Show WILL NOT RESIGN but admits that the president may remove him omaha neb dec 21 the omaha bee tomorrow will announce that ir ring F baxter will be summarily removed from the office of ir S district attorney for this district by order of the president mr baxter refused to confirm or deny the statement sir baxter however made public tonight a letter which he sent on december to the attorney general in reply to one asking tor his resignation in gifts reply mr baxter said having faithfully and honestly performed the duties of the office to which I 1 was appointed in april 1904 for a tour year term and being in no way responsible for the sentence imposed in the richards and comstock case out of which the request for my resignation has come I 1 decline to resign while I 1 am mindful of the presidents power to summarily remove me I 1 cannot under the circumstances recognize the justice of such act by tendering my resignation the removal of district attorney baxter is one of tho results of the prosecutions started by tho government three years ago of nebraska cattlemen tor illegally fencing the public domain bardlett Barl lett W E comstock two of the in the state on the charge of about acres of they recently entered a and were fined each Byu uge W H mungar and sentenced to ix hours in the custody of the IT S marshal U S marshal mathews deputy seized the prisoners to carry out the latter part of the sentence and the time is said to have been spent at the omaha club the president is said to have been dissatisfied with the results of the prosecution and week before last marshal matthews was removed and last week the resignation of district attorney baxter was asked tor |