LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — February 18-19, 1971, Page 2

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311. Binding Nature of Synodical Resolutions (Ag. 225): The basic opinion on this matter had been
adopted by the Commission at the previous meeting. The Commission now resolved to take no further
action at this time (see also Ag. 219 and 219A).
312. Procedure for Electing President and First Vice President (Ag 245) Dr. Streufert presented the latest
draft of the ad hoc committee and also reported on reactions of the Council of Presidents. The
Commission seemed to feel that the right of the assembly to amend the slate of five candidates should be
safeguarded by spelling out in detail that the slate could be altered by amendments duly made, seconded,
and carried. It also questioned the advisability of compelling candidates to indicate in writing their willingness to serve, especially in view of the fact that candidates for First Vice President might wish to
decide that question on the basis of who is elected President. It was also felt that some provision should
be made for substituting an additional name on the First Vice Presidential slate.
303a. The next day the secretary made the following report: the Counselor stated (1) that the pastor
declared elected by the CCM had been registered for the convention, (2) that most people in the circuit
seemed to accept the ruling of the commission, and (3) that he was rather surprised that a request for a
different ruling had been made.
313. Replacement for Polzin (Ag. 233): It was reported that Jay Pfotenhauer had declined appointment to
fill the unexpired term of Frederick Polzin who was compelled to resign from the Commission since he
had now joined a Wisconsin Synod congregation. After discussing various names the Commission
resolved to recommend Herbert Freise of Walla Walla, Washington to Dr. Preus as a possible
replacement, and to suggest that the qualifications of Mr. Elmore Boeger of the Northern Illinois District
be investigated if Freise should be unacceptable or unavailable.
314. Doctrinal Review (Ag. 4 & 4A): The Commission gave considerable study to the proposed bylaws
prepared by the Board of Doctrinal Review. It suggested that these bylaws form a separate section and be
given the bylaw numbers 11.121 ff. It was decided to recommend to the floor committee to insert in
bylaw 11.125 the words: " . . . in consultation with the Vice Presidents," in connection with the
appointment of reviewers. The Commission then resolved that it found nothing contrary to the
Constitution in the proposed bylaws.
315. Adjudication Procedures (Ag. 22): Kuenne gave a brief rundown on the proposed commissions of
adjudication being considered at this time by the ad hoc committee on the "final and binding nature of
Board of Appeals decisions." The members of the Commission seemed to favor regional commissions
over District commissions as well as the removal of jurisdiction over original cases from the synodical
Board of Appeals.
316. Limitation on District Offices (Ag. 190): It was decided to call to the attention of President Martin
Frincke of the Eastern District Detroit Resolution 4-06 which has a bearing on a ruling which he had
requested from the Commission about two years ago on limiting District terms of offices.
317. Election of Delegates (Ag. 208): It was agreed by common consent to hold in abeyance any further
study of the procedures for electing delegates to see whether the Milwaukee convention develops any
further difficulties.
318. Layman's Right of Appeal (Ag. 229): It was agreed by common consent to inform President Niedner
of the Nebraska District that the "how" of a layman's appeal in an excommunication case is set forth in
Bylaw 5.33 and Bylaw 5.21 b.