New-York tribune., 1921-11-24
Mother Church
Is Upheld Again
In Science Case
Supreme Court Dismisses
Action Filed by Publish
ing Society After Judge
Sustains Trustees Ousting
One Issue Still Unsettled
No Ruling Made i'm Matter
of the Removal of Gov
erning Board Member

BOSTON, Nov. zo.---The Supreme
Court to-day handed down its decision
in the litigation concerning the gov
erning boards Of the Christian Sci
cnce Church and it's publications. 1t
held that the directors of the First
Church Of Christ, Scientist, of Boston
(the Mother church,. have the power
20 remove q member Of the board Of
trustees of the Christian Science Pub
fishing Society. 1t dismissed the bill
brought by the trustees to prevent the
directors from interfering with the
affairs of the society.
The decision in other respects con-
6rmed the report of Judge Frederic
Dodge, who sat as master in the con-
troversy, except that it made no ruling
on the question whether John Y. Ditto
more, who was removed as director
by his fellow members, or Mrs. Annie
M. Knott, who was elected by them to
succeed him, was a director legally.
The latter question was declared to be
at issue in separate suit The ex-
ceptions to the masters report taken
by Mrs. Emile B. Hulen, of Brooklyn,
having been waived. were considered
by the court. The appeals of Mr.. and
Mrs. Edwin A. Krauthoh', of Washing
ton, were dismissed.
The court said that the Manual .of
the Church "appears to be a vital part
of Christian Science" 1t found also
that since the Manual purportod to be
the work of Mrs. Mary Baker Eddy
founder of the Church, "there can bo
now, since the decease of Mrs. Eddy,
no change in the provisions of the
nY arI1 :
terms"
In its ruling as to the power of the
directors to remove trustees, the court
held that the removal by them of
Lamont Rowlands as trustee was
effectual.
To-day's finding, contained in q
lengthy document of thirty-one pages
came almost year after the Supreme
Court took the case for consideration
at the conclusion of extended argu-
ments on the masters report. The suit
was filed originally on March 25, 1919
Judge Dodge filed his report year
later.
After explaining that the basic ques-
tion was whether the defendant direct
ors had power to remave one of the
trustees, the court said the answer de-
pended on the true interpretation of
the two deeds of trust executed by Mrs.
Mary Baker Eddy, the founder of
Christian Science, and upon whatever
ether matters might rightly be con-
sidered. The decision continued with
discussion of the provisions Of the
deeds of trust, including the provision
that the first members, together with
the directors of the Church, should
the trusteeship for such reasons as to
them might he eXpedient
"'The board of directors as those
words are used in the trust deed of
January 25, 1898, do not, in our opin-
ion, refer to the board established by
the deed of September /, 1892, but to
the officers constituting the ecclesiasti-
cal board of directors under the policy
of the Church." said the court. "It is
unnecessary to determine in this con-
nection whether the board of directors
constituted corporation or not. For
the purposes Of this decision the find
ing of the master that they never be-
came a corporation is accepted.
"The result is that the board of FIVE
directors have the power, if they act in
accordance with law and with the
terms of the trust deed of January 25,
1893, to effect the removal of trustee
under that deed"
Attorney Generals Views
Attorney General j. Weston Allen
tonight after hasty examination OF
the opinion of the Supreme Court
said:
"The court recognizes that the
Mother Church is a public charity and
establishes the great fundamental
principle that the deeds by which Mrs
Eddy founded the church and the pub
fishing society must be SO construed as
to give effect to her declared purpose
more effectually to promote and ex
tend the religion of Christian Science
"In conformity with the principle sc
established, the court holds that Mrs
Eddy's deeds vested in the governing
body Of the church, as from time tt
time constituted by Mrs. Eddy anf
now finally established by the manual
full power to remove trustee of The