Daniel James Malarkey (15 July 1870 – 1 December 1939), known as Dan Malarkey, was an attorney and politician from the state of Oregon. He served one two-year term in the Oregon House of Representatives followed by two non-consecutive four-year terms in the Oregon State Senate. Malarkey was a moderate Republican who represented Multnomah County in both chambers. He served as President of the Oregon Senate during the 1913 legislative session. Malarkey was known as a champion of progressive legislation including sponsoring Oregon’s first public utilities law and the state’s first minimum wage law that covered women. He was also one of the state’s most prominent attorneys for over 40 years. Malarkey actively opposed the influence of the Ku Klux Klan in Oregon. His legal efforts were successful in having a Klan-sponsored education bill declared unconstitutional, a decision that was ultimately upheld by the United States Supreme Court.
Early life
Malarkey was born on 15 July 1870 in New York City. He was the son of Charles M. Malarkey and Katherine (O'Neil) Malarkey. He was one of nine children in the Malarkey family. In 1873, at the age of three, he moved with his family to Oregon. The family settled in Portland, where his father owned a fish and poultry business for many years before founding a successful real estate firm. His father also served as the Multnomah County treasurer. His father's community service helped the young Malarkey develop an interest in public affairs."Dan J. Malarkey", History of The Bench and Bar of Oregon, Historical Publishing Company, Portland, Oregon, 1910, p. 182."Dan Malarkey Dies in Portland", Capital Journal, Salem, Oregon, 1 December 1939, p. 1."Death Comes to Dan J. Malarkey, Ex-Legislator", Medford Mail Tribune, Medford, Oregon, 1 December 1939, p. 5."Daniel J. Malarkey", Malarkey, Daniel J., House, National Register of Historic Places Registration Form, Oregon State Historic Preservation Office, 15 April 1993, Section 8, pp.2-5.
Malarkey got his early education at St. Michael's College, a private catholic school in Portland. He then attended Portland High School, where he graduated in 1885 at the age of 14. After graduating from high school, he studied law with a Portland judge before entering law school at the University of Oregon. He graduated at the top of his class in 1892 and was admitted to the Oregon State Bar later that year.
On 26 June 1893, Malarkey married Annie Laurie Burgess. Together they had four children. Eventually, they built a large family home on Hillcrest Place in the Portland Heights neighborhood."June Jottings", Dallas Daily Chronicle, 26 June 1893, p. 3.
Professional and civic affairs
While Malarkey began his law career working on petty criminal cases in local police courts, his legal skills were quickly noticed. In 1893, he was appointed deputy district attorney for Multnomah County, a position he held for two terms until 1898. In 1899, he became a partner in the law firm of Gammans and Malarkey. He remained with that firm until 1910. During that period, he became a member of several bar associations.
In the early 1890s, Malarkey began investing in local business projects. In 1891, he joined two partners to incorporate the Oneonta Land Company with $400K in capital stock. The firm was engaged in the real estate business in and around Portland."Real Estate and Stoves", Stateman Journal, 26 November 1891, p. 4. A year later, joined two other partners to incorporated the Portland University Land Company with $40K in capital stock. It was also a real estate business."Real Estate Twice", Stateman Journal, 30 November 1892, p. 4. Later, Malarkey and two partners incorporated the Universal Sash and Door Company with $15K in capital. The company manufactured and sold lumber, doors, sashes, and blinds to customers in the Portland area."Will Engage in Business", Statesman Journal, 1 August 1901, p. 4.
Malarkey was also active in civic and church groups. He joined Portland’s Commercial Club and the Portland Heights Club. Malarkey was a member of the Catholic Order of Foresters, serving as that organization’s first Chief Ranger of Oregon. He was also a delegate to the order’s international convention. In addition, he was a member of the Knights of Columbus and an active leader in his Catholic parish.
As a young professional man, Malarkey became a popular public speaker. This helped him meet people throughout the local area, especially fellow Republicans who dominated political affairs in Portland and Multnomah County at that time."Mr. Malarkey Stirs Heart", Sunday Oregonian, Portland, Oregon, 22 May 1904, p. 12. In 1896, he was asked to serve as secretary for the Portland city and Multnomah County Republican convention, where Republican candidates for state and local offices were selected. This was a good introduction to local politics."The Carey Faction", The Dalles Weekly Chronicle, 18 April 1896, p. 1.
State representative
In 1902, Malarkey decided to run for the Oregon House of Representatives. At the Multnomah County Republican convention, his fellow Republicans nominated him as a candidate for state representative. He was one of 12 Republican candidates nominated to compete for Multnomah County’s 12 House seats."Slate Won", Oregon Daily Journal, 20 March 1902 1902, p. 4."Political News Notes", Statesman Journal, 21 March 1902, p. 4.
The general election field included 26 candidates: 12 Republicans, 12 Citizens Party candidates, and 2 socialists. Malarkey was among 12 individuals (all Republicans) elected to Oregon House of Representatives from Multnomah County. Malarkey got 1,114 votes, finishing tenth out of 26 candidates. The top vote-getter in the election received 1,271 votes while the last successful candidate (the 12th place candidate) got 1,059 votes. Votes for the losing candidates ranged from 981 down to 150."Eighteenth Senatorial District", Morning Oregonian, 3 June 1902, p. 2."Representatives Elected from Multnomah County", Morning Oregonian, 4 June 1902, p. 3."Next Oregon Legislature", Oregon Daily Journal, 5 June1902, p. 1."The Oregon Lawmakers", Weekly Oregon Statesman, 27 June 1902, p. 6.
After his election, Malarkey took his District 18 seat in the Oregon House of Representatives. The 1903 regular legislative session opened on 12 January. During the session, Malarkey served as chairman of the House public library committee. He was also appointed to the military affairs and mining committees. The session was adjourned on 20 February. There were no special sessions called during the remainder of his two-year term which expired at the end of 1904."House", 1903 Regular Session (22nd): January 12 – February 20, Oregon Legislators and Staff Guide, Oregon State Archives, Oregon Secretary of State, Salem, Oregon, accessed 22 January 2024."House Standing Committees", Weekley Oregon Statesman, Salem, Oregon, 20 January 1903, p. 3.
State senator
In 1904, Malarkey decided to compete for a state senate seat representing Multnomah County. At the Multnomah County Republican nominating convention there was a major fight between supporters of United States Senator John H. Mitchell and followers of state senator Joseph Simon. The Mitchell delegates controlled the convention and therefore the nominations. Even though Malarkey was a Mitchell supporter, he was initially left off the list of Republican candidates for state senate. This was because as a House member, he had been an independent voice who did not always follow the guidance of party leaders. Nevertheless, Malarkey had many friends in both the Mitchell and Simon factions who supported his candidacy. Together, they voted to override party leaders and nominated Malarkey as a state senate candidate."Ticket Put Up", Sunday Oregonian, Portland, Oregon, 20 March 1904, pp. 1-2."The Machine Rules with Iron Hand", Oregon Daily Journal, Portland, Oregon, 20 March 1904, p. 1.
In the general election, Malarkey won a seat in the state senate, representing Multnomah County’s District 18. He took his senate seat in the 1905 regular session on 9 January. During the session, Malarkey was appointed chairman of the revision of laws committee. He also served on the judiciary, military affairs, and penal institutions committees. The session lasted a little over five weeks, adjourning on 17 February."Senate", 1905 Regular Session (23rd): January 9 – February 17, Oregon Legislators and Staff Guide, Oregon State Archives, Oregon Secretary of State, Salem, Oregon, accessed 22 January 2024."Legislative Committees Appointed", Eastern Oregonian, Pendleton, Oregon, 16 January 1905, p. 1."For State Service", Morning Oregonian, Pendleton, Oregon, 17 January 1905, p. 6.
Because state senators in Oregon are elected to four-year terms, Malarkey did not have to run for re-election in 1906. The 1907 session began on 14 February. During the session Malarkey served as chairman of the judiciary committee. He was also appointed to the assessment and taxation, irrigation, and revision of laws committees. The legislature finished its business and adjourned on 23 February."Senate", 1907 Regular Session (24th): January 14 – February 23, Oregon Legislators and Staff Guide, Oregon State Archives, Oregon Secretary of State, Salem, Oregon, accessed 22 January 2024."Reward Friends, Punish Enemies", Morning Oregonian, Portland, Oregon, 22 January 1907, p. 6.
In 1908, Oregon was transitioning from a party convention nominating process to a party primary election process. As that transition began, the Multnomah Republican Party fielded over 50 candidates for legislative seats supported by at least four party factions, each supporting their own slate of candidates. At least one of the factions encouraged Malarkey to run for re-election to the state senate. However, he decided not to run again, but pledged to support the Republican nominees selected by voters in the primary."Factions Line Up for Bitter Fight", Morning Oregonian, Portland, Oregon, 22 March 1908, p. 10."Induce Business Men to Enter Race", Morning Oregonian, Portland, Oregon, 25 March 1908, p. 10. Ultimately, there were 16 Republicans running for 5 Multnomah County senate seats, but Malarkey was not among them."Cake is Victor in Multnomah", Morning Oregonian, Portland, Oregon, 18 April 1908, p. 1. Instead, he decided to seek appointment to the United States District Attorney position. He did not get the position, perhaps because of the publicity he received for successfully defending state senator George C. Brownell in the Oregon land fraud scandal case. Malarkey proved in court that Brownell’s name had been forged on the incriminating document, which clearly established his innocence."U. S. Attorney Not Yet Chosen", Oregon City Courier, Oregon City, Oregon, 14 February 1908, p. 1.
After leaving the state senate, Malarkey went back to his successful law practice in Portland. However, by 1910, the Republican Party machine that previously controlled the convention nominating process and still had great influence in the Oregon legislature, was pushing to abandon primaries and return to selecting party candidates at local and state conventions. Malarkey was a strong supporter of the primary system."Dan J. Malarkey Opposes Scheme", Oregon Daily Journal, Portland, Oregon, 16 July 1910, p. 1&3. As such, he traveled throughout the state speaking on behalf of voters determining party candidates."Brownell will Skin the Machine", Daily Capital Journal, Salem, Oregon, 19 July 1910, p. 10."Anti-Assembly Orators Greeted with Enthusiasm", Oregon Daily Journal, Portland, Oregon, 21 August 1910, p. 5."Great Political Issues Talk of Day", Oregon City Courier, Oregon City, Oregon, 26 August 1910, p. 1."300 Attend Anti-Assembly Meeting", Oregon Daily Journal, Portland, Oregon, 4 September 1910, p. 1.