LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — December 6-7, 1974, Page 4

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1.

Throughout "Board of Appeals" should be changed to "Commission of Adjudication."
Furthermore, the Commission has already ruled that the make-up of each District commission
should be the same as that prescribed for the synodical Commission of Adjudication.

2.

In III, A, 3, third line a change should be made to have the line read: "In accordance with the
Synod's Constitution and Bylaws . . ."

3.

The Commission assumes that the chart of organization is not really part of the District
Bylaws. Otherwise the Commission would take exception to placing the president below the
Board of Directors.

315. Proposed Bylaw Governing Withdrawal from Synodical Membership (Ag 417, 417A): This had
been a long standing item on the Commission's docket. The Commission was now in receipt of a letter
from the Synod's legal counsel which in effect stated that such a proposed bylaw would in actual practice
not serve much of a useful purpose. The Commission therefore resolved to drop the matter from its
agenda.
316. Property in Case of Schism (Ag. 649, 649A & B): Although the two legal briefs are being studied by
the two attorney members of the Commission, it was resolved to remove this question from the
Commission's agenda until a specific case develops.
317. Congregations Remitting Directly to Synod (Ag. 706, 706A): Treasurer Milton Carpenter of the
Synod had asked whether it was permissible for a congregation to send its contributions directly to the
Synod instead of the District. The Commission resolved upon the following ruling:
1.

There is no article in the Constitution or Bylaws which requires that remittances be sent to the
District instead of the Synod.

2.

The Commission has asked the Stewardship Department, which has responsibility in these
matters, to determine whether any convention resolution was ever adopted requiring such
action. The Stewardship Department has failed to find any such directive of a convention.

3.

Therefore, strictly speaking, it would not seem to be unconstitutional for a congregation to
remit directly to the Synod.

4.

However, the Synod has established Districts which perform functions for the Synod which the
Synod cannot well perform and which pursuant to this have assumed delegated
responsibilities. Therefore, according to time honored custom monies have flowed through the
District offices to the Synod and it is hoped that this custom would continue to be followed in
the future.

5.

It is to be assumed that funds contributed for District or synodical purposes will not be used for
non-synodical purposes by the District and certainly not for purposes which are divisive or
anti-synodical.

318. Argentina (Ag. 648A & 670): The Commission ratified the Secretary's letter suggesting that it might
be well for the CTCR or some other group to recommend a bylaw which speaks about our pastors serving
other Lutheran churches which are not in fellowship with the Synod.