Theodore Roosevelt Dalton

Infobox Judge
name = Ted Dalton
office2 = Judge of United States District Court for the Western District of Virginia
termstart2 = 1959
termend2 = 1989
nominator2 = Dwight Eisenhower
predecessor2 = John Paul, Jr.
successor2 = Glen M. Williams
birthdate = June 3, 1901
birthplace = Carroll County, Virginia
deathdate = October 30, 1989
deathplace = Radford, Virginia

Theodore Roosevelt Dalton (June 3, 1901– October 30, 1989) American lawyer,judge and politician known as "Ted" and as Virginia's "Mr. Republican".

Family

Ted Dalton was born in Carroll County, Virginia 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 [cite web|url=http://worldconnect.genealogy.rootsweb.com/cgi-bin/igm.cgi?op=GET&db=bcrouch4746&id=I06190|title= CROUCH-SUMMERS-WELCH-WOMBLES-KISTLER-ARNDT:|publisher=RootsWeb's WorldConnect Project|accessmonthday=January 26 |accessyear=2008] 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.

Education

Dalton pursued both his undergraduate and law studies at the College of William and Mary 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. [cite web|url=http://registrar.wlu.edu/honors/coif.htm#honorary|title=Honorary members, Order of the Coif|publisher=Washington & Lee University|accessmonthday=January 27 |accessyear=2008] Judge Dalton also received an honorary doctorate of laws degree from the College of William & Mary in 1972. [cite web|url=http://scrc.swem.wm.edu/wiki/index.php/Honorary_degree_recipients|title=Honorary degree recipients - Special Collections Research Center Wiki|publisher=The College of William & Mary, Swem Library|accessmonthday=January 26 |accessyear=2008]

A collection of Dalton's papers is housed at William & Mary's Earl Gregg Swem Library.

Political career

Dalton practiced law for over 33 years in Radford, Virginia, 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 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." [cite book
last = Atkinson
first = Frank
title = The Dynamic Dominion: Realignment and the Rise of Two-Party Competition in Virginia, 1945-1980
publisher = Rowman & Littlefield (accessed via Google Books)
date = 2006
isbn = 0742552098]

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." [cite web|url=http://www.time.com/time/magazine/article/0,9171,937925-1,00.html|title= Time Magazine, Monday, Oct. 21, 1957|publisher=Time|accessmonthday=January 26|accessyear=2008] 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. [cite web|url=http://www.eisenhowermemorial.org/presidential-papers/second-term/documents/379.cfm|title= Eisenhower Presidential Papers, Doc#379 to Ted Dalton|publisher=Dwight D. Eisenhower Memorial Commission|accessmonthday=January 26|accessyear=2008]

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. [cite book
last = Atkinson
first = Frank
title = The Dynamic Dominion: Realignment and the Rise of Two-Party Competition in Virginia, 1945-1980
publisher = Rowman & Littlefield (accessed via Google Books)
date = 2006
isbn = 0742552098]

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. [cite web|url=http://128.143.28.141/html/alumni/uvalawyer/sp04/howard_ae.htm|title= Virginia's Constitutional Experience Touches the World|publisher=University of Virginia|accessmonthday=January 27|accessyear=2008]

Judgeship

President Eisenhower 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. [Green v. School Bd. of City of Roanoke, 330 F. Supp. 674 (W.D. Va. 1971).]

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. [Burruss v. Wilkerson, 310 F. Supp. 572 (W.D. Va. 1969).]

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. [cite book
last = Goldman
first = Sheldon
title = Picking Federal Judges: Lower Court Selection from Roosevelt through Reagan
publisher = Yale University Press (accessed via Google Books)
date = 1997
isbn = 0300080735] 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.

Notes and references

External links

* [http://query.nytimes.com/gst/fullpage.html?res=950DE3DA103AF931A35752C1A96F948260 Ted Dalton, 88, Dies; Retired Federal Judge] , "New York Times" obituary, November 2, 1989
* [http://www.vcdh.virginia.edu/civilrightstv/glossary/people-069.html Theodore Roosevelt Dalton] - Brief biography on Television News of the Civil Rights Era website
* [http://www.fjc.gov/servlet/tGetInfo?jid=554 Federal Judicial Center, biographical listing for Ted Dalton]
* [http://swem.wm.edu/ead/display.cfm?file=viw00037.xml College of William & Mary, Swem Library, Inventory of the Ted Dalton Papers 1933-1978, 1952-1959]