All trusts fall under the jurisdiction of Courts of Equity; rather than Courts
of Law. Equity allows the broadest discretion of the judge in his interpretation
of the intent of the creator of the trust.
In reviewing the Decision of the
Court, it was not clearly presented to the Court that the election of officers named
in the suit required Mrs. Eddy’s approval; and that the Directors had no inherent
power, within themselves, to act, since their agency powers ceased to exist with
her passing. The only power that they ever had, as executives, was to execute Mrs.
Eddy expressed will.
The Court made no distinction between the self-perpetuating
power of the Board of four Directors without the approval of Mrs. Eddy, under its
financial Deed of Trust of September 1, 1892, before the church was formed; and the
Board of five Directors that was not self-perpetuating without Mrs. Eddy’s approval
and consent, under the ecclesiastical By-Laws of the church Manual.
Surely
Mrs. Eddy made this distinction of “self-perpetuation” for a definite purpose — that
of abolishing the Board of Directors, as a church functionary, with the passing of
The Mother Church (its ecclesiastical church functions never having extended beyond
The Mother Church); while permitting the Board of Trustees of the Congregation that
is styled The First Church of Christ, Scientist, in Boston, Massachusetts, to continue
until the fulfillment of its trust, under its financial Deed of Trust of September
1, 1892, given before the church was formed.
Did not the Supreme Court amend
the Manual, when it revitalized the Board of five Directors as a church functionary,
after it had ceased to exist at the demise of the first Director subsequent to Mrs.
Eddy’s passing, under the provisions of the Manual which required Mrs. Eddy’s approval
of the election of a Director to fill a vacancy on that Board?
Did not the
revitalization of the Board of Directors under the Manual, to function without Mrs.
Eddy’s approval, revitalized all of the functions of The Mother Church, contrary
to the Manual’s provisions which had demanded that they cease to exist, when her
approval was unobtainable after her passing?
Thus, in effect, have not all
the By-Laws of the Mother Church been thereby amended and/or annulled?
And,
is it not surprising that the Court which had access to the entire Manual, as an
exhibit filed for its information as did this Court, should have taken only the slightest
congnizance of Mrs. Eddy’s fundamental demands throughout the entire range of the
Manual, that the Board of Directors could not perform any vital Church functions
without her approval, particularly as applicable to the election of Editors of the
periodicals, Lecturers, General Committee on Publication, Teachers, First and Second
Readers, President, Clerk, and Treasurer of The Mother Church?
From this it
would appear that the Mass. Supreme Court did not presume to decide this case upon
the basis of law, or even upon the actual literal wording of the trusts, but solely
upon its own interpretation of Mrs. Eddy’s intent, in what it conceived to be the
light of both intrinsic and extrinsic evidence — the intrinsic evidence being Mrs.
Eddy’s general statements which were intended to effectuate the discontinuance of
the functional church activities of the Board of Directors, as well as the literature
itself, without the approval of Mrs. Eddy .
In connection with the Court’s
broad discretionary powers in deciding this case, it is reasonable to assume that
the Court was influenced by the general disruption of the Cause, evidenced by the
“alarming” number of induced cancellations of subscriptions to the periodicals so
dramatically presented in the new Bill in Equity filed by the Board of Directors
with the Court after the Master’s report.
The Court’s reference to Mrs. Eddy’s
statement of purpose which it paraphrased as “to promote and extend the religion
of Christian Science as taught by Mrs. Eddy” seems to have been the springboard of
its entire decision, not only as regarding the Deed of Trust, but also as sustaining
the status quo of The Mother Church, despite Mrs. Eddy’s meaningful provisions to
the contrary. There can be no doubt but that the Court, if it had silently taken
note at all of the fact that under the provisions of the Manual, all functions of
The Mother Church ceased when Mrs. Eddy’s approval could no longer be obtained for
the election of its officers; regarded such restrictions as a colossal oversight
on Mrs. Eddy’s part, thus the Court felt called upon to correct, by its decision,
the Manual’s presumed “defects” — in the manner expressed in its own words in connection
with the Trust Deed which was to “so mould the language of the founder of the trust,
as to carry into effect the intention which it is of opinion has by the instrument
as a whole been sufficiently declared.”
It does not follow that the Board
is not subject to reproof or dismissal by a higher tribunal than itself, for the
Finance Committee, in addition to all First Readers, as well as former First Readers,
had the power under the Manual to admonish and dismiss members of the Board. These
functions had been in the By-Laws for eleven years prior to Mrs. Eddy’s passing.
The
fact that nothing but “finance” is placed over the existing Board of Directors in
its church functions shows that this is the true nature of its extant calling to
which it is subject, and to which it must do obeisance. In other words, this fact
is an axionomatic reminder that nothing can rise higher than its source. This alone
should defeat a claim that the existing Board of Directors is the authorized authority
of the Church.
Thus, again, attention is called to the fact that the Supreme
Judicial Court took no cognizance of the fact that while the Board of Directors,
under the financial Deed of Trust, could perpetuate itself without Mrs. Eddy’s approval,
the Board of Five Directors, under the Manual, could not do so without such approval
and had ceased to exist before its Bill in Equity was filed. The termination of the
Board’s Directorate voided the Manual power of its five directors as an ecclesiastical
body to remove a Publishing Society Trustee.
Thus ended the conflict which
faithfulness to the precepts of the Word of Science and Health and to the
demands of the Manual would have revealed to be the inexorable fulfillment of the
passing of Motherhood to the end that the “adorned” (completed) Word as Bride might
hold sway, but which has been erroneously construed to establish the supposed, permanent
authority of the extant Officers of The Mother Church as an ecclesiastical, governing
body of the Christian Science Movement of today.
Confusion arose within the
church by reason of the Directors’ attempt to overrule the legal trusts which Mrs.
Eddy with much deliberation, had place entirely outside of church contemplation —
which attempt yielded to palpable error when they decided to appeal to lawyers for
a willful solution to such matters when the Directors’ only concern should have been
directed to the secular "behavioral" demands of the Manual which are as
much within the Court’s rightful jurisdiction as are the other legal documents outside
of the church domain.
Had Christian Scientists been obedient to the letter
and spirit of the Manual, instead seeking to lawyers for personal lawyerly advice,
they would have understood the deeper spiritual meaning of Mrs. Eddy’s Plan for the
future of her Cause.
“Behold, to obey is better than sacrifice, and to
hearken than the fat of rams.” - 1 Samuel 15:22.
Thus, the Supreme Judicial
Court’s Decision was erroneously thought to sustain the authority of the Board of
Directors as an authorized ecclesiastical board, with the Manual entirely yielding
to the “law of the unjust” [directors] and with all functions of The Mother Church
under the fiat color of the law. How truly fitting then, to this lamentably travesty
of Mrs. Eddy’s spiritually inspired Plan, is Isaiah’s prophecy:
“And judgment
is tuned away backward, and justice standeth afar off: for truth is fallen in the
street, and equity cannot enter.” — Isaiah 59:14.