LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — July 6-13, 1979, Page 2

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200. Trust Fund, Northwest Area (Ag. 1372): Layman Art Freitag had asked the Commission whether the
proceeds from a certain trust fund could be used to subsidize a student at Seminex. The Commission upon
examining the document came to the tentative conclusion that the monies involved are District funds
under District administration. The Commission on Constitutional Matters has ruled in the past that
District or synodical funds can be used only for church work students preparing themselves at synodically
recognized schools. However, Freitag was to be informed that he would need to find an eligible person to
submit a request for the opinion, at which time the matter would be examined more closely.
201. Two Questions (Ag. 1369): Secretary Bernhardt Meschke of the Nebraska District had sent two
questions to the Secretary regarding congregational constitutions: whether they could include 1) proxy
voting arrangements and 2) a provision that if 40% of the membership certifies that a doctrinal
disagreement exists, the property can be turned over to the District. The Secretary had responded with
personal opinions on both matters with which the Commission agreed but decided not to make a formal
decision since the matter had not been addressed to the Commission.
202. Northwest District Commission of Adjudication (Ag. 1368): A congregation in Salem, Oregon had
placed a matter before the District Commission of Adjudication. However, the congregation later
withdrew the request. But a retired pastor wished to continue the request and the Commission of
Adjudication asked whether it was bound to entertain the request. The Secretary had replied that it was his
personal opinion that the commission was under no obligation since the congregation had withdrawn the
complaint. The Commission on Constitutional Matters ratified this response.
203. South Dakota Questions Re District Presidents and Counselor Elections (Ag. 1367): In response to a
request the Secretary had called attention to the fact that earlier rulings had stated that a District President
could be chosen from all individuals on the clergy roster of the Synod, but that counselor elections had a
separate restriction. The Commission on Constitutional Matters ratified this reply.
204. Southern Baptist Convention (Ag. 1366): The Commission took note of a news article supplied by
Carl Eberhard.
205. Otten Request (Ag. 1363): It was noted that Herman Otten had requested a copy of the opinion
adopted by the Commission at the time of the floor committee meetings, stating that he could apply for
the colloquy program.
206. John Schwane (Ag. 1359): This professor at Ann Arbor had written stating that he had heard that the
Commission on Constitutional Matters had issued a ruling on a Board for Higher Education moratorium
on the granting of tenure. The Secretary had informed him that the Commission on Constitutional Matters
had made no such ruling. This letter was ratified.
207. Pastor Member of a Congregation (Ag. 1365): In answer to a question by President Alvin Kollmann
of Southern Illinois, the Secretary had stated that it was his opinion that it had always been taken for
granted that every clergyman is a member of a congregation somewhere. The Commission ratified this
reply.
208. Counselor Participation in Seminex Ordination (Ag. 1364): Assuming the facts stated in the letter to
be the case, the Commission gave the following reply to several questions:
1. The Commission holds that a Circuit Counselor cannot use Article VII and Bylaw 1.09, b, to
justify participation in the ordination of an uncertified Seminex graduate and in the installation of
an uncertified graduate as the pastor of a Missouri Synod congregation.