The Pensacola journal., 1920-03-07
SCIENCE CHURCH.
FILED.
Frederic Dodge, Special Master,
Reports in Favor of Trus-
tees in Legal Action.
REMOVALS ILLEGAL
Directors Could Not Remove
Rowlands as Trustee, Under
Bylaws, Dodge Reports

Boston, March 6.-E1ndlngS in favor
of the trustees of the Christian Science
Publishing Society and of John "
Dittemore in their suits against the
directors of The Mother Church. The
First Church of Christ, Scientist, are
contained in the report of Frederic
Dodge as master. which was filed here
today in the office of the clerk of
the supreme judicial court The mas
ter holds that the directors had no
legal right to remove Lamont Row
lands 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 creating
the Publishing Society trustees, seems
to me to contemplate a church whose
voting members were to elect the new
members and make it's bylaws, and a
publishing society in close alliance
with, but no under the rule of, the
church or its officers"
Mr.. 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, respectively 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 provided for trustees
who should have charge of all pub
Iications intended TO promote the
growth of the Christian Science move
ment.
The trustees of the publishing So
ciety claimed that under their deed
they We're independent of control by
the directors. The directors contended
that under the bylaws and Manual
of the Mother Church they We're the
supreme authority over all its activi-
ties.
Judge Dodge upholds the ground
taken by counsel for the trustees and
Dittemore that the bylaws of the
church did not confer powers upon
the directors possessed by "deacons"
or "wardens" OF churches incorporated
under the statutes of Massachusetts.
These bylaws, in the opinion of Judge
Dodge. are simply contract created
by the signed application for MEM
bership 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 created by the church by
laws are one and the same body, hav-
ing equal powers and authority to dis.
miss one of their own members
The master rules that at present
! there are two sets of directors of the
Christian Science church, each having
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 by the direc-
| tors in 1903 after First Members'}
of the church had transferred their
powers to the directors.
In deciding in favor of Rowlands,
Judge Dodge says that his removal
the directors was unlawful because
there was not concurrent action on
the part of the First Members of the
Christian Science church as required
by the deed of Mrs. Eddy relating to
vacancies.
IF the First Members had the
power to abolish themselves and
transfer their duties to the directors.
says the master, those directors We're
the ones appointed under Mrs. Eddy's
/ deed and not the directors since ere
ed by the bylaws of the church.
The only two directors, he says. who
had a right to vote to remove Row
lands were Adam H. Dickey and Will
liam r. Rathvon, and their votes were
not majority of the board. Ed
ward A. Merritt, a bylaw director,
Judge Dodge finds, had no right to
vote; James A. Neafs attempt to vote
by telephone was illegal, and Ditte-
more. 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 di-
ret1ors hoped that the remaining trus-
tees would refuse TO fill the sacancy
and thus give cause for their removal
also.
The court further held thaS Ditte-
more is a director under the 1882 oeeo.
and could be removed only by court
of equity, and that as a bylaws oi-
rector 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 without such a
membership. the Christian Science
church is not a body corporate under
the ssatates Of Massachusetts.