Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-12-19
Another Federal Officer De-
capitated by the President.
u. s. ATTORNEY BAXTER
HIS RESIGNATION EXPECTED FOR
ACTION IN cATrLEMEN CASE.
Alleged Laxity in Prosecuting the
Action-U. S. Marshal Matthews
the First Victim.

The decapitation OF various federal OFF,
Gals by the administration Is proceeding
with swiftness and gleefulness that Is
heartrending to those who are recipients of
the official ak.
The President a few days ago directed
Attorney General Moody to ask the resig
nation OF Irving F. Baxter. United States
attorney of Nebraska, and this resignation
Is expected any day. The announcement
that Baxter has been asked to disconnect
himself from his official position has Gre
ated a great sensation among the Nebraska
senator's and representatives, who have not
yet got through discussing the summary re-
moval from Office of Trevanyon l.. Math-
ews, United States marshal of that state
Mathews was removed a few days ago In
with the case of Comstock ana
Richards the wealthy cattlemen VINO were
tried on the charge Of fencing and using
government lands.
The removal of Baxter grows out of the
same case The administration Is of the
opinion that Baxter, who has been in office
less than year, and was appointed De-
cause of strong recommendations of his up
rightness, did not prosecute the case OF these
men with the vigor that could have been
shown by him. and that he failed to make
the most of the case he had. That is as far
as the public is allowed to know of the
situations that he has been identified with
interests friendly to the men on trial.
The First Victim.
The cases of these cattlenen were worked
up by Secretary Hitchcock, who was sure
of securing a conviction and a long sem
tence. When the conviction was of such a
nature that the men received sentences of
fines and six hours in confinement the Sec
rotary of the Interior and the President
were disappointed. They felt that there had
been something wrong somewhere. The
first person to fall victim in the case was
Mathews. who in carrying out the sentence
OF the court. did not place the men in Jail
for the six hours named. but paroled them
in the custody of their counsel. on condition
that they be kept in a room for the time
specified. Although this was done the At
sort of way a sentence should be en-
forced. A big effort was made to have
Mathews reinstated. many. Nebraskans
claiming that he had done his duty as he
saw it. and had no intention of showing
special fayors to the men under sentence
Baxter Is the second victim of the case
For him the claim is made that if there
was any fault in the Iightness of the SEN
tence it was with the twelve jurymen. and
not with the United States attorney. who.
1t Is declared, did the best he could under
the circumstances.
Senators Willard and Burkett of Ne
",
When asked about the case of Mr. Baxter
they said they could not talk at this time
they did say that they had recommended
to the President the nomina ton of William
T. warner OF Dakota City, Neb., as United
states marshal to succeed Mathews. and
that the President would send In his name.
to the Senate, which was done later in the
day. Warner Is state chairman of the Ne
praska republican committee and is a law
yer. The two Nebraska senators also rec
commended Edward Rosewater of Omaha
as one of the delegates nom the United
states to the international postal union
An Indian Territory Nomination.
1t has been decided by the administration
that William B. Johnson. United States at
torney of the southern district of the In
dian Territory, will not be removed from
office. as contemplated. but that he will be
allowed to serve out his term, which ex-
pires January Ia next and he will not then
be given another term. There were charges
pending against him. number Of men
have been recommended to succeed him
Senator Long of Kansas and Senator War
ner of Missouri. who have undertaken to
become pair of political fathers for the
Indian Territory, have recommended j. L.
Allen of Muscogee for the position. OBJ
lection is made to Allen. however, on the
ground that he lives in another part of the
territory and should not be credited to the
southern district.
attorney of the southern district, was pre-
scented to the President today as a candi-
date for the coming vacancy. He was in
troduced by Representatives Rodenburg
and Sterling of Illinois, who asked for his
nomination. The President said that he
would give consideration to the recommen-
dalton.
Representative Bingham of PENNSYLVANIA
was at the White House with Mr.. McCoach
collector of internal revenue at Pfdladel-
phia.
Presidential Nominations,
The President today sent the following
nominations to the Senate:
Treasury-Assistant treasurer at Philadel-
phia, Joseph Bosler. Pennsylvania.
Collectors of misunderstanding A. Camp
bell. district of Humboldt, Cal; David g.
Clark, district of Delaware: Levi M. WILL
cuts, district OF Duluth. Mimi; Joseph B.
Stewart. district of Richmond Va
Justice-Justice of the Court of Claims,
Stanton j. Peelle Indiana.
Judge of the Court of Claims, Samuel s.
Barney. Wisconsin.
Marshal-William P. Warner. district Of
Nebraska.