The New York herald. [volume] (New York, N.Y.) 1920-1924, 1920-11-30
NOTED COUNSEL HEARD
Publishing Society Seeks to
Prevent Interference of
Directors.
FIVE ACTIONS GROUPED
Lawyers Clash at Opening of
Arguments for an Ousted
Director.

Special Despatch 10 THE New YORK HERALD.
Boston, Nov. 29.-Before five Justices
of the Supreme Judicial Court of Massa-
chusetts-with two exceptions the full
bench of that highest tribunal-the final
stage was reached to-day in trial that
will be commented upon by future his
torians as one of the famous cases"
Upon its determination depends the flu
ture OF a whole great church organiza-
ton extending throughout the world---the
Christian Science organization with its
1900 branches.
The main point at issue is how that
church organization shall be controlled
whether by supreme board of directors.
having q check upon every activity OF
the church and its related activities or
whether that control shall not extend to
the trustees of the publishing society
which prepares and issues the literature
of Christian Science. which is read in
the homes. churches and reading rooms
of the sect.
Eminent Counsel Appear.
Five separate actions have been
grouped for argument and three days
assigned by the full bench to hear the
torneys representing different litigants,
though only six of them are to address
the court. They include such promi-
nent members of the profession rs
Charles f. Hughes. John L. Bates.
former Governor of Massachusetts At
torney-General J. Weston Allen. Sher-
man l.. Whipple. Gen. Frank s. Streeter.
Charles +. Choate. Jr., Miles NJ. Dawson
of New York. William G. Thompson, Ed
win A. KraIthoff and others.
Mr.. Hughes and Mr. Whipple are
chief counsel for the trustees of the
Christian Science Publishing Society. Mr..
Bates and the directors; the Attorney
General for the people. Mr.. Thompson
and Gen. Streeter arc for Mr.. Dittemore,
who Is seeking reinstatement as di-
rector; Nj Krauthon for himself and
others, and Mr.. Dawson for Mrs. E.B.
Hulin.
The Justices who were on the bench
are Chief Justice Arthur P. Rugg.
Henry X. Braley. John C. Crosby.
Janss 3. Carroll and Charles f. Jenney.
widespread Interest shown.
The great and widespread interest
there is in the case was apparent from
rhc fact that as early as o'clock this
morning persons actuated by fine re-
ligous frenzy. by sincere concern for
the future of their church. or possibly
by curiosity were sitting on the Court
House steps. They remained there
patiently. despite the cold and discom-
fort of their position. until the doors
we're opened at $50 o'clock, by which
time the first group had been joined by
many others. They had been informed
in advance that. outside the attorneys.
only 125 persons could be admitted TO
the court room. and some Of them had
come from England. from San Fran
cisco. from Los Angeles and from other
distant points at attend this trial.
The case began In March, 1919, when
Herbert w. Eustace and David B.
Ogden, as trustees of the Christian
Science Publishing Society. and Lamont
Rowlands, claiming to be trustee also,
filed bill in equity against the direc-
tors Of the First Church of Christ
Scientist. to prevent the directors in
reference with the affairs of the pub
fishing society.
The case was heard by a master last
summer. Exceptions were taken and the
ca Sc was carried to the full bench. New
petition after new petition was entered
until to-day the case is az many sided
as any which the courts here ever have
had TO handle.
At the opening OF court Edwin A.
Krauthoff asked the court to instruct the
Christian Science Monitor to publish
either all the arguments given in court
or none at all. The court declined to act
In the matter.
ReIationship of Two Decades.
At Q 40 o'clock former Gov. Bates be-
gan his argument for the directors OF
the church He charged that the trustees
ir,cx ha
aid of the court TO change a relationship
between tho trustees and directors of
the church that has existed for two dec
AIDES. and added that the trustees ARE
asking the sanction OF this court for
abrogating the course of conduct which
the trustees agreed" before the death of
Mrs. Eddy TO perpetuate. He argued
that, contrary to the contention of the
respondents, the directors OF the Mother
Church have the power to instruct the
trustees of the society as to what shall
be done.
Speaking OF the Interpretation the
trustees OF the publishing society put on
the laws OF the church he said THE
construction asked for by these plaintiffs
disregards the plain intention and pur-
poses of the donor OF this charity tMrs.
Eddy), and would. we contend, result in
its destruction.
"Their position is one by which they
break f. ia with the donor and inequi-
tably seek to take and keep the benefits
from the construction and course of con-
duct prescribed by Mrs. Eddy and fol-
lowed by all parties until 1912. and at
the same time they insist upon renounc-
ing its obligations"
Former Governor Bates closed at
1913. Attorney William q. Thompson
then started his argument in behalf Of
John " Dlttemore, ousted director. He
argued that the directors who removed
Dittemore had not authority TO do so.
He said that "the master found the d.
rectors guilty OF conduct that no honor