# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_March 15 16 1973_S4
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

247. Withholding of Funds (Ag. 396): The Secretary reported that President Ellis Nieting of the Iowa
West District had requested a copy of the 1966 opinion of the CCM on an overture requesting the Iowa
West District to withhold funds from the Synod.
248. Nieting Letter re Advisory Delegates (Ag. 351A): President Nieting had also sent another letter
taking exception to the commission's ruling with respect to certain advisory members having two or more
opportunities of being elected as advisory members of the convention. The secretary had informed him
that the CCM agreed with his view, but had felt that the language of the new Bylaw was not sufficiently
clear, and had therefore suggested that the Committee on Organization submit a better wording to New
Orleans.
249. Report to Council of Presidents (Ag. 415): The secretary reported on the items which he had
discussed at the most recent meeting of the District Presidents as listed on the agenda exhibit. The
reception had been extremely good.
250. Kansas Woman Suffrage Guidelines (Ag. 414): On Friday morning the Commission took up the
letter which the secretary had addressed to Rev. Walter Ostermaier, chairman of the Committee on
Constitutions of the Iowa District West, in which he had commented to the effect that the Kansas District
Guidelines for Woman Suffrage had gone beyond the guidelines drafted by the Commission. The
secretary's letter was ratified by the commission.
251. Suspension of Faculty Member (Ag. 388): President Karl Barth of the South Wisconsin District had
inquired already prior to the previous meeting whether there were two routes for dealing with a professor
charged with false doctrine. The commission concluded that there were indeed two routes, one involving
the responsibility of the District President as set forth in the Constitution, Article XII, 7 (ecclesiastical
supervision), and the other involving the Board of Control, the institutional president, etc. as set forth in
the bylaws (academic supervision). It is generally assumed that the academic route is pursued first,
although the District President according to the Constitution does have the authority to suspend and even
when the academic route is followed the suspension must be imposed by the District President.
252. BHE Interviews (Ag. 408): The Seward Board of Control through W. Theo. Janzow had asked for a
ruling on the propriety of the BHE's new policy stating that the chairman of the BHE or his representative
may demand an interview with persons being proposed for appointment to the theological department of a
faculty outside the seminaries. Dr. Ahlschwede supplied the commission with a copy of the policy
statement which reads: "Initial appointments to the theology and/or religion departments of the colleges
may require an interview by the chairman of the Board for Higher Education or his representative." On
the basis especially of Bylaw 6.53 a the commission ruled that the BHE does indeed have the right to
interview prespective faculty members before giving their "prior consent" to their appointment.
253. Congregations Demitting (Ag. 19 and 417): In connection with Luessenhop's assignment to draft
bylaws governing the procedures when congregations wish to demit, the Board took up the suggestions of
Attorney Robert Knauf of the Southern California District and also discussed this item somewhat with
Phil Draheim when he later appeared in the meeting. There was general agreement that additional bylaws
should indeed be drafted.
254. Adjudication Procedures (Ag. 280): Luessenhop and Mueller stated that the ad hoc committee was
recommending a rewrite of Bylaw 5.25. This proposed draft was read to the commission for information
purposes.
255. Ombudsman (Ag. 420): The secretary reported that Chairman Elmer Theis of the Board of Appeals
and he had been in touch with each other concerning the problems of giving guidance to District