LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — September 21-22, 1973, Page 2

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question was raised whether the CCM should really rule on whether or not the procedures followed had
been proper. Attorney Duesenberg stated that he was present on the assumption that the request had been
properly submitted. Dr. Tietjen made a point of the fact that the letter containing charges was not
addressed to him but to the Board of Control.
349. Further General Discussion: At 4:15 it was suggested that perhaps both sides could profit at this
point from an exchange. Dr. Tietjen suggested that the Commission might rule on what constitutes the
fulfillment of the provisions of the bylaw and Sommermeyer added: "also on what does not constitute
fulfillment of the bylaw." Chairman Otto was asked whether he had inquired of legal counsel Phil
Draheim whether the Board had fulfilled the requirements of the bylaw. Otto replied that in his estimation
Draheim was of the opinion that the requirements had been fulfilled. He was not at all certain that the
third question belonged to the CCM but if not, they were looking to the Commission to put it elsewhere.
Attorney Duesenberg was questioned about his letter to the presidents, criticizing the Commission for
"swiftly" taking action with reference to the question of whether the seminary president is a member of
the Board of Control. Some time was devoted to the discussion of the "hearings" problem. Dr. Tietjen felt
that in many instances the Commission should deliberately ask for appearances of people holding
opposing viewpoints on a certain question but admitted that it was not always easy to determine which
questions should be so treated. In this particular instance he felt that he should have had an occasion to
appear before the Commission because he maintained that he is to attend all meetings of the Board since
he is the Executive Officer of the Board and the bylaw states that he shall attend all meetings. It was
pointed out once or twice that the bylaw adds "in an advisory capacity." At 4:30 the guests were
dismissed with thanks.
350. Reconvening: At 5:00 the Commission reconvened for a discussion of what it had heard. It was
finally suggested that Freise and Mueller try their hand at drafting something for consideration later in the
evening. However, since Mueller's wife was taken ill he begged to be excused and the general feeling was
that everyone would attempt to put some thoughts on paper for the following morning.
351. Discussion and Drafting: On the following morning Herb Freise presented a handwritten draft. This
was studied together with the earlier opinion which Mueller had circulated in response to Dr. Preus'
request which in essence had anticipated the first two questions contained in the Statement of Facts.
Throughout the greater part of the day much attention was given to the issues themselves and to the
drafting of the Commission's reply. One statement which attracted much discussion finally resulted in the
adoption of the wording: "that the procedural requirements of Bylaw 6.79 may not have been adequately
fulfilled." In the end the entire document as attached to the minutes was adopted. A prayer of
thanksgiving was requested and was then offered by Chairman Luessenhop. It was agreed that the reply
would be sent to the Board of Control, care of Chairman Ewald Otto, that they should be encouraged to
release it to the synodical PR department. The Secretary was asked to alert the PR Director as soon as the
material had been released. If the material was not released by the Board of Control within a reasonable
time, the Secretary was authorized to release it to the church body.
352. Handbook: The Commission approved the Foreword to the Handbook and the manuscript pages
containing changes over the 1971 edition. One additional change was made. In Bylaw 15.43 the wording
was changed to "five members" and "five other members" to replace the terminology of "half the
members." The list of changes:
Articles of Incorporation
Article I, c.
Articles of Incorporation
Article I, d.
Articles of Incorporation,

"500 North Broadway, St. Louis,
Missouri.*"
substitute the name: "John Schuelke.*"
"*As amended, in accordance with law,