# LCMS Convention Proceedings_St. Louis Missouri_1944_S356
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

856 Appeal Matters

.  Wuenreas, The Board of Appeals on July 29, 1942, rendered:
opinion on the Owensville Appeal which ¢onflicts with the decisio
of the Schreck Committee now pending and awaiting action b
Synod; and
Wueneas, We contend that the Board of Appeals erred in pro-
cedure in that they based their decision on the By-Laws of Synod
_ p.52 (1937 ed.), Section E, paragraph 3, which paragraph does not
apply to the Owensville case, while’ p. 28: (1937 ed.), Art. VII, Sec-
tion D, paragraph 2, does apply; and
. Wuereas, We contend further that the Board of Appeals erred
in procedure by employing the term “advisory body” in Art. VII
of Synod’s Constitution as applying to provisions of the Constitu- *
tion and By-Laws which members of Synod by their signature have
pledged to respect, while, in fact, that Article employs the term
“advisory body” as applying to “resolutions of Synod”; ‘
Therefore the Western District respectfully requests:

1. That Synod, assembled in convention in Saginaw, Mich.,,
June 21—30, 1944, receive and examine the report of the Schreck
Committee; arid

2. That Synod, at said convention, decline to receive the opinion
of the Board of Appeals. If, however, the opinion of the Board of
Appeals be received by Synod, the Western District herewith ap-":
peals from said opinion.

Paut Koenie, President A. M. LoHMan

RupoieH Prance, Secretary Martin SENNE
Ewatp ScHUETTNER L. J. DIERKER

Concerning Memorial 904, Committee 20 C submitted the fol-
lowing report, covering also a memorial of Zion Lutheran Church
of Owensville, Mo.: ; :

To your Committee was assigned the task of recommending -:
to your honorable body appropriate .action on the appeal of the »:
Western District of the so-called Owensville, Mo., case. This:
appeal is printed on page 343 of Reports and Memorials. ,

The Committee finds the following:

Sometime before 1936 a controversy arose in Zion Congregation. .
of Owensville, Mo., dealing with the excommunication of a member .
of that congregation. We shall not here detail the facts. In view
of our recommendations, a review of the facts is immaterial. Suffice
it to say that after much negotiation between the authorities of .
this church, which was a duly constituted member of the Western
District, and said District; the latter District in June, 1940, in its
regular convention adopted a resolution expelling Zion Congrega-

tion and its pastor, the Rev. Paul. Melcher, from membership in
this District.

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