Knights of the Ku Klux Klan v. Independent Klan of America

• Decision Date: 31 March 1926
• Citation: 11 F.2d 881
• Parties: KNIGHTS OF THE KU KLUX KLAN v. INDEPENDENT KLAN OF AMERICA.
• Court: U.S. District Court — Panama Canal Zone

11 F.2d 881 (1926)

KNIGHTS OF THE KU KLUX KLAN v. INDEPENDENT KLAN OF AMERICA.

District Court, D. Indiana, Indianapolis Division.

March 31, 1926.

W. F. Zumbrunn and John H. Connaughton, both of Washington, D. C., and Chester L. Zechiel, of Indianapolis, Ind., for plaintiff.

Clarence Benadum and William H. Schreiber, both of Muncie, Ind., for defendant.

SLICK, District Judge.

Plaintiff brings this action to enjoin defendant from operating as a fraternal, ritualistic, secret order under the name of the "Independent Klan of America," the "Knights of the Ku Klux Klan," the "Invisible Empire, Knights of the Ku Klux Klan," the "Ku Klux Klan," or the "Klan," or any similar or like name, and alleges that defendant is engaging in unfair competition, in that its operations tend to confuse the public.

Defendant replies that it is a corporation organized under the laws of the state of Indiana, and has a charter issued by the secretary of state of the state of Indiana; that the word "Klan" is one of general use in the United States, and that the organization known as the Ku Klux Klan came into being in 1865, and was disbanded in 1876, and has never been revived.

Defendant also claims that plaintiff knew as early as March 7, 1924, that defendant had been authorized by the state of Indiana to assume this corporate name, and never did anything or took any steps to stop defendant until the 18th day of February, 1925, when this action was begun, and that during the interim defendant expended large sums of money for advertising, letter heads, stationery, paraphernalia, and documents, and for this reason plaintiff should be estopped from proceeding in this cause in equity.

Defendant further alleges in its answer that plaintiff organization is based upon opposition to Catholicism and Judaism, and is devoted to the promotion of the Protestant white American native-born citizen, and that these principles are different from those of the original Ku Klux Klan organization, which was active during the reconstruction period following the Civil War, and different from the defendant herein, and that the principles of the plaintiff are more nearly parallel to the principles of the Society of Native-Born Americans, also called the 1776 Association, but usually known as the Know-Nothing Party, and that plaintiff organization is more nearly like the American Protective Association of 1876, usually referred to as the A. P. A., and that defendant has always stressed to the public the difference between its principles and those of the plaintiff, and has therefore enlightened or attempted to enlighten the public at large, instead of seeking to make fraudulent representations as claimed by plaintiff.

In addition to its answer, defendant filed a motion to dismiss, and the answer and motion were submitted together. Trial was had on the 22d day of January, 1926, and the cause was submitted without argument; counsel on both sides to file briefs within a reasonable time.

The evidence in this case is very simple and on most important points there is very little conflict. A brief statement of the salient features may not be amiss:

Plaintiff was organized as a corporation under the laws of the state of Georgia in 1916, and gradually extended its operations through the South, and in 1922 was operating in 48 different states, the Canal Zone, and the territory of Alaska. At its inception it was known as "The Klan," and it is generally known throughout the entire United States as "The Klan." Its local units are known as "klans," and its members are known as "klansmen." States are known as "realms," parts of states are known as "provinces," and the smallest unit in a state is known as a "klan." At the time of the trial it had propagated 200,000 male persons in the state of Indiana, and approximately 5,000,000 in the United States; the dues-paying members in Indiana of plaintiff organization at this time were approximately 50,000.

Defendant, according to the testimony of Samuel H. Bemenderfer, its chief officer in the United States, was organized to "admit Christian men and women," and to "cleanse the plaintiff organization of its unscrupulous men," "to promote race purity rather than white supremacy," "and to protect its members in their Protestant heritage." Defendant has some 30 to 50 organizations in the state of Indiana, and possibly 300 organizations outside of Indiana. It has 65 to 70 organizations in Illinois, and is authorized to do business in 38 different states. Its constitution designates its local lodges as "klans" and its membership as "Klansmen." Letters written to its members addressed them as "fellow Klansmen," and "loyal Klansmen."

Many of the original members of defendant belonged to Delaware Klan No. 4, a local organization of plaintiff at Muncie, Ind., who became dissatisfied and unruly, and either withdrew or were banished from plaintiff organization, and immediately thereafter they formed an organization, which they called "the Klan of the North," and later changed the name to the present name of defendant. They caused a letter to be written to many of the members of plaintiff organization, saying, among other things: "We wish to impress upon your mind that this is not a new movement, but is a reorganization or regeneration of the old movement of Klankraft."

Defendant charged an initiation fee of $10, but where a member of plaintiff organization joined defendant organization no initiation fee was charged. This initiation fee was called a "Klectoken" by both plaintiff and defendant organizations. At the time the members of Delaware Klan No. 4 were expelled or withdrew, practically the entire membership joined the organization called "the Klan of the North," which later was changed to the Independent Klan of America, and at that time Delaware Klan No. 4 had on hand between $5,000 and $6,000. The undisputed testimony shows that this money was used to pay up bills.

There have been various klans in Kentucky, Tennessee, West Virginia, and other states. They were originally organized for pleasure, and the name "Ku Klux" was invented in imitation of the noise made in cocking a gun. Afterwards the word "Klan" was added. Four thousand Klansmen of Muncie, according to the defendant's testimony, were back of the Klan of the North. They rebelled and formed the Klan of the North. In the words of Mr. Bemenderfer, "the whole personnel went from one corporate entity over to another, and the purposes of the two entities were absolutely identical."

Mr. Orion Norcross, National Secretary for the Independent Klan of America, testified that there is no similarity in the names of the officers or members of the plaintiff and defendant organizations,...