Price Daniel

Price Daniel
Associate Justice of the Texas Supreme Court
In office January 1, 1971 – December 31, 1978
Appointed by	Preston Smith
Preceded by	Clyde Smith
Succeeded by	Franklin Spears
Director of the Office of Emergency Preparedness
In office October 9, 1967 – January 20, 1969
President	Lyndon B. Johnson
Preceded by	C. Farris Bryant
Succeeded by	George Lincoln
38th Governor of Texas
In office January 15, 1957 – January 15, 1963
Lieutenant	Ben Ramsey
Preceded by	Allan Shivers
Succeeded by	John Connally
United States Senator from Texas
In office January 3, 1953 – January 14, 1957
Preceded by	Tom Connally
Succeeded by	William A. Blakley
39th Attorney General of Texas
In office January 21, 1947 – January 1, 1953
Governor	Beauford H. Jester Allan Shivers
Preceded by	Grover Sellers
Succeeded by	John Ben Shepperd
Speaker of the Texas House of Representatives
In office January 12, 1943 – January 9, 1945
Preceded by	Homer Leonard
Succeeded by	Claud Gilmer
Member of the Texas House of Representatives from the 14th district
In office January 10, 1939 – January 9, 1945
Preceded by	Alfred Roark
Succeeded by	David Read
Personal details
Born	Marion Price Daniel (1910-10-10)October 10, 1910 Dayton, Texas, U.S.
Died	August 25, 1988(1988-08-25) (aged 77) Liberty, Texas, U.S.
Political party	Democratic
Spouse	Jean Houston Baldwin
Children	4, including Price Jr.
Relatives	William Partlow Daniel (brother)
Education	Baylor University (BA, LLB)
Military service
Allegiance	United States
Branch/service	United States Army  United States Marine Corps
Years of service	1943–1946
Rank	Second Lieutenant
Battles/wars	World War II
Known as the Office of Emergency Planning until October 21, 1968.

Marion Price Daniel Sr. (October 10, 1910 – August 25, 1988), was an American jurist and politician who served as a Democratic U.S. Senator and the 38th governor of Texas. He was appointed by President Lyndon B. Johnson to be a member of the National Security Council, Director of the Office of Emergency Preparedness, and Assistant to the President for Federal-State Relations. Daniel also served as Associate Justice of the Texas Supreme Court.

Marion Price Daniel Sr (properly^{[according to whom?]} Marion Price Daniel II) was born October 10, 1910, in Dayton, Texas, to Marion Price Daniel Sr (1882–1937) and Nannie Blanch Partlow (1886–1955), in Liberty Texas. He was the eldest child.^[1] Sister Ellen Virginia Daniel was born in 1912, and brother William Partlow Daniel in 1915. Price, as he was commonly known, was married to Jean Houston Baldwin, great-great-granddaughter of legendary Texas figure Sam Houston. As a teenager Daniel was a reporter for the Fort Worth Star-Telegram. He put himself through law school at Baylor University by working as a janitor and dishwasher and by working at the Waco News Tribune.^[2] He received his degree from Baylor in 1932. After graduation he established his own practice in Liberty County and often accepted livestock and acreage for his fees.^[3]

In 1938, he was elected to the Texas House of Representatives. He was subsequently re-elected twice, serving in the 46th, 47th, and 48th legislature from January 10, 1939, until January 9, 1945.^[4] Daniel opposed Texas adopting a sales tax.

He served on these committees during the 46th legislature (January 10 – June 21, 1939):^[5] judiciary; oil, gas, and mining; privileges, suffrage, and elections (vice chair); and public lands and buildings.

He served on these committees during the 47th legislature (January 14 – July 3, 1941, and September 9–19, 1941):^[5] judiciary; privileges, suffrage, and elections; public lands and buildings (vice chair); and revenue and taxation.

He was elected as Speaker of the House for the 48th legislature (January 12 – May 11, 1943).^[2][5]

When the legislature adjourned in May 1943, Daniel waived his draft exemption^[6] and enlisted in the United States Army, serving in the Security Intelligence Corps. In this capacity, he saw service in Amarillo, Texas, Pine Bluff, Arkansas, and Baton Rouge, Louisiana. He received his Second Lieutenant commission in 1944 after training at the Judge Advocate General Officers School in Ann Arbor, Michigan, afterwards becoming an instructor at the Army School for Personnel Services in Lexington, Virginia.

The Army shared Daniel with the United States Marine Corps in 1945, the latter sending him to Sasebo, Nagasaki, Japan to set up a Marine Personnel School. He received "outstanding authority" citations from both branches of service, and was discharged in May 1946.

Price returned to Texas after his military service and won the seat of Texas Attorney General.^[7]

As Texas State Attorney General, he argued the 1946 submerged lands ownership lawsuit United States v. California, 332 U.S. 19^[8] before the Supreme Court of the United States in 1947, on behalf of the coastal states. The Supreme Court decided against California on June 23, 1947.

Daniel defended the University of Texas law school in the 1950 Sweatt v. Painter^[9] desegregation case. Herman Marion Sweatt, a black student, was denied admission to the University of Texas Law School in February 1946. Sweatt had met all the requirements, except that Texas schools were segregated by law. The Supreme Court of the United States ruled in June, 1950, Sweatt must be allowed admission.

In 1952, Daniel was elected to the United States Senate. He was immediately taken under the wing of Senate Minority Leader Lyndon B. Johnson,^[6] with the senior senator helping to alleviate office space shortage by allowing Daniel's staff to work out of LBJ's office.

Daniel held positions on committees^[6] of the Interior; Interstate and Foreign Commerce; Post Office and Civil Service; and Judiciary, as well as Judiciary subcommittees on Internal Security and Juvenile Delinquency.

The new senator worked on a narcotics probe and reforming the electoral college.

Opposed to desegregation efforts, Senator Price Daniel joined 19 other senators and 77 members of the United States House of Representatives in signing the 1956 Southern Manifesto,^[10] which condemned the 1954 United States Supreme Court decision in Brown v. Board of Education,^[11] and encouraged states to resist implementing it. The Supreme Court's 1958 Cooper v. Aaron^[12] decision held that the states were bound to uphold the previous decision on desegregation.

The most long-lasting accomplishment^[13] of Price Daniel was in helping to retain Texas title to the submerged lands, and mineral rights therein, off the coast. The victory has netted billions of dollars for Texas schools. Texas viewed this issue as of primary importance during the 1952 campaign. Eisenhower supported state ownership, while Adlai Stevenson stood in opposition. The state of Texas, including many prominent state Democratic party leaders, went with Eisenhower who won the state of Texas^[14] in the election.

The Tidelands^[15] controversy was over who owned the rights to 2,440,650 acres (9,877.0 km²) of submerged land in the Gulf of Mexico between low tide and the state's Gulfward boundary three leagues (10.35 miles) from shore. Texas acquired the rights as a republic, and later reserved the rights when it entered the Union in 1845. The Texas legislature authorized the School Land Board to execute the mineral leases on behalf of the Permanent School Fund.

Among coastal states, the Federal government claimed ownership when oil was discovered on the lands.^[15] The first lawsuit, United States v. California, 332 U.S. 19,^[8] was filed by the Federal government against California in 1946. The attorneys general of all other states filed an amicus curiae brief in opposition. Price Daniel Sr., as Texas State Attorney General, argued the case before the Supreme Court of the United States on March 13–14, 1947, on behalf of all the other states. In 1947, the Supreme Court decided against California on June 23, 1947.

Congress presented a 1952 bill confirming states' ownership, which was vetoed by President Harry Truman.^[16] In that same year, Presidential candidate General Dwight D. Eisenhower stated his belief that the Annexation Agreement of Texas gave the rights to Texas. Candidate Adlai Stevenson announced he would veto any bill out of Congress guaranteeing the rights to Texas. The Texas state Democratic convention passed a resolution urging all its members to vote for Eisenhower.

In 1953, then Senator Price Daniel ^[17] was one of 35 co-sponsors to the Florida Senator Spessard Holland-authored Senate Joint Resolution 13 restoring the right of the submerged lands to the coastal states.^[6] Daniel, together with Lyndon Johnson, Spessard Holland and Senate Majority Leader Robert A. Taft worked tirelessly to overcome the 27-day filibuster of the bill, with it passing the Senate 56-35 votes, and approved by the House of Representatives on May 13. President Eisenhower signed the bill into law on May 22, 1953.

Senator Daniel was elected governor in 1956. Thereafter, Daniel's chief Democratic rival Ralph Yarborough went on to succeed Daniel after a temporary appointee, William A. Blakley of Dallas, in the Senate in a special election held in 1957.

As governor, Daniel saw legislative fruition of his proposals to reorganize of the State Board of Insurance,^[6] passage of an ethics code for lawmakers and other state employees, regulation of lobbyists, an improved structure for state archives, and a long-range water conservation plan.

Daniel was re-elected governor in 1958 by a 7–1 margin over the Republican Edwin S. Mayer (1896–1963), a San Angelo sheep and goats owner who was twice a delegate for Dwight D. Eisenhower at the 1952 and 1956 Republican National Conventions. In 1960, Mayer was the only delegate at the national convention who abstained on the nomination of former U.S. Senator Henry Cabot Lodge Jr., of Massachusetts as Richard Nixon's running mate.^[18]

In 1960, Daniel won renomination over Jack Cox, an oil equipment executive from Houston. Daniel received 1,637,755 votes (72.8 percent) to Republican William M. Steger of Tyler, who obtained 612,963 ballots (27.2 percent).

In 1961, the legislature passed a 2-cent sales tax,^[19] which Daniel allowed to become law without his signature^[20] so the state would remain solvent. After the passage of the sales tax, Daniel's popularity waned, and he failed at his attempt to be elected to a fourth term in 1962. He lost the Democratic nomination to former Navy Secretary John B. Connally Jr.

President Johnson later appointed Daniel to head the Office of Emergency Preparedness. In 1971, Governor Preston Smith named Daniel to the 9-member Texas Supreme Court, filling a vacancy left by the retirement of Clyde E. Smith. He was re-elected twice in 1972 and 1978, and retired at the end of his second term.^[3]

After retiring from the Texas Supreme Court, he served as pro-bono legal council for the Alabama-Coushatta Indians. As their counsel, he was instrumental in the 1965 creation of the Texas Commission for Indian Affairs (TCIA), 59th Legislature, House Bill 1096.^[21] On April 5, 1967, the Texas Legislature passed House Concurrent Resolution No. 83 recognizing Daniel for his contributions to the tribe and to the creation of the TCIA.^[22]

Marion Price Daniel Sr. is also known as Marion Price Daniel Jr. and as Marion Price Daniel II, because his father, Marion Price Daniel Sr. (1882–1937) was the first generation with the name. Daniel II married the former Jean Houston Baldwin on June 28, 1940. Their son publicly known as Price Daniel Jr. is properly Marion Price Daniel III. The couple also had three other children: Jean Houston Murph, Houston Lee, and John Baldwin.

Governor Daniel died of a stroke on August 25, 1988, and is interred at the family ranch in Liberty County.^[23] His wife died December 14, 2002, and is buried with him.^[24]

• Price Daniel Sr. State Office Building, Austin, is part of the Texas State Capitol Complex^[25][26]
• Price Daniel Distinguished Public Service Award, Baylor Alumni Association^[27]

The Jean and Price Daniel Home and Archives^[28] came under full ownership of the State of Texas in October 1998. Governor and Mrs. Daniel began construction on the Greek Revival style 7,318-square-foot (679.9 m²) Liberty, Texas house in 1982, with an official opening in 1984. It was patterned after the governor's mansion in Austin designed by architect Abner Cook. The Daniels donated the home and 10 acres (40,000 m²) of land, reserving a lifetime interest, to the Texas State Library Archives. The home is the repository of the library, archives, furniture, and mementos that document the Daniels' lives and years of public service.

It is maintained and funded by the Atascosito Historical Society and located on the grounds of the Sam Houston Regional Library and Research Center, a part of the Archives and Information Services Division of the Texas State Library and Archives Commission. Located 3 miles (4.8 km) north of Liberty on FM 1011, the center is open Monday through Friday, 8 AM to 5 pm and Saturday 9 AM to 4 pm. Admission is free. Tours are available by appointment; group tours must be arranged two weeks in advance.

Price Daniel was a member^[29] of the following organizations:

• American Legion
• Benevolent and Protective Order of Elks
• Freemasons
• Pi Kappa Delta
• Rotary International
• Shriners
• Sigma Delta Chi
• Woodmen of the World
• Veterans of Foreign Wars

• McQueary, Carl (2003). Dining at the Governor's Mansion. TAMU Press. ISBN 978-1-58544-254-6.
• Murph, Dan (2002). Texas Giant: The Life of Price Daniel. Eakin Press. ISBN 978-1-57168-571-1.
• Daniel, Price; Daniel, Jean Houston; Blodgett, Dorothy (1984). Texas Governor's Mansion. Texas State Library and Archives Commission. ISBN 978-0-938368-01-4.

Wikisource has original text related to this article:

United States v. California (332 U.S. 19)/Opinion of the Court

• The Jean and Price Daniel House and Archives
• Marion Price Daniel Sr. from the Handbook of Texas Online
• Historic photographs of Price Daniel, hosted by the Portal to Texas History
• Governor's Message to the 56th legislature., hosted by the Portal to Texas History
• A film clip "Longines Chronoscope with Price Daniel (February 4, 1952)" is available for viewing at the Internet Archive

• United States Congress. "Price Daniel (id: D000036)". Biographical Directory of the United States Congress.