# LCMS Convention Proceedings_St. Louis Missouri_1944_S358
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

358 Appeal Matters _ 4

It must be remembered that a sense of both fairness and logic
will dictate that when a controversy has been submitted to a duly
constituted tribunal and that body renders a decision, that decisi
determines rights upon which the prevailing party may rely, and
on the other hand, it fixes the status by which the opposite party is

. bound. The situation thus. created is final unless there are laws or
rules which grant recourse before the Same or another tribuna
looking to a modification of the original decision. If this were not
so, there would be no end to controversies. :

Neither the President nor Synod ever abrogated the Schreck
Committee. Due faith and credit must be given to its decision.

We recognize, however, that when the Schreck Committee was
appointed, Synod itself was the supreme arbiter of all such con+
troversies, and it remains such now for the purpose of this case.
The above basis therefore compels the following alternative con-
clusions:: ' ,

A. Synod ought to accept the decision of the Schreck Com-.
mittee and determine that the case is closed; or

B. Synod will allow an appeal from the decision of the Schreck
Committee to still another committee created under its authority to
review the record made or evidence received in the Owensville’
case before the Schreck Committee for the earliest possible and

final determination. Proper notice should be given to the parties
concerned. The new committee or board must not be the Board
of Appeals, since this Board has already acted in the matter. What-
ever board or committee, comprehended under this subdivision,
does review this case should be clothed with such authority as to
make its decision final, thus ending the matter. The Committee ;
recommends adoption of Section B. ;

Memorandum:

The Committee feels impelled to recommend to the respective
parties to this controversy to meet again in Christian love and en-
deavor by the help of God to compose their differences and relieve:
Synod of acting further in this matter. ‘

ACTION

This report of Committee 20C was discussed on the floor -of
the convention, but the matter was referred to a special committee,
which reported as in the case of the appeal of the English District:
The matter was therefore referred back to the Board of Appea
to be reviewed de novo and that an adjudication be made as so
as possible. Members of the Board of Appeals who have acted. in
this case are to be disqualified in the further consideration of ‘the
same. Synod so resolved. Do