LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — October 10-11, 1974, Page 6

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279. Electing Delegates (Ag. 733): Rev. Carl E. Nelson of Painesville, Ohio had written suggesting a new
way of electing alternates to a convention. It was decided to refer this suggestion to Prevallet as he works
on the proposed redraft of Bylaw 1.53.
280. 1854 (1855) Constitution (Ag. 735): The Secretary made available copies of this historic document
for the resource file of the members.
281. Heerwagen on Seminex Certification (Ag. 736): For the same purpose he also made available the
document prepared by Paul T. Heerwagen of Sarasota, Florida on the present difficulties.
282. Seminex Lay Assistant as Possible Delegate (Ag. 714): Considerable time was spent each day on a
discussion of the correspondence and telephone communications with President Crosmer of the South
Dakota District. The Commission had ruled at the previous meeting on the question of the eligibility of a
Seminex candidate who was serving as a "lay assistant" in a parish. After several suggestions and
possibilities had been explored it was finally decided by common consent to hold the matter until the next
meeting to determine whether or not the man had been elected as a delegate or as alternate (see also Ag.
639).
283. Council of Presidents' Resolution Re Certification of Seminex Candidates (Ag. 731): Rev. Keith
Bender of Ocheyedan, Iowa had asked the Commission to rule on the constitutionality of the recent
resolution adopted by the Council of Presidents in an effort to resolve the impasse with respect to the
certification of Seminex graduates. After detailed study and discussion the Commission adopted the
following statement with the understanding that the Secretary should verify and if necessary revise the
content of the third paragraph:
The Commission on Constitutional Matters has been asked td rule on the constitutionality of
the September, 1974 resolution of the Council of Presidents on the certification of Seminex
candidates.
It is to be noted once again that certification of these candidates must be granted by the
synodically recognized faculty (Bylaw 4.15).
The interviewing precedent referred to in the fifth paragraph of the Council's resolution
should not be misinterpreted. Such interviews were carried on with bona fide graduates of
Concordia Seminary who had already satisfactorily completed their work usually at least one year
prior to their request for placement but who were now at a considerable distance from the seminary
(often even out of the country) and therefore needed to be interviewed by proxy. These proxies in
turn always reported their findings to the faculty which then made the necessary decision.
However, if the procedure proposed by the Council of Presidents meets with the approval of
the faculty in each case and if the final decision on certification continues to rest with the faculty,
the Commission holds that the procedure outlined in the resolution of the Council of Presidents
would be constitutionally acceptable.
284. Congregations Remitting Directly to the Synod and Bypassing Districts (Ag. 706): A request by
Treasurer Milton Carpenter for a ruling on this procedure was discussed and referred to Luessenhop to
present a draft to the next meeting after consultation and research.
285. "Constitutional Comments on the Present Controversy Within the Synod" (Ag. 682): In response to
suggestions made at the last meeting Mueller had developed and sent to the members an additional
section on "People are more important than rules." He had also shared the paper with Rev. Sam Nafzger