The Washington herald., 1922-11-28
WAL LsH urges.
ACTION BYU.s. +.
AGAINST kLAN
Massachusetts, Senator Asks
Prosecution by Daugherty
| Under the Conspiracy Laws
RECALLS |. W. W. CASES
Established Right Of Govern
ment to Intervene for Sup
preston Of Order, He Ayers
BY Universal Service.


Federal prosecution of the Ku
Klux Klan under the laws against
conspiracy, and in the same man.
ner as the l. W. w. cases were
prosecuted, was recommended to
Attorney General Daugherty yes
terday in a letter sent to him by
Senator David l. Walsh, of Massa-
chusetts.
CITES OUTRAGES.
Senator Walsh cited a long list
OF outrages alleged to have been
committed in various States and
demanded that the Department of
Justice begin a nationwide cam
paign against the order. The Sem
ator based this demand upon infor-
nation supplied him in letters from
q former assistant district attorney
Of one of the western States and
from a leading attorney in Texas.
Copies OF which he sent TO Mr..
DauSherty.
The letters. Senator Walsh in
formed the Attorney General, more
definitely indicate the manner in
Khan should be suppressed than any
practical legal suggestion that has
yet been made"
In the letter from the former as
aistant district attorney, it is point
ed cut that the several States are
unable TO successfully hanule lne
situation for want of proper laws.
The right of the Federal govern
ment, however, to intervene under
the conspiracy laws is set forth,
anu IIIC roIrOwInS plan Is recoIn-
mended:
The Department of Justice could
lnSo1dJt -.., u4sitrIcI attorneys IN
those JIirisuIctIOns where the hlan
has carried on ITS activities to in
Dict the organization under the
sIa uICs as UvnIg "a criminal con-
srIIacy 40 prevent certain classes
OF citizens from exercising their
rights and privileges under the
Constitution ana laws OF the Unit
Ell SId,es and name in the lndlct-
ment the known members OF the
organization 50 committing overt
acts in furtherance o fthe con-
1piracy.
In.s was the method adopted
by the Government al hanuIInS
the l. w. W. conspiracy. The or
ganization was charged with be-
ing a conspiracy and when that
fact was established, every per-
son belonging to il was subject
TO punishment. and all the Govern
ment had to do after eS,aUnsI4Ing
the conspiracy against the organl-
Eation was to prove that the I'eT-
sons under indictment belonged
70 IL.
INDICTMENTS ASKED.
The former prosecutor suggests
that the President issue a procla-
nation calling upon the klAn to
disband within q certain period
As u l,recvuenI tor TINS action, he
cites the action of President Grant.
IN issuing such proclamation
against the old Klan in 1871,
which caused the dissolution of the
organization.
Indictment of the national Off
Gers of the klan at Atlanta, to-
gether with the local officer Of
The organization in Kansas. Texas,
Oklahoma and other States where
crimes have been committed is
also suggested by the former
prosecutor. The letter adds:
Conspiracy is a transitory
crime and can be moved from
one place TO another. and pur-
tshed in any jurisdiction where
any one OF the parties to the
conspiracy commits an overt
oct. II will not do very much
good to proceed against an i1-
dividusl kluxer here and there.
The way to go about it is to
1ndiCt the national officers
sioug With individual members
and local officers, and thus get
n the root of the matter. Any
district attorney who is compe-
tent TO hold the job can write
an indictment that will put the
Khan entirely out of business.
This should be supplemented by
a proclamation against the order
by the President, and there will