Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1923-04-05
INJUNCTION ORDER
MODIFIED; SHERIFF
RULES At PALACE

! All principals in the controversy
: between Colonel William Joseph Sim.
mons and DR.. H. w. Evans ct al,
over control of the ku Klux Khan,
i were in Judge E. d. Thomas court
Wednesday afternoon at 3 o'ciock,
the hour when the hearing was to
begin on the modified order issued
early Wednesday morning by Judge
Thomas placing Sheriff James I.
Lowry is complete charge of all
physical property of the Khan.
simultaneously with the order
placing Sheriff Lowry in charge of
all khan property, Judge Thomas is
! sued rule nisi requiring Colonel
Simmons to show cause why his
original injunction proceedings
should not be dismissed.
Judge Thomas order was issued
at o'clock Wednesday morning.
Sheriff Lowry Immediately went to
the Khan headquarters on Peachtree
! road and took charge of all physical
property. placing Deputy Sheriff J.
l.. Mi.am in charge. All of the Sim
mons faction left the headquarters
after the sheriff took charge.
Midnight Appeal Made
The order early Wednesday was is
sued by Judge Thomas when Paul
Etheridge and other attorneys rep
resenting Imperial Wizard Evans
appeared before him after midnight
and presented arguments denying
the allegations of Emperor Simmons
in his prayer for injunction Tues
day. They charged gross misrep-
reservations" were made in the Pc
tition of Colonel Simmons.
DR.. Evans, the imperial wizard,
returned Tuesday night and de-
cision wac made to go before Judge
Thomas following conferences with
headquarters officials.
In discussing the latest turn in
khan affairs, DR.. Evans said 1.-The
issue would be settled, once and
for all, as to whether the knights
OF the Ku Klux Khan is an insti-
tuition to be conducted by one in
dividual for his private finan-
cial gain, or a great American
fraternal order the affairs of which
are in the hands of it's members.
! Attorney Ben III. Sullivan, repre-
| senting Colonel Simmons, said the
modification issued by Judge Thomas
was entirely satisfactory to his client.
He said it relieved Colonel Simmons
and members of his faction from
maintaining order at the khan head
quarters, and also of accounting for
all records.
Attorney Sullivan said Sheriff
Lowry was placed in the same posi-
ton as a temporary receiver and as
such would have to give an account
ing of all khan transactions during
the time he was in charge.
Confident of Victory
II haven't had time yet to fully
read the answer of DR.. Evans At
torney Sullivan said, "but the order
issued this morning by judge
Thomas is entirely satisfactory to
us.
1.-The advancement of the time of
the hearing also is satisfactory and
we will be prepared to show cause
why the temporary injunction should
be made permanent when the hear
ing is called"
Colonel Simmons was not at the
palace at the time the order was
served. The Simmons faction did
not attempt to interfere in any way,
with the action of the sheriff ard
his deputies.
ColOnal Simmons could not be
reach I'd Wednesday morning for a
statement. Persons at his residences
declared he was "out" and that
they had no idea what time ne
would return.
"Kamelia" Started Row
The controversy between Colonel
Simmons and Wizard Evans was
precipitated when Or. Evans issued
a proclamation prohibiting klansmen
from affiliating with "Kamelia,"
woman's order launched by Colonel
Simmons as an auxiliary to the
khan. The proclamation, it is said,
threatened klansmen with Danish
ment from the order as a penalty
for any who disobeyed the order.
Colonel Simmons, in obtaining
his temporary injunction, set forth
that he was the imperial wizaI6
of the khan and that DIR. EVars
merely was acting imperial wiz.
ard" He declared that the original
charter granted him full control of
all action Of the khan, and that DR..
Evans and other officials of the
order were obstructing him in his
duties.
Following Judge Thomas action
in granting the temporary injunc-
ton. Colonel Simmons appointed Or.
Fred B. Johnson, a well.known
Texan, to be his chief of staff. DIR.
Johnson and other officers named
by him, took charge Of khan head
quarters early Tuesday and held
control until dispossessnd early Wed
nesday morning by Sheriff Lowry
In addition to DR.. Evans the petit
ton named as respondents several
local banks and the following other
officials Of the khan: F. L. Savage,
chief of staff, and II. c.. Montgom-
cry, H. K. Ramsey, Brown Harwoou,
Tom Akers. T. j. Mckinnon and
n. N. Furney.
Local banks which were restrain.
ed from paying out any money be.
longing to the khan, except on the
order of Colonel Simmons, are: the
Lowry Bank and Trust Company
of Georgia; The Citizens and South.
ern; The Atlanta Trust company and
the Georgia Savings Bank company.
Power Company Safe