The Birmingham age-herald., 1921-10-09
STATE COMMITTEE AMERICAN LEGION
 CALLED ID COURT
Will Go Into Matter of Action Taken Against Judge Wilkinson at Meet
 ing Sept. IS

Members of the department ex- ecutive committee of the department of Alabama of the American Legion have been cited to appear before Judge J. B. Aird in the Jeffer1 son county circuit court, October IA, at 10 o'clock a. m., to show cause why writ of Mandamus should not be issued compelling them to re- scind their action /in dismissing Horace Wilkinson as national execu- tive committeeman of the legion.
 rule nisi was issued by the court yesterday ordering Harry Ayres, J. Fred Johnson, Jr., George D. Dou- vilie, Wave Scott, Marion Rushton. Aiston Fitts, and Joe Yates to appear on that day. when the petition of Horace Wilkinson for a writ of man. damus will be heard.
 According to the allegations of the petitioner the action of the respond ents in dismissing him was Illegal, , unwarranted and unauthorized be- cause he was duly elected as national executive committeeman of the Amer scan legion from the department of Alabama, and under the constitution of that organization, is entitled to hold office until the adjournment of the next national convention of the legion. which meets in Kansas City,
 
 1921.
 "Hnd No Authority
 It is further alleged that the de partment executive committee of the American legion in Alabama has no warrant or authority of law, and there is no provision in the consti- tuition of the American legion author lzing or requiring the committee to dismiss the petitioner as one of the national officers of that organization. The petitioner ayers that he was elected a member of the national e1- ecutive committee of the legion from the department of Alabama at the convention of the organization held ln Florence in June, and immediately thereafter attended the duly author ized meeting of the national executive committee of the legion, where he represented the department of Ala bdilld esS it5 nallDual COLuIDllIccDldn on that committed
 It is alleged that the respondents hold a meeting September Is in Bir- mingham without any notice to the petitioner of the meeting, and at that time the respondents claimed to be acting as the executive committee man of the department of Alabama, passed resolutions purporting to dis- miss Judge Wilkinson as national executive committeeman Of the or ganization- Joe Yates, as secretary of the executive committe notified the national Headquarters of the American Legion of the aforesaid ac- ton taken by the executive commit tee of the depart tment of Alabama
 Expunge From Record
 The petition also asks that the re- spondents be commanded, each of them, to expunge from the records of the department executive commit tee and from the records of the American Legion of Alabama, all ref erence to action taken by, them in dismissing the petitioner as mem Der of the national executive com mittee from Alabama, and that they be prohibited and restrained from in terfering with the petitioner in the discharge of his duties as national eX6CullNc Ltccildh ci tAC lc6%Vh from the department of Alabama.
 Upon final hearing the petitioner prays that the court will issue a writ of mandamNs directed to the respondents requiring them to no- tify the national Headquarters of the American Legion that their action taken on September l5, 1921. pur- porting to dismiss the petitioner, has teen adjudged by the court to pc null and void and of no effect.
 Following the filing or charges against Judge Wilkinson, who was special prosecutor for the state in E the trial of the nine Alabama na- tional guardsmen for the alleged lynching of William Baird. strik- ing miner in Walker county. who had kiIled soldier, the action com palined of was taken by the execu- tive committee. It was alleged that he had contributed newspaper ar tfcles seeking the conviction of the men while their case was still pend ing in the courts.