# LCMS Convention Proceedings_St. Louis Missouri_1944_S732
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

148 CONSTITUTIONAL MATTERS

k. Since many cases which may be brought before the B
develop gradually, some material facts are frequently not mention
in the minutes, though both parties were aware of them during
previous proceedings. Again, resolutions are often worded loose:
and do not always correctly represent the intent of those voti
on them. In such cases the Board shall attempt to secure from be
parties a stipulation as to these facts and as to the real mes
of the resolutions and have this stipulation form a basis of
argument. The Board may permit any party to amend its pleadi

1. Where facts are in dispute, the appellant is first given
opportunity to present his version. and to call his witnesses.
Board shall determine whether this presentation shall be in p
or entire. The appellee shall be granted the same opportuniti
as the appellant.

m. After the presentation of the facts, the Board shall hear thi
arguments, the appellant being given the first opportunity to presen’
his case. :

n. In cases of excommunication, the Board shall be especially:
careful to determine whether the sin is of such a nature as to make;
the person an heathen man and a publican.

o. If conciliation is impossible, the Board ‘shall pass judgmen
on the case. Unless the case is very clear, the Board shall not b
expected to render an immediate decision.

p. Since the opinion of the Board is to be presented to th
District for action and since it may form the basis for an appeal t
Synod’s Board of Appeals, it shall contain the following parts: °°

1. Statement of the facts of the case. If any of them have bee
disputed, the Board shall report its findings on the basis
of the evidence. :

2. The conclusion of the Board and the reasons for thi
conclusion. ,

This Opinion need not be printed completely in the official report
of the District. .

q. If a case which has been adjudicated by the District Board
and the District is appealed to Synod’s Board of Appeals, the
Opinion of the Board and the decision of the District sustaining the
conclusion of the Board shall form the basis of the appeal. The
procedure to be followed is substantially the same as outlined above.
The defense of the District decision is a matter for the administra-
tive officers of the District.

r. The provision of this section concerning appellants an .
appellees shall apply to plaintiffs and defendants where a Boar
of Appeals exercises original jurisdiction.