindness and of love.” We are here to speak of such acts of these men and the contribution they have made to the life of the law during the time we were privileged to know them.
Mr. Jacobs. I would like to call upon Thomas Lohm, Esquire.
Judge Shook. Mr. Lohm.
Mr. Lohm. Mayit please the Court, the Honorable Judges of this Bench; the family and friends and fellow members of the Bar:
W. Perry Doing, lawyer and member of the Maryland House of Delegates, died on February 18, 1966, as a result of injuries sustained in an automobile accident. He was known among his brother lawyers, family and friends as “Perry.”
Mr. Doing was born in Washington, D. C., on March 3, 1921; graduated from Western High School and Columbus University; received his law degreee in 1942.
Mr. Doing enlisted during World War II and rose to First Lieutenant in the Military Police. He served 29 months in the European Theater, where he saw combat during the Battle of the Bulge. He was awarded a Certificate of Appreciation by the City of Antwerp. His military service was continued in the National Guard, and at the timeof his death he had attended the rank of Lieutenant Colonel.
He was admitted to the Bar of the District of Columbia and the State of Maryland, and admitted to practice before the United States Military Court of Appeals and the United States Supreme Court. He engaged in the general practice of law with offices in Wheaton until the time of his death. During his 19 years at the Bar, Perry enjoyed an enviable and distinctive reputation among his brother lawyers and was liked and respected by all.
He was elected to the Maryland House of Delegates in November, 1962, where he served with distinction and was honored by being elected Minority Whip.
He was the first president of the Reciprocity Club of Silver Spring, past Commander of Wheaton Post #268 of the American Legion, Director of the Boys Club of Silver Spring, 32nd degree Mason, and vice president of Wheaton Lions Club. He was a member of the Montgomery County Bar Association.
We will remember Perry as a conscientious and competent lawyer, effective legislator, one who never had an unkind thought or word for any person: kind, compassionate, one whose untimely departure is a loss to the people of Maryland.
He is survived by his wife, Barbara M. Doing; his three sons, Michael P. Doing, DeForest R. Doing and Ronald C. Doing; his daughter, Patricia C. Doing, children of his marriage to Kathleen M. Doing, his mother, Gladys E. Endictott; his brother, Clayton E. Doing – all of Montgomery County, Maryland.
Respectfully submitted by the Bar Association of Montgomery County, and we request that it be spread upon the minutes of this honorable court. Thank you.
Mr. Jacobs. At this time I would like to call again on Robert S. Bourbon, Esquire.
Mr. Bourbon. May it please the Corut, at the risk of speaking too much on this occasion, I should like to say a few words to the memory of W. Perry Doing, Esquire.
I had had some contact with Perry earlier in my practice, but had not come to know him well until he became Commander of the Wheaton Amercian Legion Post. I was his adjutant and succeeded him as Commander when he resigned in 1958 to trun for the House of Delegates, to which he was later elected.
I found him a man of great equanimity, and possessing an unruffled manner under all types of pressure and circumstances. He had a genuine sense of humor. I never heard him make a cutting or unkind remark about any other person, an attribute to which few of us can lay claim.
Perry was kindly and generous, and may the records of this court reflect the sorrow of this particular member of the Bar at his passing.
Mr. Jacobs. I should like to call upon Thomas M. Anderson, Jr.
Judge Shook. Senator Anderson.
Senator Anderson. With the Court’s permission; ladies and gentlemen.
I think I first met Petty in 1958, when we both campaigned for the House of Delegates – unsuccessfully that year – but our friendship increased, and of course in 1962 we were both honored to be elected to that body, which Petty served in of course until his premature death.
I think if there is anything to be said about Perry that summarizes him best to us all, and it certainly does to me, it is Perry’s kindness and interest in people. He was really probably the nicest person I ever met. As Bob has said, he never did have a mean word for anyone. This kindness and interest in people I think can be exemplified in two ways: one, in the type of legislation that he was successful in enacting in Annapolis, and also in the number of friends that he had.
His legislation ranged in many different ways. The major legislation that he was successful in achieving was that legislation that I think has proved to be so useful to us over these past several years; that is, making it a felony to abuse a child. It is a terrible thing to beat up a child; Perry saw that this got in the law, making it a felony, because he was very much concerned with children.
Perry was a real family man. He had a fine family, and he was deeply devoted and dedicated to them.
His legislation went in other directions.
He had a subtle, kind sense of humor. I can remember a resolution commemorating the Maryland crabcake. Talking like Senator Beall at that time, Perry defended the crabcake in the Senate of the United States.
He had a warm sense of history of Maryland – a Maryland man. He was one of those who got the resolution through setting up the Commission to Preserve St. Mary’s City, that very fine historical area down in St. Marys County. He was a good friend of all the people of Southern Maryland, because he was kind and considerate. He was just so aware, in a way. I mean, no one would dislike Perry.
The other way it was exemplified was in the number of friends Perry had in Annapolis. He was a real friend of everyone there. Although we were Republicans and in the minority, Perry probably of all of the people in our delegation was the most successful in getting legislation through. I can still remember him going over, for example, to the Senate, to the Judicial Proceedings Committee, whose hearings are very majestic and profound. Senator Malkus now is spokesman; Senator Malkus presided. Perry Doing would go in and take a seat on the side. Senator Malkus would put his head down, and look up and see him – and Senator Malkus ran his committee with an iron hand – finally he would see Perry, and he would say, “Perry, what can I do for you, Son?”
He would say: “Senator, I just have a little bill here and it really doesn’t do anything at all, but if you could see your way to getting it through?” And Perry could get that right through the committee, and that is more than most senators and delegates could do.
So in a way I think Perry’s legacy to us is in our memory of the warmth of his personality, so sympathetic that we could all model ourselves on him, because life is not an easy thing to live. We become hard boiled, and that is sad, because we are to some extent separated from others, perhaps because we are suspicious of other people or because we feel we have to, to protect ourselves.
But when we see the way that Perry opened up so closely, and could do so much with his warmth and interest and kindness, I think it really is an inspiration for us.
Thank you very much.
Judge Shook. Judge John P. Moore will respond fore the Court. Judge Moore.
Judge Moore. With Senator Anderson and Senator Gore, who is present today, and James McAuliffe who is also present and others, I was privileged to be one of the ten members of the House of Delegates at the last delegation of the General Assembly, which of course included our late friend, Perry Doing, about whom Tom Anderson has spoken so appropriately.
Shortly after his untimely passing I was moved to write a few words about Perry and about the ceremony, which Publisher William Prescott Allen published in his local paper. I beg your leave to read from that tribute at this time. It says:
“The passing of our colleague, W. Perry Doing, cast a pall over the House of Delegates last Friday. When the invocation was pronounced, heads were bowed in reverence and in grief. The majority leader in somber tones moved that the entire calendar be made a special order of business for the following Monday, and that the House adjourn forthwith, in Perry’s memory. The gavel of the Speaker fell, and the chamber emptied, the members moving silently and sadly from the State House.
“Perry Doing was unassuming; he was quiet, courteous and kind. His untimely death made one think of the prayerful words: ‘We shall pass this way but once. Any good thing we can do, any kindness we can show, let us do it now, for we shall not pass this way again.’
“Surely this was his philosophy of life, never expressed by him in words but demonstrated always by his
deeds. His genlteness and compassion, his cheerful and unpretentious dedication as legislator, lawyer, husband and father, won him the respect and affection and admiration of all who were privileged to know him.
“The entire leadership of the House of Delegates was present at the memorial service last Monday at Grace Episcopal Church in Silver Spring. The Chief Executive was represented by the Secretary of State. Delegates from every county in Maryland, including especially the Eastern Shore, to whom he was much beloved, and from the city of Baltimore were present to pay him homage. The press corps from the State House was there. The long motorcade from Silver Spring to Arlington National Cemetery, where he was laid to rest with highest military honors as lieutenant colonel in the Army Reserve, was a further dramatic tribute to a man who could never inflict pain and who was always ready to listen and to help.
“On Monday evening Chairman James Miller of the Montgomery County delegation presented a House resolution reciting his many accomplishments and expressing the sympathy of the House to his four grief-stricken children, his mother and his surviving spouse and to his entire family. The membership arose and stood in silence when Chairman Miller moved the immediate adoption of the resolution.
“Our late colleage was above all a gentleman. We will miss him, but we share the confidence reflected in the countenance of his pastor, Rev. Herbert Lang, at the conclusion of the ceremony, that Perry Doing has passed on to the reward of eternal light and peace.
“He was truly one of God’s noblemen.”