Burton K. Wheeler

{{Short description|American politician and lawyer (1882–1975)}}

{{redirect|Senator Wheeler}}

{{Use mdy dates|date=January 2024}} {{Use American English|date=January 2024}}

{{Infobox officeholder

| name = Burton Wheeler

| image = Sen. B.K. Wheeler, 12-8-22 LOC npcc.07484 (cropped).jpg

| jr/sr = United States Senator

| state = Montana

| term_start = March 4, 1923

| term_end = January 3, 1947

| predecessor = Henry L. Myers

| successor = Zales Ecton

| office1 = United States Attorney for the District of Montana

| term_start1 = 1912

| term_end1 = October 1918

| office2 = Member of the Montana House of Representatives

| term_start2 = 1910

| term_end2 = 1912

| birth_name = Burton Kendall Wheeler

| birth_date = {{birth date|1882|2|27}}

| birth_place = Hudson, Massachusetts, U.S.

| death_date = {{death date and age|1975|1|6|1882|2|27}}

| death_place = Washington, D.C., U.S.

| resting_place = Rock Creek Cemetery
Washington, D.C., U.S.

| party = Democratic

| otherparty = Progressive (1924)

| spouse = Lulu White

| children = 6, including Frances

| education = University of Michigan (LLB)

| caption = Wheeler in 1922

}}

Burton Kendall Wheeler (February 27, 1882{{spaced ndash}}January 6, 1975) was an attorney and an American politician of the Democratic Party in Montana, which he represented as a United States senator from 1923 until 1947.

{{cite magazine

| first = Joseph Kinsey

| last = Howard

| title = The decline and fall of Burton K. Wheeler

| magazine = Harper's Magazine

| publisher = Harper's

| url = https://harpers.org/archive/1947/03/the-decline-and-fall-of-burton-k-wheeler/

| date = March 1947

| volume = March 1947

| access-date = 19 May 2019}}

Born in Massachusetts, Wheeler began practicing law in Montana almost by chance, after losing his belongings while en route to Seattle. As the U.S. Attorney for Montana, he became known for his criticism of the Sedition Act of 1918 and defense of civil liberties during World War I. An independent Democrat who initially represented the progressive wing of the party, he received support from Montana's labor unions in his election to the Senate in 1922.

As a freshman senator, Wheeler played a crucial role in exposing the Harding administration's unwillingness to prosecute people involved in the Teapot Dome scandal.[https://www.nytimes.com/1975/01/07/archives/burton-k-wheeler-isolationist-dies.html "Burton K. Wheeler, Isolationist, Dies"]. The New York Times. January 7, 1975. He ran for vice president in 1924 on the Progressive Party ticket headed by Wisconsin Senator Robert La Follette Sr. An ardent New Deal liberal until 1937, Wheeler broke with President Franklin D. Roosevelt on the issue of packing the Supreme Court. In foreign policy, from 1938 to 1941, he became a leader of the non-interventionist wing of the party, fighting against entry into World War II until the attack on Pearl Harbor.

Wheeler lost reelection in 1946 and retired to private practice in Washington, D.C.

Early life

Wheeler was born in Hudson, Massachusetts, to Mary Elizabeth Rice (née Tyler) and Asa Leonard Wheeler.{{Cite book|last1=Wheeler|first1=Burton Kendall|url=https://archive.org/details/tankeefromthewes000420mbp/page/n5/mode/2up|title=Yankee from the West: The Candid, Turbulent Life Story of the Yankee-born U.S. Senator from Montana|last2=Healy|first2=Paul F.|publisher=Doubleday|year=1962|location=Garden City|asin=B0006AXYL6|oclc=800737501}} He grew up in Massachusetts, attending the public schools. He first worked as a stenographer in Boston.

He traveled west to attend University of Michigan Law School, where he graduated in 1905. He initially intended to settle in Seattle, but after getting off the train in Butte, Montana, he lost his belongings in a poker game. The new attorney settled there and began practicing law.{{cite book|last=Gunther|first=John|author-link=John Gunther|title=Inside U.S.A|page=[https://archive.org/details/insideusa00gunt/page/176 176]|location=New York, London|publisher=Harper & Brothers|year=1947|title-link=Inside U.S.A. (book)}}{{cite web|title=125 Montana Newsmakers: Burton K. Wheeler|url=http://www.greatfallstribune.com/multimedia/125newsmakers4/wheeler.html|website=Great Falls Tribune|author=Tribune Staff|access-date=August 27, 2011|archive-date=January 10, 2013|archive-url=https://web.archive.org/web/20130110212135/http://www.greatfallstribune.com/multimedia/125newsmakers4/wheeler.html|url-status=dead}}

Political career

=1910s=

Wheeler was elected as a Montana state legislator in 1910, and in that position, he gained a reputation as a champion of labor against the Anaconda Copper Mining Company that dominated the state's economy and politics. He was appointed as a United States Attorney. During his tenure, he refused to prosecute alleged sedition cases during World War I, arguing that to do so would violate free speech. His refusal is significant as Montana was a stronghold of the Industrial Workers of the World. In other parts of the country, IWW membership was suppressed under the Sedition Act. Wheeler's defense of free speech was seen as unpatriotic if not treasonous by conservatives. He further riled conservatives when he served as defense attorney for William F. Dunne, a socialist newspaper editor who was accused of sedition. Wheeler's actions made him unpopular in the pro–World War I political climate, and he was forced to resign his office as a U.S. attorney in October 1918.{{cite journal |last1=Pedersen |first1=Vernon L. |title=The Most Dangerous Man in Montana: Corruption, Communism, and Bill Dunne |journal=Montana |date=Summer 2017 |volume=67 |issue=2 |pages=51–53 |jstor=26322816 |url=https://www.jstor.org/stable/26322816 |access-date=25 March 2021}}

=1920s=

File:TIMEMagazine18Jun1923.jpg cover, June 18, 1923]]

File:Senator Burton Kendall Wheeler.jpg

In 1920, Wheeler ran for Governor of Montana, easily winning the Democratic primary, and he won the support of the Non-Partisan League in the general election. The ticket included a multi-racial set of candidates, unusual for 1920, including an African American and a Blackfoot Indian.Current Biography. 1940. p. 858. Wheeler was defeated by Republican former U.S. Senator Joseph M. Dixon.

Wheeler ran as a Democrat for the Senate in 1922, and was elected over Congressman Carl W. Riddick, the Republican nominee, with 55% of the vote. He broke with the Democratic Party in 1924 to run for Vice President of the United States on the Progressive Party ticket led by La Follette. They carried one state—La Follette's Wisconsin—and ran well in union areas and railroad towns.

Early on in his career as a U.S. senator, Wheeler played a leading role in exposing the Harding administration's unwillingness to prosecute administration officials involved in the Teapot Dome scandal. His special committee held sensational Senate hearings regarding bribery and other corruption in Attorney General Harry M. Daugherty's Justice Department, which ultimately resulted in the indictment of Daugherty and others.{{Cite web|title=Burton Wheeler, former Senator for Montana|url=https://www.govtrack.us/congress/members/burton_wheeler/411492|access-date=2021-03-06|website=GovTrack.us|language=en}}{{Cite news|last=Bianculli|first=Joseph L.|date=April 23, 1993|title=The Indictment and Trial of Sen. Wheeler|newspaper=The Washington Post|url=https://www.washingtonpost.com/archive/opinions/1993/04/23/the-indictment-and-trial-of-sen-wheeler/0291e2af-9aa7-4914-a279-8956a8743542/|access-date=March 6, 2021}} He voted for the Immigration Act of 1924 which limited Catholic and Jewish immigration, and almost entirely banned Asian immigrants.[https://www.govtrack.us/congress/votes/68-1/s126 "TO AGREE TO REPORT OF CONFERENCE COMMITTEE ON H.R. 7995, (APP. 5/26/1924, 43 STAT. L. 153), A BILL TO LIMIT THE IMMIGRATION OF ALIENS INTO THE UNITED STATES. (P. 8568-2)"]. Senate Vote #126 in 1924 (68th Congress). In 1925, Wheeler faced investigation, without major impact, by Blair Coan, a Justice Department investigator from Chicago, who suspected Wheeler of involvement in communist conspiracy.

{{cite book

| first = Blair

| last = Coan

| author-link = Blair Coan

| title = The Red Web: An Underground Political History of the United States from 1918 to the Present Time

| publisher = Northwest Publishing Co

| date = 1925

| lccn = 26000277

}}

{{cite book

| first = Nick

| last = Fischer

| title = Spider Web: The Birth of American Anticommunism

| publisher = University of Illinois Press

| url = https://books.google.com/books?id=7sgJeSyKZoYC

| date = 15 May 2016

| access-date = 19 May 2019| isbn = 9780816658336

}}

{{cite news

| first = Matthew

| last = Dallek

| title = The Good Anti-Communists

| newspaper = Chicago Tribune

| url = https://www.chicagotribune.com/news/ct-xpm-1996-02-18-9602180003-story.html

| date = 18 February 1996

| access-date = 18 May 2019}}

{{cite book

| first = Beverly Merrill

| last = Kelley

| title = Reelpolitik

| publisher = Praeger

| url = https://books.google.com/books?id=GEhwTu9lUwEC

| pages = 154

| date = 1998

| access-date = 18 May 2019| isbn = 9780275960186

}}

{{cite news

| title = Wheeler to Call His Foes in Frame-Up

| publisher = Daily Worker

| url = https://www.marxists.org/history/usa/pubs/dailyworker/1924/v2n022-apr-11-1924-TDW.pdf

| pages = 2

| date = 11 April 1924

| access-date = 18 May 2019}} In an otherwise negative assessment of Wheeler's career and views, journalist John Gunther called the indictment "pure vindictive retaliation, a frameup," laying the blame upon Attorney General Daugherty.Gunther, John, Inside USA, Curtis Publishing Company, 1946, pg. 178

Wheeler returned to the Democratic Party after the election, which Republican Calvin Coolidge won in an Electoral College landslide. He served a total of four terms and was re-elected in 1928, 1934, and 1940.

=1930s=

In 1930, Wheeler gained national attention when he successfully campaigned for the reelection to the U.S. Senate of his friend and Democratic colleague Thomas Gore, the colorful "Blind Cowboy" of Oklahoma. Wheeler supported President Franklin D. Roosevelt's election, and many of his New Deal policies. He broke with Roosevelt over his opposition to the Judicial Procedures Reform Bill of 1937, and also opposed much of Roosevelt's foreign policy before World War II. In the 1940 presidential election, there was a large movement to "Draft Wheeler" into the presidential race, possibly as a third party candidate, led primarily by John L. Lewis. {{citation needed|date=September 2013}}

In 1938, Wheeler introduced Senate Resolution 294, a "sense of the senate" statement that, in order to ensure fair competition, AM radio stations in the United States should be limited to a transmitter power of 50,000 watts.[https://babel.hathitrust.org/cgi/pt?id=mdp.39015087659424;view=1up;seq=511 "Limitation of Power of Radio Broadcast Stations"] (Senate Resolution 294), Journal of the Senate of the United States of America (Seventy-Fifth Congress, Third Session), June 9, 1938, page 507.

Now commonly known as the Wheeler resolution, it was approved on June 13, 1938[https://babel.hathitrust.org/cgi/pt?id=mdp.39015087659424;view=1up;seq=543 "Radio Stations Broadcasting in Standard Band"], Journal of the Senate of the United States of America (Seventy-Fifth Congress, Third Session), June 13, 1938, page 539. and the next year the Federal Communications Commission implemented a 50,000 watt cap, which still remains in force.[https://archive.org/stream/broadcasting16unse#page/n184/mode/1up/ "Proposed New FCC Rules Well Received"], Broadcasting, February 1, 1939, pages 16-17, 70-73.

=1940s=

==America First Committee==

Wheeler, an outspoken non-interventionist, opposed U.S. entry into World War II.{{cite web|url=http://pastdaily.com/2017/05/04/may-4-1941-burton-k-wheeler/|title=May 4, 1941 - Burton K. Wheeler Makes The Case Against Intervention|last=gordonskene|date=4 May 2017|website=pastdaily.com|access-date=17 April 2018}}

He strongly supported the isolationist America First Committee but never joined. He gave advice and many speeches to its chapters. His wife Lulu was on its national committee and she was the treasurer of the Washington, DC, chapter.Johnson (2012), p. 12.Anderson (1982) p 142. Because he and other speakers at an antiwar rally, including Norman Thomas, gave the palm-out Bellamy Salute, critics drew comparisons to the Nazi salute.

The Bellamy Salute had been widely used in the U.S. since the 1890s.{{cite web |last1=Seaton |first1=Matt |title=When Is a Nazi Salute Not a Nazi Salute? |url=https://www.nybooks.com/daily/2020/07/25/when-is-a-nazi-salute-not-a-nazi-salute/ |website=New York Review of Books |access-date=29 July 2020}}

As chair of the "Wheeler Committee" (formally, the Subcommittee to Investigate Railroads, Holding Companies, and Related Matters of the United States Senate Committee on Interstate and Foreign Commerce),

{{cite book

| title = Investigation of Communist Infiltration of Government

| publisher = US GPO

| url = https://books.google.com/books?id=OzsWAAAAIAAJ

| pages = 2957–8

| date = 13 December 1955

| access-date = 12 November 2019}} Wheeler announced in August 1941 he would investigate “interventionists” in the motion picture industry, which his detractors characterized as anti-Semitic. He questioned why so many foreign-born favored American participation in the war. "Critics charged that the Committee was motivated by animus to Jewish studio heads."David Gordon.[http://bobrowen.com/nymas/americafirst.html America First: the Anti-War Movement, Charles Lindbergh and the Second World War, 1940-1941] Representing the studios was 1940 Republican presidential candidate Wendell Willkie who charged that Wheeler and other critics sought to impose the same kind of censorship that Nazi Germany was enacting all over Europe. Wheeler also led the attack on Roosevelt's Lend Lease Bill, charging that if passed "it would plow under every fourth American boy".Inside U.S.A. (Gunther), p. 175. Roosevelt in response charged that Wheeler's statement was "the damnedest thing said in a generation".

After the start of World War II in Europe, Wheeler opposed aid to Britain or France. On October 17, 1941, Wheeler said: "I can't conceive of Japan being crazy enough to want to go to war with us." One month later, he added: "If we go to war with Japan, the only reason will be to help England." The United States Army's secret Victory Program was leaked on December 4, 1941 to Wheeler, who passed this information on to three newspapers.[http://www.ibiblio.org/hyperwar/USA/USA-Victory/USA-Victory-4.html Charles E. Kirkpatrick, Writing the Victory Plan of 1941, Ch. 4, "Detailed Planning"], United States Army Center of Military History, CMH Pub 93-10.Anderson (1982) pp 255-268.

==World War II==

Following Japan's attack on Pearl Harbor, Wheeler supported a declaration of war saying, "The only thing now to do is to lick the hell out of them."{{cite book|author=Susan Dunn|title=1940: FDR, Willkie, Lindbergh, Hitler-the Election Amid the Storm|url=https://books.google.com/books?id=nluuyZI68YIC&pg=PA310|year=2013|publisher=Yale UP|page=310|isbn=9780300190861}}

Wheeler had always considered himself to be a champion of civil liberties for unpopular groups and World War II was no exception. Agreeing with such critics of the Sedition Trial of 1944 as Senator Robert A. Taft and leading constitutional scholar Zechariah Chafee, he regarded the Sedition Trial of 1944 a “disgrace” and a scheme to smear more mainstream critics of FDR's pre-war foreign policy. Wheeler also criticized the internment of Japanese Americans though he apparently did not speak out publicly. In 1962, he recalled that he had “protested to various high-level government officials,” including his friend Under Secretary of War Robert P. Patterson, asserting that internment violated the “principles of the Four Freedoms.” He warned that if the government “can get away with such treatment of citizens of Japanese descent, it can do the same to any minority.” {{cite book | last=Beito | first=David T. | title=The New Deal's War on the Bill of Rights: The Untold Story of FDR's Concentration Camps, Censorship, and Mass Surveillance | edition=First | pages=179, 245| location=Oakland | publisher=Independent Institute | year=2023 | isbn=978-1598133561}}

In 1945, Wheeler was among the seven senators who opposed full United States entry into the United Nations.{{cite news|url=https://www.nytimes.com/learning/general/onthisday/big/1204.html#article|title=UNO Bill Approved By Senate, 65 to 7, With One Change|newspaper=The New York Times|date=December 4, 1945|access-date=December 27, 2016}}

Wheeler sought renomination in 1946 but was defeated in the Democratic primary by Leif Erickson, who attacked Wheeler as insufficiently liberal and for his "pre-war isolationist" views. Erickson in turn was defeated by Republican state representative Zales Ecton. Wheeler's defeat has been attributed, in part, to a pamphlet by David George Plotkin entitled The Plot Against America: Senator Wheeler and the Forces Behind Him. Published by supporters of the Communist Party, the pamphlet accused Wheeler, along with President Harry S. Truman, of being part of a fascist conspiracy.[http://www.antiwar.com/justin/j090501.html "Wheeler's Progress: The Evolution of a Progressive"], antiwar.com, May 1, 2009. Montana writer Joseph Kinsey Howard called it "one of the worst books ever written" about a politician. It later emerged that the pamphlet had been backed by an aide of Jerry J. O'Connell, a political rival of Wheeler's in Montana politics.{{cite web |last1=Johnson |first1=Marc |url=https://www.montanapress.net/post/montana-profile-the-montana-roots-of-the-plot-against-america |title=Montana Profile: The Montana Roots of "The Plot Against America" |date=2 January 2021 |website=Montana View |access-date=11 December 2022}}

One political commentator characterized the fall of Wheeler's political fortunes by the end of his career:

Though Wheeler was accused of becoming a conservative, even reactionary, he remained consistent to the Populist-Progressive tradition in blaming eastern bankers for his ills. In his early years he lumped together the eastern financial interests with capitalism; in 1946 they were partners in crime with Communism. The man was the same, as were his methods, but his sense of timing and knowledge of the Montana voter were not as acute as they had been. By 1946, Wheeler was more acceptable to conservatives than liberals.{{Cite book |url=https://scholarworks.umt.edu/cgi/viewcontent.cgi?article=4760&context=etd |title=Study of the defeat of Senator Burton K. Wheeler in the 1946 Democratic primary election |date=28 August 1950 |access-date=11 December 2022}}

=1950s=

On September 15, 1950, Wheeler served as counsel to Max Lowenthal, a fellow Democrat from Minnesota, as the latter testified before the House Un-American Activities Committee.

{{Cite book

| url = https://archive.org/stream/hearingsregardin195002unit/hearingsregardin195002unit_djvu.txt

| title = Hearings Regarding Communist Espionage in the United States Government

| date = 28 August 1950

| pages = 2959–2986

| access-date = 21 October 2017}}

Wheeler did not return to politics, nor full-time to Montana, but took up his law practice in Washington, D.C. Aided by research from his daughter, Frances (died 1957), Wheeler wrote his autobiography, with Paul F. Healy, Yankee from the West, published in 1962 by Doubleday & Company. He dedicated the book to his wife and daughter.

Personal life, death, and legacy

Wheeler married Lulu M. White. She was a major political advisor. They had six children: John, Elizabeth, Edward, Frances, Richard and Marion and beloved great grandchild Willa K Snow (of Edward). Frances helped her father with his research for his autobiography, Yankee from the West: The Candid, Turbulent Life Story of the Yankee-born U.S. Senator from Montana, which he published in 1962 and dedicated to her and his wife.Yankee from the West: The Candid, Turbulent Life Story of the Yankee-born U. S. Senator from Montana, by Burton K. Wheeler and Paul F. Healy, Garden City, NY: Doubleday & Co., Inc., 1962, [https://archive.org/details/yankeefromwestth00whee full text online]

Wheeler died age 92 on January 6, 1975, in Washington, D.C., and is interred in the District of Columbia's Rock Creek Cemetery.[http://politicalgraveyard.com/bio/wheeler.html#R9M0JH46X Burton K. Wheeler profile], Political Graveyard website His Butte home is a National Historic Landmark in recognition of his national political role.{{Cite journal|title=National Register of Historic Places Inventory-Nomination: Burton K. Wheeler House|url={{NHLS url|id=76001129}} |format=pdf|date=February 1976 |author=George R. Adams and Ralph Christian |publisher=National Park Service}} and {{NHLS url|id=76001129|title=Accompanying 2 photos, exterior, from 1975.|photos=y}} (681 KB)

In 2004, political writer Bill Kauffman of The American Conservative described Wheeler as having been notable as an "anti-draft, anti-war, anti-big business defender of civil liberties".[http://www.amconmag.com/2004/2004_09_27/review.html Bill Kauffman, "Heil to the Chief"], The American Conservative, September 27, 2004.

See also

References

{{Reflist}}

Works cited

  • {{Cite book|last=Johnson|first=Marc C.|title=Political Hell-Raiser {{endash}} The Life and Times of Senator Burton K. Wheeler of Montana|publisher=University of Oklahoma Press|year=2019|isbn=9780806163765}}

Further reading

  • {{cite book | last=Beito | first=David T. | author-link = David T. Beito| year=2023 | title = The New Deal's War on the Bill of Rights: The Untold Story of FDR's Concentration Camps, Censorship, and Mass Surveillance| edition=First | pages=4–7| location=Oakland | publisher=Independent Institute | isbn=978-1598133561}}
  • Burke, Robert E. “A Friendship in Adversity: Burton K. Wheeler and Hiram W. Johnson.” Montana: The Magazine of Western History, 36#1 (1986), pp. 12–25. [http://www.jstor.org/stable/4518946 online]
  • Johnson, Marc C. (2019). Political Hell-Raiser – The Life and Times of Senator Burton K. Wheeler of Montana (University of Oklahoma Press). Scholarly biography.
  • {{Cite magazine|last=Johnson|first=Marc C.|date=Winter 2012|title=Franklin D. Roosevelt, Burton K. Wheeler, and the Great Debate: A Montana Senator's Crusade for Non-intervention before World War II|magazine=Montana|volume=62|issue=4|pages=3–22|issn=0026-9891}}
  • Malone, Michael P. "Montana Politics and the New Deal." Montana: The Magazine of Western History 21.1 (1971): 2–11. [https://www.jstor.org/stable/4517527 online]
  • {{Cite book|last1=Morrison|first1=John|title=Mavericks: The Lives and Battles of Montana's Political Legends|last2=Morrison|first2=Catherine Wright|publisher=Montana Historical Society Press|year=2003|isbn=978-0-917298-93-6|location=Helena|pages=161–196}}
  • Ruetten, Richard T. "Showdown in Montana, 1938: Burton Wheeler's Role in the Defeat of Jerry O'Connell" Pacific Northwest Quarterly 54.1 (1963) 19-29 [http://www.jstor.org/stable/40487778 online]
  • Ruetten, Richard T. “Burton K. Wheeler and the Montana Connection.” Montana 27#3 (1977), pp. 2–19. [http://www.jstor.org/stable/4518183 online]

=PhD dissertations available at academic libraries=

  • {{Cite thesis|last=Anderson|first=John Thomas|title=Senator Burton K. Wheeler and United States foreign relations|date=1982|degree=PhD|publisher=University of Virginia|place=Charlottesville|oclc=830732304}}
  • {{Cite thesis|last=Ruetten|first=Richard T.|title=Burton K. Wheeler of Montana: A Progressive Between the Wars|date=1961|degree=PhD|publisher=University of Oregon|place=Eugene|oclc=8396313}}
  • {{Cite thesis|last=Ruetten|first=Richard T.|title=Burton K. Wheeler, 1905-1925, An Independent Liberal Under Fire|date=1957|degree=Master's|publisher=University of Oregon|oclc=26530769|place=Eugene}}

=Primary sources=

  • {{Cite book|last1=Wheeler|first1=Burton Kendall|url=https://archive.org/details/tankeefromthewes000420mbp/page/n5/mode/2up|title=Yankee from the West: The Candid, Turbulent Life Story of the Yankee-born U.S. Senator from Montana|last2=Healy|first2=Paul F.|publisher=Doubleday|year=1962|location=Garden City|asin=B0006AXYL6|oclc=800737501}}, his autobiography.