The Birmingham age-herald., 1923-11-07
WALTON ASKS U. 5. COURT ID SOLONS
 Oklahoma Executive Charges
 He Is Unable To Get Fair
 And Impartial Trial Before
 Court Of Impeachment SAYS LEGISLATURE AND KHAN ARE IN CONSPIRACY Hearing On Application For
 Writ Of Subpoena Set For "Wednesday In Federal Court.
 Death Threat Only A Joke

OKLAHOMA CITY, Okla, Nov. G. (By the Associated Press .)-Governor J. c. Walton took his cause to the federal courts today in an effort to
 invoke government intervention In
 the series of tangled events which
 has marked the political life of Okla
 homa for the last several months.
 On the outcome of the action is ex-
 pected to depend the question of whether the impeachment proceed ings against the executive will be
 soon disposed of or whether they will
 drag through the slow processes of law to a final decision by the United
 States supreme court. If the latter condition obtains, observers saw to- night many unexpected complications in the situation that would be unpre- cendented.
 The governor sprang his latest spectacular move by applying in United States district court at Law
 ton for a writ of subpoenas charging
 that the state legislature participated
 in conspiracy with the Ku Klux | Klan to remove him from office. O o O
 Hearing Tomorrow.
 Hearing of the action was set for tomorrow afternoon after Judge John H. Cotteral had refused to consider
 the application immediately in order to 1T lit pr$oer notification of all i Wsrf
 The petition asks the court to hear
 the executives charges that he Is un-
 able to obtain fair trial before the
 senate court of impeachment and if
 his charges are sustained, to issue
 permanent injunction against the legislature preventing 1t from pro ceeding with his trial.
 The governor named as defendants the Oklahoma House of Representa- tive Speaker w. D. Melee, Chief
 Clerk Isaac W. Gray the house
 board of managers acting Governor
 NJ F. Trapp, the knights of the Ku
 Klux Klan Of Oklahoma and N. C.
 Jewett, grand dragon of the klan in this state.
 i He alleged that the house board of
 managers "wrongfully' and unlaw- fully engaged in the prosecution of the plaintiff upon pretended articles of impeachment before the senate,
 and that many members of the inn peachment court are under the ln- fluence of passion and prejudice | against him
 The executive declared majority of the members Of the court were reported to be members of the klan and that they "conspired, confed- erated and agreed in advance
 to render judgment removing him fror. office"
 Charges Mock Trial.
 Reciting the over-ruling of his at- tempt to challenge the right of mem bers of the impeachment court to sit in judgment upon him, Governor Walton averred that tho court does not intend and is not now proceeding to enter upon the consideration of 1 said charges pending against this
 plaintiff with a view to determining the truth thereof, but to the con trery, it is only intented that this trial shall be in form only and under an agreement conspiracy and un-
 derstanding that judgment remGv- ing the plaintiff from office shall De
 rendered.
 In his application Governor Wal
 ton referred to "a threat against (Continued On Page TwO)