# LCMS Convention Proceedings_St. Louis Missouri_1938_S203
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

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Constitutional Matters 2038

In a.new edition of the Handbook the editor or editors should
be given more liberty to eliminate antiquated rules that have never
been rescinded by Synod and sometimes even are in conflict with
each other. A thorough revision of the Handbook seems to be in
place even though the last edition was published not long ago.

Dr. John H.C. Fritz, a member of the Committee on Constitu-
tional Matters, was unable to consider these overtures with us on
account of his absence from our country.

L. FUERBRINGER JNo. W. Borune, Sr.

As to Procedure in case of Appeals, Committee 9 submitted
the following resolutions:

Resolved:

1. That in all cases of excommunication and in all cases of
dispute between a congregation and any of its members the decision
of the synodical District ordinarily be final and that the Delegate
Synod refuse to entertain an appeal in such cases.

2. That the Delegate Synod restrict itself to two classes of
appeals: (1) cases in which an appeal is made from the decision
of synodical officials or boards; (2) cases in which an appeal is
made. from a decision of. a District which had original, and not
appellate, jurisdiction in this case.

3. That the Delegate Synod consider its decision final and
not subject to review and that thereupon all petitions for a rehear-
ing be denied. Should an appeal, however, be based upon events
or actions that have occurred after the decision of the Delegate
Synod, such appeal shall be considered a new appeal and not
a petition. for a rehearing. Such an appeal shall be entertained
if otherwise within these regulations; but the hearing and the
decision thereon shall be restricted to the new matter contained
in the appeal.

4. A Board of Appeals shall be appointed by the President
of Synod in conjunction with the Vice-Presidents, said Board to
consist of one Vice-President and four District Presidents. This
Board shall receive all appeals at least three months before any
convention of the Delegate Synod and shall determine which of
the appeals shall, pursuant to the above regulations, be entertained
by the Delegate Synod.

If a case has originated in the District of one of the District
Presidents on this Board, said President shall not serve on the
case, but a substitute shall be appointed by the President.

The decisions of this Board shall be final.

5. Whenever this Board is not unanimous, it shall order the
appeal to be entertained. The decision of such Board shall be