Since the chief asset of the "Invisible Empire" is its secrecy, Congress
should pass an act providing that all secret orders or societies using the
United States mails or engaged in the business of interstate commerce--as
the "Invisible Empire" undoubtedly is--should be required to furnish the
Government with a list of names of their members. The list should be
required to be in duplicate, one copy to be placed on file, for public
inspection, in the office of the local postmaster, while the other copy
should be placed on file in Washington. The Government should also have
the right to inspect all books of account, showing funds that have been
derived from members either by interstate commerce or by the use of the
United States mails. This removal of secrecy would, to a considerable
extent, lessen the danger of Ku Kluxism as a political force, and
requiring publicity as far as membership rosters is concerned would
materially aid in making the system harmless. I am quite sure that a
publicity statute would not work any great hardship on the existing
standard fraternal orders for most of them have a yearly printed roster
for distribution.
Under the Bill of Rights and the Fourteenth Amendment to the United States
Constitution, the Attorney-General of the United States can maintain
actions against the "Invisible Empire" on account of its activities in
Texas, and have no doubt that an official investigation of alleged
outrages would show some interesting facts. In order to make the matter
effective, however, the investigation must be gone into very carefully and
all of the facts uncovered. In August, 1921, the United States District
Attorney in Chicago announced that he intended to investigate the Ku Klux
Klan. In a few days, according to newspaper reports, he stated that he had
been shown the charter of incorporation and other literature of the
organization, and that he could not discover anything upon which he could
base legal action. The charter of the organization does not tell all the
facts, as has been demonstrated in the preceding pages.
Concurrently with the action of the Federal Government, the States can do
some valuable work in stamping out Ku Kluxism, and preventing both the
present "Invisible Empire" and its future imitators from operating. The
"Invisible Empire" is known legally as the "Knights of the Ku Klux Klan,
Inc." and was incorporated under the laws of the State of Georgia. So far
as has been published in the newspapers, the only State in the Union where
it has been granted a license to do business outside of its home state,
has been in Indiana, where its charter was filed in August, 1921. In every
State where it has not filed its charter and complied with the corporation
laws it has no legal standing whatever. Actions could be brought by the
Attorneys-General of the various States restraining the Klan from further
operation and also indictments might lie against the promoters for
operating without compliance with the law.
Public-domain text, read in full here on John Shaqi.
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