Evening journal., 1920-03-06
science CHURCH
LOSES SUIT
Dittemore Unlawfully Ousted
From Publishing House,
Court Finds
MOTHER EDDY
TRUST INTERPRETED

BOSTON, March G UNITED Pressl.-
Trustees Of the Christian Science Puf
fishing Society yesterday on their sui
against the Christian Science Board q
Directors to restrain the directors fror
interfering with the society.
AZ the same time John v nittemor
won his suit for reinstatement as
member Of the board Of directors.
John Frederick Dodge. as special mas
ter. found that the directors had NJ
legal right to remove Lamont Row.
lands from the board Of trustees anC
that the charges against him were mol
sufficient in law nor made in good
faith. Il was also held that the direc-
tors had no power to discharge Dltte-
mere and that even II they had the
power the reasons assigned were in
sufficient 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
% four trustees 20 be known as the
~Christian Science Board OF Directors
with certain powers, the land upon
which tlle mother church was later
erected. The other, dated January %.
1898. gave 10 the three trustees the
property Of the Christian Science Pub
fishing Society upon certain perpetual
and irrevocabc trusts for the promo
ion OF The interests Of Christian
Science and required payment OF the
net profits TO the treasurer Of the
mother church.
The suit was precipitated in March J
1919. when the directors. Diltemore dis I
sentin9, attempted 20 dismiss R0wlands. ,
Aftor voting 20 do this the board pass
ed another resolution, which. after re-
citing charges purported 10 dismiss
Dittem0re. The three trustees immed-
lately brought suit to restrain the
members OF the board OF directors
from interfering with the publishing
society and 20 declare the action Of the
board Illegal. Later. Dittemore brought
suit declaring the action OF the borad
Illegal and asking reinstatement.
Judge Dodge found that the contro-
Aersy began in the fall OF 1918 re- Z
sardlng the extent that the trustees Of
the publishing society were subject to 7
control and supervisor by the directors. I
10 became acute when The trustees re-
fused TO sign an agreement whereby :
they were made TO declare their un- Z
derstandlng with the directors 10 be 4
that The directors had final authority
IN regard TO the publishing society. As Z
The trustees refused to do this. the di- ,
reciors passed a resolution dlsmissing :
howlands. The Judge found that this \
was done in pursuance Of a plan TO !
bring about retirement Of all the \
trustees and 30 install In their places
trustees who would admit the directors !,
final authority.
Rowland was completely exoneraied
from The charges contained in the So \
luton OF dismissal
Tie Judge found that the real rea- :
son Tor selection Of him for removal I,
was that he had been the last appoint =
ed Of three trustees because he had no !,
pupils in Christian Science as had his n
co-trustees; bectuse he had not so 4,
many Christian Science friends who -
might be disturbed by his removal rs a,
they had and that the directors who !,
voted 10 remove him were induced toi
no so rather by their purpose 10 carry NJ
''''-H 'tNA pau 70 OUltln control az
u the publishing society than by any
ef The reasons they cited in the resolu- q,
lion. ~
In passing upon the question OF pow Ia
'r OF the directors TO dismiss a trustee
of The publishing society. Judge Dodge AZ
found that Mrs Eddy expressly gave IN
his power 10 the "ilrst members" NJ ON
ne church but required also. concur w
'enee Of the trustees under the deed or In
cs2. designated as the Christian Sci or
nee Board OF Directors and that this NJ
bower did not survive 10 the present.
irectors when The FIRST members le
'endered themselves incapable OF OK NJ
'rcising the power OF removal given p,
o them. It was also found that the NJ
ilrectors do not constitute CORPORATE w
'ody and that they could not increase II,
heir number 90 i've. Ar
II was further found that by the nro- NJ,
isions OF the trust deed OF 1898 estab- Mi
ishing a publishing society. Mrs Fddv to,
eserNed only q power 10 control Tho 81
rnstees IN the management OF their .Iai
business to be exercised at her onfion
'y Mrs. Eddy herself and 10 cease al ba
Ter death. ,S ,S
Judge Dodge found that Dittemore is
. member OF the board OF directors in M,
'tead Of Mrs. Annie NJ. Knott. elected
. her place, both under the trust decd =
u 1872 and the bylaws OF the church N,