". . . the testimony of the Lord is sure, making wise the simple." -- Psalm 19:7.


CHRISTIAN SCIENCE COURT CASE
(documents filed in Appeals court)

STATEMENT OF THE CASE

QUESTION ONE

1. To which party or instrument did Mary Baker G. Eddy convey her lawful Power of Authority according to her registered real estate Deeds of Trust and Last Will and Testament with codicils, upon her demise?

To the four-member self-perpetuating legal Board of Directors of The First Church of Christ, Scientist, in Boston, Massachusetts?

To the five-member interim ecclesiastical Board of Directors of The Mother Church?

To the legally recognized Manual of The First Church of Christ, Scientist, in Boston, Massachusetts, which is adapted to The Mother Church only?

QUESTION TWO

2. Why don’t active Christian Scientists mention the Manual Estoppels any more? Because the majority of Christian Scientists accept without question the Boston Board’s understanding of the Estoppels to the point where at this late date it is no longer considered to be a question.

3. But rest assured, it certainly was a question in December of 1910 when Mrs. Eddy passed on, as there were many prominent Christian Scientists who were of the now unusual conviction that Mrs. Eddy meant exactly what she wrote!

4. The following Newspaper clipping gives an idea of how “unanimous” (not!) was the 1910 conviction that the Estoppels were to be ignored :


New York World
December 9, 1910

MRS. EDDY’S SECT IN MOST CRITICAL SITUATION NOW

Written Consent of the Discoverer and Founder of Christian Science Necessary to Transaction of Much of the Business of the Board of Directors and Directors Do Not Know that Dead Leader Left Any Such Consent.

LEGAL TIE-UP AFFECTS THE CHURCH’S PROPERTY

Chairman McLellan Says Situation is “One That We Have Not Prepared for”: Mrs. Eddy, After Simple Services, Laid at Rest in Cemetery Vault Fitted with a Telephone to Aid Watchmen Who Will Guard Her Body.

Special from a World Staff Correspon-dent. Boston, December 8, 1910.

Archibald McLellan, Chairman of the Board of Directors of the Christian Science Church, admitted to-night to The World Correspondent that the death of Mary Baker Eddy had left the church “in a most critical situation.”

The very existence of the church is threatened through her death, and it is certain that legal questions will be raised in the near future, possibly in the next few days, affecting to the foundations, the structure on which the church was founded, and the authority of the Board of Directors to carry on the Christian Science business.
“It is impossible to discuss these matters now,” said Mr. McLellan to The World Correspondent, when he was asked how the board proposed to carry on the Organization now that Mrs. Eddy is dead.

“The situation is very critical, and the points you raise are so serious and important that the Board has not yet been able to deliberate on them or to plan a course of procedure.”

When twenty-four hours were suggested in which to deliberate on the points raised, so that an official opinion on them might be published, Mr. McLellan and John V. Dittemore, Clerk of The Mother Church and also one of the five directors, shook their heads hopelessly and replied:

“No, it would be impracticable to reach any conclusion between now and to-morrow. The matters involved are too grave to be decided without long and earnest deliberation.”

Mrs. Eddy’s Reservations

The principal point brought to the attention of Chairman McLellan by The World Correspondent was:

That under the terms of several of the deeds of trust, and the specific provisions of the Church Manual, it is impossible for the Board of Directors to perform certain functions necessary to the life of the church without the written consent of Mrs. Eddy.

It is equally impossible for the directors to change, amend, annul or in any way alter the Tenets or By-laws of the Manual, without the written consent of Mrs. Eddy.

Nowhere is there any provision made in the Church Manual for the emergency caused by Mrs. Eddy’s death, and being dead her future written consent plainly cannot be obtained, unless by some written instrument she had waived or relinquished her rights under the Manual and the deeds of trust.

It might be that the Will of Mrs. Eddy, which is guarded from both her sons and the public with the utmost secrecy, would be found to contain such a waiver. But it is doubtful if a testamentary provision of that kind would be valid as against certain legal trusts created in which Mrs. Eddy had no personal interest, and which were executed between other persons and herself.

The discussion took place in the office of Mr. Dittemore, which is in the building known as The First Church of Christ, Scientist, Boston. Mr. Dittemore sat at a massive mahogany desk and Mr. McLellan in a leather chair to one side. They had both sought this retreat directly after the funeral of Mrs. Eddy and were engaged in earnest consultation when the Correspondent asked to see them.

Waived no Rights

“Is there any document or written instrument in existence,” asked The World Reporter, “by which Mrs. Eddy waived or relinquished her rights as Pastor Emeritus and leader of the church?”

“There is none, so far as I am aware,” replied McLellan, surprised at the question.

“Does her Will contain any such waiver of her rights?”

“I know nothing about her will, have not the slightest idea of its contents,” said the Chairman of the Board of Directors.

“Did Mrs. Eddy in any way empower the Board to amend or change the existing Church Manual, without her written consent as therein prescribed?”

“I know of no such act by her,” was the reply, “ and I fail to see the necessity for any change. The Manual, we hope is complete and sufficient in itself. It will need no amendment, I trust.”

“But,” said the reporter, “it is admitted that the Manual is the outcome of many years of experience and change. The present edition, dated 1910, is known as the “eighty-eighth,” and it is admitted that Mrs. Eddy from time to time saw fit to change it, in numerous ways, to meet certain emergencies as they arose.”

“That is very true,” admitted McLellan, and Dittemore assented.

“Is it not true that under the Manual no change or amendment can be made in it without Mrs. Eddy’s written consent?”

“That is correct,” said McLellan. “I presume you refer to the provision that no Tenet or By-law can be amended without her written consent?”

“Written Consent” Necessary

“Precisely,” answered the reporter. “I refer to Section 3 of Article XXXV, of the Manual, under the heading “Church Manual” and the subheading “Amendment of By-laws,” which reads:

“No new Tenet or By-law shall be adopted, nor any Tenet or By-law amended or annulled, without the written consent of Mary Baker Eddy, the author of the text book “Science and Health.”

“That’s the way it reads,” he said.

“So the Church Manual in its present form, as of the date of Mrs. Eddy’s death, December 3, 1910, is and must remain the permanent and immutable form of the organization of the church, which the Board of Directors must adhere to?”

“I suppose that is so,” said McLellan, becoming graver and plainly foreseeing what was to be the next question.

“In that event, which is to be done to obey the first section of the first article of the Church Manual where, under the heading, “Church Officers,” it is set forth that: “The Church officers shall consist of the pastor emeritus, a board of directors, a president, a clerk, a treasurer and two readers.” Mrs. Eddy being dead, who is to be the “Pastor Emeritus?” - concluded the reporter?

“I hardly know how to answer that question,” began Mr. McLellan, nervously. “It is a matter to which we have had no time to discuss it.”

“But throughout the whole Manual, act after act, the Board of Directors is ordered to depend absolutely on the written consent of the Pastor Emeritus, meaning Mrs. Eddy, and you say that you have not got a future consent. For instance, take the matter of the Committee on Publication, the chairman of which holds one of the most responsible offices under the board. In Section I of Article XXXIII, it is set forth that this man shall be elected annually by the unanimous vote of the Christian Science Board of Directors and the consent of the Pastor Emeritus given in her own handwriting. How is the next officer to be elected?

“Well,” said Mr. McLellan, “I suppose that would have to come up at the next election in June, 1911. I have no idea what would be done to provide for that emergency.”

“Speaking of election meetings,” said the correspondent, “it is elsewhere provided in Section 3 of Article XIII, that the clerk of the church must have the consent of the Pastor Emeritus before he can call a special meeting as distinct from the regular sessions. How is that to be got around?”

“I must ask you not to press me for an answer to these questions now,” said Mr. McLellan, looking appealingly in the direction of the Clerk, Dittemore, whose ordinarily jovial face had taken on a frowning aspect. “These are matters of the gravest importance - matters which will require the most careful deliberation of the whole board before we can decide on a plan of action.”

Property Rights Affected

“But it is not alone the Manual that is affected by the questions, Mr. McLellan. The rights of the Church and the Board of Directors to hold certain property that forms part of the very ground the present church is built on are affected. Let me call your attention to a clause in the deed made by Albert Metcalf, one of the most prominent of the wealthy Christian Scientists of Boston, to the Board of Directors on March 19, 1903, in which is set forth that the trust of the Board of Directors in this property is to be based specifically, among other things, on the trust that “no new tenet or by-law shall be adopted, nor any tenet or by-law amended or annulled by the grantees, unless the written consent of the said Mary Baker G. Eddy be given.” Therefore, if any change is made in the Manual henceforth, it would seem the Board of Directors would break this trust. Is that not so?

“As I have said before,” continued Mr. McLellan, “this is a most serious matter and I cannot discuss it now. I don’t know what to say in reply.”

“Nowhere is there any provision in the Manual for the emergency of Mrs. Eddy’s death,” said the correspondent, “though there do occur one or two minor references to the possibility of her relinquishing the position of Pastor Emeritus, but no article or section sets forth what is to be done if she is unable to give a written or verbal consent. The whole Manual is based on the continued existence, in fact one may say the perpetual existence, of Mary Baker Eddy as a structure and foundation of the church.”

“It would appear to be as you say, and I can only repeat,” said Mr. McLellan, “that the matter brings us face to face with a most critical situation, one that we have not prepared for, so far as I know, and which it is impossible for me to discuss until there has been due deliberation.”

Seeing his chairman floundering in the depths of indecision, Clerk Dittemore attempted to come to the rescue.

“Well,” said Dittemore, “I want to say that in several years’ personal contact with Mrs. Eddy I have learned to know that she was a most able woman, who attended to every little detail, and I am quite confident that it will be found that she has made proper provision to overcome the difficulties you have set forth.”

“But don’t imagine for a moment,” he went on, leaning forward and thumping his fist on the table, that such a thing is going to throw down the Christian Science Church. Some way will be found out of the difficulty.”

“To-night Chairman McLellan is in earnest conference with the other members of the directorate, and they have also summoned counsel to their aid. The matters raised at the interview are undoubtedly the subject of the conference and the outcome will be fraught with permanent and serious import to the entire Christian Science congregation.

Criticism by a Scientist

A Scientist who was once familiar with some of the inner councils of the church was asked to-night what he thought of the situation that had been laid before McLellan and Dittemore. Though declining to be quoted, this man, who is not quite in sympathy with the way matters have been managed in the church, particularly in reference to Mrs. Eddy’s funeral, told The World correspondent:

“I am not surprised that McLellan said the situation was a critical one. It is more critical than he realized. So eager have some persons been to clinch their hold on the property of The Mother Church that they have overreached themselves and are now confronted with the task of untangling some of the bonds of authority. It will not be such an easy task, and in the unwinding some very remarkable facts are likely to develop.

“I, like many other Scientists in Boston, am eager to know what will be found in Mrs. Eddy’s Will. I think it will be found to be a remarkable document, and I shall be surprised if it is admitted to Probate without some sensational developments.”

“Consent” Needed for These

This Scientist pointed out in the Church Manual innumerable instances in which the act(s) of the Board of Directors and of other Officers of the church are made to depend absolutely on the consent of Mrs. Eddy, either written or verbal. Some of these provisions are:

The President of the Church can only be elected subject to Mrs. Eddy’s approval.

Vacancies among the officers of the church or the editors of the various publications can only be filled by a candidate subject to the approval of Mrs. Eddy.

The Mother Church may not make a church by-law “without first consulting the Rev. Mary Baker Eddy and adhering strictly to her advice thereon.” This is in addition to the provision already cited prohibiting the amendment of by-laws without her written consent.

The members of the Finance Committee, the most important body in the management of the church, next to the Board of Directors, are to be appointed only “with the consent of the Pastor Emeritus.”

Important acts of Committee on Publication are subject to the approval of Mary Baker Eddy.

Before being eligible for office, persons nominated by the Board of Directors for the Committee on Business must have the written approval of Mrs. Eddy.

A person who is not accepted by the Pastor Emeritus as suitable shall in no manner be connected with the publication of her books or the editing or publishing of the various papers, nor with the Christian Science Publishing Company.

“A book or article which Mrs. Eddy is the author shall not be republished without her knowledge or written consent.”

The members of the Board of Lectureship shall be elected only “subject to the approval of the Pastor Emeritus.”

The circuit lecturer can be appointed only on the written request of Mrs. Eddy.

Deeds Must Decide the Trusts

“All deeds of further purchases of land” for the Mother Church are to have named in them the trusts recited in the Metcalf deed quoted above, namely that no by-law shall be amended without the written consent of Mrs. Eddy.

The Mother Church edifice first erected, now a corner of the great First Church, may never be removed or demolished without the written consent of Mrs. Eddy.
One section relating to the Manual itself throws a clear light on the ideas of Mrs. Eddy concerning this book. It says:

“The Church Manual of the First Church of Christ, Scientist, in Boston, Mass., written by Mary Baker Eddy and copyrighted, is adapted to the Mother Church alone. It stands alone, uniquely adapted to form the budding thought and hedge it about with divine Love. This Manual shall not be revised without the written consent of its author.”

END

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