LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — September 30-October 1, 1965, Page 1

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The action of the convention of the Texas District in remanding part of the decision in the
so-called Machina case to the District Board of Appeals with definite and specific instructions is
final and binding upon the Board of Appeals. It has no other course but to follow the directions of
the convention. Neither the District officials nor the convention are required to entertain any
further report from the Board of Appeals in this matter until the instructions of the convention have
been followed. The action of the 1964 District convention in effect expunges from the record said
section of the original report of the Board of Appeals to which exception was taken by the
convention.
10. Teachers Elected as Laymen: The Commission agreed with the opinion given by Kuenne at the
convention that teachers could not be elected to boards and committees as laymen and that District
Presidents have the responsibility of keeping the clergy and teacher lists clean.
11. Minnesota Questions Re. Pfotenhauer Case: President Stahlke of the Minnesota District has
suspended Pastor C. Donald Pfotenhauer. The District Board of Appeals has sustained the President.
However, the congregation has decided to reinstate Pfotenhauer at least until he has been expelled. The
District President asks two questions of the Commission:
1.

Does the District President have the right to suspend the congregation under the
circumstances?

2.

If the congregation espouses-the same views as does Pastor Pfotenhauer, does the District
President then have the right to suspend the congregation?

The Commission agreed on the following answers:
1.

The congregation cannot be suspended as long as its pastor has merely been suspended and
not as yet expelled. If and when he is expelled, the congregation is held to depose him.

2.

If, however, the congregation espouses the same views as does its suspended pastor, it, too,
may be suspended until the District convention takes action.

12. Scharlemann Appeal: A group of five pastors has appealed the Board for Higher Education ruling
with respect to the Scharlemann case. These five pastors wish to address their appeal to the Board of
Appeals of Synod instead of the convention. President Harms has inquired whether the appeal can go to
the Board of Appeals or whether it must go to the convention. By telephone Kuenne secured the approval
of the individual members of the Commission to a letter of reply which he had drafted to the effect that
the word "Synod" in Handbook paragraph 2.13 means the convention and cannot mean the Board of
Appeals, and that the course of these five pastors must be to try to persuade the 1965 convention to
rescind the 1962 resolution with respect to Scharlemann. The Commission on Constitutional Matters
formally ratified the letter with the opinion expressed therein.
13. Wolbrecht - Kuhlmann Request: Dr. Wolbrecht has informed the Commission that he and Mr.
Kuhlmann would like to appear before the Commission to make suggestions regarding the revised
Handbook. The Commission agreed to meet in St. Louis to make such an appearance possible and
suggested that Dr. Wolbrecht and Mr. Kuhlmann transmit their suggestions in writing prior to the meeting
so that they can be studied.
14. Budget: The Chairman called attention to the fact that the budget appropriation will not cover the
Commission's expenses this year. He will write to the Board of Directors asking for more funds.