Theodore Roosevelt Dalton
Encyclopedia
Theodore Roosevelt Dalton (June 3, 1901– October 30, 1989) American lawyer,
judge and politician known as "Ted" and as Virginia
's "Mr. Republican".
to parents Currell Dalton (November 4, 1866 – November 29, 1919) and Loduska Vernon Martin (December 10, 1869 – 1920). His wife, Mary Turner, died September 1988. Dalton's grandmother Clarissa Goad Dalton (August 18, 1841 - February 28, 1907) was related to Dexter Goad (November 5, 1867 - July 1, 1939), the Republican clerk of court in Carroll County at the time of the courthouse shootings following the conviction of Floyd Allen
in March 1912.
Dalton's nephew
, John Nichols Dalton, whom he had adopted as his son, was elected as a Republican as Governor of Virginia
in 1977.
in Williamsburg, Virginia
, receiving an A.B. in 1924 and an LL.B. 1926.
In 1968, Judge Dalton was selected as an honorary member of the Order of the Coif
of the law school of Washington and Lee University
. Judge Dalton also received an honorary doctorate of laws degree from the College of William & Mary in 1972.
A collection of Dalton's papers is housed at William & Mary's Earl Gregg Swem Library
.
, beginning in 1926. His law partners included Richard Poff
, and in later years both Poff and Dalton were mentioned as potential nominees to the Supreme Court of the United States
. Dalton also worked with James C. Turk, who like Dalton later became a federal judge.
In addition to his private practice, Dalton was elected as Commonwealth's Attorney
, serving from 1928 to 1936. Dalton won his first Senate election as a write-in candidate in 1944, and became the leading Republican
in Virginia during his 15 years a member of the Senate of Virginia
. Senator Dalton ran unsuccessfully as the Republican
candidate for Governor of Virginia
in 1953 and 1957, in opposition to the fading but still dominant Democratic
Byrd Organization
led by Harry F. Byrd
. Both times Dalton advocated abolishment of the poll tax
.
Dalton's first campaign was the high point of what appeared to be a new era for the Republican Party in Virginia. In the federal elections of 1952, three Virginia Republicans including Dalton's old law partner Poff were elected to Congress, and Dwight D. Eisenhower
carried Virginia in the presidential election. In 1953, against Democrat
Thomas Bahnson Stanley
and Independent Howard Carwile
, Dalton garnered 45% of the vote. His running mates in that election were Staunton
lawyer Stephen Timberlake as the candidate for lieutenant governor and Norfolk
lawyer Walter E. Hoffman for Attorney General
. The decisive issue in the campaign was public finance for transportation, as Senator Byrd took back his promise to his friend Dalton not to intervene, after Dalton proposed road bonds at odds with Byrd's doctrine of "pay as you go."
In 1957, when the singular issue was school desegregation, Dalton managed just 36.5% of the vote against Democrat J. Lindsay Almond, Jr.. The Supreme Court
issued its Brown v. Board of Education
decision in 1954, to which the Byrd Democrats responded with their strategy of "Massive Resistance
." In his public statements, Dalton was critical of the Brown decision, but proposed a pupil placement plan that would allow most schools to remain segregated "for maybe a hundred years." The passage of the Civil Rights Act of 1957
and efforts by the federal government to enforce desegregation in Little Rock Central High School were used against Republicans and led to the widened margin of defeat for Dalton in his second statewide campaign. Dalton wrote to President Eisenhower
, urging the withdrawal of the troops from Little Rock, Arkansas
.
When Senator Byrd
announced his retirement plans in 1958, Senator Dalton cast the only vote in the General Assembly against a resolution urging Byrd to run again.
Along with Lewis F. Powell, Jr., Oliver Hill
, former governors Albertis Harrison and Colgate Darden
, Dalton was chosen by Governor Mills E. Godwin, Jr. to serve on the Virginia Commission for Constitutional Revision, the efforts of which led to the Virginia Constitution of 1971
.
nominated Dalton to a seat on the United States District Court for the Western District of Virginia
, which he assumed on July 21, 1959, succeeding John Paul, Jr. Along with his colleagues, Judge Dalton as federal judge presided over litigation that continued into the 1970s to implement the Brown decision in Virginia's public schools. Judge Dalton ordered the desegregation plan for the public schools in Roanoke, Virginia
.
Judge Dalton served on the three-judge panel in a case rejecting a constitutional challenge to Virginia's method of distributing state money for education to the various school districts across the state.
Judge Dalton took senior status
in 1976. President Gerald Ford
nominated Glen M. Williams as Dalton's successor, after Senator William L. Scott
derailed the nomination of the President's first choice. As a senior judge, Judge Dalton continued to be a force on the bench for many years, famously making use of his personality, knowledge, and vast sphere of acquaintances to push civil cases to agreed resolutions. Dalton's former law clerks include Glen E. Conrad, who was nominated to the United States District Court for the Western District of Virginia
by President George W. Bush
in 2003.
Judge Dalton died at Radford Community Hospital of complications from pneumonia. He outlived his son, John Dalton, by some three years. His personal papers are held by the Special Collections Research Center at the College of William & Mary.
judge and politician known as "Ted" and as Virginia
Virginia
The Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there...
's "Mr. Republican".
Family
Ted Dalton was born in Carroll County, VirginiaCarroll County, Virginia
As of the census of 2000, there were 29,245 people, 12,186 households, and 8,786 families residing in the county. The population density was 61 people per square mile . There were 14,680 housing units at an average density of 31 per square mile...
to parents Currell Dalton (November 4, 1866 – November 29, 1919) and Loduska Vernon Martin (December 10, 1869 – 1920). His wife, Mary Turner, died September 1988. Dalton's grandmother Clarissa Goad Dalton (August 18, 1841 - February 28, 1907) was related to Dexter Goad (November 5, 1867 - July 1, 1939), the Republican clerk of court in Carroll County at the time of the courthouse shootings following the conviction of Floyd Allen
Floyd Allen
Floyd Allen was an American landowner and patriarch of the Allen clan of Carroll County, Virginia. He was convicted and executed for murder in 1913 after a sensational courthouse shootout that left a judge, prosecutor, sheriff, and two others dead, although doubt has been expressed about the...
in March 1912.
Dalton's nephew
Nephew
Nephew is a son of one's sibling or sibling-in-law, and niece is a daughter of one's sibling or a sibling-in-law. Sons and daughters of siblings-in-law are also informally referred to as nephews and nieces respectively, even though there is no blood relation...
, John Nichols Dalton, whom he had adopted as his son, was elected as a Republican as Governor of Virginia
Governor of Virginia
The governor of Virginia serves as the chief executive of the Commonwealth of Virginia for a four-year term. The position is currently held by Republican Bob McDonnell, who was inaugurated on January 16, 2010, as the 71st governor of Virginia....
in 1977.
Education
Dalton pursued both his undergraduate and law studies at the College of William and MaryCollege of William and Mary
The College of William & Mary in Virginia is a public research university located in Williamsburg, Virginia, United States...
in Williamsburg, Virginia
Williamsburg, Virginia
Williamsburg is an independent city located on the Virginia Peninsula in the Hampton Roads metropolitan area of Virginia, USA. As of the 2010 Census, the city had an estimated population of 14,068. It is bordered by James City County and York County, and is an independent city...
, receiving an A.B. in 1924 and an LL.B. 1926.
In 1968, Judge Dalton was selected as an honorary member of the Order of the Coif
Order of the Coif
The Order of the Coif is an honor society for United States law school graduates. A student at an American law school who earns a Juris Doctor degree and graduates in the top 10 percent of his or her class is eligible for membership if the student's law school has a chapter of the...
of the law school of Washington and Lee University
Washington and Lee University
Washington and Lee University is a private liberal arts college in Lexington, Virginia, United States.The classical school from which Washington and Lee descended was established in 1749 as Augusta Academy, about north of its present location. In 1776 it was renamed Liberty Hall in a burst of...
. Judge Dalton also received an honorary doctorate of laws degree from the College of William & Mary in 1972.
A collection of Dalton's papers is housed at William & Mary's Earl Gregg Swem Library
Earl Gregg Swem Library
The Earl Gregg Swem Library is located on Landrum Drive at the College of William and Mary in Williamsburg, Virginia, United States. The library is named for Earl Gregg Swem, College Librarian from 1920-1944. In 2008, the Princeton Review rated William & Mary's library system as the eighth best in...
.
Political career
Dalton practiced law for over 33 years in Radford, VirginiaRadford, Virginia
Radford is a city in Virginia, United States. The population was 16,408 in 2010. For statistical purposes, the Bureau of Economic Analysis combines the city of Radford with neighboring Montgomery County, including the towns of Blacksburg and Christiansburg, calling the combination the...
, beginning in 1926. His law partners included Richard Poff
Richard Harding Poff
Richard Harding Poff was an American politician and judge. He was first elected to the United States House of Representatives in 1952, representing Virginia's Sixth District...
, and in later years both Poff and Dalton were mentioned as potential nominees to the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
. Dalton also worked with James C. Turk, who like Dalton later became a federal judge.
In addition to his private practice, Dalton was elected as Commonwealth's Attorney
Commonwealth's Attorney
Commonwealth's Attorney is the title given to the elected prosecutor of felony crimes in Kentucky and Virginia. Other states refer to similar prosecutors as District Attorney or State's Attorney....
, serving from 1928 to 1936. Dalton won his first Senate election as a write-in candidate in 1944, and became the leading Republican
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
in Virginia during his 15 years a member of the Senate of Virginia
Senate of Virginia
The Senate of Virginia is the upper house of the Virginia General Assembly. The Senate is composed of 40 Senators representing an equal number of single-member constituent districts. The Senate is presided over by the Lieutenant Governor of Virginia...
. Senator Dalton ran unsuccessfully as the Republican
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
candidate for Governor of Virginia
Governor of Virginia
The governor of Virginia serves as the chief executive of the Commonwealth of Virginia for a four-year term. The position is currently held by Republican Bob McDonnell, who was inaugurated on January 16, 2010, as the 71st governor of Virginia....
in 1953 and 1957, in opposition to the fading but still dominant Democratic
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
Byrd Organization
Byrd Organization
The Byrd Organization was a political machine led by former Governor and U.S. Senator Harry F. Byrd, Sr. that dominated Virginia politics for much of the middle portion of the 20th century...
led by Harry F. Byrd
Harry F. Byrd
Harry Flood Byrd, Sr. of Berryville in Clarke County, Virginia, was an American newspaper publisher, farmer and politician. He was a descendant of one of the First Families of Virginia...
. Both times Dalton advocated abolishment of the poll tax
Poll tax
A poll tax is a tax of a portioned, fixed amount per individual in accordance with the census . When a corvée is commuted for cash payment, in effect it becomes a poll tax...
.
Dalton's first campaign was the high point of what appeared to be a new era for the Republican Party in Virginia. In the federal elections of 1952, three Virginia Republicans including Dalton's old law partner Poff were elected to Congress, and Dwight D. Eisenhower
Dwight D. Eisenhower
Dwight David "Ike" Eisenhower was the 34th President of the United States, from 1953 until 1961. He was a five-star general in the United States Army...
carried Virginia in the presidential election. In 1953, against Democrat
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
Thomas Bahnson Stanley
Thomas Bahnson Stanley
Thomas Bahnson Stanley was an American politician, manufacturer and Holstein cattle breeder.-Early life:...
and Independent Howard Carwile
Howard Carwile
Howard Hearnes Carwile was an American lawyer and politician.-Family:Howard Carwile was born in Charlotte County, Virginia, to parents Willis Early Carwile...
, Dalton garnered 45% of the vote. His running mates in that election were Staunton
Staunton, Virginia
Staunton is an independent city within the confines of Augusta County in the commonwealth of Virginia. The population was 23,746 as of 2010. It is the county seat of Augusta County....
lawyer Stephen Timberlake as the candidate for lieutenant governor and Norfolk
Norfolk, Virginia
Norfolk is an independent city in the Commonwealth of Virginia in the United States. With a population of 242,803 as of the 2010 Census, it is Virginia's second-largest city behind neighboring Virginia Beach....
lawyer Walter E. Hoffman for Attorney General
Attorney General of Virginia
The Attorney General of Virginia is an executive office in the Government of Virginia. Attorneys General are elected for a four-year term in the year following a presidential election . There are no term limits restricting the number of terms someone can serve as Attorney General...
. The decisive issue in the campaign was public finance for transportation, as Senator Byrd took back his promise to his friend Dalton not to intervene, after Dalton proposed road bonds at odds with Byrd's doctrine of "pay as you go."
In 1957, when the singular issue was school desegregation, Dalton managed just 36.5% of the vote against Democrat J. Lindsay Almond, Jr.. The Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
issued its Brown v. Board of Education
Brown v. Board of Education
Brown v. Board of Education of Topeka, 347 U.S. 483 , was a landmark decision of the United States Supreme Court that declared state laws establishing separate public schools for black and white students unconstitutional. The decision overturned the Plessy v. Ferguson decision of 1896 which...
decision in 1954, to which the Byrd Democrats responded with their strategy of "Massive Resistance
Massive resistance
Massive resistance was a policy declared by U.S. Senator Harry F. Byrd, Sr. on February 24, 1956, to unite other white politicians and leaders in Virginia in a campaign of new state laws and policies to prevent public school desegregation after the Brown v. Board of Education Supreme Court decision...
." In his public statements, Dalton was critical of the Brown decision, but proposed a pupil placement plan that would allow most schools to remain segregated "for maybe a hundred years." The passage of the Civil Rights Act of 1957
Civil Rights Act of 1957
The Civil Rights Act of 1957, , primarily a voting rights bill, was the first civil rights legislation enacted by Congress in the United States since Reconstruction following the American Civil War.Following the historic US Supreme Court ruling in Brown v...
and efforts by the federal government to enforce desegregation in Little Rock Central High School were used against Republicans and led to the widened margin of defeat for Dalton in his second statewide campaign. Dalton wrote to President Eisenhower
Dwight D. Eisenhower
Dwight David "Ike" Eisenhower was the 34th President of the United States, from 1953 until 1961. He was a five-star general in the United States Army...
, urging the withdrawal of the troops from Little Rock, Arkansas
Little Rock, Arkansas
Little Rock is the capital and the largest city of the U.S. state of Arkansas. The Metropolitan Statistical Area had a population of 699,757 people in the 2010 census...
.
When Senator Byrd
Harry F. Byrd
Harry Flood Byrd, Sr. of Berryville in Clarke County, Virginia, was an American newspaper publisher, farmer and politician. He was a descendant of one of the First Families of Virginia...
announced his retirement plans in 1958, Senator Dalton cast the only vote in the General Assembly against a resolution urging Byrd to run again.
Along with Lewis F. Powell, Jr., Oliver Hill
Oliver Hill
Oliver White Hill, Sr. was a civil rights attorney from Richmond, Virginia. His work against racial discrimination helped end the doctrine of "separate but equal." He also helped win landmark legal decisions involving equality in pay for black teachers, access to school buses, voting rights, jury...
, former governors Albertis Harrison and Colgate Darden
Colgate Darden
Colgate Whitehead Darden, Jr. was a Democratic Congressman from Virginia , the 54th Governor of Virginia , Chancellor of the College of William and Mary and the third President of the University of Virginia...
, Dalton was chosen by Governor Mills E. Godwin, Jr. to serve on the Virginia Commission for Constitutional Revision, the efforts of which led to the Virginia Constitution of 1971
Constitution of Virginia
The Constitution of the Commonwealth of Virginia is the document that defines and limits the powers of the state government and the basic rights of the citizens of the U.S. Commonwealth of Virginia. Like all other state constitutions, it is supreme over Virginia's laws and acts of government,...
.
Judgeship
President EisenhowerDwight D. Eisenhower
Dwight David "Ike" Eisenhower was the 34th President of the United States, from 1953 until 1961. He was a five-star general in the United States Army...
nominated Dalton to a seat on the United States District Court for the Western District of Virginia
United States District Court for the Western District of Virginia
The United States District Court for the Western District of Virginia is a United States district court.Appeals from the Western District of Virginia are taken to the United States Court of Appeals for the Fourth Circuit The United States District Court for the Western District of Virginia (in...
, which he assumed on July 21, 1959, succeeding John Paul, Jr. Along with his colleagues, Judge Dalton as federal judge presided over litigation that continued into the 1970s to implement the Brown decision in Virginia's public schools. Judge Dalton ordered the desegregation plan for the public schools in Roanoke, Virginia
Roanoke, Virginia
Roanoke is an independent city in the Mid-Atlantic U.S. state of Virginia and is the tenth-largest city in the Commonwealth. It is located in the Roanoke Valley of the Roanoke Region of Virginia. The population within the city limits was 97,032 as of 2010...
.
Judge Dalton served on the three-judge panel in a case rejecting a constitutional challenge to Virginia's method of distributing state money for education to the various school districts across the state.
Judge Dalton took senior status
Senior status
Senior status is a form of semi-retirement for United States federal judges, and judges in some state court systems. After federal judges have reached a certain combination of age and years of service on the federal courts, they are allowed to assume senior status...
in 1976. President Gerald Ford
Gerald Ford
Gerald Rudolph "Jerry" Ford, Jr. was the 38th President of the United States, serving from 1974 to 1977, and the 40th Vice President of the United States serving from 1973 to 1974...
nominated Glen M. Williams as Dalton's successor, after Senator William L. Scott
William L. Scott
William Lloyd Scott was a Republican politician from Virginia.Scott was born in Williamsburg, Virginia. He received a law degree from George Washington University, and was employed by the federal government 1934–1961, principally as trial attorney with Department of Justice...
derailed the nomination of the President's first choice. As a senior judge, Judge Dalton continued to be a force on the bench for many years, famously making use of his personality, knowledge, and vast sphere of acquaintances to push civil cases to agreed resolutions. Dalton's former law clerks include Glen E. Conrad, who was nominated to the United States District Court for the Western District of Virginia
United States District Court for the Western District of Virginia
The United States District Court for the Western District of Virginia is a United States district court.Appeals from the Western District of Virginia are taken to the United States Court of Appeals for the Fourth Circuit The United States District Court for the Western District of Virginia (in...
by President George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
in 2003.
Judge Dalton died at Radford Community Hospital of complications from pneumonia. He outlived his son, John Dalton, by some three years. His personal papers are held by the Special Collections Research Center at the College of William & Mary.
External links
- Ted Dalton, 88, Dies; Retired Federal Judge, New York Times obituary, November 2, 1989
- Theodore Roosevelt Dalton - Brief biography on Television News of the Civil Rights Era website