New-York tribune., 1920-03-07

close alliance with, but not under the
rule Of, tho church or its officers"
He denies the contention Of coun-
sci for the directors appointed under
the deed Of trust of 1892, that these
directors and those created by the
church bylaws are one and the same
body, having equal powers and author
ity to. dismiss one Of their own mem
hers as we'll as trustee of the pub
fishing society.
The master rules that at present
there are two sets of directors OF the
Christian Science Church, each having
the same name, one constituted Of a
board Of four under the deed Of 1892,
and the other of five members acting
under the bylaws made by the direc-
tors in 1903 after "First Members" Of
the church had transferred their powers
to the directors.
In deciding in favor of Rowlands
Judge Dodge says that his removal by
tho directors was unlawful because
there was concurrent action on the part
Of the First Members of the Christian
Science Church as required by the deed
of Mrs. Eddy relating to vacancies.
If the "First Members" had the pow
er to abolish themselves and transfer
their duties to the directors, says the
appointed under Mrs. Eddy's deed and
not the directors since created by the
bylaws of the church.
The only two directors, he rules, who
had a right to vote to remove Row.
lands were Adam H. Dickey and Will
lam r. Rathvon, and their votes were
not a majority Of the board. Edward
A. Merritt, a bylaw director, Judge
Dodge finds, had no right to vote;
James A. Meals attempt to vote by
telephone was illegal, and Dittemore,
who was present at the meeting, did
not vote.
The judge further declares that the
charges against Rowlands were not
made in good faith, in that the di-
rectors hoped that the remaining trus-
tees would refuse to fill the vacancy
and thus give cause for their removal
also.
The court further held that Ditte-
more is director under the 1892 deed,
and could be removed only by court
Of equity, and that as bylaw director
he could be removed only for cause.
Judge Dodge expressed an opinion
that the First Members" Of the
Church may at some time resume their
functions, and said that without such q
membership the Christian Science
Church is not body corporate under
the statutes Of Massachusetts.
The litigation began with the filing
on March 25, 1919, Of bill in equity
by the three trustees of the Christian
Science Publishing Society-Herbert
W. Eustace, David E. Ogden and La
mont Rowlands-against the directors
of the Mother Church, consisting Of
Adam H. Dickey, James A. Neal, Ed
ward A. Merritt, William R. Rathvon,
Mrs. Annie NJ. Knott and John v.
Dittemore.
The hearings began June and end
ed September IL. Counsel for the pub
fishing society trustees were Sherman
L. Whipple, of Boston; Charles E..
Hughes, Of New York; Silas H. Strawn,
of Chicago, and Lothrop Wilmington,
of Boston. Frank S. Streeter, of Con-
cord, N. H., represented Dittemore, and
former Governor John L. Bates and E.
E. Dane, Of Boston, E. A. Krauthoff, Of
Washington, and Judge Clifford P.
Smith, of Boston, appeared for the di-
rectors.
The trustees of the publishing So
ciety asked the court to enjoin the
directors from interfering in the man
agement Of the affairs of the society
or engaging in a competing business.