LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — September 9, 1965, Page 1

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MINUTES 0F COMMTTTEE ON CONSTITIITTONAL MATTERS
Statler Hotel, St. Louis. September 9, 1965
The Committee on Constitutional Matters met briefly during the won hour in order to effect its
organization. The following were present: Messrs. Herbert Kuenne, Gerhardt Jersild; Pastors Elmer
Luessenhop, G. H. Sommermeyer, Herbert Mueller.
Mr. Herbert Kuenne was elected Chairman. Pastor Herbert Mueller win serve as Secretary ex officio.
It was decided to hold the first full scale meeting on September 30 - October 1 in Chicago, with October
18 - 19 as a second choice of dates. The Chairman stated that he would make work assignments prior to
that meeting.
Wiederaenders Opinion: The St. Louis Seminary Board of Control had asked Dr. Wiederaenders to
prepare an opinion an how binding the doctrinal resolutions of a Synodical convention are. Dr.
Wiederaenders submitted his brief to the Chairman who read it to the Committee. Some members of the
Committee felt that it would not be proper for the Committee to express itself at this stage and some also
felt that there was not sufficient time for study. Therefore no action was taken.
Texas District: A question from the President of the Texas District regarding the Machina case was also
reported to the Committee but again no action was taken.
Resolutions: The Secretary submitted a basic list of Detroit convention resolutions of direct significance
to the Committee on Constitutional Matters.
Herbert Mueller, Secretary

MINUTES OF COMMISSION ON CONSTITUTIONAL MATTERS
77 West Washington, Chicago, September 30-October 1, 1965
7. Pastor Elmer Luessenhop opened the meeting with prayer. All regular members were present. Vice
President Paul Streufert was excused. The minutes of September 9 stood approved as submitted. It was
suggested that the Secretary ask Dr. Birkner for the last two sets of minutes (May and June).
8. Wiederaenders' Opinion: Chairman Herbert Kuenne read the letter which he had written to Dr.
Wiederaenders following our last meeting. He will request copies of the brief for the members of the
Commission.
9. Texas District (Appeals): In 1964 the convention of the Texas District adopted the report of the District
Board of Appeals sustaining the District President's action in the Machina case. However, it remanded
another section of the report to the Board of Appeals with instructions to eliminate objectionable features.
The Board of Appeals has now filed another opinion, practically the same as the first, refusing to
eliminate the comments in question and insists that both of their opinions be published in the convention
manual. The District President has asked for an opinion: Must the report of the Board of Appeals be
printed? Must the convention take this matter up again? Chairman Kuenne will phone President
Heckmann in order to secure the exact language of the remanding resolution. In the meantime, however,
the Commission on Constitutional Matters adopted by formal motion the following as its opinion in
principle: