New Britain herald., 1920-03-06
THE MOTHER CHURCH
 LOSES IN ITS CASE
Christian Science Controversy
 Report Filed Today

Boston, March 6.-F1n0lnSS III favor of the trustees of the Chris tian Science Publishing society and of John V. Dittemore in their suits against the directors of The Mother church, The First Church of Christ, Scientists, are contained in the re- port of Frederic Dodge as master. which was filed here, today in the office of the clerk of the supreme judicial court. The master holds that the directors had no legal right to remove Lamont Rowlands of Picayune, Miss, from the board of trustees or Dittemore from the board of directors.
 ''The trust deed of 1S9S," the mas ter says, referring to the deed creat- ing the Pupblishing society trustees "seemS to me to contemplate a church whose voting members were to elect the new members and make its by-laws. and publishing so- ciety in close alliance with, but not under the rule of the church or it's officers
 MT. Dodge. who formerly was judge of the United States Circuit court here was appointed as master by Judge Loring of the supreme court to determine the facts at issue, and also to interpret two deeds of trust made in 1892 and 1898, respec- lively by Mary Baker Eddy, founder of the Christian Science church. In the first trust deed, Mrs. Eddy named four trustees since designated as directors. and in the second she pro- vided for trustees who should have charge of all publications intended 10 promote the growth of the Chris ton Science movement.
 Claim of Trustees.
 The trustees of the publishing so- ciety claimed that under their deed they were Independent of control by the directors. The directors con- tended that under the. bylaws and manual of the Mother church they were the supreme authority over all it's activities.
 Judge Dodge upholds the ground taken by counsel for khe trustees. and for Dittemore that the bylaws of the church did not confer powers upon the directors possessed by "dea- cons' or "wardens'' of churches in- corporated under the statutes of Massachusetts These bylaws in the opinion of Judge Dodge. are simply contract created by the signed ap- plications for membership in the church.
 He denies the contention of counsel 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 authority to dismiss one of their own members as we'll as a trustee of the publishing society.
 The master rules that at present there are two sets of directors of the Christian Science church. each hav- ing the same name. one constituted of board of four under the deed of 1892, and the other of five members acting under the bylaws made bv the directors in 1903 after First Members of the church had trans ferred their powers to the directors.
 In deciding in favor of Rowlands, Judge Dodge says that his removal bv the directors was unlawful because there was not concurrent action on the part of the First Members of the Christian Science church as reorired by the deed of Mrs. Eddy relating to vacancies.
 If the First Members had the power to abolish themselves and
 
 says the master. those directors were the ones appointed under Mrs. Eddy's deed and not the directors since created by the bylaws of the church.
 The only two directors he says. who had right to vote to remove, Rowlands were Adam H. Dickey and William R. Rathvon, and their votes were not majority of the board. Edward A. Merritt, bylaw director. Judge Dodge finds. had no right to vote; James A. Meals attempt to vote by telephone was illegal, and D1ttemore, 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 directors hoped that the remaining trustees would refuse to fill the Va cancy 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 a court of equity, and that as a by law 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 func- tiOns, and said that wit bout such a membership, the Christian Science church is nSt a body corporate under the statutes of Massa chusetts.
 The litigation began with he filing on March 25, 1919. of a bill in equity by the three trustees of the Christian science Publishing society-Herbert w. t,ustace, David F.. Ogden and La mont Rowlands-asainst the directors