Ku Klux Klan: Its Origin, Growth and Disbandment

by John C. Lester; D. L. Wilson

Sec. 12. Be it further enacted, That if any person shall make threats against any elector or person authorized to exercise the elective franchise, with the intention of intimidating or preventing such person or persons from attending any election in this State, they shall be subject to the penalties inflicted by the first section of this act.

Sec. 13. Be it further enacted, That if any person or persons shall attempt to break up any election in this State, or advise the same to be done, with a view of preventing the lawful or qualified citizens of this State from voting, they shall be subject to the penalties prescribed by the first section of this act; and the attorney of the State in all convictions under the provisions of this act, shall be entitled to a tax fee of one hundred dollars, to be taxed in the bill of costs, and to be paid by the defendant. And the attorney prosecuting for the State shall keep all information given him a secret, unless it shall be necessary, in the opinion of the court, that the same should be made public.

Sec. 14. Be it further enacted, That it shall be the duty of all the judges in this State to read this act to the grand juries, and give it especially in charge to said juries.

Sec. 15. Be it further enacted, That the treasurer of this State shall not be authorized to pay any judge in this State any salary, or to any clerk, sheriff, or attorney, any fee or bill of costs that may accrue to such parties under the provisions of this act, until such judge or other officer shall have filed with the comptroller or treasurer an affidavit plainly setting forth that he has fully complied with the provisions of this act.

Sec. 16. Be it further enacted, That if any person or citizen of this State shall voluntarily feed, or lodge, or entertain, or conceal in the woods, or elsewhere, any offender known to such person to be charged with any criminal offense under this act, such person shall suffer the penalty prescribed by the first section of this act; provided, that this section shall not apply to persons who, under the ancient law, might feed or conceal the party charged.

Sec. 17. Be it further enacted, That if any person, guilty of any of the offenses enumerated in this act, shall have, own or possess any real estate held by deed, or grant, or entry, or by fee, or entail in law, or equity, the same shall be bound for costs, fines or penalties imposed by any of the provisions of this act; and a lien is hereby declared to attach to all estates in law or equity, as above, dating from the day or night of the commission of the offense, which fact may be found by the jury trying the cause, or any other jury impaneled for that purpose; and if in the opinion of the court the defendant has evaded the law, the jury shall find such fact, and the estate of the defendant shall be made liable for the costs of the State; and there shall be no limitation to the recovery of the same.

Sec. 18. Be it further enacted, That if any person or persons shall be guilty of a violation of any of the provisions of this act, to the prejudice or injury of any individual, the jury trying the defendant shall, or may find such fact with the amount of injury sustained, which shall be paid to the injured party or person entitled to the same, by the laws of descent of this State, with all costs, and who shall have the same lien on the property of the defendant that is possessed or given to the State by this act.

Sec. 19. Be it further enacted, That if any person shall knowingly make or cause to be made, any uniform or regalia, in part or in whole, by day or night, or shall be found in possession of the same, he, she or they shall be fined at the discretion of the court, and shall be rendered infamous.

Sec. 20. Be it further enacted, That in addition to the oath prescribed by the constitution and oath of office, every public officer shall swear that he has never been a member of the organization known as the Ku Klux Klan, or other disguised body of men contrary to the laws of the State, and that he has neither directly nor indirectly aided, encouraged, supported, or in any manner countenanced said organization.

Sec. 21. Be it further enacted, That the attorneys or prosecuting officers for the State, shall be entitled to and receive five per cent, on all forfeitures or assessments made by this act, on compensations to be paid by the defendant.