The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1920-03-06
Of
SCIENCE CHURCH
WIN A SUIT
Directors Action In Gust
ing Publishing Official
Held Illegal

r-s sssseisTts r-sss
BOSTON. March Findings In
favor Of tho trustees OF the christian
Science publishing society and of
John v piitemure in their suits
against the directors nf the Mother
church. the First church o. Chris,
Scientist are contained in the report
of Frederic Dodge as master watch
was filed here to-day IN the office OF
the clerk OF the supreme judicial cour,
The master holds that the directors
had no legal right 20 rcmove Lamont
RowlHnda OF Pitnyuue. Miss from the
board of trustees oF Dlttcmore from
the board Of dircctors
The trust deed ot 1895" the master
says referring To the deed crentinr
the publishing society trustees. seems
to me to contemplate church whose
voting members We're 10 elect the new
mpmhcrs and make iia bylaws and
publishing society ln close alliance
with, hut not Under the rule OF the
church or It's officers"
I'gat~s- or Dosis of Trust
Mr.. Dodge. who formerly WAS Judge
7 of tho United states cirruit court
T here. wts appointed as master hy
Judge Lurirg ~ the supreme court 20
I determine the fncts at issue and also
10 Interpret twr deeds of trust made
In 1889 aud 1855. respectively. by
d Christian Science church. In the first
] trust deed Mra Eddy named four
] trustees. since drs guntcd as directors.
and in the sec ond she provided Tor
] trustees who should have charge OF
an publications. intended 10 promote
I the growth OF the Christian Science
movement.
The trustees Of the publishing So
I clctv claimed that under their dee
they we're lndrpendes ~ control by
| the directors rhe directors contend
cd that under the ny-l laws and manual
of The mother church they were The
supreme authority over all ~ activi-
ties.
Judge podr, upholds the ground
taken hy rpnni FOR the trustees ana
FOR plttemnre that the by-laWs Of the
7 church dld not confer powers upon
the directors possessed hy "deacons
, Cr "Wardens" oi churches Incorporated
under the statuics of Massachusetts.
These hy-nvs In the opinion of
Judge Dodge, are simply contract
( created by the igned applications Tor
7 memhership inths church.
Ito denies the contention Of counsel
FOR the directors appointed under the
T deed OF Trust of tNs2 that these di-
r"rtor~ and those created hy "a"
church bylaws are one and tho same
] body. having equal powers ana Hu-
thority 20 dismiss one of their NOM
bora MS we'll Js trustee Of the pub
fishing society
The master rules that at present
. Their, are two sets uf directors ul the
Christian Science church. each hav-
ing the same name. one constituted OF
/ q nuard of four under the deed Of
I iSge. and the other five members
7 acting under the bylaws made hy IN"
directors In 1903 after the First
, Members Of the church had trans
. ] rfn % the nNTHHfUfa.
RcmONHl JninNful.
In deciding in favor ut towHndS.
I Judge Dodge Says tiut his r'moNhl
by tho directors was unlawful hccaus"
there WIS NOE concurrent action ON
tho pprt uf tho first members of thu
christian Science church as required
by the decd of Mrs. Eddy relating tu
II the "First Members had the
power To- abolish themselves and
transfer their duties to the directors
. SAYS the master. those directors wer'
the ones appointed under Mrs. EddN
deed and NOT the directors since ere
nted by the hy-luws OF tho church.
The only two directors, ne says
who hnd a right to vote 90 remove
Rowlauds were Adam u. bickoy ant
william a. Enthvon, and their vote
were not majority nf the board
Edward \. Merritt. u bylaw director
\ II
vote. James A. Seals attempt tu vote
/ by telephone was Illegal and pittr
q more. who was present at the meeting
did NOT vote
Tho Judge further declares that th'
% charges against itowlauds were mo-
made n good faith. in tnat the dt
- rcctor- hoped that the remaining 'fhs
- ices would refuse 90 fill the vacancy
% and thus give cause Tor their remoVa
also .....
' rho court further hcid that Ditto
{ moro is a director under the 1899 doe'
. pud could Doe removed only by "a cnul
- rf ouufN and that as bylaw 81
q ....,.r ho could hc removed only 20
cause.
Judge Dodge expressed AN opinion
chat tHY "TIr-t Members uf IN
.nurcn may at some time rc7um" thol
functions and said that without ~ncI
p membership the Christian Scienc
. church Is NOT body corportt" undc
tho sufuie- of MazSachuscttr.
The litigation began with the ulln
!. ou March -r. 1913. of n hin iu Dquii
h, ih. fhr,r trustees of the 1hristin
-rtpury FURNISHING society, hrrhri
W Eu-tarc David g. ogden and Va
4 mont Row lands. against th" director
of ih, mother church consisting q
!, Adam H Di,kry. james a Nral. I'D
vprd Merritt William " lththN"i
Mrs Annie NJ, Knott and John
GittpmorC.
Tine inst hst two were named "a
,- ,-rfhrr ns the trustees of the publish
M ing society said they were unthl" ?
% determine Whrthcr the action Of ih
q. directors boo appointing Mrs. Knott
.e ran a Vncaucy caused hs the rcmoN'
liz OF Dittpmorc was Legal Mt, piit'
IS morc's bin against thf directors va
10 compel them 20 recognize him
one uf thor number
= Tho IpHr.rra began June Q and on,
| cd SCptCmNrf lt.
II