Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1923-04-07
PLEA FOR RECEIVER
CHARGES KHAN HAS
No LEGAL LEADER
Waste of Funds and DisSen-
sionn in Ranks Hurting Or
der, Terrell Faction Says,
SkipWith Hit

With the fling of a petition seek
inska receivership for the Ku klu2
Khan Friday at noon by Attorne!
w. H. Terrell, representing Harry B
Terrell and other leaders of the so
called "insurgent faction" the lega
battle involving the order and its at
fairs became three-cornered.
The plaintiffs to the petition ar
Harry 8. Terrell, z. r. Upchurch
Arthur E. Wooden and others. 1
asks that a receiver be appointed, al
Ieging that the Khan now is withou
duly elected legal head.
The petition sets forth tina
neither Colonel Simmons nor DR.
Evans are legally entitled to become
head of the order. alleging neither
has been legally elected to the posi-
ton.
It further set forth newspaper re
ports OF alleged waste OF Khan
funds by officials of the organiza
ton.
Judge Z. D. Thomas ordered the
petition filed and set April IA as q
date for a hearing.
The defendants named are Viii
liam Joseph Simmons, H. w. Evans
F. L. Savage, Brown HARDWOOD, Rev
Caleb A Ridley, Nathan Bedford
Forrest, Tom Akers, Fred B. John
son, Paul F. Etheridge, T. J. Nc
Kinnon, n. n. Furney, W. J. Ma
honey, J. X. Skipwith, H. C. Mont
gomery, H. K. Ram7ey, E. J. Jones
and James I. Lowry.
Charge Election Illegal
The petitioners charge that tbs
klonvocation last November al
which DR.. Evans is said to have been
elected imperial wizard was illegal
inasrnuch as it was held in violation
of court Injunctions then in force
prohibiting the officers of the organi
zation from transacting "even the
ordinary business of, the order" Oh
from changing in any way it
status"
1t sets forth that these injunctions
remained in force until last month
when the original petition, filed De
cember 20, 1921, was settled by the
filing of a demurrer.
1t charges that the klonvocatior
was held while these injunction'
were in force, and that the klonvoca
ton was, therefore, in contempt Of
court. g
The petition alleges further tina
the election of DIR. Evans was illega
because he was elected by nomina
ton on open. ballot instead Of with
out nomination and by secret ballot
as required by the costitution of tn
khan.
Calls Skipwith New Danger
1t charges that the diSsenSion be
tween the two groups now seeking
control of the khan and the conf1ic
between Colonel Simmons and DT
Evans as to their respective right!
to the office of imperial wizard have
caused schisms and factions among
the members of the khan and ire
parable damage and injury thereof
AS an example of the schisms tina
are alleged to have torn the khan
the petition cites the alleged actor
of Captain Skipwith, of Bastrop
La, in, coming here with force o.
seventeen men for the avowed pur
pose of supporting Colonel Simmons
1t. charges that Captain SkipWitf
''is a dangerous man and has a fol
lwoing of dangerous men"
The petition charges that among
the articles that have disappeared
from the imperial palace since last
Monday is an important file contain
ing voluminous data and documents
concerning the Mer Rouge murders
in which Captain SkipWith and the
Morehouse Parish kan, of which hi
is exalted cyclops, were conspicuous
ly involved.
Denies klancilium Meeting
Describing the reported meeting
Monday night of the kloncilium, thu
inner governing body Of the HI
Klux Khan, as a wildcat gathering
"a without any authority whatsoever,
amember of the only kloncilium nov
in existence, declared Friday NJ
meeting of the body had bene hell
since the present legal battle TO
control of the order began. It ha
been reported that a majority of tn
members of the kloncilium had me
and Endorsed Colonel w. J. Sim
mons fight on the present klal
officials.
Mr.. Etheridge said if any meeting
was held, it was composed of sup
porters of Colonel Simmons, ant
that none of the present member
of the body attended. He said
would be impossible for legal meet
ing to be held without. the sanction
Of DR.. H. w. Evans, imperial wizard
Promises of interesting disclo
sures regarding the money alleged t.
have been removed from Khan heau
quarters by T. J. McKinnon, heat
of the investigation bureau, and n
n. Furney, cashier under tn,
Evans regime, when the trial of tn
TWO Is Cdlleu SATURDAY morning be
fore Judge T. o. Hathcock, were
made Friday by Attorney Etheridg,
who will defend them.
Attorney Etheridge said he in
tended to show that neither man !
guilty of the charge of larceny aft
err trust, and further that he in
tends to find out where E. J. Jones
secured his information given il
the warrants which he swore out fol
them. Attorney Etheridge said tn,
information was entirely inaccurate
and false.
Other developments in the lega
battle between the factions headed
by DR.. H. w. Evans, imperial wiz
ard, and Colonel William JOSEPH
Simmons, emperor and founder, fol
control of the order, were:
Waste Charges Denied