San Antonio light. [volume] (San Antonio, Tex.) 1911-1993, 1923-09-24

tCOnunued from page onc.J
ed petition providing for a constitu-
tional amendment 10 empower the
legislature specifically to meet with
out call by the governor.
A statement replying to critics who
have assailed him for suspending the
writ of habeas corpus and quoting a
federal statute passed in 1871 which,
he Aid, ''outlawed the khan in the
United States" was issued by the
executive.
much has been said about the sus-
pension of the writ of habeas corpus
and there are those who decl.re that,
during the days of reconstruction fol-
lowing the Civil War. the writ of
habeas corpus was never suspended
the governor said.
II fear the memory Of some people is
! failing for there was passed law by
the Congress and approved April 20.
1871, which was known as the 'Ku
Klux Klan law. This law WIS direct.
ed at the khan and outlawed it in the
United States"
Quotes "klan" Statute.
He quoted the law as follows:
THAT il two or more persons with
in any state or territory Of the United
States shall conspre together to over
throw or put down or to d. troy Nv.
force the government of the United
States, or by force, intimi6a or
threat to deter any party or witness
in any court of the United Sta es from
attending such court or testifying in
any way matter pending in such court,
fully, freely and truthfully, or to in
jure any such witness in his person or
property on account # his having SO
attended or testified; or by force, in
timidaton or threat to influence the
verdict, presentment or indictment or
any juror or grand juror in any court
Of the United States, or to injure such
juror in d person or pro~nrty on ac-
count of any verdict, pTesc tment or
i; Iictm>nt lawfully assente to by
him on account of having been such
juror, or shall conspire together, for
the purpose, either directly or Indirect
ly. of depriving any persons or class of
persons of the equal protection of the
laws, or of equal privileges or immuni-
ties under the laws. or for the purpose
of preventing or hindering the consti-
tuted authorities of any state from
giving or securing to all persons within
such state the equal protection of the
laws; or shall conspire together for the
purpose of in my manner impeding,
hindcring. obstructing or defeating the
due course Of justice in any state or
territory with intent to deny any citi-
81 ITa.NaI he I,,a ri
equal protection Of the laws, or to in
jure any person in his person or his
property each and every person so Of
Tending shall be deemed guilty of
high crime.
Can Suspend Habeas Corpus.
Governor Walton pointed out that
section Of the act provides:
st shall be lawful for the Presi-
dent of the United States when, in his
judgment, public safety shS require
it. to suspend the privilege OF tie writ
of habeas corpus to the end that rebel
lion may be overthrow"
l. Whenever in any state or part
of state that unlawful Combinations
named in the preceding section of this
act shall be organized and armed and
so numerous and powerful as to be
able by violence to either overthrow or
set at defiance the constitute authori-
ties of such state and of the United
States within such state"
.. COR when the constituted au-
thorities are in completely with or
shall e nnive at the unlawful purposes
OF such powerful and armed cc--j:na.
tons"
3. "And whenever. by reason OF
either or all of the causes aforesaid.
the conviction of such offenders and
the preservation of the pub: safety
shall become in such districts imprac-
ticable.'
The act provides that Gin every such
case such combinations shall be
deemed rebellion against the govern
ment of the United States"
Has Federal Precedent.
The federal government was having
to meet the very same conditions that
have TO meet" said Governor Wal
ton. land met them just as | have had
to meet them. have the greatest
authority in the land for a precedent
and i have followed that precedent
with much less hardship upon the pub
lie than did the federal government
under the conditions.
Now let the newspap-. court head
ed by +. h. Gaylord publisher ol the
Daily Oklahoman) pay its respects
to the United States law that made it
high crime for masked and robed or
CARNATIONS to pass along highways.
under the above mentioned statute.
the whipping of an individual by a mob
was sufficient grounds for declaring
state of rebellion and suspension OF
the writ of habeas corpus.
"The Daily Oklahoman and other
Oklahoma newspapers have advocated
appealing to the federal courts. I'm
der the statute ] have just quoted,
before one could sit upon a jury in
federal court, he had to swear that he
was not connected with any organiza-
ton named in the acts and that he had
no knowledge of any of their conspirL-
cies. II twas proven that he perjured
himself in taking such oath, he was
subject TO severe penalty.
II subi:t this so that the people Of
the state may know that / am not do
ing anything that has not IN done
before to protect the rights and liber.
/ zc h. vaonla anI bora ha