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LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — June 28-29, 1974, Page 8

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Source: LCMS Commission on Constitutional Matters minutes, file copy

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that if he would accept a call to serve the other two congregations which belong to other Lutheran church
bodies he would forfeit his membership in the Synod. Rev. Fred Pankow raised the question whether this
is a correct interpretation. The Commission ruled that a pastor could serve congregations of another
Lutheran church body as long as he carries out the requirements of Bylaws 4.03, 4.05, and 4.07. Even
though these bylaws speak of serving non-Lutheran congregations, it was felt that in all honesty the same
standards should apply also to serving non-Missouri Synod Lutheran congregations.
182. Congregational Property in Case of Schism (Ag 649, 649-A, 649-B): Legal counsel and the
synodical Secretary have come to the conclusion that it might be well for the Commission to begin to
study the question of the disposition of congregational property in case of schism within the Synod.
Especially a letter from Frank L. Schneider, Port Washington, New York, June 3, 1974 prompted this
concern. Two articles, one by fellow Lutheran Attorney Duesenberg, appearing in the Ohio and Yale Law
Reviews were shared by the Secretary, one with each attorney member of the Commission. These two
men will serve as a subcommittee to begin the study.
183. Matter of Selecting Advisory Delegates (Ag 650): Prof. Robert G. Hoerber of the St. Louis seminary
shared with the CCM a carbon copy of a letter which he had addressed to the presidium of the Missouri
District protesting the method used by the advisory members of the Missouri District in electing advisory
delegates to the Anaheim convention. As a result of that process several Seminex men were chosen but
not a single representative of the Concordia faculty. The Commission felt some concern as to whether it
was proper to subdivide the advisory members of the District in a Synod into various subgroups, as has
been done in the Missouri District. It was finally suggested that instead of sending a letter the Secretary
might by means of a telephone communication suggest to Prof. Hoerber that he might initiate somehow
an overture to the next convention to spell the procedures out more precisely to correct what he considers
a gross inequity. The CCM also decided to consider this matter once again in March, 1975.
184. Northwest District Articles of Incorporation and Bylaws (Ag. 571 & 571_-A): It was resolved to
approve these instruments with the following changes:
1.

The proposed Articles of Incorporation should state the objects by means of the following
model paragraph adopted by the CCM in 1966:
"The objects of this corporation shall be:
1.

To unify in a corporate body the congregations, pastors, and teachers who are
members of The Lutheran Church-Missouri Synod situated or residing within the
geographical bounds of the Northwest District, and

2.

To carry out within the geographical bounds of the Northwest District the objects of
The Lutheran Church-Missouri Synod as stated in the Articles of Incorporation of
said Synod."

2.

Bylaw 1.02 should make it plain that individuals and congregations do not join the District
but the Synod. Several editorial changes need to be made in Bylaw 1.02 A and B in order to
provide for this.

3.

Bylaw 2.14 B, 5 provides that the District "Committee on Constitutional Matters" shall also
"interpret the Constitution and Bylaws in cases of controversy." Since the Constitution of
the District is the Constitution of the Synod, which is to be interpreted only by the synodical
Commission on Constitutional Matters, the word "Constitution" should be eliminated in
order to avoid conflict with the synodical CCM.