The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-09-19
Test Case In Court

Test Case In Court
,(Ry the Associated Press.)
Oklahoma City, Sept. 19.-Martial
rule over Oklahoma appeared rapid
ly to be approaching climax today.
Offensive momentarily is taken in
Tulsa, where Governor Walton's au-
thority to suspend the right Of
habeas corpus will be tested.
Adjutant General Markham, COM
mander of the military forces. has
been ordered in district court a. wit
ness why the three military prison.
ers should not be released. Wheth-
or the adjutant vii obey remains in
doubt due to the question a. whether
the civil authorities are subservient
to military.
Meanwhile legislators are gather
ing here to perfect plans for an ex-
traordinary session in defiance Of
Governor Walton. No secret is made
Of the fact that If it convenes i'm
parchment proceedings will be insti-
tuted against the governor should
sufficient basis be found.
Despite the executive threat to
imprison all lawmakers who attempt
to hold special sessions because 1T
would interfere with his tight against
he Klan," assemblymsn declared that
they were within their rights and
that the session will be called as
soon ~ tht 1fgnsture Of y majority
Of members Of both houses can be
obtained. Announced plans are for
the legislature to meet a. an inquis-
itorial body to Investigate the con-
dition in the state" No effort is
being made to convene for legisla-
tive purposes, it was said.
Sponsors Stand.
Sponsors Of the special session,
however, take the stand that the
house can meet upon petition of a
majority of the membership without
the governors consent and form an
inquisitorial body to investigate coz.
ditions in the state both public and
private.
Declaring that the movement is \
fight to determine whether the gov
ernor is a dictator, or whether this
is a state Of executive, judicial and
legislative government" promoters
of the plan announced that major
ity Of the lower house already has
consented to the meeting, 81 men,
bers, they declare, having responded
favorably to the call.
II the military guards stationed at
the door Of the house and senate
chambers prevent the use of these
rooms. 1t was said, the lawmakers
probably would gather on the steps
of the state capitol.
Should the meeting be interfered
with. it was said, the state supreme
court would be asked to intervene.
Another course open is 90 seek rul-
ing from the supreme court before
an attempt Is made to convene the
body, putting up to the court the
legality Of the session call.
An attempt to impeach Walton
would not be without opposition as
the governor has strong supporters
in the Legislature.
Action Of Governor Walton in lift
inf the bsn on the stNte fair which
is scheduled t. be held in Oklahoma
City September e2 to 20 was the
most important announcement Of the
day emanating from military head
quarters here.
Press Hits Governor
Oklahoma City, Sept. 19.-(By the
Associated Press)-A statement de-
claring that the proclamation dh
Governor J. c. Walton placing Okla
homa under martial law ais a libel
against the whole state was issued
last night by E. K. Gaylord. publish
er of the Oklahoma City Daily Ok
lahoma and Times.
He asserted that the governor was
seeking publicity to further his in
tended candidacy for president of
the United States on an anti-Ku
Klux Klan ticket.
SAP ~ Flogged
Tulsa, SApA lo.-(By the Asso-
ciatsd Prsss} Officers Of the mill
tary commission appointed by Cow
srnor Walton in mid-August TO in
~estigats floggingp in Tulsa county,
last night ontlihS6 their work from
the beginning to the present time in
m interview granted The Associat-
cd Press. In the presence Of IN offi-
cial military reporter.
More than one hundred cassg Of
mob violence. some ~ hooded men,
have come - the attentien of the
investigators. thsy said, and fmofs
than SsOo0 Passs u testimony has
been pFepare& fof snhmission "a
the attorney gensrel 81 Oklahoma,
Approximately 80 witneiioss 4swho
have sxp11ienesd tAses 4lAkgines IL
(opAtlnpsd - Rage 81