The Birmingham age-herald., 1921-05-13
GUARDSMEN WIN
 FIN AL DECISION
 IN SUPREME COURT
States Application for a Re. hearing In Case and Trial of Lynching Case Must Be
 Held In Marion
By FRED H. GORMLEY Montgomery Bureau. Tie Age-Herald 22t-2 First National Bank Building

Montgomery, May I2.-tSpecinL)-- Scrgt. Robert J. Lancaster and eight other members of the TuscaIoosn com pany of the Alabama National Guard won final decision of the supreme court Thursday in support of their right of trial in Marion county on a charge of participat ton in the lynch ing of Win Baird, striking union miner, In Walker county when the court overruied the states application for rehearing in the case which was decided in favor of the soldiers two weeks ago.
 By this decision the final effort of the state to force trial in the county in which the offense is alleged to have been committed by the soldiers proved unavailing. Nothing remains to bc done now, but the certification of the indictments against the soldiers to the circuit court of Marion county ana their trial before juries of that coun- ty. The court did not change it's origi- nal opinion made public with its de- cision on direct appeal. MT Justice Miller did not change a word
 It had been thought the court would have something to say in reply to the charge in the states brief prepared by Judge Horace c. Wilkinson, special prosecutor, that the court by it's de- cision had amended the law prescribing the method of applying for change of venue and in reply to the state- ment of Judge Wilkinson that attor- neys for the state resented the ap- parent imputation in the courts opin- 1nf hA,r harass the defendants by dismissing the original indictments out of the courts of Marion and Walker coun- ties and bringing new indictments which had the effect of returning the cases to Walker county.
 Judge T. l.. Sowell of the Marion circuit court has already announced that the soldiers will be arraigned and dates for their trials set as soon as the supreme court had disposed of the petition of the soldiers for a writ of prohibition preventing their trial in Walker county. Attorneys for the soldiers are now looking forward to an early trial and it Is probable the first of the nine cases will be pre- sented to jury of the Marion circuit court during the early part of June.
 In another case of state interest th, supreme court held that J. w. Greene. member of the house of representa tives from Dallas county cannot recov- CT $l5,000 from the Grand Interna- tional Brotherhood of Locomotive En- gineers as damages for his dismissal from the organization during the war. A jury in the Dallas circuit court gave MT. Greene the judgment, but the SUI preme court reversed it and hel tha; the organization could not be sued as # is not incorporated and is merely an organization of individuals. The individuals may be sued, but the or gan zation cannot.
 MT. Greene contended that he was dismissed from the organization when Ire refused to agree to go out on strike with the other members dur ing the World war. He told the or sanization his allegiance was first to the American government. and second to the labor organization, according to his allegation.