LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — April 23-24, 1970, Page 6

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Synod concerning fraternal organizations. In the discussion it was pointed out that the Denver convention
had called into being an ad hoc committee to study the whole lodge problem and to make
recommendations to the next convention. The Commission came to the following conclusion: "We hold
that the Atlantic District statement is not completely in harmony with Chapter XIV of the Handbook. We
therefore suggest that the Atlantic District officials be requested to withdraw this statement pending the
Synod's action on the recommendation of the special ad hoc committee created by the Denver convention
to study the lodge problem in greater depth" (Ag. 110).
152. Nomination and Election of Counselors: The Secretary had received specific requests for guidance
from three District secretaries: Walter Fisher of Northern Illinois, Paul Mueller of North Wisconsin,
Victor Marxhausen of Minnesota South. He had sent a reply to Pastor Fisher listing seven guidelines for
the procedure. These are attached to the minutes (Ag. 112.) The Secretary had replied to the North
Wisconsin request that if two candidates are tied but one is called out of the District, it would be
necessary to send another ballot to the congregations listing the first and third highest names only if the
first man had failed to receive a majority. Furthermore, if a man nominated proves to be anti-synod and
will not have fellowship with the other men in the circuit, three avenues of procedure were suggested by
the Secretary: A petition supported by the majority of the congregations of the circuit requesting another
election; an amendment at the convention to substitute another name; an honorable declination of
nomination on the part of the nominee (Ag. 114). The Secretary had indicated approval to Marxhausen's
suggestion that all three names be placed on the convention ballot when as a result of the balloting one
man still failed to secure a majority and there was a tie between the second and third man (Ag. 129). The
Commission gave formal approval to all three replies sent by the Secretary.
153. Removal from ballot: In answer to a question from the chairman of the Nominating Committee of
Southern Illinois, Reverend H. F. Peckmann, the Secretary had indicated that if a candidate for Counselor
states in writing that "he cannot serve" this is sufficient to remove his name from the ballot without any
further action. The Commission gave approval to this reply (Ag. 139).
154. Denver Resolution 4-37: Reverend Waldo Werning had asked whether Resolution 4-37, which had
been referred to the Council of Administrators by the convention, was binding upon the Districts at this
time. It was decided to hold this item on the agenda (Ag. 115).
155. In Statu Confessionis: Shortly before the close of the meeting the Commission on Theology and
Church Relations delivered its definition of this expression. It was decided to hold over for the time being
the question of eligibility for a District presidency on the part of someone subscribing to that definition
(Exhibit 87; see also Minutes 140).
156. Registration Procedures: By common consent the Commission approved the administrative
procedures for electing delegates prepared by the Secretary for the guidance of District Secretaries (no
agenda number).
157. Next Meeting: It was decided to change the schedule of the next meeting slightly to begin June 2 at
2:00 p.m. and to continue to the evening of June 3.
158. Treasurer and Annuities: Since Dr. Carpenter reported that there was no necessity to change the
Handbook with reference to these confusing paragraphs, the Commission decided to drop the matter from
its agenda (Ag. 3).
159. Division of Staff Services: Since the functions of other divisions are also not spelled out in the
Handbook, it was decided to drop this question from the Agenda (Ag. 1).