The Birmingham age-herald., 1922-12-10
WHITE CLAIMS HE
 WAS kU KLUXEp
 BY KANSAS COURT
Case Against Editor Dismissed Upon Motion of State At- torney-Judge Declares
 Wrong Done Author
By Associated Press

Emporla, Kan. December 9.-The states case against William Allen White, Emporia editor, charged with violating the industrial court law by placing placard in the window of his newspaper, was dismissed this afternoon In district court, Judge w. c. Harris presiding. Mir. White ap peared at the court with his attor- ney.
 In dismissing the case. Judge W. c. Harris declared the rumors aris- ing from the states refusal to bring the case to trial had done White an injustice and tho judge flayed the administration of Gov. Henry J. Allen for the way in which the case had been handled.
 This case was commenced mali ciously or recklessly without investi- gation to ascertain whether the prosecution was Justified" the judge said.
 Was ''fxu Ixluxed"
 White, in statement after the hearing. declared he had been "Ku Kluxed" and by court that did HOI nave In6 BulS lO puAl Oul tASii shirt tails and give Ku Klux pa- rade."
 R. M. Hamer. attorney for White, asked Judge Harris If he would make a statement as to whether White had been done an injustice by the admin istration's actions.
 After reviewing the information and citing the fact that three times MT. White appeared demanding trial and three times the state refused to try him, asking continuances. Judge Harris said:
 "The state has legal right to a dismissal of It's case, but it is a great wrong to charge a person with a criminal offense and humiliate him by arrest maliciously or without probable cause the lay mind assocf- ates arrest with guilt. The court is forced to the conclusion in this case, by the conduct of the moving party, that this case was commenced malioiously or recklessly, without in- vestigation of the facts to ascer- tain whether prosecution was jus tified and in either event the action was equally reprehensible.
 In Embarrassing Plight
 "A defendant in criminal prose- cution is entitled to fair treatment. do not think the defendant in this case has had 1t. He Is left in most embarrassing position"
 Judge Harris emphasized the wrong that had been done Mir White by reciting rumors which the state's s persistent refusal to try him had started.
 Judge Harris said:
 "The case will be dismissed on the application of the state al it's cost. ;
 "Of course. I am bitterly disap- pointed on the outcome of this case, Mir. White said in a statement this evening. q was arrested during the late railroad strike for posting In my window n placard declaring half way sympathy with the strike in which I did not wholly believe. The governor had ordered all placards 6own. I defied his order in order | to test the case in the court because good lawyers said 1t was an Illegal order. The test was brought be- cause I felt that Governor Allen In his anxiety to make the industrial court function, overstepped the law in his order forbidding an outside party to the controversy to express any temperate opinion about the con troversy and because I sincerely feel it was against good public policy. | The point l raised never has been | decided in the courts. Here was | chance to decide it.'