# LCMS Convention Proceedings_St. Louis Missouri_1950_S308
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

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3402 CONSTITUTIONAL MATTERS

duties and the maintenance of their rights” (Constitution, Art,
now, therefore, be it im;
Resolved, That the District President or the Visitor shalj
receive the formal consent of a congregation before enteyi,, ;
for an official visit or investigation; and be it furthermore a
Resolved, That Section 3.43 of the Handbook be amended
read as follows: “The District Presidency may arrange for ‘o
investigation when any controversy arises between two or mone
congregations in his District. He shall ask for a report on the
cases of both contesting parties in order that by such a Teport
he may be enabled to have a clearer conception of the real
situation. If the District President authorizes anyone to represent

him in such matters, his representative shall be accorded the same -

rights. In case of a controversy within a congregation the District

* President shall first receive through the God-appointed bishop

of the congregation the formal request of the congregation for such
investigation. A congregation shall have the right to refuse to
grant such consent, and the officials shall respect such refusal,
However, in refusing such consent the congregation shall earnestly
consider that it does not act arbitrarily, does not suppress the rights
of a minority or an individual within the congregation, but in every

respect acts in accordance with the principles of brotherly love

and Christian charity”; and be it further

Resolved, That the words in Section 3.65, “Even if he has not
been invited,” be stricken and that the following be inserted in
their place: “provided the consent of such congregation has first
been secured through the God-appointed bishop of the congrega-
tion. A congregation shall have the right to refuse to grant such
consent, and the officials shall respect such refusal. However, in
refusing such consent, the congregation shall earnestly consider
that it does not act arbitrarily, does not suppress the rights of
a minority or an individual within the congregation, but in every
respect acts in accordance with the principles of brotherly love and
Christian charity”; and be it further

Resolved, That the congregation request that this overture be
printed in the Boox or Memortats for the 1950 convention.

Trintry LUTHERAN CHURCH
Oak Park, Itt.
E. L. Krerr, Secretary

CONSTITUTIONAL MATTERS 403

: (mend Sections 3.43, 3.65 and 3.67 of the Synodical

“Handbook”

Waereas, “Every association, relationship, and constitution of

waiang must be brotherly if it would be Christian. As soon as
a false paternalism, priesthood, or mastery, be it spiritual or

Jdly, wants to rule alone, then there is already a new papacy.
Then protherly 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 endure
that men would rule over our conscience or our congregations, but
only God through His Word” (“Discussion of Two Lutherans on
Church Government,” in Lutheraner, Vol. III, 1847, p. 125); and

Wurreas, “Synod is a free Christian assembly, a mere ad-
yisory body, which according to its best judgment gives such
counsels to the congregations, as tend to their best interest... .
Such counsels as concern the internal affairs of a congregation are
not in force until the congregation, after previous deliberation,
yoluntarily adopts them. . . . But when a congregation does not
consider a resolution suitable for its own circumstances and does
not adopt it... that remains a matter of their conscience” (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 investiga-
tion, even without formal request therefor, when any controversy
arises in a congregation or between two or more congregations in
his District. He shall ask for a report on the case of both contest-
ing parties in order that by such a report he may be enabled to
have a clearer conception of the real situation. If the District
President authorizes anyone to represent him in such matters, his
representative shall be accorded the same rights”; and

Wuereas, 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 person
designated by the President may exercise autocratic power to
order or call a meeting without the formal consent of that con-
gregation 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