The Monmouth inquirer. [volume] (Freehold, N.J.) 1865-1933, 1923-08-02
N. Y. FORCES KHAN
INTO STATE COURT
Attorney General Gets Tempo
rary Injunction Barring the Or
der From Corporate Rights.
PAPERS WERE CHANGED
KameIias Also Named In Affidavit Of
Justice Pierce.-Ku klux Heads
viii Oppose the Restralner in
Effort to Evade Walker Law

Albany, N. Y.-Tne first legal step
to force the Ku Klux Khan into the
open was taken here when Supreme
Court Justice Harold j. Hinman grant
ed temporary injunction restraining
the Khan and its sister organization,
the KameIia, from exercising any Of
the rights of corporation under the
incorporation papers they filed recent
ly with the Secretary of State.
The application was made by Dep
uty Attorney General Edward Griffin.
He motored to Justice Humans sum-
mer home at Warmers Lake immedi-
ately after receiving an affidavit by
Supreme Court Justice George e.
Pierce, of Buffalo, certifying the in
corporation papers had been altered
and falsified after Justice Pierce had
approved them.
The temporary injunction is return
able before Supreme Court Justice
Ellis j. Staley here. Argument will be
made to show cause why the injunc-
ton should not be made permanent.
1t could not be learned whether the
Khan organizations will be represent
ed, but it is expected they will make
q hard fight against the injunction.
II Justice Staley grants the order
1t will have the effect Of cancelling the
Klan's Incorporation and removing
the cloak behind which the organiza-
ton is now evadfng the Walker law,
which requires the Khan to file with the
Secretary Of State the names of its
members, it's constitution, bylaws and
membership oaths.
Every district attorney in the State
in whose county there is Khan or
ganization would then be required on
complaint Of any citizen to proceed
criminally against the Khan. Not
single Khan has made any attempt
thus to live up t. the provisions Of
the law.
Deputy Attorney General Griffin
said that if the injunction is issued
the case will pass out of the hands
of the Attorney General and it viii
be UP to the district attorneys of AL
bauy and Erie counties to see that the
law is obeyed.
"The Attorney General" he said,
was called into the matter by the
Secretary of State after Justice Pierce
had declared changes had besn made
in the articles of Incorporation"
The affidavit of Justice Pierce said
in part: ION May q, 1923. there APP
peared before me George C. Bryant, of
Buffalo, and E. D. smith. They pre-
sented to me for my approval a GER
tificate of Incorporation entitled "Ka-
nelia," said certificate being the same
except for alterations and deletions
hereinafter described, as that shown
by the Photographic copy certified by
tie Secretary of State.
Il advised them that they should
write in the words the City of Buff
falo' as their principal Office and afix
their street addresses to the papers.
They complied with my suggestion and
/ therefore approved the certificate"
He added that these changes were
made without his knowledge.
A similar AFFIDAVIT said similar
changes were made in the Khan ap-
plication
The Khan had hoped to evade the
Walker law by incorporating because
of provision in the law which ex-
cepts from its requirements duly in
corporated' organizations mentioned
in the Benevolent Orders Law.