Collection › LCMS Convention Proceedings (St. Louis, Missouri) › 1911 · 28th Convention, St. Louis, Nummer 1 › Page 110

LCMS Convention Proceedings St. Louis, Missouri — 1911, Page 110

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— 110 —

only of holding the title to such real estate as may be prescribed by
law for church edifices, parsonages, and cemeteries."

Die Ehrw. Allgemeine Synode iſt aber eine rein religiöſe Ver⸗
bindung, folglich iſt ſie als ſolche auf alle Zeit durch dieſen Paragraphen
der Konſtitution des Staates Miſſouri von dieſem Staat als eine ge⸗
ſetzliche Korporation ausgeſchloſſen.

Die Mitglieder des Milwaukee⸗Komitees erlauben ſich, die Auf⸗
merkſamkeit einer Ehrw. Synode ganz beſonders auf das Gutachten der
drei Rechtsanwälte des St. Louis⸗Komitees zu lenken zum Beweis, daß
die Herren bei der Unterſuchung zu demſelben Reſultat gekommen ſind
wie die Mitglieder des Milwaukee⸗Komitees.

Richter Ferris, Anwalt des St. Louis⸗Komitees, ſchreibt in ſeinem
Gutachten zu Article 2, Section 8 der Miſſouri⸗Staatskonſtitution das
Folgende:

"It follows from this constitutional limitation that a religious
corporation cannot be organized in Missouri for any purpose other
than to hold title to church buildings and cemeteries.

"If, therefore, the incorporated synod is a religious corporation,
its charter is invalid, because it does not come within the constitu-
tional exception, that is, was not incorporated for the sole purpose
of holding title to church edifices, parsonages, and cemeteries. . . ."

Die Rechtsanwälte des St. Louis⸗Komitees, die Herren Rowell und
Zumbalen, ſchreiben in ihrem Gutachten, wie folgt:

"We come now to the vital question, Is the German Evangelical
Lutheran Synod of Missouri, Ohio, and other States a religious cor-
poration? If it is, its incorporation is absolutely prohibited by the
constitution of Missouri, and it may be ousted from the franchise
granted to it by the Circuit Court of the City of St. Louis, when-
ever the Attorney General of the State of Missouri sees fit to pro-
ceed against it, as he is authorized to do by Sec. 1407, Rev. Stat. Mo.,
1899. . . .

"After the most careful consideration we have been able to give
the question, we have reached the conclusion that the objects of the
Synod, as stated in the present charter, are purely for religious
purpose, and that the Synod as incorporated is therefore a religious
corporation, such as is prohibited by the constitution."

Dann beſteht aber im Staate Miſſouri kein Geſetz, welches organi⸗
ſierten Gemeinden oder freiwilligen Gemeindevereinigungen erlaubt,
ſich zu einer großen Vereinigung zuſammenzutun. Deshalb hat die
inkorporierte Synode nie zu Recht beſtanden.

Zu dieſem Punkt ſchreibt Richter Ferris, Rechtsanwalt des
St. Louis⸗Komitees, in ſeinem Gutachten:

"It is true that corporations cannot get together and incorporate
themselves as a new corporation. An attempt to do this would be
vain and useless. . . . If such an attempt were made, the court would
not have entertained the application. . . ."

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— 110 —

"only of holding the title to such real estate as may be prescribed by
law for church edifices, parsonages, and cemeteries."

The Reverend General Synod, however, is a purely religious
association, and consequently, as such, it is for all time excluded by
this section of the constitution of the State of Missouri from being a
lawful corporation in that state.

The members of the Milwaukee committee venture to draw the Reverend
Synod's attention, quite particularly, to the opinion of the three
attorneys of the St. Louis committee, as proof that these gentlemen,
in their investigation, arrived at the same conclusion as the members
of the Milwaukee committee.

Judge Ferris, attorney for the St. Louis committee, writes the
following in his opinion on Article 2, Section 8, of the Missouri
state constitution:

"It follows from this constitutional limitation that a religious
corporation cannot be organized in Missouri for any purpose other
than to hold title to church buildings and cemeteries.

"If, therefore, the incorporated synod is a religious corporation,
its charter is invalid, because it does not come within the constitu-
tional exception, that is, was not incorporated for the sole purpose
of holding title to church edifices, parsonages, and cemeteries. . . ."

The attorneys of the St. Louis committee, Messrs. Rowell and
Zumbalen, write as follows in their opinion:

"We come now to the vital question, Is the German Evangelical
Lutheran Synod of Missouri, Ohio, and other States a religious cor-
poration? If it is, its incorporation is absolutely prohibited by the
constitution of Missouri, and it may be ousted from the franchise
granted to it by the Circuit Court of the City of St. Louis, when-
ever the Attorney General of the State of Missouri sees fit to pro-
ceed against it, as he is authorized to do by Sec. 1407, Rev. Stat. Mo.,
1899. . . .

"After the most careful consideration we have been able to give
the question, we have reached the conclusion that the objects of the
Synod, as stated in the present charter, are purely for religious
purpose, and that the Synod as incorporated is therefore a religious
corporation, such as is prohibited by the constitution."

But then there exists no law in the State of Missouri that allows
organized congregations, or voluntary associations of congregations,
to join together into one large union. The incorporated Synod has
therefore never rightfully existed.

On this point, Judge Ferris, attorney for the St. Louis committee,
writes in his opinion:

"It is true that corporations cannot get together and incorporate
themselves as a new corporation. An attempt to do this would be
vain and useless. . . . If such an attempt were made, the court would
not have entertained the application. . . ."