The Birmingham age-herald., 1923-11-30
DAMAGE VERDICT FIXED AT Sl2,5OO.
Green Awarded Heavy Dam ages For His Expulsion
 From Brotherhood
STATE CAPITAL BUREAU I
 THE AGE-HERALD !

mOHtBOneFys Ala, NOV. ~
 J. W. Green of Selma, former mem Der of the legislature, and known as Harmony" Green, won his long drawn out suit against the Brother hood of Locomotive Engineers for his expulsion from the order, when the supreme court of Alabama Thurs day revised conditionally the suit as Dallas county. The supreme court decided that the damages of $17,50o awarded Green In that court were excessive, and the award was fixed at S12500. Green is allowed 30 days to consent to the reduction. and on his giving sucn consent the case will be closed unless new hearing is granted before the supreme court.
 The court, in the opinion written by AssociHFe Justice Sayre, decided that, under the act of 1921, the grand International Brotherhood of Loco motive Engineers, could be sued al- though this act, allowing unincor- porated associations to sue and be sued, was passed after Greens cause held that this act was remedial merely and did not interfere with any vested rights, and hence could apply to cases pending at the time of its passage by the Alabama legis lature.
 A Historic Case.
 The history of the case goes back to April, 1917, on the eve of the en- trance of the United States into the World war. It Is said that at this time some citizens of Selma were gathered around a board, on which bulletins were posted announcing the approach of hostilities with Ger many, when one man in the crowd asked Green, member of the Broth erhood of Locomotive Engineers. what he would do if hiS union would call strike while the country was at war. At this time nation wide strike of engineers was threatened. Green Is said to have replied that his allegiance was first due to wife and family, then to his country and after that to his church.
 Shortly after this Green was ex- pelled from the Brotherhood of Lo- comotive Engineers by the lodge of which he was member. Thereby he lost insurance policies aggregating aroun S3,ooo, which he carried in an association affiliated with the Broth erhood and to membership in which only brotherhood members were eligible. After the passage of this act, suit was again instituted in the Dallas circuit court, and Green was awarded damages aSAlnsl lhc DIotii- erhood in the sum of $40, 900.
 Judge Henry B. Foster at present of the court of appeals, but then pre- siding at the Dallas court, informed the jury that the verdict was excess sive and that he would grant the de- fendant's motion for new trial un- less it was pared down. This was done and the damages reduced to s17.500. The present fight in the supreme court was made on the question of whether the unincorpo- rated association could be sued on a matter pending when the act of 1921 was passed. The high court held that this act was remedial merely and affected no vested rights and thas Greens suit could hence be maintained.
 The case has attracted considerable attention throughout Alabama on ac- count of the fact that the defendant is one of he largest and most pow erful of labor unions, while the plaintiff has twice been a member of the Alabama legislature and well known throughout the state as liar nony" Green. -