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"Why have we built up a complicated system of justice, except to protect indicted citizens?
"'Those eyes that see everything' and 'those ears that hear everything' have evidently missed the Magna Charta, the Bill of Rights, the Declaration of Independence and the Const.i.tution of the United States.
"Once more they would thrust us back on the evidence of pa.s.sion, and conviction by emotion.
"Once more they would rob the defendant of his right to be heard, to summons witnesses, to appeal to an impartial tribunal.
"Once more they would have punishment decided upon and inflicted by a council that cannot be held accountable.
"Once more they would expose everybody; whether criminal or not, to disguised tyranny.
"And they call it Americanism--this semi-barbaric horseplay that gives its victim no chance, that comes upon him unawares, that shuts his mouth and overpowers him by force.
"Innocent, or guilty, he has no privilege but to accept the inevitable, and that is what they call loyalty to their country and their country's inst.i.tutions.
"Two women have been stripped and flogged, and this they say was done in the name of chivalry.
"Their names are written on a secret roster and their faces are covered, and this they a.s.sert is in keeping with those traditions of frankness, candor and open dealing which have been essentially characteristic of the United States.
"'Those eyes that see everything' and 'those ears that hear everything' are evidently blind and deaf to the great struggle and dearly bought experiences by which Anglo-Saxon civilization has struggled from a state of tribal law to organized justice.
"A law that cannot be written is not fit to enforce. A charge that cannot be proved in an open manner is not fit to be made the basis of punishment.
"Persons who will not make accusations in the daylight are not fit to be believed.
"A theory of justice that does not afford the accused any time or right of defense is not fit to be defended.
"We are face to face with a mad conception of government, with an impossible basis of law enforcement.
"There can be no compromise with it, no half-hearted att.i.tude. Either this idea of a secret cult purveying the morals of the people must go, or the sovereignty of the State will cease to exist.
"When a legislator defends the 'Invisible Empire' his allegiance is manfully divided. He is serving two masters--one of them created by the people, the other by a cla.s.s within the people.
"True loyalty permits of no such divided allegiance, true patriotism recognizes but one master. Unless the overthrow of this government is intended, there is no place or excuse for the 'Invisible Empire.'"
CHAPTER XIV
SIMMONS FORCED TO ACT
The cases of lawlessness set forth in the foregoing chapter have been laid at the door of the "Invisible Empire," but "Emperor" Simmons has denied that the acts involved were committed by members of his organization.
There have been, however, three specific cases where outrages have been _proven_ to have been committed by members of the "Invisible Empire," and in these cases the "Emperor" has been forced to take action against his own Klans, revoking charters in two instances and suspending the charter of the third. This action on the part of the "Emperor" has been extensively advertised by him as a guarantee of good faith that he intends to keep his "Invisible Empire" free from the control of lawless characters; but, public opinion, in the shape of widespread editorial comment of leading newspapers, does not agree with his point of view.
Editors agree that no matter how altruistic may be the claims of the "Invisible Empire," a movement of secret government, acting extra-legally cannot be held in control; and it having been demonstrated in three specific instances that the Ku Klux Klan has been guilty of lawlessness, thus necessitating the "Emperor's" summary action, it follows that the whole system has no place in American affairs.
Believing that these developments in the Ku Klux situation fully sustain my position that the "Invisible Empire" is not a fraternal order, but a combination seeking to govern the American people by intimidation and force, I shall take up these cases in detail, the facts in each instance having been fully verified by the _New York World_ in its investigations.
The first instance of lawlessness developed in Mobile, Ala., when people of that city awoke one morning in the spring of 1921, to find Ku Klux warnings on many billboards, trees, and telephone poles, and in other public places. Most of them laughed, but some of the negroes took the signs seriously and prepared to leave the city. A Northern exodus was threatened, but with all the excitement the newspapers of the city remained silent, not even printing the notice found stuck up about the place, although a New Orleans paper carried the story which was read by the negroes of Mobile. Fearing the action of public opinion, "Emperor"
Simmons revoked the charter of the Mobile Klan.
The warning read:
"Law violators! This is the first and last time that we will warn you! You must either heed this warning or take the consequences, for if you have any doubts in your mind that you will not be able to comply with the laws of this city and county then you had better leave at once; 'for be ye well a.s.sured' that we will attend to you without fear or favor.
"This warning is for the taxi drivers, street smashers, bad women, s.h.i.+nny dealers, gamblers, thieves, loafers, and any and all violators of the law. We know you and have your names, and should you violate one of the laws after receiving this warning be ye a.s.sured that we will attend to you without hesitation, as the laws of this county must be complied with.
"No law-abiding citizens need fear anything from this organization for we stand back of the laws and see that they are enforced regardless. This is no negro whipping organization, but should occasion arise, be ye a.s.sured that we will not hesitate.
"This warning also applies to colored doctors. Seventy-two hours after this notice you must have the word 'colored' posted on your sign. This waiting on white patients must be stopped. We know you, and the next case that you attend don't blame us, as you have been warned.
"Bad women, you must obey the laws or then you must leave the city.
This county shall be clean. Married men, you must look after your families and quit carousing; violation of this warning means unhealthy steps for you.
"We stand for the chast.i.ty of womanhood, peace and harmony in the home, law enforcement and protection of our homes and our families.
Mobile County must be clean. Law violators, this means you.
"We are one hundred per cent Americans, and stand back of law enforcement, regardless.
"We do not fight anyone on account of their religious scruples nor will we tolerate same regardless.
"This warning is for those living in the jurisdiction of the Klan, and we are here twenty-five hundred strong to see that these warnings are carried out. Your next warning will be in person.
"(Signed) The Ku Klux Klan, Mobile City and County."
If the Mobile Klan really had twenty-five hundred members at the time its charter was revoked, it means that it had paid $25,000 into the coffers of the Ku Klux agents, to say nothing of some $16,000 paid to the Atlanta office for robes. It seems rather unkind of the "Emperor" not to have allowed the Mobile outfit something in return for its heavy outlay. Had it been permitted to continue, it could easily have beaten and tarred and feathered a few helpless women, driven out of town some of the taxi drivers and gamblers, and mutilated a few negro men. As it turned out, the Klansmen suddenly found themselves "all dressed up and no place to go,"
and in pretty much the same position as a lot of little boys who have been playing pirate and whose stern parents ordered them to come home.
The second instance of admitted lawlessness on the part of the national organization occurred at Pensacola, Fla., and was a particularly brazen attempt on the part of secret mob government to a.s.sume to enforce its own laws. About half past eight o'clock on the night of July 8, 1921, a delegation of the local Ku Klux Klan drove in automobiles up to the cafe of Chris Lochas, three cars loaded with Klansmen, wearing white robes and helmets, while other cars, similarly filled, stopped on the corner of the street. Three members of the Klan walked into the cafe and handed a letter in an envelope to Lochas. The message read:
"You are an undesirable citizen. You violate the Federal prohibition laws, the laws of decency, and you are a running sore on society.
"Several trains are leaving Pensacola daily. Take your choice, but don't take too much time.
"Sincerely in earnest."
When the letter was handed to Lochas, Captain Harper of the Police Department was standing inside the cafe, talking to the proprietor. Lochas opened the letter, looked at it and put it into his pocket, and thinking the matter a joke paid no attention to it. A few minutes later some negroes, who had seen the members of the Klan and recognized them for what they were, came into the cafe and their stories of the Klan caused Lochas to examine the letter more carefully and show it to the police. After delivering the message, the three members of the Klan walked out of the cafe, entered their automobiles and the three cars drove away into the night. The street was crowded at the time of the visit and hundreds of people saw the men in white robes halt their cars in front of the cafe and on the street corner, saw the messengers enter and leave the cafe and saw the cars drive away. In addition to the police captain who was on the inside of the cafe, a uniformed policeman was on duty immediately outside the door, yet neither the police nor any person present noted the license numbers of the cars or made any attempt to interfere with the visitors.
The _Pensacola News_ in an editorial printed July 9, 1921, said:
"Good citizens expressed themselves freely today concerning the occurrence of last night and were unanimous in the opinion that in a community where the courts are open and where the law is enforced by officers chosen by the people, there is not the slightest justification or excuse for any oath-bound secret organization, setting itself up above the law and usurping the functions of the duly const.i.tuted officers of the Government, meeting in out-of-the-way places, acting in secret, and moving in disguise, setting up its own standards of right and wrong, acting as accuser, witness, judge and executioner, and that the activities of such an organization will not be tolerated in this community even if it should become necessary to appeal to Federal authorities and invoke the aid of the Government secret service men to arrest its activities.
"The opinion was freely expressed that if one body of men acting in secret can command a resident to leave the city under a veiled threat of personal injury, because the organization conceives the idea that the man is violating the prohibition law, another secret organization of men has an equal right to invite a young woman to leave town because perchance she might go in bathing in a bath costume not in accordance with the views of that organization; and another secret organization of men might call an employer to his door at midnight and give him a warning that he must raise the wages of his employees or grant them shorter working hours, or suffer personal violence.
"The activities of last night have been reported to United States, State, and county officials, who are considering what steps to take in the matter. It is made a criminal offense by city ordinance for any persons to appear in public in disguise, and police officers have been instructed to arrest any person appearing in public in disguise.
It is made a crime against the United States for two or more persons to conspire against another to deprive him of his civil rights, and it is made a criminal offense by the laws of the State for two or more persons to conspire or confederate to commit a breach of peace, and the State laws prohibit a rout, which is defined to be the a.s.sembling of three or more persons for any unlawful purpose. It is believed that the laws of the United States, the State and the city are ample to arrest the activities of any secret organization of the character mentioned."