South Bend news-times. (South Bend, Ind.) 1913-1938, 1921-11-25
CHRISTIAN SCIENCE
CHURCH LAWSUIT
WON BY DIRECTORS
Had Authority to Dismiss
Trustee Rowlands, High
Tribunal Finds.

By Associated Press.
BOSTON. Mass. Nov. 24.-The
Supreme court has dismissed a bill
brought by Herbert w Eustace and
other trustees Of the Christian
Science Publishing company against
Adam II. Dickey and others. direct
ors Of the First Church of Christ.
Scientist, to restrain the latter from
interfering with the publishing So
ciety.
The court held that the directors
OF the church we're within their au-
thority in dismissing Lemont Row
lands Of Picayune. Miss, as a mem
Der OF the board Of trustees.
The court dismissed the sugges-
ton of the state attorney general
that it had no Jurisdiction and that
under deeds Of Mrs. Mary Baker
Eddy a public charitable trust was
created.
Vital Part OF Science.
The court said that the manual
Of the church appears to be a vi
tai part of Christian Science"
1t found also that since the manu-
al purported TO be the work of Mrs
Mary Baker Eddy. founder OF the
church, there can he now since
the decrease Of Mrs. Eddy, no change
i'm the provisions of the church man
ual in accordance with it's terms"
What Court Says.
In its rescript the court says:
"InterlOcutory decree or DEGREES
to be entered sustaining the defend
ants exceptions 20 the masters re-
port so far as they relate 10 rulings
that directors have no power 10 re-
move a trustee under the deed OF
Jan. %. 1898, and that the remOva
Of Mr.. Rowlands was Intellectual and
otherwise confirming the MASTER
report, except those paragraphs re
lating 10 the Dittemore-KnOtt con-
. troversy and final decree to be en-
tered dismissing the bill"
At the end Of the decision Of thir-
, ty-one pages the court says:
THE result is that the eXcep-
tiOns OF the defendants TO the mas
ter's report, so far as they relate
10 his rulings that the directors haC
no power under the deed Of Jan. %
1898, TO remove a trustee, and tina
the removal OF Mr.. Rowlands was
Intellectual. must be sustained.
one Important Fact.
con the facts found by the mas
ter in the light OF the principles OF
law here found 10 be controlling the
plaintiffs cannot maintain their bill
I'm order 20 decide the fundamen-
I tai issues raised in this record it Il
unnecessary 20 question whether Mr.
Dittemore or Mrs. Knott is a d.
rector.
That issue is directly involved IT
another suit.
The exceptions Of Emile W. HUI
IN have been waived. and need not be-
( considered.
Both appeals of Mr.. and Mrs
Krauthoff dismissed.
Bill dismissed"
Started "a Years Ago.
The Christian Science litigation
upon which the full bench OF the
( Massachusetts, supreme court rem
dered its decision started on March
/ g. 1919. One year latS, in March
1920. the master appointed by the
court 70 determine the facts at Is
sue filed his report. Final argu-
ments were completed on Dec.
1920, and since that time the full
/ bench has had the matter under con.
siderauon.
The original suit was a petition
I by the trustees OF the Christian
Science Publishing society for an in
junction 10 restrain the directors o.
the First Church OF Christ, Scientis
OF Boston (the Mother Church) from
interfering in the management O.
I the affairs OF the publishing socie
~ or from engaging in a competing
/ business This resulted from a vot'
OF the directors 10 remove LamOn
Rowlands OF Picayune. Miss. from
the board Of trustees.
Five Other Actions.
Five other actions were brough
Y subsequently,. John Y. Dittemore,
/ director. whose. fellow directors hat
/ removed him. sought 10 compel hi
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