The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1920-02-22
An Epitome Of the Syllabus Of the
Opinion of Frederic Dodge, Special
Master, in the Matter of the Christian
Science Publishing company VS. the
Board Of Directors of the Mother Church

Boston. Findings in favor of tn.
trustees of the Christian Science Pub.
fishing Society and OF John w. Dlt.e.
more, in their suits against the diiec.
tors or The Mother Church, The FRS,
Church OF Christ Scientist, are con.
tanned in the report of Frederic Dodge
as master. which was filed here in
the Office of the clerk of the supreme
judicial court. The master holds that
the directors had no legal right to fe.
move Lamont Rowands of Picayune,
Miss, from the board of trustees. or
o Dittemore from the board of diren.
tors.
THE trust deed of 1895" the master
says, referred to the deed creating
the publishing society trustees. seems
to me to contemplate a church whose
voting members were to elect In.
new members and make its bylaws, ana
a publishing society in close alliance
with. but not under the rule of the
church or its officers"
Mr.. Dodge. who formerly was Judge
Of the United States circuit court he'c,
was appointed as master by Judge Lor.
ing Of the supreme court, to deter.
mine the facts at issue, and also
TO interpret two deeds of trust male
in 1892 and 1898, respectively, by
Mary Baker Eddy. founder OF the
Christian Science church. In the fir,,
trust deed. Mrs Eddy named four
trustees, since designated as directors
and in the second she provided for
trustees who should have charge ol
all publications intended to promote
the growth OF the Christian Science
movement.
The trustees of the publishing so
ciety claimed that under their deed
they We're independent of control by
the directors The directors contend
ed that under the bylaws and Man
ual of the mother church they Were
the supreme authority over all It's
activities.
Judge Dodge upholds the ground tGk
en- by counsel for the trustees anc
for Dittemore that the bylaws of ia,
church did not confer powers upOr
+ the directors possessed by "deacons
or "wardens' of churches incorpor'.
ed under the statutes of Massachusetts
These bylaws in the opinion of Judet
by the signed applications for mem
bership in the church.
He denies the contention of coun
sci for the directors appointed unde
deed of trust of 1892. that these direc
tors and those created 10y the churcl
bylaws are one and the same body
having equal powers and authority /,
dismiss one of their own members a
. we'll as a trustee of the publishing SO
ciety.
The master rules that at preseI
there are two sets of directors of tn
Christian Science church, each havini
the same name. one constituted of
board of four under the deed of 1892
and the other of five members actin
under the bylaws made by the d
rectors in 1908 afte. the board O
First Members" of the church ha
transferred their powers to the d
rectors.
In deciding in favor Of Rowland.
Judge Dodge says that his removu
by the directors was unlawful, becaus
there was not concurrent action on tn
part of the First Members of tn
Christian Science church, as requil
ed by the deed ot Mrs. Eddy rela'
ing to vacancies.
II the First Members" had tn
power to abolish themselves and tran
fer their duties to the directors, 50
the master, those directors were In
ones appointed under Mrs. Eddy
deed and not the directors since crel
ed by the bylaws of the church.
The only two directors, he says WI
had a right to vote to remove Row
lands were Adam II. Dickey and WI
liam r. Rathvon, and their votes wer
not a majority of the board. Edwar
A. Merritt, a bylaw director, Juds
Dodge finds, had no right to votl
James A. Meals attempt to vote
telephone was illegal, and Dittemor,
who was present at the meeting, i!
not vote.
The judge further declares that til
charges against Rowlands were ne
made in good faith, in that the
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