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the accomplishment of such purposes the conspirators have caused and encouraged and contributed to cause in Texas and in other States

(1) Homes and places of business of citizens to be wrongfully, unlawfully, and violently invaded and searched and inhabitants thereof to be searched and subjected to insult and violence.

(2) Persons to be searched wrongfully and unlawfully and subjected to violence and maltreatment.

(3) Persons to be threatened, coerced, and subjected to restraint wrongfully and unlawfully.

(4) Members and officers of said organization and of its subsidiaries and agencies to become and be jury commissioners, or other officers having power with respect to the drawing, summoning, or selecting of jurors, jury panels, and venires, in efforts wrongfully and unlawfully to effect or control the verdicts of juries in civil and criminal cases.

(5) Members and officers of said organization and of its subsidiaries and agencies to commit perjury in, or in connection with, their examinations, and voir-dires, with respect to qualifications as jurors and with respect to prospective service on juries in civil and criminal cases in efforts wrongfully to affect or control jury verdicts.

(6) Members and officers of said organization and of its subsidiaries and agencies as parties and as witnesses in civil and criminal cases to commit perjury and false swearing in efforts to thwart, impede, and obstruct the due and orderly administration of justice.

(7) Members and officers of said organization and of its subsidiaries and agencies to become and be judges of trial and appellate courts, and to conceal their connections with said organization in efforts to affect or control judgments, decisions, and opinions of such courts, and thus wrongfully to thwart, obstruct, and impede the due and orderly administration of justice.

(8) Members, committees, and officers of said organization and of its subsidiaries and agencies to exert and to attempt to wield wrongful and undue influence with and upon juries and various members of various juries and judges of trial and appellate courts in civil and criminal cases in efforts thus to prevent and obstruct the due and orderly administration of justice.

(9) Members and officers of said organization (and of its subsidiaries and agencies), while yielding an obedience to its decrees superior to the law, to become and be public officials of various classes in efforts wrongfully and unduly to affect and control official action or nonaction, and the enactment and administration of law, in favor of said organization or its affected members, and in favor of said conspirators, or some of them, and thus to thwart, impede, and obstruct, the due and orderly accordance and administration of justice.

(10) Members, committees, and officers of said organization (and of its subsidaries and agencies) to terrorize and intimidate, or to attempt to terrorize and intimidate, citizens and classes (with respect to personal habits and conduct and the exercise of natural and constitutional liberties) through threats, acts of violence, manifestations of force, and the professed everpresence of the “allseeing eye.

(11) Members, committees, and officers of said organization (and of its subsidiaries and agencies) to do, and to cause (or contribute to cause) to be done, each and every lawlwss, wrongful, and fraudulent act or practice set forth in this petition.

And in order to subject the Government of the Constitution to the "Invisible Empire," and in order to consummate the general conspiracy alleged, said Mayfield and his confederates and coconspirators, through the means and agencies of said corporation, to wit, "the Knights of the Ku-Klux Klan," wrongfully and unlawfully conspired to evade, violate, and defeat, and by the acts and practices above alleged have evaded, violated, and defeated (in substantial measure), various Federal and State constitutional provisions and statutory laws, as well as common-law principles and rules, adopted, enacted, and established to prevent and detect fraud, violence, and corruption in elections (general and primary), to secure the free and fair expression of the elector's will (through primary and general elections) and the honest recordation and ascertainment of such will, and to secure and preserve the purity of the ballot, and to secure, enforce, and redress the personal, civil, and political rights and privileges of all citizens; and amongst such laws so violated, evaded, and defeated, and which were so planned and intended to be violated, were and are the following, to wit: (1) Those portions of the fifth and fourteenth amendments to the Federal Constitution, which provide, respectively:

"That no person shall be deprived of life, liberty, or property without due process of law'; and

"No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws.'

And section 19, article 1, constitution of Texas, which reads as follows:

"No citizen of this State shall be deprived of life, liberty, property, privileges, or immunities, or in any manner disfranchised, except by the due course of the law of the land."

(2) The first clause of the fifteenth amendment to the Federal Constitution, wherein it is declared:

"The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude."

(3) The seventeenth amendment of the Federal Constitution, wherein it is provided that a Senator from a State shall be "elected by the people thereof," meaning through an honest and fair election at which all qualified electors have a fair and free opportunity to vote and to have their votes honestly counted and made effective.

(4) Those portions of paragraph 3 of section 3933 (U. S. Comp. Stat. 1916, U. S. R. S. art. 1980), which read, respectively, as follows:

"If two or more persons in any State or Territory conspire, or go in disguise on the highway or on the premises of another, for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, or of equal privileges and immunities under the laws; or if two or more persons conspire to prevent, by force, intimidation, or threat, any citizen who is lawfully entitled to vote from giving his support or advocacy in a legal manner toward or in favor of the election of any lawfully qualified person as an elector for President or Vice President, or as a Member of Congress of the United States."

And section 10183 (U. S. Comp. Stat. 1916, U. S. R. S. 5509), wherein it is provided:

"If two or more persons conspire to injure, oppress, threaten, or intimidate any citizen in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same, or if two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured, they shall be fined not more than $5,000 and imprisoned not more than 10 years, and shall, moreover, be thereafter ineligible to any office or place of honor, profit, or trust created by the Constitution or laws of the United States."

(5) Those provisions of paragraph (3) of section 3933 (U. S. Comp. Stat. 1916 U. S. R. S. 1980), which reads thus:

"Or for the purpose of preventing or hindering the constituted authorities of any State or Territory from giving or securing to all persons within such State or Territory the equal protection of the laws."

And section 10184 (U. S. Comp. Stat., 1916, U. S. R. S. 5510), which declares: Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects, or cause to be subjected, any inhabitant of any State, Territory, or District, to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution and laws of the United States, or to different punishments, pains, or penalties, on account of such inhabitant being an alien, or by any reason of his color or race, than are prescribed for the punishment of citizens shall be fined not more than $1,000 or imprisoned not more than one year, or both."

And section 1979 (U. S. Revised Statutes), which reads as follows:

"Every person who under color of any statute, ordinance, regulation, custom, or usage of any State or Territory, subjects, or causes to be subjected any citizen of the United States or other persons within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress."

(6) Section 3, Article I, constitution of Texas, reading as follows:

"All freemen, when they form a social compact, have equal rights, and no man, or set of men, is entitled to exclusive separate public emoluments, or privileges, but in consideration of public services."

the accomplishment of such purposes the conspirators have caused and encouraged and contributed to cause in Texas and in other States

(1) Homes and places of business of citizens to be wrongfully, unlawfully, and violently invaded and searched and inhabitants thereof to be searched and subjected to insult and violence.

(2) Persons to be searched wrongfully and unlawfully and subjected to violence and maltreatment.

(3) Persons to be threatened, coerced, and subjected to restraint wrongfully and unlawfully.

(4) Members and officers of said organization and of its subsidiaries and agencies to become and be jury commissioners, or other officers having power with respect to the drawing, summoning, or selecting of jurors, jury panels, and venires, in efforts wrongfully and unlawfully to effect or control the verdicts of juries in civil and criminal cases.

(5) Members and officers of said organization and of its subsidiaries and agencies to commit perjury in, or in connection with, their examinations, and voir-dires, with respect to qualifications as jurors and with respect to prospective service on juries in civil and criminal cases in efforts wrongfully to affect or control jury verdicts.

(6) Members and officers of said organization and of its subsidiaries and agencies as parties and as witnesses in civil and criminal cases to commit perjury and false swearing in efforts to thwart, impede, and obstruct the due and orderly administration of justice.

(7) Members and officers of said organization and of its subsidiaries and agencies to become and be judges of trial and appellate courts, and to conceal their connections with said organization in efforts to affect or control judgments, decisions, and opinions of such courts, and thus wrongfully to thwart, obstruct, and impede the due and orderly administration of justice.

(8) Members, committees, and officers of said organization and of its subsidiaries and agencies to exert and to attempt to wield wrongful and undue influence with and upon juries and various members of various juries and judges of trial and appellate courts in civil and criminal cases in efforts thus to prevent and obstruct the due and orderly administration of justice.

(9) Members and officers of said organization (and of its subsidiaries and agencies), while yielding an obedience to its decrees superior to the law, to become and be public officials of various classes in efforts wrongfully and unduly to affect and control official action or nonaction, and the enactment and administration of law, in favor of said organization or its affected members, and in favor of said conspirators, or some of them, and thus to thwart, impede, and obstruct, the due and orderly accordance and administration of justice.

(10) Members, committees, and officers of said organization (and of its subsidaries and agencies) to terrorize and intimidate, or to attempt to terrorize and intimidate, citizens and classes (with respect to personal habits and conduct and the exercise of natural and constitutional liberties) through threats, acts of violence, manifestations of force, and the professed everpresence of the "allseeing eye.

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(11) Members, committees, and officers of said organization (and of its subsidiaries and agencies) to do, and to cause (or contribute to cause) to be done, each and every lawlwss, wrongful, and fraudulent act or practice set forth in this petition.

And in order to subject the Government of the Constitution to the "Invisible Empire," and in order to consummate the general conspiracy alleged, said Mayfield and his confederates and coconspirators, through the means and agencies of said corporation, to wit, "the Knights of the Ku-Klux Klan," wrongfully and unlawfully conspired to evade, violate, and defeat, and by the acts and practices above alleged have evaded, violated, and defeated (in substantial measure), various Federal and State constitutional provisions and statutory laws, as well as common-law principles and rules, adopted, enacted, and established to prevent and detect fraud, violence, and corruption in elections (general and primary), to secure the free and fair expression of the elector's will (through primary and general elections) and the honest recordation and ascertainment of such will, and to secure and preserve the purity of the ballot, and to secure, enforce, and redress the personal, civil, and political rights and privileges of all citizens; and amongst such laws so violated, evaded, and defeated, and which were so planned and intended to be violated, were and are the following, to wit: (1) Those portions of the fifth and fourteenth amendments to the Federal Constitution, which provide, respectively:

"That no person shall be deprived of life, liberty, or property without due process of law'; and

"No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws."

And section 19, article 1, constitution of Texas, which reads as follows:

"No citizen of this State shall be deprived of life, liberty, property, privileges, or immunities, or in any manner disfranchised, except by the due course of the law of the land."

(2) The first clause of the fifteenth amendment to the Federal Constitution, wherein it is declared:

"The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude."

(3) The seventeenth amendment of the Federal Constitution, wherein it is provided that a Senator from a State shall be "elected by the people thereof," meaning through an honest and fair election at which all qualified electors have a fair and free opportunity to vote and to have their votes honestly counted and made effective.

(4) Those portions of paragraph 3 of section 3933 (U. S. Comp. Stat. 1916, U. S. R. S. art. 1980), which read, respectively, as follows:

"If two or more persons in any State or Territory conspire, or go in disguise on the highway or on the premises of another, for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, or of equal privileges and immunities under the laws; or if two or more persons conspire to prevent, by force, intimidation, or threat, any citizen who is lawfully entitled to vote from giving his support or advocacy in a legal manner toward or in favor of the election of any lawfully qualified person as an elector for President or Vice President, or as a Member of Congress of the United States."

And section 10183 (U. S. Comp. Stat. 1916, U. S. R. S. 5509), wherein it is provided:

"If two or more persons conspire to injure, oppress, threaten, or intimidate any citizen in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same, or if two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured, they shall be fined not more than $5,000 and imprisoned not more than 10 years, and shall, moreover, be thereafter ineligible to any office or place of honor, profit, or trust created by the Constitution or laws of the United States."

(5) Those provisions of paragraph (3) of section 3933 (U. S. Comp. Stat. 1916 U. S. R. S. 1980), which reads thus:

"Or for the purpose of preventing or hindering the constituted authorities of any State or Territory from giving or securing to all persons within such State or Territory the equal protection of the laws."

And section 10184 (U. S. Comp. Stat., 1916, U. S. R. S. 5510), which declares: Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects, or cause to be subjected, any inhabitant of any State, Territory, or District, to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution and laws of the United States, or to different punishments, pains, or penalties, on account of such inhabitant being an alien, or by any reason of his color or race, than are prescribed for the punishment of citizens shall be fined not more than $1,000 or imprisoned not more than one year, or both."

And section 1979 (U. S. Revised Statutes), which reads as follows:

"Every person who under color of any statute, ordinance, regulation, custom, or usage of any State or Territory, subjects, or causes to be subjected any citizen of the United States or other persons within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.'

(6) Section 3, Article I, constitution of Texas, reading as follows:

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All freemen, when they form a social compact, have equal rights, and no man, or set of men, is entitled to exclusive separate public emoluments, or privileges, but in consideration of public services.'

(7) Section 4, Article I, constitution of Texas, which provides:

"No religious test shall ever be required as a qualification to any office, or public trust, in the State; nor shall anyone be excluded from holding office on account of his religious sentiments, provided he acknowledge the existence of a Supreme Being."

(8) Those portions of section 6, Article I, constitution of Texas, wherein it is declared:

"All men have a natural and indefeasible right to worship Almighty God according to the dictates of their own conscience. No human authority ought, in any case whatever, to control or interfere with the rights of conscience in matters of religion."

(9) Those portions of section 4, Article VI, and section 2, Article XVI, constitution of Texas, which read, respectively, as follows, to wit:

"In all such elections by the people the vote shall be by ballot, and the legis lature shall provide for the numbering of tickets and make such other regulations as may be necessary to detect and punish fraud and preserve the purity of the ballot box.

"The privilege of free suffrage shall be protected by laws regulating elections and prohibiting under adequate penalties all undue influence therein from power, bribery, tumult, or other improper practice."

(10) And the various statutes of the State of Texas pertaining to elections (primary and general) referred to in other portions of this petition.

By reason of the creation, existence, and operation of the general conspiracy herein averred, and the unlawful and fraudulent acts and practices done pursuant thereunto, each of said primary elections and said general election, and the results thereof, were affected or controlled, and said Mayfield's purported nomination, election, and credentials were produced by, and are tainted with, fraud and lawlessness.

In order to establish the public fraud alleged it is essential, of course, to demonstrate at least three things, next mentioned in their order:

First. Mayfield's membership and participation in, or acceptance of benefits from, the organized conspiracy and, therefore, his participation in and profit from the fraud.

Prima facie at least, such membership, participation and benefits are established by the record already made. It is true that at Corsicana and under oath he said that he had been a member of the order but had resigned sometime in January, 1922; but the evidence there and here shows that he continued to visit klan lodges over the State and speak to them in "closed" meetings-sometimes in "regalia." The testimony (here) of R. L. Henry and of Judge Erwin J. Clark established the fact that he was in consultation with various high officers of the klan at Dallas and at Austin and at Waro and that he became a party to the Waco agreement and ratified same, and that he there declared himself to be a klansman and a much "better" one than Henry and used this claim as an argument why Henry should withdraw from the Senatorial race. Likewise. by officials of the klan, he was declared then (in March, April, and June, 1922) to be a good klansman. On March 22, 1922, A. D. Ellis, as grand dragon, realm of Texas, addressed and transmitted an "official" letter "in the sacred and unfailing bond"-to the exalted cyclops of each of the Texas klans, informing the "klans" that "our files" indicate that "Klansman Earle B. Mayfield, at present railroad commissioner, has announced for the United States Senate": that another klansman had announced for another office, and that "both these klansmen are highly recommended by their local klans,' etc.; and that he knew "that the spirit of 100 per cent of Americanism will be enhanced with Klansman Mayfield representing us in Washington," etc. (This letter is set forth on p. 66-67 of Part I.)

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