LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — July 2-10, 1981, Page 10

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246. Colorado Bylaws (Ag. 1185, B-G): It was decided to ask for a report of the meeting of the District's
Constitution Committee on May 13 and to call special attention to Resolution 5-11 of the synodical
convention which requires that the District Nominating Committee must be elected.
247. North Dakota Bylaws (Ag 1262, A): The Secretary was asked to send another letter to President
Reimnitz with a carbon copy to Norman Sincebaugh, stating that we need a response by December 1 to
our long standing correspondence.
248. Kansas Bylaws (Ag. 1414): The same action was taken also with respect to Kansas
249. Membership in Two Districts (Ag. 1511): The Secretary had written to Rev. Arthur Geidel of
Palisades Park, New Jersey, with carbon copies to Presidents George Bornemann and Walter Zeile, that a
pastor accepting a call to one District becomes a member of that District and cannot hold membership in
another District in which he functions also as an institutional missionary. The Commission ratified that
reply.
250. Accusations (Ag. 1513): Pastor John L. Murphy of Pittsburgh, Pennsylvania had raised two
questions. The Commission replied that as far as we can determine from the meager information supplied,
a member of the Synod cannot appeal to and use Article VII of the Constitution in order to defend and
justify a violation of Article VI, 2, of the same Constitution, and that in the light of Bylaw 5.25, e, the
accusation described in Bylaw 5.11 must be addressed to the president of that District in which the
accused holds membership.
251. Excommunication (Ag. 1514): Rev. Herman W. Mueller of the Constitution Committee of the
Southern California District had written to Secretary Mueller, wondering whether Dean Fritz and C.F.W.
Walther are not in conflict on the question of who may excommunicate. No action on the part of the
Commission was necessary on the reply which the Secretary had given. It was noted that it had not been
addressed to the Commission.
252: Status of Pastors and Teachers Serving Non-Member Congregations (Ag. 1521): Rev. Albert
Eichelberger, serving a former Missouri Synod congregation at San Fernando, California, had asked about
the status, calls, installation of teachers serving that particular parish. The Commission decided to reply:
On the basis of Bylaw 1.09, a, it is clear that pastors and teachers may serve non-member
congregations and yet remain members of the Synod. They are ordinarily members of that
geographical District in which the congregation is located. The Commission also sees no
impediment to a Christian congregation issuing calls to such individuals nor to their installations
being authorized by the District president involved.
253. Inclusion of Brief Statement in Congregational Constitution (Ag. 1537) : The same pastor had asked
whether it was permissible for his congregation which is thinking of rejoining the Missouri Synod to list
in its congregational constitution the Brief Statement in its Article on Confession. The Secretary had
forwarded to him the long standing opinion of the CCM that the Brief Statement, although it is to be
honored, cannot be listed with the Lutheran Confessions nor can subscription to the Brief Statement be
required. The Secretary had also called attention to the provisions of Bylaw 1.01 and 1.02 which
delineates the status of such doctrinal statements and also the method by which they are to be adopted,
revised, or rescinded.
254. Required District Bylaw Changes (Ag. 1526): President Paul Wendling of the South Dakota District
had inquired what changes would now be mandated in District Bylaws if the congregation should adopt
the triennial convention cycle and also in view of other resolutions adopted by the convention. The