Evening star., 1920-03-06
SCIENTIST Church
PUBLISHERS HELD
| FREE OF DIRECTORS
Mother Church Officials Hit
by Ruling of Special Master
in Big Suits.

BOSTON, March 6.-Findings in IA
vor Of the trustees Of the Christian
Science Publishing Society and Of
John ". Dittemore in their suits
church, the First Church of Christ.
Scientist. are contained in the report
OF Frederic Dodge as master, which
was flled here today in the ONCE Of
the clerk of the supreme judicial
court.
The master holds that the directors
had no legal right to remove Lamont
Rowlands OF P1cayune, Miss, from the
board OF trustees or Dittemore from
the board Of directors.
The trust deed Of 1893" Judge
Dodge says. referring TO the deed
creating the publishing society trus-
tees. "secms to me to contemplate q
church whose voting members were
to elect tho new members and make
its bylaws, and a publishing society
IN close alliance with. but not under
the rule OF. the church or its ohacers."
Mr.. Dodge. who formerly was Judge
Of the United States circuit court
here, was appointed a. master by
Judge Loring OF the supreme court to
determine the facts at issue. and also
in 1899 and 1898. respectively. by
Mary Baker Eddy. founder Of the
Christian Science Church In tho first
trust deed Mrs. Eddy named four
trustees. since designated as direc-
tors. and in the second she provided
for trustees who should have charge
Of all publications intended to pro-
mote the growth Of the Christian
Science movement.
Claia Of Trustees.
The trustees Of the publishing 40
ciety claimed that under their deed
they were Independent Of control by
the directors. The directors contended
- hvv L. q
Of the mother church they were the
supreme authority over all its ac-
tivittes-
Judge Dodge upholds the ground
taken by counsel for the trustees and
for Dtttemore that the bylaws Of the
the directors possessed by "deacons"
or "wardens' of churches incorporat-
ed under the statutes Of Massachus-
etts. These bylaws. in tho opinion Of
Judge Dodge, are simply a contract
created by the signed applications for
membership In the church.
He denies the contention Of counsel
for the directors appointed under the
deed of trust Of 1892 that these direc-
tors and those created by the church
by-laws are ono and the same body,
having equal powers and authority to
we'll a. . trustee of the publishing So
ctsty.'
The master rules that at present
there orc two sets OF directors Of the
Christian Science Church. each hav-
ing the same name. one constituted OF
1892. and tho other of five members
acting under the bylaws made by
the directors in 1903 after 'irst mem
bers'' Of the church had transferred
their powers to the directors.
IN deciding In favor Of Rowlands,
Judge Dodge says that his removal
by the directors was unlawful be-
cause there was not concurrent action
on the part of the drst members Of
the Christian Science Church. as re-
ouired by the deed Of Mrs. Eddy re-
lating to vacancies.
II tho "nrst members" had tho pow
er to abolish themselves and transfer
their duties TO the directors. says the
master, those directors were the ones
appointed under Mrs. Eddy's deed and
not the directors since created oy the
bylaws Of the church.
Legality OF Votes.
Tho only two directors. he says
Row1ands wore Adam H. Dieksy and
William r. Rathvon. and their votes
were not a majority Of the board. Ed
ward A. Merritt, bylaw director,
Judge Dodge finds had no right 70
vote. James A. Meals attempt to vote
by telephone WAS iAoeo oi' oA.N A>'ee.
more, who was present AT tue moet'
Ing, did not vote.
The Judge further declares that the
charges against Rowlands were not
made in good faith, in that the d.
rectors hoped that tho remaining
trust ees would refuse to I'LL tho va
cancy and thus give cause for their
removal also. The court further held
that Dittemore is a director under the
1899 deed and could be removed only
by q court Of equity. and that a. q
bylaw director he could be removed
Judge Dodge declared the first mena-
bers 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 tho statutes OF NAB
sachusetts.
The litigation began with the nling
on March IS, 1919, OF bill IN equity
by the three trustees OF the Christian
Science Publishing Society-Herpert
w. Eustace, David e. Ogden and La
mont -Rowlands-against the directors
Adam H. Dickey. James A; Neal; Ed
ward A. Merritt. William r. Rathvon.
Mira. Annie NJ. Knott and John v. Dit
temore
The last two were named together,
as tho trustees Of the publishing So
ciety said they were unable to deter"
mine whether the action OF the direct
ors In appointing Mrs Knott TO MI z
vacancy caused by the removal ot
pd5temors was legal. Mr.. Dittsmores
pei them 70 recognize him a. one Of
their number. HearinEs began June
ana ended SAntemb0r IL