LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — undated, Page 12

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324. Request for Minutes: Vice President George Wittmer has suggested that minutes be forwarded to
him. No action was taken, but a general discussion ensued on the relationship of the Commission to the
administrative structure.
325. Articles of Incorporation: Secretary Mueller reported that legal counsel had encountered difficulty in
the Circuit Court of the City of St. Louis in seeking to amend the articles of incorporation. Secretary
Mueller was compelled to appear before the Court to give testimony. By that time a different fudge had
been assigned to the. case and this fudge readily consented to the amendment.
326. Minnesota South Opinion: The Commission formally ratified the opinion formulated by the
chairman under date of June 24, 1965 for the Minnesota South District and forwarded to President
Stahlke.
327. Ontario District: The Board also formally approved the opinion rendered by Secretary Mueller in
answer to a question raised by President Fiess whether the restriction as to who could forward memorials
to a convention now applies also to a District convention. The Secretary had answered in the affirmative.
328. Minnesota South Board of Appeals: This board had addressed the question of whether an appeals
case is to follow the regulations in force when the case was initiated or whether it is now to follow the
new regulations. The Commission ratified the opinion prepared by Chairman Kuenne under date of
January 18, 1966.
322. Western District Election Resolution: Western District President Kurt Biel had inquired whether a
resolution of the District convention governing nominating procedures for President is constitutional.
Chairman Kuenne had sent a tentative opinion indicating unconstitutionality. However, there was
disagreement among the Commission members on this point. In the meantime, it had been reported to the
chairman that the question is no longer a burning issue in the District. In view of that fact, the
Commission decided to table action on the opinion prepared by the chairman, to notify President Biel of
this fact, and to inform him that consequently the opinion is withdrawn and is not to be used.
330. Fuerbringer Retirement: The Board of Control of Concordia Seminary, St. Louis, had asked about a
year ago for a ruling as to when it would be necessary for President Fuerbringer to retire. The
Commission members were of the opinion that a decision had been made on this question but apparently
the answer had never been sent to the seminary. Further checking will be done.
331. Northern Illinois District Mission Congregations: Several members reported that they had received a
proposed model constitution for mission congregations from Mission Secretary Schuth of the Northern
Illinois District with a request for comment. No action was taken, since it was felt that only personal
reactions had been requested.
332. Retirement Provisions Not Applicable to President: The Detroit convention had referred to the Board
of Directors a resolution concerning mandatory retirement. The Board had given formal approval to the
resolution and to its implementation. But the Board requested the Commission on Constitutional Matters
to rule whether these regulations apply also to the President and to the Vice-Presidents. The Commission
resolved that the regulations do not apply, since the resolution speaks only of non-elective personnel and
since another resolution which had sought to impose retirement age limitations on the offices of President,
Vice-Presidents, Secretary, and Treasurer was defeated at the convention.
333. Social Action: The chairman reported that he had received from Dr. Caemmerer a proposed
resolution asking Synod to exclude congregations which have constitution articles reflecting racial