Circle of Christhood
The Study of Joel Goldsmith's Infinite Way
SINKLER, EMMA, SOLOMON
Lorraine Sinkler took Emma Goldsmith to court in a drama equal to that of King Solomon and the baby. The Infinite Way was the baby both parties claimed was theirs. Both "mothers" were willing to cut the baby in half rather than surrender and let it live in oneness.
Below is the legal tale. Learn well from the example of Joel's disciples.
Sinkler vs. Goldsmith
Lorraine Sinkler, Plaintiff-Emma Goldsmith, Defendant Lawsuit October 1, 1985
Dear Reader and Student of Joel,
It is in the interest of truth and your independent study that this historical data is being posted. As new generations of students come to our path, questions may surface about past circumstances in the work and with the teachers Joel hoped would follow in his footsteps, supporting the Infinite Way and his beloved student and wife, Emma Goldsmith.
Joel completed his teaching known as The Infinite Way, on June 7, 1964. It is a message of love, healing, forgiveness -One power – one brotherly, spiritual household of students. We should be a joyous family of harmony and good will, eager to help and support one another, eager to forgive offenses and nothingize and impersonalize upsets. Each of us should embody the teachings so all see us as examples and lights, beacons for love and truth. To this end, Joel left clear instructions: Do not make or use any tapes but his for study. Do not organize. Do not take your problems to court. Do not expect to pass on your spiritual consciousness to another. No person can ordain another. Always be vigilant - the illumined will be tested even more than the un-illumined. Finally, God does not operate in this world. Those of us who have chosen The Infinite Way as our study and spiritual path are prepared to devote our lives to Joel’s teaching.
It is therefore right and proper for students to have access to everything that will help them find their personal teacher, one who has the correct understanding of Joel’s work and who lives and reflects his message. The Infinite Way is a message of truth which emphasizes experiences and fruitage as the measure of consciousness. For a teaching of love and healing to have discord, gives the student the impression it is no different from all the other religions in history that have had disciples “fight over the robe of the master.”
For a teaching of oneness to embody discord and division confuses new students and takes away from the principles. Rumors of lawsuits continue to be a challenge for teachers to explain. Now we have a place of reference. We do not have to empower this error with discussion. Time allowed error many opportunities to divide that which Joel had united. It is with a prayer for reunion that this material is shared.
If viewed impersonally, we may see the truth that lies within it. The primary actors in this drama are gone from the earth, as are their human emotions. Those that surface with this information can be dissolved in meditation as we remember that any emotion is only error trying to trick us into believing that a human picture is real. Let us learn from the examples given here so that Joel’s message can return to one of unity and correct study of truth. We must remain vigilant for error can operate even in holy messages of truth. Temptations will present themselves to all of us as long as we are on this earth-regardless of illumination. Heed the warnings and follow the principles. Love, forgiveness, meditation and God contact are our practices; healing is the fruitage. Be careful, The Infinite Way without love, forgiveness, healing and meditation, is not The Infinite Way.
Your sibling in spirit,
Anonymous
Lorraine Sinkler Plaintiff v. Emma Goldsmith, Defendant
No. CIV 83-1298 PHX CLH United States District Court, D. Arizona October 1, 1985 The plaintiff Lorraine Sinkler (Sinkler) commenced this action against the defendant Emma Goldsmith (Emma) to obtain a declaratory judgment “declaring the rights, duties and legal relations of plaintiff and defendant with regard to the letters, memoranda and manuscripts of Joel S. Goldsmith (Joel) and that plaintiff be granted the right to publish the book Horizons in Consciousness and any and all letters of Joel S. Goldsmith that he sent to plaintiff.”
Emma counterclaimed for a declaratory judgment that Sinkler had no right to publish Joel’s letters, for injunctive relief and damages for copyright and trademark infringement, for wrongfully using Joel’s name, and for damages for breach of contract. Emma is mentally incompetent, and her daughter, Thelma G. McDonald (McDonald) has been named her guardian and litem.
Both parties have moved for summary judgment. While she commenced this action, Sinkler now contends that the court should abstain from deciding the issues because the dispute between the parties is an ecclesiastical one.
While the first amendment bars civil courts from adjudicating internal disputes of religious organizations, see Serbian Eastern Orthodox Diocese , Etc. v. Milivojevic, 426 U.S. 696, 713,724, 49L.Ed. 2d 151, 96 S. Ct. 2372 (1976), a civil court is the proper form for resolving property disputes between religious bodies, Presbyterian Church in United States v. Mary Elizabeth Blue Hull Memorial Presbyterian Church, 393 U.S. 440, 445, 21L. Ed. 2d 658,89S.Ct. 601 (1969).
The issues in this case involve property rights – copyright and trademark infringement, the right to exploit another’s name, and breach of contract. It would be improper for this court to abstain from resolving the issues.
FACTUAL BACKGROUND
The Infinite Way was founded by Joel S.Goldsmith in 1947. It may be characterized [*730] as a non-traditional, non-structured spiritual movement. During his lifetime, Joel disseminated his teachings of The Infinite Way worldwide to thousands of students and other persons through lectures and classes, tape recordings of his lectures and classes, books and The Infinite Way monthly Letters.
The offices of The Infinite Way were established by Joel and Emma in Hawaii in about 1952 and were primarily supervised by Joel until his death in 1964. In 1969 the offices were moved to Sante Fe, New Mexico, and in 1975 they were moved to Youngtown, Arizona, where they are presently located.
In 1949 Sinkler met Joel and became one of his students. Over the years until Joel’s death, the two exchanged hundreds of letters. In April, 1955, Joel asked Sinkler to edit and collaborate on the rewriting of a transcript of his recording entitled, “The Easter of Our Lives.” Thereafter, they worked together on the writing, editing and publishing of numerous articles, pamphlets and books. In each instance the authorship was attributed to Joel.
In 1957 Sinkler commenced preparing and editing The Monthly Letter, using recordings of Joel’s classes for source material. Authorship was attributed to Joel, who approved the contents of each Letter. After his death, Sinkler continued to prepare and edit The Letter, but authorship continued to be attributed to Joel. On February 3, 1967, Joel’s widow, Emma and Sinkler entered into a written agreement for Sinkler’s work on The Monthly Letter. Pursuant to the agreement Sinkler was also to assemble the Letters into annual books. Authorship was to be attributed to Joel. Emma was to pay Sinkler for her services.
Eight books were prepared, the last of which was published in 1980. Each of the books was copyrighted in Emma’s name. The agreement provided for cancellation by either party upon 30-days written notice. By a letter dated September 15, 1981, Emma cancelled the agreement, terminating Sinkler’s involvement with The Monthly Letter after the November,1981, issue. Since Joel’s death, Sinkler has conducted classes on The Infinite Way, using Joel’s copyrighted tapes and writings.
From the time of Joel’s death to about 1973, Emma attended some of these classes. Other persons also conduct classes on The Infinite Way. Until 1978, Sinkler sold Joel’s tapes, which she obtained from the offices of The Infinite Way. In 1978, she began selling her own tapes of her lectures and The Infinite Way classes. In 1973 a book written by Sinkler, The Spiritual Journey of Joel S. Goldsmith, was published. The book included some of Joel’s letters to Sinkler. The book reportedly displeased Emma.
In 1981 Sinkler completed a second book, Horizons in Consciousness, a large part of which consisted of correspondence between her and Joel. Her publisher, Harper and Row, requested a signed release from Emma, who refused to sign. Consequently, Harper and Row cancelled plans to publish Horizons. In 1977, Emma conveyed the business of The Infinite Way to McDonald. On July 26, 1983, a copyright registered for a work shown as “Group of Letters Written by Joel S. Golsmith to Lorraine Sinkler from 1949 to 1964.” The registration was accomplished by Lloyd L. Zickert, who is shown as the authorized agent of Emma A. Goldsmith.
The certificate of registration recites that Emma obtained ownership of the copyright by intestate succession. The record of this case includes a copy of the Last Will and Testament of Joel. There is nothing to indicate whether it was ever probated.
SUMMARY JUDGEMENT ISSUES RE THE COMPLAINT
Sinkler’s complaint alleges four causes of action and seeks a declaratory judgment “declaring the rights, duties and legal relations of plaintiff and defendant with regard to the letters, memoranda and manuscript of Joel S. Goldsmith and that plaintiff be granted the right to publish the book Horizons of Consciousness and any and all [*731] letters of Joel S. Goldsmith that he sent to plaintiff.”
LICENSE BY JOEL
In her cause of action Sinkler alleges that Joel gave her “an express license to utilize any and all conversations, tape recordings, notes, letters, manuscripts and other memoranda in any way [Joel] saw fit,” and that the permission took the form of both “oral and written communications.” The written communications are alleged to consist of a note dated January 29, 1960, from Joel to Sinkler that stated, “In two envelopes are notes accumulated these past 10 years & you may wish to make a JSG notebook” and a letter dated January 27, 1963, in which Joel told Sinkler, “Someday you may publish this in a Letter or a personal Letter to all who receive the Letters. You will know when the time is right. It may be while I am still with you in the flesh or it may be later.”
Neither of these materials can reasonably be construed as granting an express license to publish all of Joel’s materials.
IT IS ORDERED granting summary judgment in favor of Emma and again Sinkler on the issue of whether Sinkler has a right to publish materials written by Joel because of an express license granted by him.
LICENSE BY EMMA
Sinkler’s second cause of action alleges that Emma gave her a license to publish Joel’s letters in writing and orally. She bases her claim of a written license on a handwritten note dated May 27, 1972, in which Emma gave Sinkler “permission to quote from Joel S. Goldsmith’s tape recordings, books and other writings.” Within the context fo the letter, the word “quote” means “to speak or write (a passage) from another’s work verbatim…” Webster’s Third New International Dictionary (1976).
Publishing passages from Joel’s letters cannot be expanded to publishing the entire letters themselves. The only evidence in the record that Emma granted Sinkler oral permission to publish Joel’s private letters is Sinkler’s testimony.
Emma contends that any license that she gave Sinkler to publish Joel’s letters was terminated by Emma’s refusal to sign the release required by Harper and Row before it would publish Horizons of Consciousness. Whether the refusal manifested her termination of any license is a question of fact. It is also a question of fact whether Emma was competent at the time that the 1981 refusal was purportedly given.
IT IS ORDERED denying Sinkler’s motions for summary judgment on the issue of whether Emma gave Sinkler a written license to publish Joel’s letters.
IT IS ORDERED denying summary judgment on the issue of whether Sinkler had an oral license from Emma to publish the letters. First Amendment The third cause of action alleges that Sinkler and other students of The Infinite Way are being deprived by Emma of rights guaranteed by the First Amendment to the Constitution of the United States. The amendment applies only to government (civil authority) by limiting its powers to interfere with religious worship and freedom of speech. (case ref.)
IT IS ORDERED granting summary judgment in favor of Emma on Sinkler’s third cause of action. Joint Work Sinkler’s fourth cause of action alleges that Horizons of Consciousness is a joint work of Sinkler and Joel. The Copyright Act of 1976 defines a joint work as “a work prepared by two or more authors with the intention that their contributions be merged into inseparable or interdependent parts of a unitary whole.” 17 U.S.C.@101. Horizons in Consciousness was started by Sinkler in 1978 and completed in 1981-many years after Joel’s death. Thre is nothing in the record to suggest that before his death, Joel and Sinkler intended [*732] that their letters to each other “be merged into inseparable or interdependent parts of a unitary whole.”
IT IS ORDERED granting summary judgment in favor of Emma on Sinkler’s fourth cause of action.
SUMMARY JUDGMENT ISSUES RE THE COUNTERCLAIM Declaratory Judgment The first counterclaim seeks a declaratory judgment that Sinkler has no right to publish the letters written to her byJoel. Emma claims that she holds the copyright to Joel’s letters.
Sinkler denies that Emma has a copyright in Joel’s letters because (1) he abandoned any such interest by the September 29, 1960, not ant he January 27, 1963, letter to Sinkler, (2) he never owned a copyright interest in the letters, and (3) Emma was incompetent at the time of the 1983 registration of copyright.
Nothing in the 1960 note or the 1963 letter suggests an intent on Joel’s part to abandon whatever rights he may have had in his letters. The note does not refer to any letters at all. The letter contains only an authorization to publish that particular letter.
“The general rule is that the author of a letter retains the ownership of the copyright or literary property contained therein while the recipient of the letter acquires ownership of the tangible physical property of the letter itself.” Nimmer on Copyright, @ 5.04 at 5-32 (1985). Sinkler, who is not a lawyer, was aware of this principle before this action commenced. See Defendant’s Exhibits 530C and 531C. Upon Joel’s death, ownership of the copyright in his letters would have passed to Emma, his widow. Copyright protection does not depend upon registration with the Copyright Office. 17U.S.C.@408(a). Therefore, the issue of whether Emma was mentally competent at the time that the copyright of Joel’s letters was registered is not relevant. However, Emma’s copyright does not extend to all f Joel’s letters. Some of them were published in The Spiritual Journey of Joel S. Goldsmith either with Emma’s permission or acquiescence. Whatever copyright Emma had in those letters must be deemed to have been abandoned.
IT IS ORDERED granting summary judgment in favor of Emma on her first counterclaim declaring that she has a copyright in Joel S. Goldsmith’s letters, except those that have previously been published by Sinkler in The Spiritual Journey of Joel S. Goldsmith.
COPYRIGHT INFRINGEMENT
Emma’s second counterclaim alleges that Sinkler has infringed her copyright of Joel’s letters by “reading the copyrighted letters to large groups of students in their original form or in revised form…without permission or license from counterplaintiff.” Sinkler contends that the use of the letters constituted a “fair use” authorized by 17 U.S.C. @107.
The doctrine generally applies to materials already released by an author for public consumption, either expressly or through de facto publication. See Harper & Row Publishers, Inc. v. Nation Enterprises, (case ref.) There is no evidence that Joel either expressly or by performance or dissemination, released his letters for public consumption.
IT IS ORDERED granting summary judgment in favor of Emma and against Sinkler adjudging that Sinkler’s publication of any of Joel’s unpublished letters, except those published in The Spiritual Journey of Joel S. Goldsmith, does not constitute fair use.
BREACH OF CONTRACT
Emma’s third counterclaim seeks damages for breach of contract. It is undisputed that Emma and Sinkler entered into a contract dated February 3, 1967, that required Sinkler “to produce a monthly letter form [writings and tape recordings of Joel], and to assemble said letters into a [*733] book at the end of each calendar year.”
Emma appears to have inserted “calendar” and “year” the language, “sometime during the following.” Her initials appear by the insertion. Sinkler’s do not. The contract provided that Emma would pay Sinkler $400 per month. At some time, undisclosed by the record, the amount payable per month was changed to $500.
The contract also provided that either party could cancel by giving the other a 30-day notice. From 1964 to and including the November, 1981, Letter, Sinkler prepared The Monthly Letter of The Infinite Way as required by her contract. She also annually assembled The Monthly Letters into books until 1971. She contends that she discontinued assembling the Letters into books at that time because the publisher informed her that there was no market for the books.
By the letter dated September 15, 1981, Emma informed Sinkler that she was terminating the contract. During the time the contract was in existence, Sinkler was paid varying amounts ranging from $100 to $600 per month. Emma claims that she has been damaged by Sinkler’s failure to assemble the annual books.
There were clearly issues of fact regarding the extent to which the parties may have amended or modified the original agreement and regarding the profits that Emma may have realized from the annual books.
IT IS ORDERED denying Emma’s motion for summary judgment on the third counterclaim.
TRADEMARK INFRINGEMENT
The fourth counterclaim alleges trademark infringement in violation of 15 U.S.C. @1125(a).
Emma contends that “The Infinite Way” is a trade name and that she ahs the exclusive right to use it. If “The Infinite Way” is indeed a trademark or a trade name, it could well have attained a secondary meaning as the name of a religious movement. Whether the name has acquired a secondary meaning is an issue of fact .Am. Scientific Chem. v. Am. Hosp. Supply, 690 F.2d 791,792 (9th Cir 1982) (citing Norm Thompson Outfitters, Inc.v. Gen. Motors Corp.,448 .2d 1293, 1296 (9th Cir. 1971)
However, other undisputed facts establish that Sinkler is entitled to use the name as a matter of law. Sinkler has been lecturing on “The Infinite Way” for over 20 years. Emma has been aware of these lectures. She attended some of them. The first time that she ever contended that Sinkler was engaging in unfair competition by using “The Infinite Way” was in connection with this action. Sinkler has affirmatively pleaded facts that are sufficient to allege defenses of laches and acquiescence. The defenses of acquiescence and laches apply as a matter of law.
IT IS ORDERED granting summary judgment in favor of Sinkler on the fourth counterclaim.
FIFTH COUNTERCLAIM
Emma’s fifth counterclaim alleges that she is “the sole owner of the right to benefit from the name of her husband and the preeminence of her husband during his lifetime” and that “Sinkler has been using and will continue to use the preeminence of Joel S. Goldsmith in the conduct of her classes and lectures.” The notable and famous have the “exclusive right during their life to control and profit from the commercial use of their name and personality. (case ref.) Generally, the right does not survive one’s death.(case ref..) However, the right of publicity has been held to survive if the holder of the right exploited it during his lifetime. (case ref.)But see Memphis Development, 616F.2d at 960 (assignment of [*734] right of publicity during life is not sufficient to convert it to an inheritable property right after death.) There is no showing that Joel exploited the use of his name and personality by assigning the right to use them to another.
IT IS ORDERED granting summary judgment in favor of Sinkler on the fifth counterclaim.
DATED this 1st day of October, 1985
Because There Are Two - Personal Sense
From Tape #405 side 2
"What are the problems of those that come to you? You will discover you could boil it down to personal sense, but personal sense means that there are two or more people. There can be man and wife. There can be parent and child. There can be partners in business. There can be capital and labor relations. There can be all kinds of human relationships and every one of them at some time or other is the source of discord and inharmony. And if you are called upon for help you have only one remedy to give spiritually and that is your realization of "I". "I and my Father are one" and in that relationship is infinite relationship -- the only relationship there is and so we don't have me and a God. And we don't have me and a partner. And we don't have me and another person at the conference table. We only have the "I" that I am infinitely expressed.
Then when we sit down at the conference table, a unity unfolds, a oneness of thought unfolds, a mutualness unfolds. It does so not because anyone has psychologized it but because someone has realized there are not two at the conference table there is but one and I am that one. "I" God, am that one. "I" constitute me and "I" constitute you. "I" God constitutes individual being and until you reduce the relationships of everyone to one you are still dealing with a human world and trying to patch it up. Now you can succeed temporarily just as we have had the end of wars temporarily and then the start of other wars. But for permanent peace to be established in your household, in your community, in your business, in your profession, there is only one way. Don't have a patient, a practitioner and a God. Come to the realization that "I" am the only one. And when you are abiding in that I-ness, the infinite individuality appearing as two or more people will be one. One in purpose, one in solution of problems, one in will.
Now this embodies for a while a discipline, a training -- because every time we look out here humanly we see two or more. And what do we find? This one has a will in this way, and this one has a will in that way, someone else has another will, and you sit three people down together each with a will of their own and you've got a war.
But the solution to it from your standpoint as a practitioner is don't have three people to the deal or thirty three. Resolve them into one by realizing there is only one life, there is only one mind, there is only one law, there is only one Spirit, there is only one will. And "I am" is that one. So whether "I am" is Joel, "I am" is Bill, "I am" is Mary, it is still "I am", it is still the one that "I am", and I am that "I am". Then you see you have resolved this thing to where you don't have patient, practitioner, and God -- nor do you have three people or thirty three people each with a will of their own.
In a Spiritual activity you do not bring two together to make them one. You realize there was only one to begin with and "I am" that one. The "I" of me is that one. Then, you can say, "Thy will be done." "Thy will be done," meaning that "I" which is the "I" of each of us. And when thy will is done it is made manisfest in all who are concerned. - Joel Goldsmith
Affidavit by Lorene McClintock
Lorene did not testify in court and would not attend the trial as many of the other teachers and students did.
Lorene McClintock Affidavit
No. CIV 83-1298-PHX-CLH
State of New York
County of New York
Judge Charles Hardy
I am a resident of the State of New York, residing at 853 Seventh Avenue, NY, NY 10019.
I first became aware of The Infinite way in the early 1950's when someone gave me a copy of the booklet, "The Fourth Dimension." I felt drawn to the message and soon succeeded in obtaining a copy of the book, THE INFINITE WAY. I read the book avidly until I found that Joel was saying that you cannot use this for yourself. On page 89 of the book, he wrote, "...and we must not think to use our spiritual powers to gain personal and selfish ends." At the time, I was interested only in being successful and in "getting what I wanted;" and I realized that this message was not for me. So, I put the book away. However, later, I heard that Joel was speaking here in New York, and I attended one or two of his lectures that were open to the public.
In 1956, Joel gave three consecutive classes in New York, and I attended all three classes. Since that time, I have considered myself a student of The Infinite Way.
In 1957, I had my first appointment with Joel. His wife, Emma Goldsmith, was present. I remember the meeting as a deep spiritual experience.
In 1959, I began to conduct meetings in New York a which tape recordings of Joel's lectures and classes were played for the students. In the summer of 1959, I attended a class given by Joel in Hawaii. And later that year, at Joel's request, I arranged for and managed his lectures and classes held in New York. During the subsequent years, when Joel gave classes and lectures in New York, I also made the arrangements.
From the time of the 1959 classes, Joel placed me in a position of responsibility for teaching the students and for giving them practitioner help. And, from 1960 until the present, I have taught The Infinite Way principles to students individually and in classes; and I have given help to the students from around the world.
Each time I give a class, the message is recorded on tape. However, no tape that I have made has ever been available for purchase. And no tape has been given away or loaned to a student. The tapes may be heard only in my presence.
In 1963, a study course based on The Infinite Way writings and the Bible evolved out of my work in New York with Infinite Way students. The course comprises fifteen lessons to be studied over a period of seventeen weeks. In the summer of 1963, I went to Hawaii to attend some special classes with Joel, and I took the typed lessons to show to him. He was elated when he saw them, and he said that they must be made available for all the students. he told me that since these lessons had come through my consciousness, I should be the one not only to determine how they should be presented, but also to make them available to the students. And he said that I should apply for a copyright in my name. It was agreed: 1) that the seventeen-week course would be called the "Assignments for Infinite Way Study;" 2) that the lessons would be sent one at a time to the student; 3) that a fee should be charged, and that I should be the recipient of the income. However, prior to having the lessons printed, I reviewed the course again with Joel, and obtained his approval. A copy of the written agreement made with Joel dated December 4, 1963, is attached as Exhibit A. A copy of a letter describing the course to a student who request the information is attached as Exhibit B. A copy of the fifteen assignments and the introductory statement concerning the course is attached as Exhibit C. I have continued, since 1963 to make the course available to students throughout the world.
I received many letters from Joel, as did other students around the world who corresponded with him. I have regarded my letters from him as personal, and I have not shared them with others, because it is my belief that the relationship between student and his or her teacher is private and should be maintained sacredly and secretly. This is the trust that I also place in my own students.
I do not remember the exact year that I met Lorraine Sinkler, but I feel sure it must have been as early as 1957, and perhaps 1956. Certainly, I attended classes given by Joel where she was present. At a class given in Chicago in approximately 1960, Joel asked Lorraine Sinkler, Eileen Bowden, and me to speak for fifteen minutes each day before his class began. And, of course, in 1964, I also spoke at the class in Chicago (his last class in the United States), when Joel asked five of us (Lorraine Sinkler, Eileen Bowden, Virginia Stephenson, Daisy Shigemura, and me) to give a one-hour talk. At that time, Joel announced to the students that he felt that each of the five of us was qualified to teach the principles of The Infinite Way. There were three other occasions - in 1965, 1966, 1967 - when four of us (Lorraine, Eileen, Virginia, and I) participated in a class at which each of us spoke.
In 1984, Virginia Stephenson asked me to participate in a conference to be held in Denver on the Memorial Day weekend. I declined; and the conference was conducted by Virginia, Lorraine, and Eileen.
In 1973, Lorraine sent me an inscribed copy of her book The Spiritual Journey of Joel S. Goldsmith; I read the book shortly thereafter. In my opinion, there were personal references to Emma Goldsmith in the book that not only are uncomplimentary and unkind, but also distracting and unnecessary, and inappropriate in a book intended to present Joel's spiritual journey.
I feel a debt of gratitude - beyond our realization or recognition - is owed Emma Goldsmith, who not only persisted in recording Joel's classes and lectures, but also made the tapes available for the students. Since most of The Infinite Way books and Monthly Letters have been transcribed from the tape recordings, there would be relatively few published "writings" if there had been no tape recordings of Joel's message.
To my knowledge and belief, and from my personal contact with him, I know of no spiritual heir designated by Joel S. Goldsmith. His message is complete and intact, and it is available to be heard in his own voice on the tape recordings of his lectures and classes.
Maglla White Affidavit
Magella White Affidavit
No. CIV 83-1298-PHX-CLH
State of
Judge Charles Hardy
Magella White, being duly sworn deposes and states:
- I am a resident of the State of
- I have worked at the offices of The Infinite way for Emma A. Goldsmith and her daughter Thelma G. McDonald since 1978, having the duties of clerk-typist, correspondence secretary, and since 1981 assisting with the preparation of the material for The Infinite Way Monthly Letter. Beginning with the December, 19981 Monthly Letter, I have been preparing material for the letter under the guidance and instructions of Geri McDonald and particularly with her spiritual help. I have used as research material Joel. S. Goldsmith’s taped recordings of his lectures and classes and his other writings, together with the files of Emma Goldsmith and the
- Because of my duties for The Infinite Way offices, I have had substantial personal contact with Emma and Geri.
- In 1981 I was asked and instructed by Emma and Geri to prepare, for Emma’s signatures, the letters to Lorraine Sinkler dated September 9 and 15, 1981 copies of which are attached as Exhibits A and B. After preparing these letters I delivered them to Emma for her review and signature and further handling. Emma was under great emotional stress at the time, but she had the mental capacity to understand the content of the letters.
- At the institution of the lawsuit by plaintiff Lorraine Sinkler, I was instructed by Geri to review the allegations made by Sinkler and to conduct research among the records of The Infinite Way and Joel’s tapes and writings to determine the facts bearing on the allegations. After receiving from Sinkler’s attorney copies of the correspondence between Joel and Sinkler alleged to be used in the preparation of Sinkler’s book Horizons of Consciousness, I worked with Geri to compare the original correspondence with that in the book. I found many discrepancies. I have also become familiar with the affidavits attached to plaintiff’s motion for Summary Judgment and the deposition transcript of Lorraine Sinkler.
- While Sinkler claims in her deposition that the editing of the letters was very minor, the comparative study made by Geri and me shows that there were careful deletions and omissions from many of Joel’s letters and the quoting out of context of Joel’s words, all for the purpose of producing an entirely different impression from what the letters would indicate.
For example, at page 119 of Horizons, plaintiff quotes an alleged conversation with Joel S. Goldsmith in which he was to have said:
“I have stolen your first chapter for the book on Scriptures as the introduction to the American edition of Living The Infinite Way.”
However, in her letter dated
“The very first chapter in the book [reference to the above book on Scriptures] is beginning to take shape. I couldn’t see how the first chapter could ever be done. It seemed to be the hardest of all and now the whole picture is there. Just the right material is given me to use.”
In her letter dated
“I am so glad you like the first chapter, and now it can be told. It fell into place quite beautifully. Just the right passages came to my attention…a happy thought came to play a couple of radio broadcasts…and that did it. I saw n them the basis for the first chapter.”
Accordingly, the implication from the above alleged quote of Joel that she wrote all of Joel’s material cannot be supported from a look at her own letters written to Joel where she acknowledges use of material received from him and his radio broadcasts. Further, there are many other letters from Joel and from
A comparison of Joel’s four-page letter to Lorraine dated August 18, 1952, copy attached as Exhibit G, and the severely edited version on page 32 in Horizons, copy attached as Exhibit H, further shows that Lorraine deleted any favorable comments by Joel of Emma (referred to as Mrs. Lindsay) and particularly comments concerning Emma’s heavy involvement in the work of The Infinite Way. This is one of the many meticulous deletions from Joel’s letters intended to prevent the reader from knowing Emma’s importance to The Infinite Way. To further downplay Emma’s
- The representation by Sinkler that her book Horizons is a spiritual, educational book in the form of a chronological history of her spiritual development through the correspondence between herself and Joel S. Goldsmith is not supported by the facts. For example, several of Joel’s letters indicating
- On page 118 of Horizons (copy attached as Exhibit I),
“This book is personal life revealed. This book, and The Art of Meditation and Living The Infinite Way reveal all that has happened me in my entire spiritual career.”
It is not reasonable to assume that Joel, in view of his comment in Practicing the Presence or in view of his other teachings that he would approve a book to be written and published nearly twenty years after Lorraine claims she obtained such approval.
- Because of some of the above-noted inaccuracies and misquotes and twisting of facts noted in the book Horizons and which constituted only a small number of many discrepancies, Emma A. Goldsmith was rightfully adamantly opposed to approving the publishing of Horizons.
- The contention by
- Sinkler attempts to give the impression that she is in charge of The Infinite Way and is its sole leader and that she is the one designated by Joel to control The Infinite Way. She also attempts to give the impression that she was the sole person responsible for writing Joel’s books. These contentions are not supported by the record. As evidence of one instance where Joel made it clear to Emma that she was not only in charge of The Infinite Way office, but also that she had a strong voice in the content of the books, I refer to Joel’s letter to Emma dated November 8, 1962, a copy of which is attached as Exhibit M. In this letter he asked Emma to make it clear that
As evidence that neither Sinkler nor anyone can be Joel’s spiritual heir, he states in his diary entries of
“Once I thought of 3 who would be close to me in world work of IW.
Had to drop it. Later called 5 to me and one by one it became clear it would not work. Finally-12 out of the world. One by one so many dropped away it narrowed to three close ones-and then –all had to be dispersed. There is no one to work with me. No one is standing by me or the work.”
The following books were published by Joel prior to Sinkler’s claim that she wrote books for Joel:
1947 The
Spiritual Interpretation of the Scripture
booklet – “Business and Salesmanship”
1948 Consciousness Unfolding
1949 God, The Substance
1950 booklet –“The Master Speaks”
1953 booklet – “I Am the Vine”
1954 Living the
1956 The Art of Meditation
1956 Practicing the Presence
12. Sinkler contends that Joel never concerned himself with obtaining copyright protection on his writings. As evidence that this contention is totally false, I refer to a copy of this letter to Lorraine dated February 14, 1961, a copy of which is attached s Exhibit P, wherein he states “Attorneys are working on the matter of copyrights.” Further, refer to a certified copy of a search report made by the Copyright Office of the
- I have further listened to the following tapes of Lorraine Sinkler and have also examined the transcripts of these tapes;
Tape 1 – Catalog No. 8101 - 1981
Tape 1 – Catalog No. 8106 – 1981 San Rafael Closed Class
Tape II- Catalog No. 8107 –1981 San Rafael Closed Class
TapeI – Catlaog No. 8109 – 1981 Pasadena Closed Class
I have compared statements made by Sinkler to her students from the above tapes with Joel’s actual teachings as understood from his taped lectures and classes, and I am of the opinion that Sinkler distorts Joel’s teachings to justify her present and past actions, all under the guise of representing her classes to be sponsored by The Infinite Way. Further, I find with respect to her spoken word in the above-mentioned tapes, they are of little spiritual or educational value and have little to do with Joel’s message. For example, the first above-mentioned tape explains the circumstances regarding her book Horizons of Consciousness, which is of no educational or spiritual value. Her philosophy on forgiveness-that there is nothing to forgive because there is no one to forgive – is 180 degrees out of phase with Joel’s teachings. Likwise, her philosophy on freedom – that her students can do anything without fear of consequences – is directly opposite Joel’s teaching. Similarly, she misstates Joel’s teachings by contending that Joel taught The Infinite Way message as not including any rules or regulations governing the students. This conflicts directly with many of Joel’s writings, such as Joel’s 1964 instructions for Infinite Way tape group leaders, where he stated:
“Since there can’t be rules for this one and that one, there has to
be one rule and all must obey it…I tell our tape group leaders, teachers
and students there must be no literature and no tapes except the message
of The Infinite Way and no exceptions to that rule.”
- In the affidavits of Russell and Julia Davidson, they assert that Lorraine’s teachings conform to the principles of Joel’s message and that Lorraine is the single individual most responsible for the spreading of Joel’s teaching. For the following reasons these assertions are erroneous.
In 1984 I attended the so-called Infinite Way World Conference held in Denver and conducted by Virginia Stephenson, Eileen Bowden and Lorraine Sinkler and the leader of the so-called Infinite Way Denver Study Group. Prominently displayed at this conference on a large table were tape recordings of lectures and classes by Stephenson, Bowden, and Sinkler, together with their catalogs of listed tape recordings. This display of resource material purporting to be Infinite Way material did not include any tapes of Joel Goldsmith, a list of Joel’s tapes from The Infinite Way offices, any information on The Infinite Way Monthly Letter still being published, or any indication as to where Joel’s written materials or tapes could be obtained. Another table manned by the Denver study group included books written by Joel, but no tapes.
At the introductory sessions on Friday evening, Virginia Stephenson, Eileen Bowden and Lorraine Sinkler each gave a speech. These speeches consisted primarily of their talking about their closeness to Joel, their representation that he approved of their work and how important they were to the Infinite Way movement. Sinkler did mention one of Joel’s taped recordings by name but gave no indication as to where it could be obtained. The speeches totally ignored the existence of The Infinite Way offices and recording studio and the fact that The Infinite Way Monthly Letters and other of Joel’s materials are available from that office. Nothing was said about Emma having continued Joel’s work by maintaining the offices of The Infinite Way. The impression given to the attendees was that Stevenson, Bowden and Sinkler are The Infinite Way.
I had dinner Friday evening with a long-time student of Joel S. Goldsmith by the name of Gene Kidd. After mentioning to her that my introduction to The Infinite Way movement was from Lorraine Sinkler’s book The Spiritual Journey of Joel S. Goldsmith, I inquired of her as to what she felt The Infinite Way was bout and asked her to recommend reading material to me. She said, “You don’t want to bother with that book.” She then stated that she lives by Joel’s book Practicing the Presence and The Art of Meditation. She further recommended that I obtain Joel’s tapes on his 1955 Maui classes. She also advised that these tapes could be purchased by writing to The Infinite Way in Youngtown, Arizona.
At the luncheon on Saturday, I mentioned to persons sitting next to me that I was confused by the fact that there were no tapes available on Joel’s lectures and that only tapes from Stephenson, Bowden and Sinkler were displayed. I inquired from them as to what they would recommend, they were reluntant to make a recommendation, but upon further questioning by me as to where to order tapes, one woman from Chicago said, “I buy only Joel’s tapes.” When I asked her if she could tell me where to order Joel’s tapes, she informed me that she had the latest Infinite Way Monthly Letter in her hotel room which would show the address of The Infinite Way offices where they could be purchased. We arranged to meet later after the Saturday session so that she could give me the address from the Monthly Letter.
Between sessions I also talked to a woman who was clutching a copy of Joel’s book The Contemplative Life. She told me that it was her favorite book and that she got the most out of it. On the other hand, her husband favored another one of Joel’s books, Practicing the Presence.
At no time did anyone whom I talked to recommend tapes of Stephenson, Bowden and Sinkler or the books written by Stephenson or Sinkler.
From my observations at the Conference and understanding from conversations with others, those at the Conference are particularly the ones who were Joel’s students during his lifetime were more interested in the camaraderie and opportunity to renew acquaintances with other students than tin the messages of the so-called teachers. I observed nothing that would make me feel that these students considered Lorraine Sinkler to be the spiritual heir of Joel S. Goldsmith.
Magella White (signature)
Subscribed and sworn to before me this 1st day of March 1985 (notary signature)
Notes:
From Exhibit F: 9-21-56
Joel to Lorraine:
“…The Master Speaks – you gave the first few pages a re-writing-& this I did not want. Just leave the book alone but omit the glaring errors like “Now” in every paragraph an the mistakes made in transcribing. You can tell by my correspondence I make very few errors-but the girls do not correctly hear all that I say on tape.
“So Lorraine, for all time – let us get over this self-condemnation state- and also the personal sense that feels that a correction represents some failure.
“I am doing a fine job on Consciousness Unfolding so you can go to Metaphyscial Notes next. Change the title to” Conscious Oneness with God” & in parenthesis (Metaphysicl Notes)…”
From Exhibit G: Joel to Lorraine 8-18-52
“…The tapes are ordered from Mrs. Lindsay – and payments made to her. As long as I am here will select for you – after that you can safely rely on Mrs. Lindsay. Not only is she one of our fine students, but she devotes her time entirely to this Recording Dept – (12 hours a day the past two months)-and knows all the tapes I recommend in their order. Also there will be a new catalogue in a few weeks. Lorraine this is proving to be the great link. The writings, the recordings –home study course and The Messenger (which will be enlarged as soon as possible) – and if the student is sincere – how can he miss? The great work that can be done by the local teacher-depends on the teacher. Some do fine things. Have been giving you name where it seems wise.
From Exhibit L: 1984 Emma Goldsmith
Freedom, The Laws, Grace
Joel Goldsmith
Some think of freedom or liberty as license: the freedom to do anything they want to do forgetting that freedom means the freedom to live so that all may be One. This idea of a free citizen does not mean an individual is free in his own being to do anything he wants to do! It means they are free to unite for the good of all, and it is that very point that is often lost sight of.
That is why these people who publish obscene literature feel they are doing it as part of the guarantee of the Constitution – freedom of the press – and they construe that to mean the freedom to be corrupt and to corrupt others. Freedom doesn’t mean that!
“Liquor sellers keep on selling no mater how stupid-drunk their customer may be-“because this is a free country” and they have the right to do anything they like and that the alcoholic has the right to do anything he likes. That isn’t true! That is not a right sense of liberty or freedom.
“Liberty and freedom mean the right to uphold each other, the right to stand in freedom of rightness with each other. With it comes the responsibility of spiritual freedom. It doesn’t mean that we are free to do anything we like or to ignore the laws of God or Grace. On the contrary, it places a deep responsibility upon us t not only love our neighbor but also to even be our brother’s keeper. “ [The above is from Joel S. Goldsmith’s taped recording of his 1955 Kailua Study Group, Tape No. 15, Side No. 1]
“[You have] the freedom to study a spiritual teaching, the freedom to study and practice any spiritual teaching you choose and the freedom to leave any teaching [when] you choose and seek another. All these are your rights. “[The above is take from Joel S. Goldsmith’s taped recording of his 1958 London Closed Class, Tape 1, Side 1]
“By virtue of having been born, we are under the law of cause and effect, of environment, of heredity, of infection and contagion, of sin and desire, of wealth and poverty. We are subject to [the law of] every human belief tat exists anywhere on earth.
“With the very first turning to the Spirit-away from ritual, creed, or dogma – we are bringing ourselves out from under those laws and are bringing ourselves under the Grace of Spirit.” [The above is taken from Joel S. Goldsmith’s taped recording of his 1955 Kailua Study Group, Tape No. 15, Side No. 1]
Editor’s note [Emma Goldsmith]:
[Joel never indicated that bringing ourselves out from the law applied to the judiciary laws of any country. Those laws are designed to protect the rights of every individual when those rights are threatened by those who are not living under Grace. To give you an example, in his 1960 England Open Class, Tape No. 8, Side No. 1, Joel has this to say on the subject of stealing:]
“The bread that you cast upon the waters s the bread that comes back to you. That’s why you find many people with burned fingers; they tried to get the bread that someone else placed on the waters. As you heard, I am going to Dartmore Prison (England) on Sunday to speak to the men. I am sure that some of them have burned fingers from trying to reach out for some of the bread that belonged to someone else. Life does not permit our taking from another that which belongs to him.”
Editor’s Note:
[In Joel S. Goldsmith’s taped recording of his 1963 Kailua Private Class, Tape No. 5 Side 2, he had this to say on the subject of bearing false witness:]
“Always remember that if a teacher lies to a student, that teacher has lost his or her power. If the student lies to a teacher, that student has lost his or her connection.”
Editor’s note:
[In the taped recording of Joel’s 1955 Kailua Study Group, Tape No. 15, Side No.1, he had this to say about maintaining one’s spiritual integrity.]
“[Even if] you become a spiritual “giant”, it does not say that you will not go back under the law. Don’t think for a single moment that on this plane you will ever advance so high spiritually that temptation in one form or another cannot come….I have seen many tempted by good, by fame, by wealth, or by ease – tempted to go off the Path in some human way. You have to maintain your life under Grace through the [constant] activity of Truth in your own consciousness.”
Editor’s note:
The above is not to be construed as rules of The Infinite Way. The Infinite Way is not structured like orthodox religions where if you break a rule you are excommunicated. Joel simply states what happens when you do not maintain your spiritual integrity, and he explains how this operates in the taped recording of his 1960 Melbourne Closed Class, Tape 3, Side No.2.
“The good you do to another, you are doing to your self, because there in only one Self. The harm you do to another, you are doing to yourself. ‘Inasmuch as ye have done it to the least of thee, ye have done it unto Me.’ That is Christ, God, the I. You can’t hurt any self without hurting yourself. You cannot benefit any self without benefiting yourself, because there is only one Self and that is the Self of all of us.”
Editor’s note:
The above passages are direct quotations from Joel’s tapes and are in his own words. There is therefore no possibility of misinterpretation, misquoting, or quoting out of context. Those who wish to do so can compare his written words with the taped recording from which the passages were taken.
We urge students who seriously wish to follow the Path or the Way as Joel showed it to go to Joel’s own words, study them, contemplate them, and take them into their own consciousness. After all, would you take someone else’s description of a rose to enjoy its beauty and aroma? Of course not. You can truly enjoy a rose only by yourself experiencing its beauty and aroma. So it is with Joel’s message of The Infinite Way.
If you are fortunate enough to have been led to an Infininte Way practitioner of high spiritual integrity, one whose spiritual consciousness is expressed in healings and in outward harmony, by all means meditate with that practitioner and let that practitioner’s spiritual consciousness raise you to that altitude and attitude where you yourself can hear the still small Voice. “By their fruits ye shall know them.” - Matthew 7:19
The Infinite Way
By the Editor
Virginia Stephenson Affidavit
Virginia Stephenson Affidavit
State of Hawaii County of Honolulu
CIV 83-128-98-PHX-CLH
Judge Charles Hardy
Virginia Stephenson, being first duly sworn, upon her oat, deposes and says:
- I am an Infinite Way teacher and Practitioner and have been a follower of the Infinite Way principles for over 30 years.
- I knew Joel Goldsmith during his lifetime and I know Emma Goldsmith, Joel's widow. I also know Geri McDonald, Emma's daughter by another marriage.
- During the course of Joel's lifetime, I attended numerous closed classes conducted by Joel. I also visited Joel and Emma many times in their home in Hawaii.
- I traveled to Europe with Emma Goldsmith in 1977. Emma could not sign her name to the hotel registers and this had to be done for her. In the taxi en route to the airport in Boston, Emma became disoriented and did not know where she was or where we were going. She was carrying a mink coat which she absent-mindedly left in the taxi. Fortunately, the driver truned in the coat and it was recovered. Ellen Hack was informally appointed to stay with Emma and keep her company, since she needed constant supervision. During the trip, Emma avoided any Infinite Way students if they wanted to discuss the teachings.
- I recall a 1961 private group during which Joel said that he would neer register the name "The Infinite Way" as a trademark or incorporate the Infinite Way. At this same time Joel spoke of this incident with Jack Addington. Jack Addington of San Diego once urged Joel to regiser the name "The Infinite Way" as a trade name and to organize The Infinite Way as a tax-exempt organization. Joel was firm in refusing to do either. It was at this meeting in his hotel room that Joel cautioned s never to use "The Infinite Way" on a bank account, or "doing business as" the Infinite Way, as The Infinite Way is not an entity, but a spiritual way of life.
- I conduct Infinite Way classes thoughout the United States. Emma Goldsmith has attended my classes and has heard me freely quote from the writings, tapes and letters of Joel S. Goldsmith. At no time has she expressed any objection to me doing so.
Further affiant sayeth not.
Virginia Stephenson (signature).
Subscribed and sworn before me this 18th day of January 1985.
Notary signature.
As we later find, the Library Work of The Infinite Way under the supervision of Lorraine Sinkler student, Dorothy Moore, became a tax-exempt entity to send free copies of Sinkler books and Goldsmith books to libraries and prisons. During Joel's lifetime, this was never a non-profit organization. In the 1990's a "student/teacher" of the IW was using this non-profit tax i.d. number to collect charitable donations for himself - quite the example as a follower of Joel's teaching.
Further, Lorraine and her sister, Valborg established the Valborg Foundation as well as a dance building at a college with their name. The student is reminded of "by their fruits ye shall know them." We do our philanthrophy anonymously in The Infinite Way according to directions we learn from the Bible.
The Story of King Solomon
Now you have read for yourself what took place in the Arizona courtroom. Picture the story of King Solomon and the two women claiming to be a baby's mother. Solomon had to decide with no real evidence. He finally said that all he could do was cut the baby in half and divide it between the two women. One said, fine do it. The other said, no, give the baby to the other woman. Solomon knew that with this plea, she must be the real mother.
In 1985, we are in an Arizona courtroom with a judge facing a courtroom of elderly, "spiritual" ladies battling over the rightful "mother" of The Infinite Way. Error set everyone up. Both sides were tempted, Sinkler with ego, perhaps fame, perhaps riches ( we only can view her actions and speculate), perhaps jealousy, or competition with Emma or Geri/Thelma MacDonald. The Emma/Geri side was tempted as well. Again we can only speculate by viewing their actions, ego, power, control, competition, riches....the list can go on and on. The point is that Error was able to get them to react in a human, material way rather than use the principles Joel taught them to dissolve any discord.
The parties, Sinkler and Goldsmith/MacDonald were as close as family, working and traveling together for decades. To think that there was no solution outside of a courtroom is hard to comprehend. Joel knew from his Masonic affiliation that one does not go to court with problems. He learned by disobeying this direction and being talked into defending himself in an inheritance case. He lost it eventhough he was practically guaranteed success. Thereafter, he urges students to not use the courtroom to solve problems. Joel said that if anyone wanted something from him, he would give it for he understood the principle of Supply and supply is infinite. We are also reminded of what Jesus said: if a robber comes for your wallet, give him your coat as well.
So, now we have this situation with the Horizons book. Why did Emma not want it published? She had given permission to Lorraine for years (Lorraine had a signed letter of permission) and allowed the book to be developed all the way to the final draft form. Lorraine surely had been given an advance. This was a terrible time to halt the project. The reason was that Lorraine had taken portions of the letters out of the book. Many of the reprimand and critical statements Joel made to her that were corrections and lessons, she withheld. Emma's reaction to the book was understandable. However, there was a solution. Emma could have insisted that the letters be included in their entirety.
Sadly, neither party could step back and see that their actions would divide The Infinite Way. The unified student body was being pulled to either Lorraine or to Emma. Thus, from a spiritual household of oneness, the disciples divided and re-established material sense.
In time, the division caused some to be denied tapes which then led students to illegally copy and distribute. Many began to record their own lessons against Joel's instructions and soon there were not just two groups, but scores of groups interpreting the work in new and "creative" ways.
In the 1980's Acropolis Books decided to challenge the family's copyrights again regarding the tapes. New divisions were established now on the lines of tape productions. The courts again decided in favor the Geri MacDonald, but the price was trademarking The Infinite Way and more legal steps to guard and protect what Joel tells us is of Grace and needs no human protection.
It is our job now to put this all behind us and return to the single family in Christ. Let us know that this is Error, nothing, a mesmeric belief that has been accepted. Let us not accept it. Let us forgive all those involved knowing the temptations are insidious to those charged with this kind of work. We love them all and know they did their best to protect Joel's work. The problem is not IN them. It is Error, impersonal Error.
