# LCMS Convention Proceedings_St. Louis Missouri_1941_S274
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

274 Constitutional Matters

Board of Appeals and the District itself, have acted, and an appeal
is made to Synod, the matter shall immediately and automatically
be referred by the President of Synod to Synod’s Board of Appeals,
which is to review the action of the District and its officials, render
a decision, and report its findings to the appellant and to Synod.

e. A majority decision shall be binding except in cases of ex- ©
communication, when unanimity is required as far as the judgment
is concerned, while there may be disagreement as to procedure.

f. When the Board of Appeals of Synod has acted and an ap-
peal is made to Synod in convention assembled, a committee of
review consisting of two pastors, two laymen and one teacher,
elected by Synod, shall determine whether error has been made in
the procedure of the Board of Appeals or new evidence has been
produced. In either case the matter shall be remanded to the Board
of Appeals for a new hearing. If this is not the case, Synod shall
confirm the findings of the Board of Appeals. This action shall be
final and no further appeal shall be entertained by Synod.

: Inter-District Controversies ;

7. Whenever a congregation of one District enters complaint
against a congregation of another District, the President of the Dis-
trict in which the complaint originated shall investigate the case
and report his findings to the President of the other District in
order that he, too, may investigate the case in the congregation in
his District. If the District Presidents, together with the respective
congregations, cannot settle the case, the District President of the
congregation which has entered complaint shall refer the case to
the President of Synod.

Pleadings on Appeal

8. Every appellant shall at the time of taking an appeal pro-
vide the appellee with a written copy of his appeal. The appeal shall
be sent to the President of Synod or to the respective District Presi-
dent, who shall forward it to the Board of Appeals in order to
initiate the proper procedure. All pleadings shall be in writing, and
a copy shall be furnished the appellee and the Board of Appeals.
This does not exclude personal appearance and oral presentation.

Circularization
9. While an appeal is pending, neither the appellant nor the
appellee shall circularize the members of the District or Synod.
The party violating this rule shall thereby forfeit his rights.

Rules Governing Boards of Appeals
10. The Board of Appeals shall be governed in its acts and
judgments in accord with Christian principles, by the. generally
accepted rules of justice.