The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1913-01-04
WAGNER RESIGNS
South Dakota's u. S. Attorney
Sends His Resignation to
Washington


ashington, Jan. 4.-Edward E.
Wagner, of Mitchell, 8. D., United
States attorney for South Dakota, and
Charles A. Boynton, United States at
torney at Waco. Tex, resigned today.
President Taft accepted both resigna-
tioas, which, it was said at the de.
partment of justice, were voluntary.
The resignation of Wagner is an in
direct result of the application to Pres.
ident Taft for the pardon of Charles L.
Hyde, of Pierre, $. D., sentenced to
one year aid three months for alleged
fraudulent use of the mails in connec-
tion with the sale of town lots in South
Dakota. Wagner is said to be strongly
opposed to the president pardoning
Hyde, whose right to clemency is now
being investigated by Attorney General
Wickersham. The attorney general
today said he had been d~ispleased by
Wagner's attitude, wrote him a sharp
letter and summoned him to Wash
ington for a conference. Instead of
complying with the summons, Wagner
rendered his resignation.
Mitchell, Jan. 4.-EdwaId E. Wag-
ner, whose resignation as United Ststes
district attorney for South Dakota was
accepted today, stated tonight he had
resigned because Attorney General
Wickersham had asked him to make Ie-
quest of Federal Judge Elliott that
commitment in the case of Charles L.
Hyde be withheld for sixty days.
"Charles l.. Hyde, vino is wealthy,
had been sentenced by Judge Elliott to
q fifteen months imprisonment, F" said
Wagner. Attorney General Wickers-
ham asked me to request Judge Elliott
10 withhold commitment of Hyde,
pending action ON the latter's appli
cation to the president for pardon.
81 regarded the request as unusual.
Such privilege has not been accorded
other prisoners in the district during
my term in Office, and there have been
many convictions. | felt that Hyde
was entitled only to treatment accord
ed other prisoners convicted of crime.
When Hyde's conviction was sustained
by the United States court of appeals
| felt that the cause of justice had
accomplished something of a victory
and that Hyde without regard to his
wealth should be given the treatment
Of other prisoners.
Il could not agree with the attor.
uey general as to the justice of with
h llding commitment papers and sent
him my resignation"
Who Mr.. Wagner's successor will be
has not been determined yet. The dis
judge has the power to make a
temporary appointment TO I'll the va
cancy pending the regular appoint
ment by the president. Judge Elliott
stated last night that the appointment
would be made in a day or two, but
that he could not make any announce
ment as to who he would name until
he conferred with tie attorney gen.
Ii was rumored that Assistant Dis
Attorney G. j. Morris will be
given the place. Mr.. Morris has
worked with MIR. Wagner in all of the
important cases. 1t is not likely that
President Taft will make an appoint. |
ment to fill the vacancy and be may
that to his successor. Wagner's
term would have expired April 10,
There is some question as to
or not a man appointed by
Taft would fill only the unexpired term
would hold Office for four years.
Many attorneys contend that if the
president should fill the vacancy now
md the Senate approve of his APP |
pointment, the appointee would hold
office for four years.