Krauthoff v. Attorney General

• Decision Date: 22 November 1921
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court
• Parties: DAISY LOVERING KRAUTHOFF & another v. ATTORNEY GENERAL& others.

240 Mass. 88

DAISY LOVERING KRAUTHOFF & another v. ATTORNEY GENERAL& others.

Supreme Judicial Court of Massachusetts, Suffolk.

November 22, 1921

November 29, 30 1920.

Present: RUGG, C J., BRALEY, CROSBY, CARROLL, & JENNEY, JJ.

Equity Pleading and Practice, Bill. Equity Juridiction, Ecclesiastical controversy, Charity. A bill in equity by members of The First Church of Christ, Scientist, in

Boston Massachusetts, brought on behalf of themselves and of all others who might elect to join as plaintiffs, contained eighty-one paragraphs, recited the history of Christian Science and details of the development of a controversy between the Christian Science Board of Directors and the trustees of The Christian Science Publishing Society, asked for the establishment by decree of the relation of the founder of Christian

Science to that religion and what are its teachings, as to the nature of The First Church of Christ, Scientist, in Boston, Massachusetts and as to the authoritative character of the Church Manual; for a determination as to the Christian Science Board of Directors, the sources of their authority and the present members; for a determination that the "First Members" of "The Mother Church" have been abolished and have ceased to exist; for protective orders in accordance with the

Church Manual concerning The Christian Science Publishing Society and for declarations concerning the nature and scope of the gifts of the founder of the Christian Science publishing business and its connection with The Mother Church, and the relations between that church, the directors and the trustees in the light of the Church Manual. The

Attorney General and numerous other parties were made defendants and it was shown in the bill that the Attorney General was undertaking to represent and protect the public interests by a separate proceeding.

Held, that demurrers by the defendants must be sustained, because (1) The bill was multifarious in seeking relief respecting separate and distinct matters;

(2) The bill sought a determination of certain matters relating to the scope and nature of the principles of a religious denomination, which the court will not adjudicate unless imperative necessity therefor is shown; and no such imperative necessity appeared;

(3) As to such matters within the scope of the bill as related to public charities, the plaintiffs showed no private interest and, on the averments of the bill, such interests as the public had were being represented by the Attorney General in another proceeding.

BILL IN EQUITY, filed in the Supreme Judicial Court on March 31, 1920, and afterwards amended, by Daisy Lovering Krauthoff and Edwin A. Krauthoff, alleging themselves to be "members in good standing of The First Church of Christ, Scientist, in Boston, Massachusetts, and as such" bringing "this suit on behalf of themselves and of all other members of the church who may elect to become parties hereto and join in this effort to preserve and uphold the church manual, the form of government of The Mother Church as established by Mary Baker Eddy, and the activities thereof founded by her." The material allegations of the bill are described in the opinion.

On June 1, 1920, the Attorney General filed a plea, alleging that he did so "without in any manner waiving his demurrer filed in the above entitled cause," that The First Church of Christ, Scientist, is a public charitable trust, and that the deed of January 25, 1898, (see ante, 60-63) created a public charitable trust subsidiary thereto and as one of the activities thereof; that on May 26, 1920, he had filed an information in the nature of a bill in equity in which he asserted "all the rights of the adherents of said church and of the public generally as beneficiaries of said charitable trusts," and that this bill of complaint disclosed no interest of the plaintiffs in the charitable trusts referred to, "except as adherents of said Church and as members of the public, as to which the plaintiffs are fully represented by the Attorney General" as plaintiff in his information. Issue was joined on this plea on June 5, 1920.

On June 19, John V. Dittemore, on June 23, the Attorney General, on June 24, the trustees of the Christian Science Publishing Society, and on June 29, 1920, one Julia S. Bartlett, severally filed demurrers. On July 13, Z. Lewis Dalby was joined as a party plaintiff.

The suit came on to be heard before Braley, J., "upon the bill as finally amended, the several demurrers thereto, and the plea of the defendant the Attorney General." He found the allegation of fact "that on May 26, 1920, the Attorney General filed in this court an information in the nature of a bill in equity," to be true; and, with the assent of parties, reserved the suit upon the bill and the several demurrers and the plea for determination by the full court.

E. A. Krauthoff & D.

L. Krauthoff, pro se.

W. G. Thompson, (F.

S. Streeter of New Hampshire, F.

C. Demond & G. E. Mears with him,) for Dittemore.

C. E. Hughes of New York, (S.

L. Whipple, L.

Withington, S. H. Strawn & R. H. Hollen with him,) for the trustees of The Christian Science Publishing Society.

J. W. Allen, Attorney General, (E.

A. Abbot, Jr., Assistant Attorney General with him,) for the Attorney General.

RUGG, C. J. This suit in equity as amended is brought by three persons who allege that they are members in good standing of The First Church of Christ, Scientist, in Boston, Massachusetts, and that they bring this suit "on behalf of themselves and of all other members of the Church who may elect to become parties hereto and join in this effort to preserve and uphold the Church...