The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1920-03-06
Judge Interprets Deeds of Trust
by Mrs. Eddy.
Displaces New Members on
Society Publishing Board.
CLEAR ROWLANDS COMPLETELY
Fight Between Mother Church
Trustees and Publishers.
Complete Dominance Over Pub
fishers Was Desired.

Boston, March 6-The trustees of |
the Christian Science Publishing So i
ciety today won their suit against the |
Christian Science board of directors to |
restrain the directors from interfering |
with the society.
At the same time, John V Ditto |
more won his suit for reinstatement |
as member of the board of directors. |
John Frederick Dodge, as special /
master. found that the directors had !
no legal right to remove Lamont Row !
lands from the board of trustees and
that the charges against him were not
sufficient in law nor made in good
faith. 1t was also held that the di
rectors had no power to discharge
Dittemore and that even If they had
the power, the reasons assigned were
insufficient and not made in good
faith.
Immediately after the decision was
| made known, the Christian Science
board of directors sent out a com
church, First Church of Christ Scien-
| tist," in which it was asserted that the
decision in favor of the board of trus-
| tees is not final.
The letter said in part:
Much of the report is unfavorable,
but it is not a final decision; it is sub
| ject to review by the supreme judicial
| court of Massachusetts,, first by sin
gle justice thereof and later by the full
| court of five justices. At least some
| months are likely to elapse before
their final decisions can be obtained"
| Interpreted Two Deeds.
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 to four trustees, to be known as
the christian Science board of direc-
| tors" with certain powers, the land
upon which the mother church was
! later erected. The other. dated Janu-
airy Is, 1898, gave the three trustees
the property of the Christian Science
| Publishing society upon certain per-
| petual and irrevertable trusts for the
| promotion of the interests OF Chris
tan Science, and required payment of
| the net profits to the treasurer of the
mother church.
The suit was precipitated in March,
I1919, when the board of directors,
| Dittemore dissenting, attempted to
dismiss Rowlands. After voting to do
this, the board passed another resolu-
| ton which, after reciting certain
| charges, purported to dismiss Ditte-
more. The three trustees Immediately
brought suit to restrain the members
of the board of directors from inter-
fering with the publishing society and
to declare the action of the board il
legal. Later. Dittemore brought suit,
declaring the action of the board
illegal and asking reinstatement.
Rowlands Is Cleared.
Judge Dodge found that the con-
troversy began in the fall of 1918 re-
garding the extent that the trustees
of the publishing society were subject
to control and supervision by the
directors. 1t became acute when the
trustees refused to sign an agreement
whereby they were made to declare
their understanding with the directors
to be that the directors had final au-
thority in regard to the publishing
AG h.
this the directors passed a resolution
dismissing Rowlands. The Judge
found that this was done in pursuance
of plan to bring about retirement of
all the trustees and to install in their
places trustees who would admit the
directors final authority.
Rowlands was completely exonerated
from the charges contained in the
resolution of dismissal. The Judge
found that the real reason for selec-
ton OF him for removal was that
he had been the last appointed of the
three trustees; because he had no
pupils in Christian Science as have his
| co-trustees; because he had not so
| many Christian Science friends who
might be disturbed by his removal as
they had and that the directors who
!; voted to remove him were induced to
do so rather by their purpose to carry
thru their plan to obtain control of
the publishing society than by any of
| Lie AcaSOIIo they T6ClteQ their TeSO-
t luton.
Power TO First Members,
In passing upon the question of
power of the directorate to dismiss a
trustee of the publishing society,
Judge Dodge found that Mrs. Eddv
expressly gave this power to the first
members of the church but required
=. also concurrence of the trustees under
, the deed of 1892, designated as the
: Christian Science board of directors
!; and that this power did not survive
to the present directors when the
first members" rendered themselves
incapable of exercising the power of
, removal given to them. 1t was also
found that the directors do not con-
stitute corporate body and that they
could not increase their number to
five. 1t was further found that by the
: provisions of the trust deed of 1898,
esta blishing publishing society, Mrs.
Eddy reserved only a power TO control
i, the trustees in the management of
their business, to be exercised at her
option by Mrs. Eddy herself and cease
i at her death.
| Judge Dodge found that Dittemore
i is g member of the board of directors
| instead of Mrs. Annie M. Knott, elect
4 ed in his place. both under the trust
/ deed of 1892 and the laws of the
/ church
Two Killed In Still Battle.
Huntington, w. V. March 1.-TWO