3. The principal office and place of business shall be in Fulton County, Georgia, but petitioners desire that the corporation shall have the power to issue decrees, edicts and certificates of organization to subordinate branches of the corporation in this or other States of the United States and elsewhere, whenever the same shall be deemed desirable in the conduct of its business.
4. The petitioners desire that the Society shall have the power to confer an initiative degree ritualism, fraternal and secret obligations, words, grip signs and ceremonies under which there shall be united only white male persons of sound health, good morals and high character; and further desire such rights, powers and privileges as are now extended to the Independent Order of Odd Fellows, Free and Accepted Masons, Knights of Pythias, et al., under and by virtue of the laws of the State of Georgia.
5. Petitioners desire that there shall be a Supreme Legislative Body in which shall be vested the power to adopt and amend constitutions and by-laws for the regulation of the general purpose and welfare of the order, and of the subordinate branches of same.
6. Petitioners desire that the ‘Imperial Klonvokation’ (Supreme Legislative Body) shall be composed of the Supreme Officers and ‘Kloppers’ (DELEGATES) selected by the ‘Kloro’ (State Convention) of the several ‘Realms’ (subordinate jurisdiction); and of such other persons as the constitution and by-laws of the Society may provide.
7. Petitioners desire that the business of the Society shall be under the control of the ‘Imperial Wizard’ (President), who shall be amenable in his official administration to the ‘Imperial Kloncilium’ (Supreme Executive Committee), a majority of whom shall have authority to act, and a two-thirds’ majority power to veto the official acts of the ‘Imperial Wizard’ (President) in the matters pertaining to the general welfare of the Society; and to contract with other members of the Society for the purpose of promoting and conducting its interests and general welfare, in any way, manner, or method he may deem proper for the Society’s progress and stability, subject to the restrictions of the power of the ‘Imperial Wizard’ (President) as is heretofore set forth in this paragraph.
8. Petitioners desire that they shall have the right to adopt a constitution and by-laws and elect the first Kloncilium (Supreme Executive Committee), which shall possess all the powers of the ‘Imperial Klonvokation’ (Supreme Legislative Body) until the first organization and meeting of that body, and shall fix the number, title and terms of officers composing said ‘Kloncilium’ (Supreme Legislative Committee).
9. Petitioners desire the right to own separate unto itself and to control the sale of all paraphernalia, regalia, stationery, jewelry and such other materials needed by the subordinate branches of the order for the proper conduct of their business; the right to publish a fraternal magazine and such other literature as is needed in the conduct of the business of the order; the right to buy, hold and sell real estate and personal property suitable to the purpose of the said corporation; to sell, exchange or sublease the same or any part thereof; to mortgage or create liens thereon; to borrow money and secure the payment thereof by mortgage or deed of trust and to appoint trustees in connection therewith; to execute promissory notes, to have and to use a common seal; to sue and be sued; to plead and be impleaded; to do and perform all these things and exercise all those rights, which under the laws of Georgia, are conferred upon societies or orders of like character.
10. Wherefore petitioners pray an order incorporating them, their associates and successors under the name and style aforesaid with all the powers and privileges necessary to the extension of the order or the conduct of the business and purposes of like nature.”
The casual examination of the above instrument fails to show anything more significant than the fact that it is a simple application for a charter for an ordinary fraternal organization, several of whom, including the Masonic fraternity and the Knights of Pythias, it specifically names. An analysis, however, of the instrument reveals some interesting things, and raises some questions that may be of service to the public in dealing with Ku Kluxism.
In the first place, this charter, which was granted July 1, 1916, confers upon W. J. Simmons and certain associates the right to engage in the business of a fraternal society under the name and style of “Knights of The Ku Klux Klan.” As a matter of fact the propagation of the movement goes forward under the name and title of “Invisible Empire, Knights of the Ku Klux Klan, Inc.” The use of the words “Invisible Empire” in connection with the authorized and legal title of the organization is an ultra vires act without the sanction of the Georgia law under which the society is operating.