The Birmingham age-herald., 1923-04-08
KU KLUx KHAN PUT IN
 COMMISSIONS HANDS
tCOn tinued from Page Onc)


 sel for Colonel Simmons, offerd an other amendment to the original pc tition proposing to make the k | klux Klan a defendant in the case Over the strenuous objection of Paul Etheridge, imperial klonsel of the klan, representing the Evans fac tion, the court accepted the amend ment and announced his order plac- ing the affairs of the qlan in the hands of the three-man commission
 To present any change in the af- fairs of the organization. until it is decided who is actually the legal i'm perial wizard. the courts order pro vided that the commission should take charge of all affairs of the Knights of the Ku KluX Klan, mon eys, properties and records whatso- ever, with full and complete author ity to operate the affairs of the cor poration IS they were being operated and the corporation conducted imme diately prior to April ?, 1923" Each member of the commission was in- structed to give bond of 5000.
 In the trial of Ackinnon and Fur ney for alleged larceny after trust of funds belonging to the klan, it developed that the checks and money had been removed by the klan off cials to pretent it's falling into the hands of Emperor Simmons and his adherents when they obtained con trol of imperial headquarters early in the week. The money and papers now are in the custody of the court, 1t was brought out.
 Visit to Palace Described.
 Details of the visit to the palace were given by W. H. McElry, a mem Der of the klan and one of the Sim mons adherents. He testified that working under instructions" on the night of April 2 he obtained the keys to<McKinnon's desk and the combi- nation to his safe. He said the pa pers were missing when he opened the safe. He said his instructions were obtained from H. J. Norton. king kleagle of Georgia and Colonel simmons personal representative that ight.
 A question by counsel for Me kinnon as to. what he would do if he were in charge of approXimately ly $60,000 and you heard that a raid of business" was ruled out on objec- tion of opposing counsel.
 simmon. on stand.
 Emperor Simmons was placed on the stand in the Furney hearing and testified that on the night of April l he called on Mr. Furney to advance him total of $9.000, which was sal ary as emperor. in order to meet personal obligations, and that Eur ney refused to give it to him. On cross examination he could not re- call that he had told Furney he was going to rule the Ku Klux Klan or ruin it-Y He declared he had not outlined to Furney his plans for talk ing over the kIan.
 Furney in an unsworn statement stated that Colonel Simmons came to him the night preceding the issuance of the temporary injunction placin 2 the Simmons faction in control of headquarters, and said he had to have S9.00O and If it wasn't coming to him immediately he would get 800 men if necessary and raid the palace"
 Colonel Simmons was the only one Of the leading officials of the lllan present throughout the Various court proceedings. He appealed satisfied with the court order placing the af- fairs of the organization temporarily in the hands of a commission, and his only comment was:
 Well, we now have two wizards instead of one.'
 No statement was forthcominp p from representatives of the Evans faction.
 Sensational charges that the pres ent legal battle to oust him from control Of the Knights of the Nu KluX l\lan was conceived and is be- ing engineered by Edward Young Clarke and Mrs. Elizabeth Tyler Grow, former associates in the prop agation department, of the klan. were made early tonight by pr. IT, w Evans. imperial wizard of the organ ization.
 Dr. Evans simultaneously made public copy of telegram he said he sent to Tom Akers. an imperial official from Washington last Mon clay night before he was aware of court action being taken, instructing Mfr Al:ere to cali convention oI klarSmcn from every state in the uhions to ae he'd in Atlanta in the near future for the express purpose of considering the advisability of or, ganlzing woman's auxiliary to the klan.
 Clarke recently retired from the kian, rendering his resignation to the imperial wizard. Later proclama tion was issued from the imperial palace saying that flor the good of the order" Clarke was no longer rec ognized as an official of the ltlan Federal authorities are now seeking him on an indictment charging hin with white slavery in Texas, ant another true bill charging him witl using tine mails to defraud.
 Mrs. Grow. better known in klan circles as Mrs. Elizabeth Tyler, re tired from the lslan about two years ago, after sensational charges hat been preferred against her by Clarke Her resignation followed an alleged attempt to assossinate her at hel home near hsss.
 AI