# LCMS Convention Proceedings_St. Louis Missouri_1944_S916
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

“APPEAL MATTERS 7 888

report. The presiding officer, Dr. F. Pfotenhauer, ruled that the
report could not be acted upon now, but that the member object-
ing to it should have an opportunity to present his objections to
the committee. Synod, he stated, did not have the time to con-
sider all such cases in detail, but had to rely upon the good judg-
ment of the committees which it had elected.

Another factor had to be considered. If the case was very
complicated, the members of the committee at times had to spend
almost the entire time in committee session and were unable to
participate in the discussion of Synod’s business. Frequently they
were almost exhausted by the time they had finished their hear-
ings and were able to present their findings only with great dif-
ficulty. And yet Synod was practically compelled because of
limitations of time to adopt these findings.

It was quite evident, then, that Synod by adopting these
resolutions in 1941 made it the duty ‘of Synod’s Board of Appeals
to render final decisions in appeals to Synod. Synod evidently
wished to achieve a more thorough investigation of such appeals
‘which would not have to be restricted to a ten-day period and
wished to give the Board which would have to render the decisions
for Synod ample time to consider the case on its merits.

The Board was confirmed in this interpretation of Synod’s
resolutions. At its first meeting at Fort Wayne, the Board wished
to assure itself about its duties. It, therefore, had asked Dr. M. F.
Kretzmann to be present for the discussion of this question.
Dr. Kretzmann not only had acted in his capacity as Secretary
of Synod, but was also chairman of the Handbook Committee,
which had proposed these regulations. He stated that it was the
clear understanding of the committee that the Board of Appeals
was to render final decisions in the name of Synod and that Synod
through committeés would consider only the questions of error
in procedure and new evidence and would in such cases remand
the matter to the Board of Appeals.

This action of Synod was not without precedent. In 1911 Synod
elected a committee of five men to act in the Fuhrmann matter.
See Report, 1911, p.186. Another appeal was taken to Synod in
1914. The following action was taken by Synod.

“Since the last Synod has elected a committee which was
given the assignment to decide (underlining in Report) the matter
of Pastor Fuhrmann in the name of Synod, no new committee
is to be elected to revise this decision.

“The investigating committee chosen in 1911 has published
the following Decision in the Lutheraner of Dec. 12, 1911:

“After a thorough investigation of the whole matter and after
an honest effort to settle it in a Christian manner, the committee