# LCMS Convention Proceedings_St. Louis Missouri_1932_S117 # Machine transcription, uncorrected — CHI Digital Archive (demonstration) 160 Proceedings of Thirty-Fifth Regular Convention, 7. Should Synod decide that this office is constitutional, it is ex. pected that the above points be cleared up in a convincing manner, Under IT of this memorial nineteen questions were submitted re- garding the office of the District School Superintendent. Regarding this memorial, Committee 15 brought in the following resolutions : — Whereas, According to the Constitution of the Synod (Art. XII, 2) “each District is at liberty to adopt such by-laws and pass such reso- lutions as it deems expedient for its conditions, provided that such by- laws and resolutions do not conflict with the Constitution and By-laws of the Synod”: and Wuergas, According to the Constitution of the Synod (Art. XII, 12) “the Districts are independent in the administration of affairs which: concern their District only’; and Wuereas, The calling of a District School Superintendent is clearly a matter concerning the District only and does not conflict with the Constitution and By-laws of Synod; therefore be it Resolved, That-in the opinion of the Synod the office of a District School Superintendent may be created and regulated by the individual District according to its needs and wishes. Wuereas, Overture 204 questions the constitutionality of the office of the District School Superintendent; and Wuereas, The Synod has a standing Committee on Constitutional Matters to which any overtures made to the Synod asking for changes of, or amendments to, the Constitution and By-laws of the Synod or its rules and regulations shall be submitted in order that this com- mittee may examine them (contents and language) as to their con- stitutionality or their agreement or disagreement with existing rules and regulations (Synod. Handbook, p. 99, 2); therefore be it Resolved, That our standing Committee on Constitutional Matters be instructed to study the question of the constitutionality of the office of District School Superintendent and to transmit their findings to the brethren of the Eastern Conference of the North Wisconsin District. This resolution was adopted by Synod. Establishing the True Meaning of Article VII of Synod’s Constitution. (Memorial 402.) Article VII of the Constitution of the Missouri Synod reads: — “Tn its relation to its members the Synod is not an ecclesiastical government exercising legislative or coersive powers, and with respect to the individual congregation’s right of self-government it is but an advisory body. Accordingly, no resolution of the Synod imposing anything upon the individual congregation is of binding force if it is not in accordance with the Word of God or if it appears to be inexpedient as far as the condition of a congregation is concerned.” Kv. Luth. Synod of Missouri, Ohio, and Other States. 1932. 161 Wuereas, There seems to be a difference of opinion regarding the true interpretation of Article VII of the Constitution of the Mis- gsouri Synod, especially in reference to the meaning and scope of the term “advisory body,” the term being taken by some in the absolute sense, to wit, that each resolution of the Synod becomes valid only after the formal ratification on the part of the individual congrega- tion, while others interpret the term in a relative sense; and Wuereas, Such difference of opinion tends to be detrimental to the work of our Synod, hindering especially sufficient contributions and cooperation for this work; therefore be it Resolved, That the Central Conference of Northern Nebraska herewith petition Synod, in session assembled at Milwaukee, Wis., in June, 1932: — 1. To give expression to its attitude towards the true interpreta- tion of said Article VII of the constitution and to state if it con- siders the interpretation as expressed in the Proceedings of the Northern Nebraska District of 1930 to be the true and correct one. This interpretation is in substance as follows: — A. That “the Synod is not an ecclesiastical government exer- cising legislative or coercive powers” means that the Synod is not an extraneous body having authority to make laws and rules without the consent of the congregations which the latter are in conscience bound to obey; B. That “with respect to the individual congregation’s right of self-government it is but an advisory body” means that in all matters concerning the congregation itself only, with the exception of pure doctrine and true Scriptural Lutheran practise, the Synod may advise only, either voluntarily or upon request, and all resolutions of the Synod are considered advisory only if pertaining to such matters; C. That all other resolutions of the Synod pertaining to the proper work and objects of the same are of binding force upon the congregations, unless they are 1. not in accordance with the Word of God, 2. inexpedient as far as the conditions of the congregations are concerned means that, inasmuch as the congregations have: joined hands to carry on the work referred to in these resolutions and these resolutions are passed by the representatives of the congregations, elected by them and assembled for the very purpose of passing these and similar resolutions, therefore the congregations are in duty bound to carry them out to the best of their ability and that the Christian liberty of the Church and every individual congregation is safe- guarded by the exceptions herein set forth; 2. To cause a brief interpretation of Article VII of the con- stitution to be written. Tue Committee: O. E. Scuiecat. M. June. J. Hotsre.