I exhibited that letter to Mr. Mayfield and to others; Zeke Marvin was the one, in especial. Mr. Marvin was very insistent on the elimination. Mr. Mayfield was sitting right by him, and Brown Harwood was next to him, and I was across the room on the opposite side, and all three made repeated demands on me; and finally in desperation I agreed to telephone Mr. Henry. That was on June 10-I think it was June 10. I was trying a case at Beaumont, and I left Beaumont in the afternoon, or rather at noon, of June 9th. Mr. Henry was speaking in some western county; I have forgotten the name of the place now. In any event, I finally got him over the telephone. He told me it would be impossible for him to come to the conference. He said, “I do not authorize you to act for me." He said, "I have information which makes it very unwise for me to agree to an elimination in the klan, and I am not going to do so." I gave that information to the gentlemen, and they then began to abuse Mr. Henry and to abuse me, and one word led on to another. Finally Zeke Marvin jumped up from his chair and came over to me, and he said, "I am going back home tonight to Dallas, and I propose to call a meeting of the klan as soon as I get there, and it will be a dead shot for Earle Mayfield." 66 He says, We will raise at least $10,000, or more if necessary." He says, "What are you going to do about it?" I says, "Mr. Marvin, I don't know that I am going to do anything about it." I says, "I have the assurance from your superior, Doctor Evans, that there will be no elimination." He replied that he had later instructions. Mr. NICKELS. Did or did not Marvin say what they were going to raise this money for? Mr. CLARK. He said it would be a dead shot for Mr. Mayfield, and that they would raise at least $10,000, or more if necessary, in the klan. I do not know that he used Mr. Mayfield's name right then. Senator WATSON. Had raised, or would raise? Mr. CLARK. Would raise. We returned from Dallas to Austin, and the next day the klan met. Mr. NICKELS. Now, Judge Clark, have you a letter or a copy of an official letter of date July 28, 1922, sent out by the grand dragon, with reference to the senatorial contest! Mr. CLARK. July 28, yes, sir. Mr. NICKELS. I believe it is July 28. Mr. CLARK. Yes; that letter was sent out by the grand dragon to the different titans, and they distributed it through the province. Mr. NICKELS. Will you let me see it for a moment? This letter is dated July 28, 1922, and is addressed to you, and is purportedly signed by Brown Harwood, grand dragon, realm of Texas, and to it are attached form letters of the same date as the letter you have just referred to. Did you or not receive those things through the mail? Mr. CLARK. I did: and distributed them throughout my province as instructed. Mr. NICKELS. We offer the letters in evidence. I will state to the committee that they do not bear directly on the expenditures issue. 101521-24PT 1 The CHAIRMAN. Very well. Mr. NICKELS. This letter is on the letterhead of the grand dragon of the realm of Texas, and reads as follows: Fort Worth, Tex., July 28, 1922. The CHAIRMAN. We can save time by reading those letters, while you go right on with the witness. They will go in the record. (The letters referred to are here printed in the record as follows:) Judge E. J. CLARK, FORT WORTH, TEX., July 28, 1922. G. T., Province No. 3, Waco, Tex. FAITHFUL AND ESTEEMED KLANSMAN: I am to-day mailing you, under sepa'rate cover, a letter from this office, and you are hereby instructed to remail same to each exalted cyclops and each kligrapp of every organization in your province. It has come to my notice that a great many notices from this office and other official communications when addressed only to the cyclops, for various reasons, do not reach the organization. Many times the exalted cyclops are out of the city, and the presiding officers do not receive such communications, and I hope that you will acquiesce in my suggestion and send a copy both to the exalted cyclop and kligrapp. It is imperative that this message be forwarded to all organizations at the earliest date possible, for which I sincerely thank you. Faithfully yours, in the sacred unfailing bond, BROWN HARWOOD, Grand Dragon, Realm of Teras. JULY 28, 1922. To all Exalted Cyclops, Terrors, and Klansmen, Realm of Texas, greetings. GENTLEMEN: A nation of free men can always speak in terms of the ballot, and on the 22d day of July they did speak in language easy to be understood. The native-born white Protestant Gentile who is standing in the way of foreign religious aggression, and who holds allegiance only to God, home, and country, has occasion to rejoice over the local and state-wide victory just achieved at the polls. But our victory is yet incomplete, and important desicions are yet to be made. Klansmen who, like ourselves, are pledged to the unselfish service of God and country, and who have been preferred by us, will be in the "run-off " August 26. The question is, what are we going to do about it? Are we still determined that we shall be ruled by red-blooded 100 per cent Americans? The issue is now on. American soil was enriched by the Protestant blood, and our great empire State was one of the testing grounds. Texas, wrested from priest-ridden tyranny that now encumbers and holds the remainder of what was once Old Mexico. This was accomplished at the expense of precious blood. To-day we stand in the light of a clear day, with human history "A pillar of clouds by day and of fire by night" to guide us, and we shall never forget our benefactors nor their traditions. The glory of a klansman is service. Not the service in the cause of person, but to stand firmly and battle for principle, that all men may be enriched with the priceless heritage of liberty. Texas stands out distinctive before the Nation as an example. She has taken the lead of all States in progress of our klan. The eyes of the Nation are upon us, and a failure to make the election 100 per cent American would stand as a barrier in the way of national strides for better government and a safer Government. Every man among us is charged with a distinctive, individual duty, and the scope of our vision must not be merely provincial, but by maintaining the home fires, we will work a universal good. Until the Nation universally learns and heeds the insignia of the flaming cross and our country's flag, what they stand for in essence and truth, we will be evil spoken of. The breath of unjust slander will follow, stealthily, the movements of each of us and our candidates. Do not give place to foul rumor, but with confidence in our candidates, unalloyed, let us hold the fort whose battlements we have already so nearly obtained. This is a time when America needs us and we need America, free, Godcrowned, love-kissed America, for whose cause patriots felt it a joy to die. It is a small thing, a slight return, to ask that we preserve the gift of martyrs to us, which shall be determined at the ballot box. Klansman Earle B. Mayfield should carry our banner to Washington and plant it in the Senate, where it will, beside our flag, mark a new era of pure American devotion. It will be a call back to the flag. Klansman Col. Billie Mayfield-a true crusader of these modern timesshould carry our banner to Austin and plant it firmly upon the capitol dome. where he who runs may read the insignia of a rebirth, a reconsecration to a great Commonwealth. Klansman Ed R. Bentley should carry the message of love and good-will to the children of Texas, and a perfect reassurance to this generation that our public free schools must and will be preserved against the encroachment of all enemies, and that the funds for their support must not be diverted to propagate a foreign, ecclesiastical, political lust for power. Klansman Geo. G. Garrett should be given custody of the strong box of our great Commonwealth; and in fact all the balance of State and county candidates indorsed by us can be put over by a united action. Our complete success means so much to our country and to humanity; therefore, let us reconsecrate ourselves to the task at hand. Let us admonish you to keep your movements absolutely secret from the outer world. It does not require that we recite the importance of this admonition, for you already realize that secrecy is essential to our success. Already the opposition is organizing. The battle is now on. Looking alone to God for strength and wisdom, let us do valiant service, holding fast to the trail of our way shower, the Man of Galilee, whom God gave us for example, and who suffered persecution and was crucified, that He might serve all mankind, in that He died that all men may live. Let us not be afraid. Again the glory of a klansman is to serve. Faithfully yours, in the sacred and unfailing bond, BROWN HARWOOD, Mr. NICKELS. That is all for the present. I will state that we will probably want to put Mr. Clark back to identify some documents later on. Senator WATSON. What is the kligrapp? Mr. CLARK. He is supposed to be the secretary. Mr. HANGER. Did you support Mayfield or Ferguson in the run-off? Mr. CLARK. I did not vote in the run-off. Mr. HANGER. In the general election? Mr. CLARK. I did not vote in the general election. Mr. CLARK. I distributed the letter. Mr. HANGER. That is all. The CHAIRMAN. You say you want this witness to identify this? Mr. NICKELS. That one has been identified. There are some further documents that we will want identified before we are through with the witness. We may want to put him on at the meeting Monday. The CHAIRMAN. Is there any other testimony to-day? Mr. NICKELS. That is all we have ready now. The CHAIRMAN. Then the committee will stand adjourned until Monday morning at 10 o'clock, in this room. (At 5 o'clock p. m. the subcommittee adjourned until Monday, May 12, 1924, at 10 o'clock a. m.) SENATOR FROM TEXAS MONDAY, MAY 12, 1924 UNITED STATES SENATE, SUBCOMMITTEE OF THE COMMITTEE ON PRIVILEGES AND ELECTIONS, Washington, D. C. The subcommittee met, pursuant to adjournment, at 10 o'clock a. m., Senator Selden P. Spencer presiding. Present: Senators Spencer (chairman), Watson, King, and Neely. Present also: Luther Nickels, Esq., and Scott Woodward, Esq., counsel for contestant, and W. F. Zumbrunn, Esq., and W. P. McLean, jr., Esq., counsel for the contestee. The CHAIRMAN. The committee will come to order. TESTIMONY OF T. R. BOONE (The witness was sworn by the chairman.) Mr. NICKELS. What is your full name? Mr. BOONE. T. R. Boone. Mr. NICKELS. Are you a practicing lawyer? Mr. BOONE. Yes, sir. Mr. NICKELS. What official position, if any, have you held in the State of Texas? Mr. BOONE. I was county attorney of Wichita County, Tex., for four years. Mr. NICKELS. Are you acquainted with Earle B. Mayfield? Mr. NICKELS. Are you acquainted with Mr. T. F. Hunter? Mr. NICKELS. Who is Mr. Hunter? Mr. BOONE. He is a lawyer at Wichita Falls, Tex. Mr. NICKELS. State whether or not you had occasion to, and did, file an aplication with Mr. Earle B. Mayfield and Mr. T. F. Hunter, at the railroad commission offices in the capitol at Austin, in connection with an application for a permit to drill an oil well, as required by what is known as rule 37 of the commission? Mr. BOONE. I had occasion to be down there at one time. when a permit was being sought by the T. & B. V. Railroad Co. Mr. NICKELS. The T. &. B. V.? Mr. BOONE. Yes; the T. & B. V. Railroad Co. Mr. BOONE. Yes; my recollection is that it was in the late fall or early winter: late fall of 1921 or the early part of 1922. You could |