The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1920-02-22

tees would reluSe TO HI the vacancy |
and thus give cause for their removal |
also.
The court further held that Dltte.
more is director under the 1892 denl. |
and could be removed only by =,
court of equity, and that as a bylaw |
director he could be removed only |
for cause.
Judge Dodge expressed an opinion
that the First Members of the churcn
may at some time resume their func.
tons and said that without such Il
membership the Christian Science
church is not a 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-Herbcr,
w. Eustace. David T.. Ogden and L..
mont Rowlands-against the directors
of the Mother Church, consisting ..
Adam ii. Dckey, James \. Neal El
ward A. Merritt William r. Rathvon,
Mrs. Annie NJ. Knott and John V.
Dittemore.
The last two We're named togeth
err rs the trustees of the publish
ing society said they We're unable to
determine whether the action of the
directors in appointing Mrs. Knott 20
fill a vacancy caused by the remova,
of Dttemore was legal Mr.. Dittemore's
bill against the directors was to COM
pei them to recognize him as one
of their number.
The hearings began June 3 and end
ed September L. Counsel for the pub
fishing society trustees We're Shermon
L. Whipple of Boston; Charles Z.
Hughes of New York; Silas II. Strawn
Of Chicago, and Lothrop Wilmington
| of Boston Frank $. Streeter of ca.
cord, n. H.: William G. Thompson Of
Boston, and F. c. Demond of Con
cord, y. H., represented Dttemore,
and former Governor John l.. Bates
and T.. T.. Dane of Boston, T.. \.
Krauthoff of Washington and Judge
Clifford =. Smith of Boston, appearel
for the directors.
| The trustees of the publishing go
ciety asked the court to enioin the
directors from interfering in tho
management Of the affairs of the So
ciety or engaging in a competing
business. Judge Dodge in his ful-
ings says
THE provision Of the trust deed
that the trustees should manage the
business under their own RESPONSE
bility and subject only to Mrs. Eddys
supervision, prevents me from find
ing an intention or purpose on her
part, then existing, to subject them
to supervision by any other consti'
tuted authority of the church. I
am unable to find as requested, that
she intended all branches of Christian
Science activities instituted by her 10
be carried on under unified supcr-
vision of the constituted authorities
of the church to which the deed re-
fers.
mo such intent or purpose on her
part seems to me very clearly mani.
tested at any time. 1t is to be gather
ed, if at ALL only from bylaws dp-
proved by her at II later period, after
the trust established by the deed had
been for some years in operation, ana
as the various branches of Christian
Science developed in number and i'm.
portance, and it appears to have b. N
an intent or purpose later formed
rather than one existing when the dee |
was made.
The trust decd of 1898 seems Ia
me to contemplate church whose
voting members were to elect the
new members and make its bylaws;
and a publishing society in close
alliance with, but not under the rule
Of the church or its officers. The pro
visions of the deed do not seem to
me to contemplate or to suit a church
absolutely ruled in these and in other
matters by an Independent board, or :,
publishing society under the rule OF
the board.
Changes in the terms Of the trIs'
which Mrs. Eddy omitted to make are
necessary in order to bring them int7
harmony with the plan of church gov
ernment adopted and followed after
1901, o. give them the effect contende1
by the defendants. AS they stand,
cannot consider them capable OF a
construction such as would give them
that effect"
Referring again to the removal o,
Rowlands, Judge Dodge says that il
the Supreme Court should decide tha,
the directors of the church had the
power to remove Rowlands without
concurrent action by the First Mem
bers of the church, the vote dis
missing him would still be illegal ana
ineffective, as it was not majority
vote.
In considering this aspect of the
case Judge Dodge draws a distinction
between the two sets of directors. Mer
ritt, who voted to remove Rowlands
was elected on July 19, 1917, to fill =
vacancy occasioned by the death OF
Archibald Mcclellan. The latter was
made n member of the board of di
rectors when that board, on Febru
ary Z, 1903, adopted a bylaw to III
crease the number from four to five
Such action, Judge Dodge believes, wh'
in violation of Mrs. Eddy's declaration
OF trust, which provided for foul
directors only, and therefore neither
Mr.. Mcclellan nor Mr.. Merritt was
ever a legal member of the board.
"In adopting the resolution" Judge