Capital journal. (Salem, Or.) 1919-1980, 1922-08-17

In connection with this Tennes-
see statute, it is interesting to
note that the leading case, report
ed in the state, based on the act
fully sustained the statute. In
the case of Walpole against the
state. Baxter 369, delivered in
1878 by a supreme court composed
entirely of democrats, with sew
eral Confederate soldiers the
court held:
1T Is apparent that the object
of this statute was to repress d
great evil which arose in this
country after the war, and which
grew to be an offense of frequent
occurrence, that of evil-minded
and mischievous persons disguis
ing themselves to terrify or to
wrong those who happened to be
the objects of their wrath or re-
sentiment. This was a kind o.
mob law, enforced sometimes by u
multitude Of vagabonds, who grew
to be great terror to the people
and placed human life and prop
erty at the mercy of bad men,
whose crimes could scarcely even
be punished because of the dis
guises under which they We're per-
petrated.
In closing its opinion the court
said.
The penalties of violation OF
this law are severe, but they have
proved themselves wholesome in
the partial suppression already o.
one OF the greatest of the disturb
ing elements of social order in this
state, Affirm the judgment"
Will Control Lawlessness.
III every state in the UNION Will
pass law along similar lines to
the above Tennessee statute, there
viii be no Ku Klux parades, no
midnight burnings OF the fiery
cross. and no repetition of the
tar and feathers occurrences that
have been prevalent in the state
OF Texas. l think that there
should be a modification, how
ever. Of the Tennessee statute,
making 1t a mlsdemeanor to go
about disguised in the daytime,
and felony at night,
There are already enough laws
ON the statute books OF the states
against mob violence. assault.
murder, mayhem and other crimes.
and the enforcement of these laws
will go long way toward killing
the masked terror" No law,
however, is enforceable unless
public sentiment is behind it, and
II the public officials, especially
the shehiff's forces and the city
police departments are filled with
men sworn to obey "uncondition-
ally" the orders of the invisible
empire" and to use amy and all
justifiable means and methods" in
the accomplishment of the Ku
Klux program even public senti-
ment can do but little. In this
connection, l want TO call atten-
tion to an editorial which appear
ed in the Searchlight, the official
organ OF the Ku Klux Khan. un-
der date Of July 2S, 1921, which
reads;
Comment of Klan.
ut is sometimes amusing to
note the ridiculous situations
which ignorance oftentimes leads
men. even of more than average
intelligence. For instance, II
is amusing to members
OF the Knights OF the Ku Klux
Khan TO hear a judge instruct
grand jury TO probe that organ
lzation because of Its lawlessness
and characterization. when they
Snow that anywhere from a third
o one-half the members OF the
rand Jury are members of the X.
(. X, and know that the soou
udgs is all uneonsciously making
n ass OF himself by attempting to
xpress an opinion on a subject
lat he knows nothing about"
The attempt of the Ku Klux
Ian 70 enlist the police authori- /,
ss In Its organization and bind /