The Birmingham age-herald., 1919-03-27
LITIGATION BEGUN ID DETERMINE WHO
 ARE REAL TRUSTEES
Temporary Injunction 1s- sued to Prevent Interfer- ence With the Christian
 Science Publishing Co.
By AssoeIatsd Prsss

| By Associated Pro.
 l Boston March 26-Litigation has
 been started in Massachusetts supreme 1 court in an effort to determine which , of two sets of trustees appointed by 1 the late Mrs. Mary Baker Eddy has 1 authority over the Christian Snence Publishing society. On petition of the 1 trustees of the society the court has issued temporary injunction restr in 1 ing the directors of thet First Church 1 of Christ Scientist, from taking any | action intended to interfere with the trustees in the discharge of their duties
 and from attempting to compel anJ of
 the trustees to resign.
 | The trustees of the society. appointe1 l 1 by Mrs. Eddy in 1898. are Herbert w. Eustace of Boston, David B. ogden of Brook1ine and Lamont Rowlands of l Picayune. Miss. The directors of the 1 church, who also are trustees under deeds executed by Mrs. Eddy in 1899 and 1903, are Adam H. Dickey, James A. l Neal and Edward A, Merritt, all of Brookline. and William R. Rathvon of Boston. Joined with them as defendants 1 are John V Dittemore and Annie M. | Knott, both of Boston, each claiming | | with other defendants.
 The plaintiffs in their bill of com l plaint say that the first four named de- l fendants have recently removed Ditte- more and apointed Mrs. Knotts as h.s successor, and that they do not know which is now the legal occupant Of the l position.
 The bill sets forth that Mrs. Eddy
 as founder of the Christian Science 1 movement, determined to put into the l hands of different sets of trustees the 1 organization of Christian Science l churches and the work of circulating l Christian Science publications. It de- 1 clares that the trustees of the publish I ing society have held and managed the l property which came to them under the 1 deed of trust of 1898 exclusively for
 the purposes declared and defined there | in and solely for the promotion and 1 extension of the religion of Christian
 Science as taught by Mrs. Eddy"
 HIGHLY PROSPEROUS l The plaintiffs assert that the affairs
 Of the society have been highly pros peroua and successful and that they 1 have paid over to the defendants in their capacities as directors and trus-
 tees more than $450,0 as earnings and
 profits from their conduct of the trust | for period of six months ending Oc- | tober 1, 1918. They point out that the 1 defendants are directors only of the | First church, known as the Mother church. and have no official control of 1 the more than 1900 other Christian Sci-
 erce churches and societies.
 | They declare that the directors, since | the death of Mrs. Eddy, have been grad ually endeavoring to assume and exer
 else powers with regard to the publish 1 ing society which the directors never | assumed or attempted to exercise dur | in the lifetime of Mrs. Eddy. l Within the last few months, the plain
 tiffs say, 'the directors have repeatedly | insisted that the board of trustees (of
 the publishing society," should make open, specific and public acknowledgment that
 the directors were the supreme and final
 authority with reference to all of tre
 affairs of the publishing society and the l management of the trust created by the
 trust deed of 1S9S''
 !! The plaintiffs say that upon advice Of ] counsel they refused to make such ac-
 knowledgment and that, on January g., l last, the directors demanded that the | trustees of the publishing society re- sign.
 1 RECIPES OPINION
 The bill of complaint then recites an opinion submitted to counsel for the di-
 rectors John l.. Bates. Clifford P. Smith, 1 Leon M. Abbott and Edwin A. Krauthoff. 1 by counsel for the trustees Of the so- ciety, Charles E. Hughes, Silas H. Strawn
 and Sherman L.. Whipple to the effect | that the directors have no authority to order the resignation of the trustees 1 The plaintiffs say that at conferences held in an attempt to harmonize the diff | ferent views, the directors Insisted as | a. condition of their continuing to hold
 their offices that the plaintiffs should
 explicitly and in writing repudiate the | -sxxs- 1sr al | The bill says that the directors on
 March r attempted to remove MT. Row | lands as trustee and declare his office vacant by serving him with notice of dismissal, and on the next day demanded ! that the remaining trustees appoint as
 his successor a person who is suitable
 and satisfactory to the board of direc- 1 tors"
 l The plaintiffs declare that the directors 1 in seeking Mr. Rowlands' dismissal are
 making "an arbitrary and capricious at tempt to exercise fancied power which
 does not exist" and that this action "is Undertaken for the purpose of extending the power of the directors" and thus create ian absolute oligarchy in control
 of the great Christian Science move ment."
 The plaintiffs also charge that the de- l fendants "have stated to many Chris tian Scientists in substance that they plan 1 to obtain control of the publishing so- ! ciety or to destroy fl"
 They ask that the defendants be en- joined from interfering with MT. Row Hands or the other plaintiffs in the dis charge of their duties as trustees. that the attempted dismissal of MT Rowlands l be adiudged as of no legal effect; that the defendants be enioined from carry | ing out any plan to compel the plaintiffs
 to resign or to injure the business Of the publishing society and from taking jany action tending to defeat the pur- poses of Mrs. Eddy as set forth in the 1 trust deed of 1SaS
 TWO AIRMEN DIE