# LCMS Convention Proceedings_St. Louis Missouri_1950_S307
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

400 CONSTITUTIONAL MATTERS

may begin work in new foreign countries upon resolution of Sp.
assembled in convention or otherwise with the approval of the
President of Synod, the Board of Directors, and the College of
Presidents.”
We suggest that in paragraph 8.89 the word “shall” in the
second line be changed to read “may.”
THe Boarp oF Foretcn Missions
Herman H. KopretmMann
Assistant Executive Secretary

[506]
. Amend By-Laws 2.15 and 3.31

Wuerzas, The limitations of By-Laws 2.15 and 3.31 (Holding
More than One Office) often deprive Districts of the services of
specially qualified persons who might otherwise serve as District
officers or as members of District boards or committees without
interference or conflict in their several duties, be it therefore

Resolved, That the Board of Directors of the Southeastern
District of The Lutheran Church — Missouri Synod request Synod
to amend these By-Laws, so that hereafter they may read as
follows: “No one, either in Synod or in a District, or between
Synod and a District, shall hold any office the duties, preroga-
tives, or administration of which may conflict or interfere with
another office. The President of Synod shall decide doubtful cases,”

Boarp or DiREcTORS OF THE SOUTHEASTERN District
or THE LuTHERAN CHURCH — Missouri Synop

HErRBert F’, KUENNE

[507]
Amend Sections 3.43, 3.65, and 3.67

of the Synodical “Handbook”

Wuereas, “Every association, relationship, and constitution of
Christians must be brotherly if it would be Christian. As soon as
a false paternalism, priesthood, or mastery, be it spiritual or
worldly, wants to rule alone, then there is already a new papacy.
Then brotherly love no longer unites Christians, but the scourge
of the law in the hand of a tyrant hangs angrily and menacingly
over them. ... Against such scourge we want to be on our guard.
..- As long as we at least want to be Christians, we dare not en-
dure that men would rule over our conscience or our congreg2-
tions, but.only God through His Word” (Discussion of Two Lu-

‘conscience

CONSTITUTIONAL MATTERS 401

Church Government, Lutheraner, Vol. II (1847),

WT , “Synod is a free Christian assembly, a mere ad-
teqi. WHEREAS

-pody which, according to its best judgment, gives such

sunsels to the congregations as tend to their best interest... .
Such counsels which concern the internal affairs of a congrega-
tion are then first in force when the congregation, after previous
deliberation, voluntarily adopts them. . .. But when a congrega-
tion does not consider a resolution suitable for its own circum-
s and does not adopt it ... that remains a matter of their

” (Ibid., p.126); and

Waereas, According to Section 3.43 of the 1949 Handbook the
District President “may arrange for an official visit or an investi-
gation even without formal request therefor, when any contro-
yersy arises in a congregation or between two or more congre-
gations in his District,” etc.; and
'  ‘Wereas, Section 3.65 of the Handbook says: “The Visitor
shall officially visit the congregations, pastors and teachers of his
circuit. If he deems it necessary, the Visitor may arrange for
a special meeting of the congregation, even if he has not been
invited”; and

Wuereas, The above-quoted sections of the Handbook -might
be interpreted to mean that the President or Visitor or any per-
son designated by the President may exercise arbitrary power to
order or call a meeting without the formal consent of the congre-
gation and even when such consent is formally refused by such
congregation; and

Wuereas, Section 3.67 of the Handbook declares: “The juris-
diction of Visitors shall include non-member congregations whose
pastor are members of Synod, but for the purpose of official visits
in the congregation the consent of such congregation shall first
be secured”; and

Wuereas, The Handbook thereby gives to a non-member con-
gregation the right to refuse consent for such meeting and the right
to have its refusal respected.by the synodical officials, a right which
it seemingly withholds from member congregations; and

Wuereas, To withhold such right from member congregations
is clearly an invasion of the rights of a congregation to control its
own internal affairs, can hardly be reconciled with the principles
of mutual confidence and brotherly love, and might give rise to
serious abuse of the congregation’s inherent rights; and

Wuereas, One of the objects of Synod is “the protection of
pastors, teachers, and congregations in the performance of their -