Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1920-03-06
SCIENCE CHURCH
PUBLISHERS WIN
LEGAL BATTLE
Ruling Against Directors on
Questions Involving Will
of Mrs. Eddy.

Ol WI De GOdts
BOSTON, March 6.-The trustees Of the
Christian Science publishing society to-
day won their suit against the Christian
Science board of directors to restrain the
directors from interfering with the So
ciety.
At the same time John V. Dittmore won
his suit for reinstatement as a member
OF the board of directors.
John Frederick Dodge. as special mas
ter, found that the directors had no legal
right to remove Lamont RowIands from
the board of trustees and that the charges
a-f INST him were not sufficient In law
FOR made in good faith 1t was also
hcid that the directors had no power TO
discharge Dittemore and that even IL
they had the power the reasons assigned
were insufficient and not made in good
faith.
The suit involved Interpretation Of
two deeds OF trust made by Mrs. Mary
Baker Eddy, founder Of the church. The
first, made in September, 1892, gave to
four trustees, to be known as the Chris
tian Science board of directors" with
certain powers, the land upon which the
mother church was later erected The
other, dated Jan. %, 1898, gave to the
three trustees the property of the Chris
tan Science publishing society upon GER
tain perpetual and irrevertable trusts
for the promotion of the interests Of
Christian Science and required payment
of the net profits to the treasurer Of
the mother church.
SUIT FOLLOWS
DISMISSAL ACTION.
The suit was precipitated in March,
1919, when the board Of directors. Ditto
more dissenting, attempted to dismiss
Rowlands. After voting to do this. the
board passed another resolution which
after reciting certain charges purported
to dismiss Dittemore. The three trustees
Immediately brought suit to restrain the
members of the board of directors from
interfering with the publishing society
and to declare the action of the board
Illegal. Later, Dittemore brought suit
declaring the action OF the board Illegal
and asking reinstatement
Judge Dodge found that the contro-
versy began in the fall OF 1918 regarding
the extent that the trustees OF the pub
fishing society were subject to control
and supervision by the directors. 1t be-
came acute when the trustees refused to
sign an agreement whereby they were
made TO declare their understanding with
the directors to be that the directors
had final authority in regard to the
publishing society. As the trustees re
fused to do this the directors passed a
resolution dismissing Rowlands. The
judge found that this was done in pur-
stance of a plan> to bring about retire
ment Of all the trustees and to install In
their places trustees who would admit
the directors final authority
ROWLANDs CLEARED
OF ALL CHARGES.
Rowlands was COMPLETELY exonerated
or the charges contained in the resoIu-
ton Of dismissal The judge found that
the real reason for selection of him for
a"--al was that he had been the last
appointed Of the three trustees because
he had no pupils in Christian Science
ifs las his cU-trustees; because lie had
not SO many Christian Science friends
who might be disturbed by his removal
as they had and that the directors who
voted to remove him were induced to do
so rather by their purpose to carry
through their plan to obtain control of
the publishing society than by any of
the reasons they recited in their reso-
luton.
In passing upon the question of power
of the directors TO dismiss a trustee of
the publishing society, Judge Dodge
found that Mrs. Eddy expressly gave this
power to the first members Of the
church, but required also concurrence of
the trustees under the deed Of 1892 des-
ignated as the Christian Science board of
directors. and that this power did not
survive to the present directors when the
first members" rendered themselves in
capable of exercising the power of re-
moval given to them. 1t was also found
that the directors do not constitute a /
corporate body and that they could not
Increase their number to five
CONTROL INTENDED
ONLY BY MRS. EDDY.
It was further found that by the pro- |
visions of the trust deed of 1898 estab |
fishing publishing society Mrs. Eddy |
reserves only a power to control the trus- |
tees in the manageme of their bust
ness. to be exercised at her option bv
Mrs. Eddy herself. and to cease at her
death.
Judge Dodge found that Dittemore is
q member Of the board of directors in. /
stead of Mrs. Annie NJ Knott. elected in
his place both under the trust deed of
1852 and the bylaws of the church.
The hearings begin June and ended
Sept u. 1919. Counsel for the trustees
were Sherman L, Whipple and Lathrop
Boston; Charles E. Hughes.
New York, and Silas Strawn, Chicago
Frank S. Streeter and F. C. Demond, Con-
cord, n. H, and William G. Thompson.
Boston, represented Dittemore and John
Z. Bates, Clifford P. Smith and Walter
Dane. Boston, and E. A. Krauthoff,
Washington, appeared for the directors. T
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llberty Nut ACKNOWLEDGEMENTS