Byron S. Payne
From 1921's South Dakota Legislative Manual
10th Attorney General of South Dakota
In office January 1919 – January 1923
Governor	Peter Norbeck William H. McMaster
Preceded by	Clarence C. Caldwell
Succeeded by	Buell F. Jones
State's Attorney of Hughes County, South Dakota
In office January 1941 – January 1945
Preceded by	Otto B. Linstad
Succeeded by	Robert C. Riter
Personal details
Born	(1876-02-02)February 2, 1876 Vermillion, South Dakota
Died	May 30, 1949(1949-05-30) (aged 73) Pierre, South Dakota
Resting place	Riverside Cemetery, Pierre, South Dakota
Political party	Republican
Spouse	Jessie Blanche Mallery (m. 1910–1949, his death)
Children	2
Education	University of South Dakota University of Minnesota Law School
Occupation	Attorney Insurance company president

Byron S. Payne (February 2, 1876 – May 30, 1949) was an American attorney and politician from South Dakota. A Republican, he was best known for his service as the state's attorney general from 1919 to 1923.

Early life

Byron Samuel Payne was born in Vermillion, Dakota Territory on February 2, 1876, a son of Byron Spencer Payne and Charlotte Elizabeth (Woodworth) Payne. ^[1] He was educated in the schools of Clay County ^[2] and received his Bachelor of Science degree from the University of South Dakota in 1897. ^[3] Payne worked as a school teacher and principal until deciding on a career as an attorney. ^{[4] [5] [6]}

Start of career

In 1902, Payne began attendance at the University of Minnesota Law School, from which he graduated with a LL.B. in 1904. ^{[7] [8]}

After Payne was admitted to the bar, he began to practice law in Watertown. ^[9] In 1906, he entered into a partnership with his brother Jason, which maintained offices in Vermillion and Pierre. ^[10] Payne managed the Pierre office, and his partners there included Zell Guthrie and John Sutherland. ^{[9] [11]} The partnership was later reorganized, and Payne continued to practice in Pierre as one of the principals in the Sutherland & Payne firm. ^[2]

In addition to practicing law, Payne also became involved in politics as a Republican. ^{[12] [2]} In late 1906 and early 1907, he was one of the organizers for events held to celebrate the inauguration of Coe I. Crawford as governor. ^[12] Payne was also active in business ventures outside his law practice. ^[13] In 1907, he was an original incorporator of the Western Union Accident Insurance Company. ^[13]

In 1908, Payne was a candidate for State's Attorney of Hughes County. ^[2] He lost the Republican nomination to Glenn W. Martens, who went on to win the general election. ^{[14] [15]} In late 1908 and early 1909, he was an organizer of the inaugural celebration for Governor Robert S. Vessey. ^[16] In March 1909, Payne was one of several Republicans who made up South Dakota's delegation to the inauguration of President William Howard Taft. ^[17]

Payne was appointed Pierre's City Attorney in 1910, and he served until 1914. ^{[18] [19]} In 1912, Payne supported the Progressive Party candidacy of former President Theodore Roosevelt, who ran as a third-party candidate after losing the Republican nomination to Taft. ^[20] The split between Taft and Roosevelt enabled the election of Democratic nominee Woodrow Wilson. Despite supporting Roosevelt, Payne remained in the Republican fold. ^[20] In 1913, Payne was elected to the state Republican committee as a representative of the majority (progressive) wing of the party. ^[20] In 1914, he was an unsuccessful candidate for the Republican nomination for a seat in the South Dakota Senate. ^{[21] [22]} Payne also carried out an appointment as a special assistant state attorney general in 1914. ^[23] In addition, in 1914 he was one of the original incorporators of a speculative venture, the Mexican Oil Transportation Company. ^[24]

In 1915, Payne was appointed first assistant state attorney general, and he served until January 1919. ^[25] In 1916, Payne was an incorporator of another Mexican oil venture, the Queen Oil Company. ^[26] In 1917, he was appointed to the board of directors of the Bellefourche & Northwestern Railroad. ^[27]

Attorney General

In 1918, Payne was a candidate for the Republican nomination for Attorney General of South Dakota. ^[28] He won the May primary, defeating Harlan J. Bushfield, Howard G. Fuller, and two other candidates. ^[29] He easily won the November general election, defeating Democrat Joseph J. Conry and independent candidate Seth Teasdale. ^[30]

Payne was a candidate for reelection in 1920. ^[31] He was unopposed for the Republican nomination, ^[31] and defeated Democrat Peter Ward and independent O. M. Burch in the general election. ^[32] He was not a candidate for reelection in 1922, ^[33] and served from January 1919 to January 1923. ^{[34] [35]} Payne was succeeded by Buell F. Jones. ^[35]

Later life

After leaving office, Payne resumed his law practice and business interests, including serving as president of the First National Life Insurance Company. ^[35] From 1927 to 1934 he served as an Assistant United States Attorney for the District of South Dakota. ^[19]

In 1940, Payne won election as Hughes County State's Attorney. ^[36] He was reelected in 1942. ^[37] He did not run for another term in 1944, and served from January 1941 to January 1945. ^[38]

Death and burial

Payne died in Pierre on May 30, 1949. ^[39] He was buried at Riverside Cemetery in Pierre. ^[39]

Family

In August 1910, Payne married Jessie Blanche Mallery of Pierre. ^[40] They were the parents of two daughters, Elizabeth and Janet. ^[19]

References

External links

• Byron S. Payne at Find a Grave