Edward E. Wagner Biography


	This biography appears on pages 978-981 in "History of Dakota 
	Territory" by George W. Kingsbury, Vol. IV (1915) and was 
	scanned, OCRed and edited by Maurice Krueger, mkrueger@iw.net.

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				EDWARD E. WAGNER. 

	Edward E. Wagner, one of the leading members of the South Dakota 
bar, practicing successfully in Sioux Falls, was born on a farm in Lyon 
county, Iowa, October 22, 1874. He is a son of James H. and Louisa E. 
(Conklin) Wagner, the former a native of Pennsylvania and the latter of 
Ohio. The father passed away in 1884. The family is of German origin 
but was founded in this country at an early day, as the grandfather of 
our subject was born in Pennsylvania. 

	Edward E. Wagner acquired his early education in the public 
schools of Rock Rapids, Iowa, and afterward entered the law office of 
H. G. McMillan at that place. In May, 1893, he was admitted to the bar 
by the supreme court of Iowa and opened his first office at Mitchell, 
South Dakota. He remained there for three years and then returned to 
Rock Rapids, where he spent a similar period of time. In the spring of 
1899 he went to Alexandria, South Dakota, and in 1900 was elected 
states attorney of Hanson county, serving one term of two years. In 
1904 he was elected to the state senate from district No. 11 and his 
record as a member of the legislative body was a commendable one, his 
vote and influence having been always on the side of right and 
progress. One year after the expiration of his term in the senate Mr. 
Wagner was appointed by President Roosevelt United States attorney for 
the district of South Dakota and in this office he did conscientious, 
impartial and able work for a period of five years and a half, after 
which he resigned and gave his entire time to his private practice. On 
the 1st of January, 1910, he returned to Mitchell and there formed a 
partnership with Harrison C. Preston, an association which continued 
for three years. At the end of that time Mr. Wagner moved to Sioux 
Falls, where he is now engaged in general practice, being ranked among 
the able and successful attorneys of the city. 

	At Rock Rapids, Iowa, July 10, 1894, Mr. Wagner was united in 
marriage to Miss Alice Tresslar, a daughter of Jacob Tresslar, a 
veteran of the Civil war, as was also the father of our subject, who 
served three and a half years as private in the Twenty-fourth Iowa 
Volunteer Infantry. Mr. and Mrs. Wagner have become the parents of 
three children, Hazel, Ruth and Robert. 

	Mr. Wagner belongs to the Dacotah, the Country and the Elks Clubs 
and is connected fraternally with the Knights of Pythias and the 
Masons. He is a member of the Presbyterian church. His political 
allegiance is given to the republican party, and he has always been 
active in public affairs, serving with credit and ability in various 
positions of trust and responsibility. He was enthusiastically 
mentioned by his many friends and admirers as a candidate for the 
office of United States senator recently but refused this honor, being 
unwilling to take part in an arduous political campaign. However, he is 
now the object of a strong non-partisan movement to place him upon the 
bench in the second judicial district. 

	In discussing this movement the Sioux Falls Press in an editorial 
dated November 25, 1913, said: "Mr. Wagner is not only preeminently fit 
for a position that calls for conscience, a clear mind, knowledge of 
the law and courage, but he has proven that he has a keen sense of the 
moral values of a situation. All these requisites of a good jurist Mr. 
Wagner possesses, we believe, in great abundance. We have only to hark 
back a few months to the occasion where, as United States district 
attorney, he had the courage to resign rather than to be a factor in a 
situation that offended his conscience, violated the intent of the law 
and shocked his sense of values with respect to what is right and what 
is wrong; there we find in Mr. Wagner the qualities which all men 
admire and which should belong to judges more than to any other class 
of men. It is to be hoped that he will accept what is offered him. Of 
all the important matters the voters of this circuit must decide in the 
approaching elections, none is more vital and far-reaching in its 
potentialities than the election of a circuit judge. The Press is 
confident that E. E. Wagner measures up to the great responsibilities 
of the place." 

	As previously stated, Mr. Wagner was appointed United States 
district attorney for South Dakota by President Roosevelt, and tendered 
his resignation on the 28th of December, 1912, on account of the 
attitude of Mr. Wickersham, the United States attorney general, in the 
celebrated case of Charles L. Hyde of Pierre. During his incumbency he 
had tried some well known cases. Probably the most conspicuous, because 
of the results which followed it, was that of Charles L. Hyde, a 
banker, real-estate dealer, promoter and reputed richest man in South 
Dakota, who was tried and convicted in the United States district court 
in December, 1911, of using the mails for fraudulent purposes, it being 
contended by the government that through circulars and letters sent 
through the mails he had made false statement regarding the values of 
Pierre real estate and had sold almost worthless lots in Pierre for two 
hundred dollars and three hundred dollars in cash each to eastern 
people who desired to invest their savings in what they believed was 
property which would increase rapidly in value. The trial was hard 
fought by both sides and the verdict was considered a great victory for 
the government. Mr. Hyde was sentenced to serve one year and three 
months in the federal penitentiary and to pay a fine of three thousand 
five hundred dollars and costs. Mr. Hyde made appeal for a new trial to 
Judge Elliott, to the circuit court of appeals, and was denied in each 
case. He then petitioned President Taft to pardon him. Mr. Wagner 
opposed the pardoning of Hyde, holding that he had been duly convicted 
and that no extenuating circumstances were brought out in the case, and 
that Hyde's wealth should not be taken into consideration. Mr. 
Wickersham wanted Mr. Wagner to secure a stay of commitment and Wagner 
refused to comply with the request, believing that, had it been the 
case of a poor man, no such interference with justice would have been 
attempted. President Taft granted Mr. Hyde immunity from imprisonment 
and Mr. Wagner, believing it to be a clear case of the perverting of 
justice because the convicted person was a man of great wealth, whereas 
a poor man would have been speedily incarcerated, voiced his protest 
against the same, and at once withdrew from the office by resignation. 
Such wide attention was attracted to the case that a published 
statement was made by the United States attorney general setting forth 
the reasons why the president had taken action, and this was followed 
by a statement from Mr. Wagner in which he fully reviewed the evidence 
which had led to the conviction. The case was one of the most widely 
discussed ever tried in South Dakota, and, however it may be regarded 
by the pros and cons, it clearly shows the high, unswerving principles 
of honor which actuated Mr. Wagner in the discharge of his duty under 
his oath of office.