# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_December 5 6 1968_S4
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

procedures prescribed in 6.83 and 5.31 must be carried out. When this has been done the accused has
recourse to the Board of Appeals procedure set forth in 5.23 a 1. The Commission added its opinion that
in view of 5.23 the following clarifying statement should be added to Bylaw 6.83: " . . . with the
provision, however, that in the case of an appeal, this appeal shall be submitted to the synodical Board of
Appeals instead of the District Board of Appeals." The Commission thereupon resolved also to
memorialize the Denver convention to make this addition to Bylaw 6.83. (Note change, 187 & 193)
185. Trinity, New Haven: Much time was spent on the Trinity, New Haven question. The Commission
heard a detailed report of the meeting of its representatives with representatives of the Board of Appeals.
Luessenhop dictated changes in the notes which he had supplied. The Secretary had submitted a
suggested revision and amplification of the opinion adopted tentatively at the September meeting of the
Commission. This revision was in turn carefully reviewed and revised. The final draft is attached to the
minutes. The opinion itself contains four parts: I. Re-affirmation of Opinion of June 14, 1968; II. Resume
of Similar Opinions Bearing on the Case at Hand; III. Constitutional Implications of the Congregation's
Actions; IV. Conclusion. The Conclusion reads: "With Trinity Lutheran Congregation of New Haven,
Missouri the question has long since ceased to be one of expulsion. By continuing to retain its present
pastor Trinity has forfeited its membership in the Synod. The synodical President may therefore order its
name to be removed from the roster of member congregations." It was decided to send this opinion to Dr.
Harms with a covering letter containing the suggestion that if he so desired he might make another
approach to the congregation along the lines suggested by the Commission and also offering the
recommendation that Dr. Harms set a time limit for the congregation to take the necessary remedial
action. The Secretary was asked to draft this letter on the basis of a document that he had already
developed in connection with the proposed revision of the opinion, and to circulate it among the members
for reaction. It was to be clearly understood that the covering letter would not be part of the opinion itself
and that the suggestions offered therein would be subject to Dr. Harms' own personal evaluation and
decision. (Note change, 188)

Herbert Mueller, Secretary.

MINUTES OF MEETING OF COMMISSION ON CONSTITUTIONAL MATTERS
Chicago, Illinois, February 13-14, 1969
186. The chair called upon Dr. Paul Streufert to open the meeting with prayer at 9:30. The minutes of
December 5-6, 1968 were approved as submitted.
187. Ratification, Opinion on Charges of False Teaching (Minutes, 184): The Commission ratified the
following change in the opinion adopted in the previous meeting with reference to the steps to be
followed in charging an instructor with false teaching. The clarifying statement which the Commission
will ask the Denver convention to add to Bylaw 6.83 will read, instead of the wording originally adopted:
"with the provision, however, that in the event of a suspension, the case shall be submitted to the
synodical Board of Appeals instead of the District Board of Appeals."
188. Ratification, New Haven Opinion (Minutes, 185): Since the opinion on the Trinity, New Haven
issue, adopted in the previous meeting, was considerably revised as a result of correspondence and
telephone consultation among the members of the Commission, the Commission formally ratified the
final draft as it was presented to President Harms on January 28. A copy of this final draft is attached to
the Minutes. (see Minutes 237)