Arizona republican., 1921-12-31
JUDGE THREATENS ID
 APPOINT TEMPORARY SCIENTIST RECEIVER
fRepubIIcan A. p. Leased Wire1

khSPh0hSdh fN' 1eaSSA N'hSl BOSTON, Dec 20.-Judge Crosby of the supreme court announced to- day that unless the trustees of the Christian Science publishing society
 and the directors of the First Church
 of Christ agreed by next Tuesday upon a new trustee to succeed La ! mont Rowlands, whose removal by the directors was upheld by the court | recently, he would appoint a tenn porary receiver for the society.
 | The receiver. he said, would not
 necessarily be of the Christian l Science faith, but would be per
 son in whom the court could repose
 confidence to manage the society 1 wisely and for the best interests of | the trust created by the late Mrs. Mary Baker Eddy.
 1 The announcement was made at the close of a hearing on the validity of the directors action earlier in the day in announcing the removal of the remaining trustees, Herbert E. Eus- tace and Paul Harvey. The trustees maintained that inasmuch as they
 had previously presented their resig-
 nations to the court, the directors no
 longer had Jurisdiction. The direc-
 tors asked the court to appoint Will liam P. Mckenzie of Cambridge George Wendell Adams of Boston and
 James F. Patton of Boston as trus-
 tees.
 The court also ruled that John W. , Dittemore, who claims that he was
 illegally removed from the board ot
 directors by his fellow members ! whose bill in equity seeking to com pei them to recognize him as a mem ] hpr of a ;S ,y,T l,o , preme court, might take part in g ) conference over the selection of g trustee to succeed Rowlands.
 Sherman L. Whipple, counsel fol } the trustees. asked the court to ap- ? point receiver to take charge of the } publishing society until the court haC 3 approved the accounts of trustee: Eustace and Harvey, who would ther , resign and allow the court to name | their successors. He said the trus- l tees denied that the removal of Eus. tace and Harvey by the directors
 had been effective, but this actior had caused a doubt as to the lega l | authority of the trustees in the ad ministration of their. trust. The trus. tees now had in their possession |, I fund of a quarter of a million dollars , he said, and doubted their right tt Q expend it.
 MT. Whipple said that pending [ hearing on the law and facts in & volved it was important that th' 9 trust fund should be administeret by person appointed by the court s He said the trustees desired to re . sign but would not do so until thei Q accounts had been passed upon b.
 the court. The issue between tn , directors and the trustees as t, ' | fironpa-
 he added, and the trustees wanted al n immediate hearing on the allowanc S of their accounts.
 . Former Governor John L. Bates ', on behalf of the directors. said tn q question was the propriety Of ex
 penditures made by the trustees am i, not the amount. The report of th a auditors appointed respectively b - the trustees and directors. he said, n not show how the money has bee ,t expended. He argued that to sub
 init an audit that would relieve tn
 trustees from further liability woul
 require at least three months.
 The trustees. he said, had asked tn
 directors to permit them to resig and to certify that the affairs of tn ! publishing society had been correctl I managed. He declared the real is - sue raised by the trustees was nc 70 that of good faith but that their sol l. purpose was to be relieved from lia T. bility. He added that the court d decision upholding the removal C s, Roylands implied that all the trus it tees might legally have been re ,e moved by the directors.
 Judge Crosby remarked that he di l. not understand that the decisio D. meant that the directors could aC at arbitrarily but that they must aC D. req asonably and that on the questio ,n of good faith on the part of tf
 directors, the trustees were entitle
 to a hearing. If the question of Il
 trustees accounts were out of II
 way, there would seem to be no req , son why the appointment of ne V trustees might not be acted upo nd He said some one must be put % charge of the publishing society ar or if the parties could not agree upC ed one trustee for that purpose he wou
 appoint a temporary receiver.