LCMS Convention Proceedings St. Louis, Missouri — 1932, Page 117

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160 Proceedings of Thirty-Fifth Regular Convention,

7. Should Synod decide that this office is constitutional, it is ex.
pected that the above points be cleared up in a convincing manner,

Under IT of this memorial nineteen questions were submitted re-
garding the office of the District School Superintendent.

Regarding this memorial, Committee 15 brought in the following
resolutions : —

Whereas, According to the Constitution of the Synod (Art. XII, 2)
“each District is at liberty to adopt such by-laws and pass such reso-
lutions as it deems expedient for its conditions, provided that such by-
laws and resolutions do not conflict with the Constitution and By-laws
of the Synod”: and

Wuergas, According to the Constitution of the Synod (Art. XII, 12)

“the Districts are independent in the administration of affairs which:

concern their District only’; and

Wuereas, The calling of a District School Superintendent is
clearly a matter concerning the District only and does not conflict
with the Constitution and By-laws of Synod; therefore be it

Resolved, That-in the opinion of the Synod the office of a District
School Superintendent may be created and regulated by the individual
District according to its needs and wishes.

Wuereas, Overture 204 questions the constitutionality of the
office of the District School Superintendent; and

Wuereas, The Synod has a standing Committee on Constitutional
Matters to which any overtures made to the Synod asking for changes
of, or amendments to, the Constitution and By-laws of the Synod or
its rules and regulations shall be submitted in order that this com-
mittee may examine them (contents and language) as to their con-
stitutionality or their agreement or disagreement with existing rules
and regulations (Synod. Handbook, p. 99, 2); therefore be it

Resolved, That our standing Committee on Constitutional Matters
be instructed to study the question of the constitutionality of the office
of District School Superintendent and to transmit their findings to the
brethren of the Eastern Conference of the North Wisconsin District.

This resolution was adopted by Synod.

Establishing the True Meaning of Article VII
of Synod’s Constitution.
(Memorial 402.)
Article VII of the Constitution of the Missouri Synod reads: —
“Tn its relation to its members the Synod is not an ecclesiastical
government exercising legislative or coersive powers, and with respect
to the individual congregation’s right of self-government it is but an
advisory body. Accordingly, no resolution of the Synod imposing
anything upon the individual congregation is of binding force if it
is not in accordance with the Word of God or if it appears to be
inexpedient as far as the condition of a congregation is concerned.”

Kv. Luth. Synod of Missouri, Ohio, and Other States. 1932. 161

Wuereas, There seems to be a difference of opinion regarding
the true interpretation of Article VII of the Constitution of the Mis-
gsouri Synod, especially in reference to the meaning and scope of the
term “advisory body,” the term being taken by some in the absolute
sense, to wit, that each resolution of the Synod becomes valid only
after the formal ratification on the part of the individual congrega-
tion, while others interpret the term in a relative sense; and

Wuereas, Such difference of opinion tends to be detrimental to
the work of our Synod, hindering especially sufficient contributions
and cooperation for this work; therefore be it

Resolved, That the Central Conference of Northern Nebraska
herewith petition Synod, in session assembled at Milwaukee, Wis., in
June, 1932: —

1. To give expression to its attitude towards the true interpreta-
tion of said Article VII of the constitution and to state if it con-
siders the interpretation as expressed in the Proceedings of the
Northern Nebraska District of 1930 to be the true and correct one.
This interpretation is in substance as follows: —

A. That “the Synod is not an ecclesiastical government exer-
cising legislative or coercive powers” means that the Synod is not
an extraneous body having authority to make laws and rules without
the consent of the congregations which the latter are in conscience
bound to obey;

B. That “with respect to the individual congregation’s right of
self-government it is but an advisory body” means that in all matters
concerning the congregation itself only, with the exception of pure
doctrine and true Scriptural Lutheran practise, the Synod may advise
only, either voluntarily or upon request, and all resolutions of the
Synod are considered advisory only if pertaining to such matters;

C. That all other resolutions of the Synod pertaining to the
proper work and objects of the same are of binding force upon the
congregations, unless they are 1. not in accordance with the Word
of God, 2. inexpedient as far as the conditions of the congregations
are concerned means that, inasmuch as the congregations have: joined
hands to carry on the work referred to in these resolutions and these
resolutions are passed by the representatives of the congregations,
elected by them and assembled for the very purpose of passing these
and similar resolutions, therefore the congregations are in duty bound
to carry them out to the best of their ability and that the Christian
liberty of the Church and every individual congregation is safe-
guarded by the exceptions herein set forth;

2. To cause a brief interpretation of Article VII of the con-

stitution to be written. Tue Committee:

O. E. Scuiecat. M. June. J. Hotsre.