Theodore Roosevelt Dalton
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Theodore Roosevelt Dalton (July 3, 1901 – October 30, 1989) was a
Virginia Virginia, officially the Commonwealth of Virginia, is a state in the Mid-Atlantic and Southeastern regions of the United States, between the Atlantic Coast and the Appalachian Mountains. The geography and climate of the Commonwealth ar ...
attorney and a
United States district judge The United States district courts are the trial courts of the U.S. federal judiciary. There is one district court for each federal judicial district, which each cover one U.S. state or, in some cases, a portion of a state. Each district cou ...
of the United States District Court for the Western District of Virginia. He was known as Virginia's "Mr. Republican."


Education and career

Born on July 3, 1901, in Carroll County,
Virginia Virginia, officially the Commonwealth of Virginia, is a state in the Mid-Atlantic and Southeastern regions of the United States, between the Atlantic Coast and the Appalachian Mountains. The geography and climate of the Commonwealth ar ...
, Dalton received an Artium Baccalaureus degree in 1924 from the
College of William & Mary The College of William & Mary (officially The College of William and Mary in Virginia, abbreviated as William & Mary, W&M) is a public research university in Williamsburg, Virginia. Founded in 1693 by letters patent issued by King William I ...
and a
Bachelor of Laws Bachelor of Laws ( la, Legum Baccalaureus; LL.B.) is an undergraduate law degree in the United Kingdom and most common law jurisdictions. Bachelor of Laws is also the name of the law degree awarded by universities in the People's Republic of Ch ...
in 1926 from
William & Mary Law School The William & Mary Law School, known historically as the Marshall-Wythe School of Law, is the professional graduate law school of the College of William & Mary. Located in Williamsburg, Virginia, the school is the oldest extant law school in th ...
. He entered private practice in Radford, Virginia from 1926 to 1959. His law partners included
Richard Harding Poff Richard Harding "Dick" Poff (October 19, 1923 – June 27, 2011) was an American politician and judge. He was first elected to the United States House of Representatives in 1952 from Virginia's 6th congressional district. An attorney and a Repub ...
, 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 Clinton Turk, who like Dalton later became a federal judge. He was Commonwealth's Attorney in Radford from 1928 to 1936. He was a member of the Senate of Virginia from 1944 to 1959.


Political career

Dalton won his first Virginia Senate election as a write-in candidate in 1944, and became the leading
Republican Republican can refer to: Political ideology * An advocate of a republic, a type of government that is not a monarchy or dictatorship, and is usually associated with the rule of law. ** Republicanism, the ideology in support of republics or agains ...
in Virginia during his 15 years a member of the Senate of Virginia. Senator Dalton ran unsuccessfully as the
Republican Republican can refer to: Political ideology * An advocate of a republic, a type of government that is not a monarchy or dictatorship, and is usually associated with the rule of law. ** Republicanism, the ideology in support of republics or agains ...
candidate for
Governor of Virginia The governor of the Commonwealth of Virginia serves as the head of government of Virginia for a four-year term. The incumbent, Glenn Youngkin, was sworn in on January 15, 2022. Oath of office On inauguration day, the Governor-elect takes th ...
in 1953 and 1957, in opposition to the fading but still dominant Democratic Byrd Organization led by
United States Senator The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and powe ...
Harry F. Byrd Harry Flood Byrd Sr. (June 10, 1887 – October 20, 1966) was an American newspaper publisher, politician, and leader of the Democratic Party in Virginia for four decades as head of a political faction that became known as the Byrd Organization. ...
. Both times Dalton proposed to abolish 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 Dwight David "Ike" Eisenhower (born David Dwight Eisenhower; ; October 14, 1890 – March 28, 1969) was an American military officer and statesman who served as the 34th president of the United States from 1953 to 1961. During World War II, ...
carried Virginia in the presidential election. In 1953, against
Democrat Democrat, Democrats, or Democratic may refer to: Politics *A proponent of democracy, or democratic government; a form of government involving rule by the people. *A member of a Democratic Party: **Democratic Party (United States) (D) **Democratic ...
Thomas Bahnson Stanley Thomas Bahnson Stanley (July 16, 1890 – July 10, 1970) was an American politician, furniture manufacturer and Holstein (cattle), Holstein cattle breeder. A Democratic Party (United States), Democrat and member of the Byrd Organization, Stan ...
and Independent Howard Carwile, Dalton garnered 45% of the vote. His running mates in that election were both lawyers: Stephen Timberlake of Staunton as the candidate for lieutenant governor and Walter Edward Hoffman of
Norfolk Norfolk () is a ceremonial and non-metropolitan county in East Anglia in England. It borders Lincolnshire to the north-west, Cambridgeshire to the west and south-west, and Suffolk to the south. Its northern and eastern boundaries are the No ...
(another future federal judge) for Attorney General. Public finance for transportation proved a crucial issue, 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." School desegregation seemed the major issue in the 1957 election (in the wake of the 1954 and 1955 decisions in ''
Brown v. Board of Education ''Brown v. Board of Education of Topeka'', 347 U.S. 483 (1954), was a landmark decision by the U.S. Supreme Court, which ruled that U.S. state laws establishing racial segregation in public schools are unconstitutional, even if the segrega ...
''), and Dalton lost badly to Democrat J. Lindsay Almond By 1956, Byrd Democrats including Almond had responded with " Massive Resistance", vowing to close schools to avoid integration. Passage of the Civil Rights Act of 1957 and efforts by the federal government to enforce desegregation in
Little Rock Central High School Little Rock Central High School (LRCHS) is an accredited comprehensive public high school in Little Rock, Arkansas, United States. The school was the site of forced desegregation in 1957 after the U.S. Supreme Court ruled that segregation by ...
were used against Republicans, and led to the widened margin of defeat for Dalton in his second statewide campaign. Dalton had criticized the ''Brown'' decisions, and proposed a pupil placement plan that would allow most schools to remain segregated "for maybe a hundred years." He also wrote to President
Eisenhower Dwight David "Ike" Eisenhower (born David Dwight Eisenhower; ; October 14, 1890 – March 28, 1969) was an American military officer and statesman who served as the 34th president of the United States from 1953 to 1961. During World War II, ...
, urging withdrawal of the troops from
Little Rock ( The "Little Rock") , government_type = Council-manager , leader_title = Mayor , leader_name = Frank Scott Jr. , leader_party = D , leader_title2 = Council , leader_name2 ...
,
Arkansas Arkansas ( ) is a landlocked state in the South Central United States. It is bordered by Missouri to the north, Tennessee and Mississippi to the east, Louisiana to the south, and Texas and Oklahoma to the west. Its name is from the O ...
. Nonetheless, Dalton managed just 36.5% of the vote. When Senator Byrd announced retirement plans in 1958, Senator Dalton cast the only vote in the General Assembly against a resolution urging Byrd to run again, which Byrd did. Governor
Mills E. Godwin Jr. Mills Edwin Godwin Jr. (November 19, 1914January 30, 1999) was an American politician who was the List of governors of Virginia, 60th and 62nd governor of Virginia for two non-consecutive terms, from 1966 to 1970 and from 1974 to 1978. In his f ...
selected Dalton to serve on the Virginia Commission for Constitutional Revision, the efforts of which led to the Virginia Constitution of 1971.
Lewis F. Powell Jr. Lewis Franklin Powell Jr. (September 19, 1907 – August 25, 1998) was an American lawyer and jurist who served as an Associate Justice of the Supreme Court of the United States from 1972 to 1987. Born in Suffolk, Virginia, he graduat ...
, Oliver Hill, former governors Albertis Harrison and
Colgate Darden Colgate Whitehead Darden Jr. (February 11, 1897 – June 9, 1981) was an American lawyer and Democratic politician aligned with the Byrd Organization who served as U.S. Representative from Virginia (1933–37, 1939–41), the 54th Governor of ...
also served on that commission.


Federal judicial service

Dalton was nominated by President
Dwight D. Eisenhower Dwight David "Ike" Eisenhower (born David Dwight Eisenhower; ; October 14, 1890 – March 28, 1969) was an American military officer and statesman who served as the 34th president of the United States from 1953 to 1961. During World War II, ...
on July 21, 1959, to a seat on the United States District Court for the Western District of Virginia vacated by Judge John Paul Jr. He was confirmed by the
United States Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and pow ...
on August 12, 1959, and received his commission on August 13, 1959. He served as Chief Judge from 1960 to 1971. He assumed
senior status Senior status is a form of semi- retirement for United States federal judges. To qualify, a judge in the federal court system must be at least 65 years old, and the sum of the judge's age and years of service as a federal judge must be at leas ...
on October 12, 1976. President Gerald Ford nominated Glen Morgan Williams as Dalton's successor, after Senator
William L. Scott William Lloyd Scott (July 1, 1915February 14, 1997) was an American Republican politician from the Commonwealth of Virginia. He served in both the United States House of Representatives and United States Senate. He was the first Republican elec ...
derailed the nomination of the President's first choice. Dalton's service terminated on October 30, 1989, due to his death in Radford.


Notable cases

Along with his colleagues, Dalton as federal judge presided over litigation that continued into the 1970s to implement the Brown decision in Virginia's public schools. Dalton ordered the desegregation plan for the public schools in Roanoke, Virginia, which ultimately led to the conversion of the Lucy Addison High School (for African Americans) into a desegregated middle school. 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.


Family

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 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 The governor of the Commonwealth of Virginia serves as the head of government of Virginia for a four-year term. The incumbent, Glenn Youngkin, was sworn in on January 15, 2022. Oath of office On inauguration day, the Governor-elect takes th ...
in 1977. Their next-door neighbor in Radford was
Charlotte Giesen Charlotte Milton Caldwell Giesen (January 27, 1907 – January 28, 1995) (nicknamed "Pinkie") was a Virginia politician and news editor. A lifelong resident of Radford, Virginia, she served in the Virginia House of Delegates from 1958 to 1961, be ...
, who became the first Republican woman elected to the House of Delegates in 1957.


Honors

In 1968, Dalton was selected as an honorary member of the
Order of the Coif The Order of the Coif is an honor society for United States law school graduates. The name is a reference to the ancient English order of advocates, the serjeants-at-law, whose courtroom attire included a coif—a white lawn or silk skullcap, whi ...
of the law school of
Washington and Lee University , mottoeng = "Not Unmindful of the Future" , established = , type = Private liberal arts university , academic_affiliations = , endowment = $2.092 billion (2021) , president = William C. Dudley , provost = Lena Hill , city = Lexington ...
. Dalton also received an honorary doctorate of laws degree from the College of William & Mary in 1972.


Death and legacy

Dalton died at Radford Community Hospital of complications from
pneumonia Pneumonia is an inflammatory condition of the lung primarily affecting the small air sacs known as alveoli. Symptoms typically include some combination of productive or dry cough, chest pain, fever, and difficulty breathing. The severi ...
. He outlived his son, John Dalton, by some three years. Dalton's former law clerks included Glen E. Conrad, who in 2003 succeeded United States District Judge Glen Williams on the United States District Court for the Western District of Virginia, but whose nomination to the
United States Court of Appeals for the Fourth Circuit The United States Court of Appeals for the Fourth Circuit (in case citations, 4th Cir.) is a federal court located in Richmond, Virginia, with appellate jurisdiction over the district courts in the following districts: * District of Maryland ...
lapsed at the end of the term of President
George W. Bush George Walker Bush (born July 6, 1946) is an American politician who served as the 43rd president of the United States from 2001 to 2009. A member of the Republican Party, Bush family, and son of the 41st president George H. W. Bush, he ...
. Dalton's personal papers are held by the Special Collections Research Center at the
College of William & Mary The College of William & Mary (officially The College of William and Mary in Virginia, abbreviated as William & Mary, W&M) is a public research university in Williamsburg, Virginia. Founded in 1693 by letters patent issued by King William I ...
.


References


External links


Ted Dalton, 88, Dies; Retired Federal Judge
''
New York Times ''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid ...
'' obituary, November 2, 1989
Theodore Roosevelt Dalton
– Brief biography on Television News of the Civil Rights Era website *
College of William & Mary, Swem Library, Inventory of the Ted Dalton Papers 1933–1978, 1952–1959
* * {{DEFAULTSORT:Dalton, Theodore Roosevelt 1901 births 1989 deaths College of William & Mary alumni County and city Commonwealth's Attorneys in Virginia Republican Party Virginia state senators Judges of the United States District Court for the Western District of Virginia United States district court judges appointed by Dwight D. Eisenhower 20th-century American judges William & Mary Law School alumni People from Carroll County, Virginia People from Radford, Virginia 20th-century American politicians