STATE BAR OF TEXAS
GOVERNOR BILL AND VARA DANIEL
CENTER FOR LEGAL HISTORY
Liberty Law Office
January 9, 2001
The Honorable Rick Perry
Governor of Texas
Governor’s Mansion
Austin, Texas 78711
Re: The Flagrant Abrogation and Removal of Texas Citizens’ Proud Memorial for Confederate Veterans with their own unused Pension Funds as mandated by Texas Legislation and a Constitutional Amendment a
half-century ago under
“The Representative Bill Daniel Plan.”
Dear friend, Governor Rick:
For purposes of the record, I am Governor Bill Daniel, an 85-year old, actively-practicing trial Lawyer for 63 years, as well as being in the Land, Oil and Ranching businesses, of Liberty, Texas.
After WWII U.S. Army service and being Prosecuting Attorney for Liberty County and the State of Texas over a half-century ago, I served unopposed for three terms in the Texas Legislature. During those six years, our
gracious Lord allowed me the special privilege of initiating and working continually as the author of the lengthy Legislation and eventual Constitutional Amendment by which both the Legislators and the voters of Texas not
only allowed, but mandated, the transfer of unused monies from the Confederate Veterans’ Pension Fund, to build the Texas Supreme Court Building (and later the construction, but not as memorials, of several other State
Office Buildings). Such was specifically done as an appropriate Memorial to those Veterans and our proud heritage all in accordance with “The Representative Bill Daniel Plan” as fruitioned repeatedly in the 1949-1954 Texas
Legislative sessions and subsequent Constitutional Amendment.
This letter is written to respectfully request and humbly justify that those Memorial Plaques honoring the Confederate Veterans and our historic heritage, which were summarily and
clandestinely removed last year, be restored to their rightful place of honor in the Texas Supreme Court Building.
Indeed, I was profoundly perturbed when told those near-sacred Memorial Plaques, after being reverently enjoyed there for 42 years, had been surreptitiously taken down hurriedly during the night as an
expedient favor and appeasement to a few African-American “trade-out” politicians. Recently, I was pleased an humbled to be requested by several of our mutual friends to personally appear as an advocate (and join them as a
Lawyer in the trial of the pending case should that become necessary) to present you the true historical facts and complete background behind these testimonials. In addition, to express their feelings and mine of resentment
about this secret, unilateral removal…
Surely there’s bound to be a misunderstanding, or at least a lack of understanding, by some uninformed persons to bring on this grave travesty. I am now anxious and honored to explain with this
transcript the unique distinction and very justifiable singularity of this memorial. I pray it will set straight the half-century old record and help restore peace and contentment to those mistaken offenders and all our
wonderful people of Texas!!
To start with, when I first moved my pretty wife, Miss Vara, and Family to Austin to begin serving in the Texas Legislature in 1949, there were no State Office Buildings whatsoever besides the
Capitol. Previously, while arguing my own Law cases before the Supreme Court, starting in 1938, I became quite aware that our venerable Capitol Building (66 years old in 1949) had become intolerably and embarrassingly
overcrowded.
I was shocked and despaired with what I found!! There were only two elevators, and one toilet per floor for each men and women. Several newer state agencies were continually being crowded into the
building. I personally viewed ad counted 147 plywood partitions thrown up throughout the Capitol to create and separate various new, makeshift offices.
As an example, the Attorney General, who at that time was my own former Law partner and Brother, Governor Price Daniel II, had 67 lawyers "stuffed” into a small, open area called "the bullpen."
Members of the House of Representatives had no offices at all, having to “make do” with their secretaries seated next to them on the floor of the Legislative chambers and doing their typing in the crowded back hallways.
Our Esteemed Supreme Court and its all-important Library, their briefing clerks and secretaries were crammed into small spaces on three separate floors that were disgracefully inadequate
for a country Law office, much less the dignified, highest Court of the great Lone Star State of Texas. Also, several hundred thousands of tax dollars, which was a substantial sum in those days, were spent yearly on office
rent for old houses and other inefficient space (so scattered over Austin, it required my “wearing out boot leather” walking 190 blocks, or about 10 miles, to locate and visit each one) as the overflow would not fit in the
Capitol…
This gross and glaring neglect began to haunt me… because of this desperate need for more room, better sanitation, additional elevators, saving rent, etc., to say nothing of Pride, I quietly
initiated what some of the media and lobbyists soon began to call a “one-man, protracted campaign” for constructing a brand new Supreme Court Building, State Archives and other State Office Buildings, very shortly
after coming to the Legislature in 1949…
Meanwhile, the ranks of our beloved Confederate Veterans had dwindled to only a handful throughout the South. By 1953 Texas had only one: General Walter Washington Williams, who would live
another six years becoming at 117 years of age, the last veterans of the North or South to die. A small number of Confederate widows were alive, and the vast sum of money accumulated in the Texas Confederate Pension Fund by
the ever-grateful, patriotic taxpaying Citizens of Texas was far more than enough to provide benefits to them and to General Williams. It was then that I learned the unused excess might could be made available for other
purposes. Although this became common knowledge in the Legislative halls, there was one “hitch” in it that caused most “seekers,” including myself at first, to shy around it as hereinafter explained.
…Therein I was my best, most practical, potential opportunity and route to get a fine new building for the Supreme Court of Texas, as well as a State Archives Repository and other State office
buildings. Besides that, It would be all free to the Citizenry taxpayers, provided I could be successful in “converting” this somewhat idle and unneeded Confederate Pension Fund into a State Building Fund.
Regrettably, that necessarily introduced a new “obstacle” in my battle, which I did not relish, but soon decided to gladly accept the challenge to achieve my six-year goal. Here was the “hitch”: In
addition to my own Legislative Bill having to be passed again for the third time, the adoption of a State Constitutional Amendment by the Citizens of Texas would be necessary! And I knew Texans were historically
reluctant about ever voting for any change to our revered Constitution, regardless of the subject or the need. When in doubt, “Scratch them all!”…
…it came very natural for me to exalt, honor and glorify the Texas Confederates’ bravery, loyalty and sacrifices. Also, I instinctly, inherently and proudly believed the Supreme Court Building (and
other State buildings later erected though my Legislation and Constitutional Amendment efforts) would be a beautiful memorial and legacy for our golden heritage and these Texans of all colors and origins who served the
Confederacy. Therefore, these memorial plaques, clearly like their graveyard tombstones, were simply to remember, recognize and memorialize our own Texas Heritage and dead heroes. You might say, sort of on the same order
and simple purpose like the African-Americans are with their “Black Heritage Month.” That’s all! It was then, and it is now, just that reverent and important to us!…
…I and others spent much of that year before the November 1954 election, making “stump” speeches, radio appeals (we had no TV to use) and church, school and other campaign speeches all “across Texas”
for its adoption. As one of our best selling points, we promised the voting citizenry, whose plurality were either children of Texas Confederates, or in some way predominantly related and vitally interested in this
relevant cause within our Heritage, that the first building (being the Supreme Court) would be a dignified memorial to their beloved Confederate Veterans.
…In good faith, the voters relied on our offer and commitment to dignify and memorialize their proud heritage as sufficient “consideration” and appealing incentive to vote favorably and fervently work
for its passage. It was like a legal “contract”! We “offered” and the citizenry “accepted”! Since they paid the taxes out of overt love and respect in the first place, they very logically had the
plurality right to say how and where the remainder should now go into furthering their original intent to honor and memorialize their heroes.
The many State historical organizations, Texas State Bar Association, members of the Legislature, and others hereinafter named, heartily agreed and promoted the same thing, all legally and in broad
open daylight with nothing to hide! Finally on Tuesday night, 11/2/1954, one of my life’s most blissful nirvanas came into fruition when I learned over the radio our Constitutional Amendment No. 4 had passed. It could
not have been done more legal, forthright, plain and simple than that!
Thus, the resulting Memorial Plaques were rightly included, mandated and relied upon by the Statewide citizenry (at the voting box) to be placed in the Supreme Court Building to honor our
heritage and those Texans who died or served Texas from 1861 to 1865, just like others did for their loved ones up North. No difference! Without any doubt, the agreed “consideration” of our "Memorial Promise”
in exchange for giving up their own Pension Fund struck a favorable cord and was relied upon in “good faith” as a viable “contract” with the Citizen-voters and, as such, brought final fruition to our six-year fervent
goal…
You see, Governor Rick, my most devout and totally innocent intent, and that of the legislature and the voting Citizenry of Texas, was to appropriately and bilaterally accomplish two good deeds for
Texas in this one action: (1) All Texans would get a much-needed Supreme Court Building, and later other fine, new buildings, “Free” and (2) Texas would also be memorializing their beloved Confederate Servicemen
and women of All colors and creeds with “their very own leftover pension funds.
What possibly could be wrong or racially questionable about that? Absolutely nothing! No Mexicans, Catholics, Jews, Blacks, Women nor and other minorities have ever complained about our
memorially honoring our dead loved ones and our own historic heritage. Indeed, this current discord has conclusively been orchestrated only by a few self-serving politically motivated antagonists…
Therefore, once my Building Legislation passed for the third time, our supporters, to get it approved in the three-term “fight,” accepted the challenge and started to work on the mammoth,
nearly-impossible task of creating public awareness, empathy, approval, support and financial backing to pass our Constitutional Amendment at the polls. It would not be easy! Many times, in both of these battles for (1)
Legislative approval and (2) adoption of the necessary Constitutional Amendment, I was told over and again, “It cannot be done!” Our dreams, though, were popular, practical, tax-free and well-received by the voters
of Texas, including all races, ages, minorities and ethnic groups. As I recall, very few or hardly any respectable citizens opposed it. Certainly, there was no racial or ethnic question, discussion or opposition!
The United Daughters of the Confederacy and Sons of Confederate Veterans promptly responded to my solicitation of their support and joined us unanimously and wholeheartedly. So did the
Daughters of the American Revolution, Sons of the Republic of Texas, Daughters of the Republic of Texas and countless others in supporting both my Legislation and Constitutional Amendment. After I was requested and
did address the 1954 State Bar of Texas’ General Session in San Antonio, all the Lawyers, including African-American Lawyers and families, in Texas unanimously threw their support behind passage of my third
Supreme Court Building bill, as well as the Constitutional Amendment…
…[A] the November election in 1954, the people of Texas also generously passed my long-sought, intrepid dream and Constitutional Amendment. Several leading organizations and prominent individuals
joined up for the successful passage of this Constitutional Amendment. I wouldn’t be true to my heart not to mention one beloved friend (and next to my precious wife, Miss Vara, our most loyal, generous and brilliant
supporter), the late Supreme Court Justice St. John Garwood. He faithfully encouraged and backed me openly and relentlessly for the last year or so and all the way to final victory. Plus several others who strongly “got on
the bandwagon” near the campaign’s very popular conclusion; that is, but only with the Constitutional Amendment…
Right here, Governor Rick, I would respectfully offer to make an humble suggestion. When the Memorial Plaques have been returned to their proper place in the Supreme Court Building, I fervently
recommend the placement of an additional Plaque with a thorough introduction and appropriate explanation of the full background concerning them! As I long ago suggested, this should have been done in the beginning! I
believe this “Explanation Plaque” would acquaint and fully inform the public in detail of the admirable circumstances and uncontroversial purpose the Memorial Plaques served and do serve; the six-year necessary legislative
battles to justify and construct the enthusiastic acceptance of the Constitutional Amendment by individuals of all origins, races and creeds. All of whom, including African-Americans worked to accomplish the completely
credible purposes of (1) honoring our rich heritage and all of our Confederate Texans, (2) erecting a fine, free Supreme Court Building and (3) creating the dynamic past, present and future State Building Funds and General
Services Commission.
With your permission and request, Governor Perry, I herewith respectfully offer and will be privileged to write, or help write, this amicable plaque. I now also offer and would be honored to pay the
costs for such production and installation, should this meet with your Honor’s approval and that of the Honorable Members of the General Services Commission and the Texas Preservation Committee…
These Commemorative Plaques were appropriately installed as faithfully promised and mandated, memorializing all of our heroes equally, not just for one race and color (as borne not just for one
race or color (as borne out by the enclosed copy of the individual Texas State Historical Marker for the good African-American Confederate soldier, Primus Kelly), and all in accordance with my original plans and
commitments…
Therefore and additionally, as the current Chairman of the State Bar of Texas’ History and Traditions Committee (over 70,000 members) for the past 18 years, and as the Founder and current
President of the prestigious Texas Bar Historical Foundation for the past 15 years, I once again respectfully and humbly beseech you to restore those loving Plaques concerning our sacred heritage! Failure to
do so would be an abrogation of the subject Constitutional Amendment, as well as a breach of faith against countless combat heroes (plus their Families) and the voting Citizenry of Texas, who are no longer here to defend
themselves, their pride, promises and their votes. It would also preempt, nullify, repudiate, revoke and “thumb our noses” at our proud, true history and heritage; at our elected Legislature; at our official ballot
boxes; and our long-established and much-cherished Constitutional form of Government…
It does appear to me that someone may have acted just a little precipitously in summarily allowing the removal of those revered Memorial Plaques without first conducting a public hearing thereon or
learning the complete history surrounding them. Or possibly consulting others, even myself who authored and worked laboriously for those six long years to effectuate this noble, patriotic and statesmanship tribute to our
own historic heritage and countless thousands of deceased Texas Veterans, of all origins, many of whom died for us Southerners and their Families, all as promised and mandated by the electorate voters of Texas nearly
one-half century ago…
Incidentally, it is my humble interpretation of our Laws and Constitution that the Executive branch cannot unilaterally abrogate those six “battle-scarred” years of struggling decisions and
Laws made by the duly-elected Legislature. Nor, moreover, just arbitrarily override, veto and brush aside the choices, voices and promises of The People Themselves expressed at the Constitutional Amendment
ballot box! Otherwise, the whimsical, capricious and insensible could lie in waiting to keep our Country in constant turmoil, unrest and disruption! Besides that, fifty years constitutes Waiver and Estoppel unlimited!
Only through the third branch – the Judiciary – could this have even been challenged in our great society. Else havoc, disarray and lawlessness would run rampant and prevail. God would not like that! For such
contemptuous behavior and misconduct would renounce, defy and disaffirm both The Ten Commandments and The Golden Rule, as well as our Constitution itself…
Actually, since it was all the people of Texas who legally established this Supreme Court Commemorative by voting and approving a Constitutional Amendment, would not the majority of the
people of Texas be required to legally repeal, remove or alter this memorial by a new and reversing constitutional amendment? And likewise, would not the Texas Historical Committee, Antiquities Commission and the Texas
Preservation Committee’s authorities have to first be considered and respected? I would sure think so, and do respectfully recommended this and any other “neighborly and friendly” pursuit, arbitration and civil relief
before allowing this unfortunate travesty to evolve into the full-blown lawsuit that is already now pending and which I have been formally requested to assist in its trial as both Lawyer and Witness. This is not to mention
current, impressive daily vigil of Confederate flag bearers from all over Texas and the South from marching in front of the Texas Supreme Court Building.
In closing, Governor Rick Perry, I am humbly grateful to be alive to furnish these historical “battleground” facts and my “combat” recall and convictions for you. I also thank you again for the
privileged opportunity of presenting them to you “out in the open daylight” as it should have been done last year, in behalf of all the wonderful Texans of every descent, color and creed, including the good, black
Primus Kelly and “hundreds like him,” all of whom and their “Black Heritage”, I respect in our great Lone Star State.
If I or my files, records and staff can be of further assistance, please call freely. My warmest and most gentlemanly regards and Godspeed to Miss Anita, yourself, your Family, Staff and members of
the General Services Commission.
Sincerely and respectfully submitted,
Your friend,
GOVERNOR BILL DANIEL
Founder and Current President, Texas State Bar
Historical Foundation for 15 years
Present Chairman, State Bar of Texas History and
Traditions Committee for 18 years
