Evening star., 1923-05-26
CHRISTIAN SCIENCE
BOARD OvERRULED
Masters Report Says Direc-
tors Had No Right to -
Remove Dittemore.
By the Associated Press.

by AsSOclhteu Iress-
BOSTON, May ga masters report
to the effect that the directors of the
First Church of Christ, Scientist, did
not have the legal right TO remove
John v. Dittemore as a member of the
board was filed in the Massachusetts
supreme court today by Frederic
Dodge, a former federal judge. Mr.
Dodge heard testimony as to the facts
in the suit brought by Dittemore TO
compel the other mem bers OF the
board TO recognize him as d member
The master found that Dittemore's
co-members had failed 10 submit 70
him charges upon which they based
his removal He adhered TO the opln-
ion which he had previously expressed
in his report as master in the pro-
longed litigation between the church
directors and the trustees of the
Christian Science Publishing Society
that the First Church of Christ, Scieu-
tist. was not Incorporated within the
meaning of the Massachusetts
statutes.
Finds Hostility.
IAN element Of personal hostility
and dislike" the report said, "ena
tertained toward the plaintiff. bSS
other members of the board. must b"
regarded as having entered into their
action III preparing and adopting thf
re solution for his dismissal"
The defendants are Adam II. DfCkey,
Edward a. Merritt. William r. Rath..
Won. James A. Neal and Annie N.
Knott. Dittemore was removed by Il
vote of Dickey, Merritt and Rathvon
at a meeting of the board on March
III, 1918 at which Neal was not pres
ent. At the same meeting Mrs Knott
was elected 10 succeed Dittemore.
Caused DiscOrd, Charge.
The resolution embodying the dis
missal OF Dittemore charged that he
had violated the church bylaws by
refusing to be bound by the majority
votes OF the board, had carried on
campaign for personal influence ana
control, had so conducted himseiT
as to produce discord between the
board and the publishing society trus-
tees. had written letters to the board
containing untrue statements and
had acted at meetings Of the board
in "a rude. offensive and threatening
manner"
OF trust by which Mrs. Mary Baker
Eddy. founder of the church, in 1882
conveyed TO four trustees. afterward
called directors, the land upon which
the present church edifice later wa7
erected. Nowhere in the deed, ii said,
trustees were to be officers Of any
church and at no time had the di
rectorS been elected by vote of the
church members or clothed with the
powers which the statute gives 70
deasons and wardens of incorporated
churches.
Opposes Method.
With regard to the method of re-
moyaI of Dittemore the report said:
"a
plaintiff. after he had heard the
charges against him read, was an OPP
portunity to resign. 1t does not seem
to me, in view OF these facts, that he
can reasonably be held to have lost all
right to object by his failure to ask
delay and further inquiry before the
vote. 1t was rather for his accusers
then proposing TO act as his judges.
also TO ask him in some form, before
proceeding to act upon the assumption
that their charges were true, how far
he admitted or denied them and to af-
ford him not necessarily a formal
heard in his own defense upon the
charges made as would satisfy the re-
quirements of natural justice"
Plot Is Charged.
The report detailed numerous in
stances of differences between Ditto
more and other members of the
board. and said that Dickey Merritt
and Neal had long contemplated
Dittemore's dismissal, but without
disclosing to him that they were
preparing for such action. 1t told Of
an incident in September, 1917, when
members of the board spent an even
ing in New York. Dittemore refused
to accompany Dickey. Merritt and
Neal to a musical comedy, saying
that it would not be edifying to see
the majority of the board at a play
of that type, especially as discredita-
bic reports had been widely circu-
lated regarding the star actor in il.
Merritt, according to his own ttstI-
rnony, said to Dittemore: Come on
with US. You are not so much better
than the rest of u.s."
The report says that the masters
tiff's repeated insistence upon
standard of propriety in language or
conduct stricter than that accepted
by his associates materially aug
mented the hostility and dislike
which his persistent and strenuous
opposition to their wishes upon so
many matters cannot fail TO have
provoked in their minds toward him
1 am obliged to regard them as in
capable on March II, 1919, of impair
tial judicial consideration OF accuse
tions against him, especially of ac-
cusations framed by themselves, had
they ever undertaken such consider
alton"
Objections by the defendants TO
the masters report were filed with
it. They asserted that the master
had adopted improper procedure.
prejudicial to the defendants" that
he had written document in the
nature of an opinion instead of mere
ly finding Of the facts, had made
many unnecessary and erroneous
rulings Of law and had reported un-
warranted conclusions from undis-
puted documentary evidence contain
ed in the report