# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_December 7 9 1979_S5
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

could very readily be solved by using the traditional guest membership privilege for visitors. The
Commission ratified the reply.
275. Statements Regarding LCMS Polity (Ag. 1394 A, B., C): In connection with. the Grace, River
Forest case, the Secretary had been asked to file an affidavit in behalf of the minority's action to the
effect that the Synod does have procedures for settling disputes. At issue was the question whether the
Synod had procedures for settling disputes, or whether that lay entirely within the province of a congregation. In other words, is the polity of The Lutheran Church-Missouri Synod strictly congregational or
are some responsibilities delegated to the larger body, which in that way becomes hierarchical, as this
term is presently misunderstood by the courts. It was necessary therefore for the Secretary to point out
that synodical polity differs from strict congregational polity and that therefore in those instances it
would need to be regarded, according to present court terminology, as having "hierarchical"
characteristics. This produced an affidavit from Martin Marty stating that the polity of The Lutheran
Church-Missouri Synod was strictly congregational. That in turn prompted the Secretary to dictate
comments detailing how congregations surrender certain aspects of their autonomy in joining a synod,
and specifically The Lutheran Church-Missouri Synod. The Commission resolved to ratify and endorse
both documents drafted by the Secretary.
276. Bylaws for St. Catharines Seminary (Ag. 1375): The Commission was reminded of the convention
resolution stating that the Commission on Constitutional Matters, in consultation with Canadian counsel,
is to draft Bylaws for the governance of St. Catharines seminary in Ontario.
277. Questions Re Seminary Faculty (Ag.1396): When this item came before the Commission, John Klotz
excused himself from the room and declined to make any comments. The record is to reflect this fact. Dr.
Walter J. Hoffmann of Olivette, Missouri had addressed five questions regarding the meaning and
make-up of a faculty as set forth in the Bylaws of the Synod and in the Concordia Seminary, St. Louis,
faculty handbook. The remaining members took up these questions but after discussion were still
uncertain as to what the issues really were. It was therefore resolved to write to Dr. Hoffmann and ask
whether he would object if we would forward a copy of his request to the president of the seminary and
ask for any information that he might be able to supply. The item is to be kept on the agenda.
278. Freise Recognition: Since retiring member and chairman Herbert Freise would not be able to be with
the Commission on the following day, some time was now devoted to express appreciation to him for the
many services which. he has rendered during the past ten years. He responded in kind.
279. The Sunday meeting of the Commission was held in the grand ballroom of the St. Francis Hotel until
the Commission was asked to vacate so that arrangements could be made for a large wedding reception.
Carl Eberhard chaired the meeting, with Don Prevallet, John Klotz, and Herbert Mueller also in
attendance.
280. Meeting Dates: It was resolved to set dates at least for the next two meetings: Friday, February 8 and
Saturday, February 9 - in St. Louis; Friday, May 2 and Saturday, May 3 - in St. Louis. Subsequently it
was learned that Klotz would not be able to be in attendance on the morning of February 8 and therefore
the session will begin first at 2:00 p.m. on February 8.
281. Proposed Handbook Changes (Ag. 1384, 1388): Following the previous meeting it became apparent
that several changes would be advisable in the new edition of the Handbook:
8.51 c -

second last sentence was changed to read "The Treasurer of the Synod shall be the fifth
lay member of the Board and the Treasurer of the Fund," to bring it into harmony with
the change which the CCM had already approved for the third line of Bylaw 8.51 c.