LCMS Convention Workbook St. Louis, Missouri — 1975, Page 237

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CONSTITUTIONAL MATTERS 237

d-73A

To Declare Mistrial in Tietjen Case
on Basis of Bylaw 1.27 ¢

PREAMBLE: Among the purposes for which the Synod was
organized and the objects of its ongoing activity is that of “the
protection of pastors, teachers, and congregations in the per-
formance of their duties and the maintenance of their rights”
(Constitution, Art. III, 8). For the implementation of this objective
various provisions have been made. For instance, Section 1.27 ¢
of the Handbook states: ““Overtures ... which contain defama-
tory allegations: or overtures which may subject the President
of the Synod or the Synod to civil actions for libel or slander,
shall not be published or presented to any floor committee or
to the convention.”

It is evident that this section of the Handbook was violated
in connection with the New Orleans convention of The Lutheran
Church — Missouri Synod. With regard to Concordia Seminary,
St. Louis, and its president, Dr. John H. Tietjen, the convention
Workbook contains such undocumented statements as:

The administration of the seminary has shown prejudice in pro-
moting professors, dealing with staff and professors, scheduling and
assignment structure. (Overture 3-196)

Dr. Tietjen, since his election as president of Concordia Seminary,
St. Louis, has failed to demonstrate the executive ability necessary
to work in Christian harmony with his superiors. (3-161)

The seminary president upholds a “‘Gospelism" theology which
is contrary to the Reformation theology clearly stated in our Con-
fessions and held by Synod. (3-164)

Because of this report to you we may be castigated by the semi-
nary president because it has been done before. (3-01C )

Furthermore, Resolution 3-12 was published in Today's
Business. given to all delegates and registered guests, made
available to the press, which promptly gave it nationwide
publicity, and published in the official Proceedings of the con-
vention. It contains such statements as the following about
Dr. John H. Tietjen, completely unsupported by any evidence,
that he:

Was administratively irresponsible:

Presumptuously and wrongfully assumed Board of Control
duties and prerogatives:

On occasion intimidated Board of Control members:

Demeaned the integrity and position of certain faculty members.

In order to correct the situation caused by these violations,
the following resolutions are offered:

I

WHEREAS, Section 1.27¢ of the Handbook states: ‘‘Overtures

. which contain defamatory allegations: or overtures which
may subject the President of the Synod or the Synod to civil
actions for libel or slander, shall not be published or presented
to any floor committee or to the convention”: and

WHEREAS, It is evident from the evidence given above that
this provision was violated in the Workbook of the New Orleans
convention and by a resolution proposed to it: therefore be it

Resolved. That Bethel Lutheran Church declare its con-
viction that the printing of Supplemental Report 3-01C and of
Overtures 3-161, 3-164, and 3-196, as well as the printing and
dissemination of Resolution 3-12, were not in accord with Section
1.27 ¢ of the Handbook of the Synod: and be it further

Resolved, That we send this resolution to President J. A. O.
Preus and Secretary Herbert Mueller of the LCMS, asking them
to make a suitable explanation and apology to the Synod and
to Dr. John H. Tietjen: and be it finally

Resolved. That this resolution be sent as an overture to the
Anaheim convention requesting it to reaffirm the Synod’s in-
tention to observe Section 1-27 c, to provide safeguards against
future violations, and to express to the members of the Synod
and especially to Dr. John H. Tietjen sincere regrets over the
handling of the indicated overtures and the committee resolution.

II

WHEREAS, The improper actions of the New Orleans conven-
tion, as described above, and the later adoption by the conven-
tion of Resolution 3-12A were prejudicial to the case of Dr.
Tietjen as the seminary Board of Control dealt with him: and

WHEREAS, Pursuant to these actions of the New Orleans con-
vention the Board of Control suspended Dr. Tietjen, vacated
the suspension, suspended him a second time, and finally dis-
missed him from office: therefore be it

Resolved. That Bethel Lutheran Church petition the Ana-
heim convention of the LCMS to declare the actions of the
Concordia Seminary Board of Control to be out of order and
equivalent to a mistrial.

Bethel Lutheran Church
University City, Mo.

James C. Flowers, President
Virginia E. Burmeister, Secretary

Identical or similar:

5-73B to 5-73J

Kansas District

Pilgrim, Indianapolis, Ind.

Trinity, Schenectady, N. Y.

Our Redeemer, Lake City, Fla.

Zion, Westwood, N. J.

St. Mark’s, Milwaukee, Wis.

Eastern District

Bethel, Edmonton, Alta.

Pastoral Conference, Oklahoma District

Arlen Bruns

F. Schumacher
Arthur Hawlicheck
James Bachman
Norman Brinkmann
D. Rockrohr
Herman Frincke
Walter Ritter

F. Schumacher

5-74
To Correct Alleged Violations of 1.27 ¢

WHEREAS, Section 1.27 c¢ of the Handbook states:

Overtures requesting the Synod to take action which is in conflict
with the Constitution or Bylaws of the Synod or in matters for which
the Constitution or Bylaws have provided specific procedures: which
contain defamatory allegations; or overtures which may subject the
President of the Synod or the Synod to civil actions for libel or slan-
der, shall not be published or presented to any floor committee or to
the convention: nor shall any overture be accepted with reference
to any case involving suspension, expulsion, or appeals: and

WHEREAS, It is evident that this provision was violated in the
Workbook of the New Orleans convention by the publication of
Resolution 3-12 in Today's Business before action on the reso-
lution was proposed to the convention: and

WHEREAS, This section of the Handbook supports the Eighth
Commandment: ‘‘Thou shalt not bear false witness against thy
neighbor,” and Luther's explanation of the same: ‘We should
fear and love God that we may not belie, betray, slander, nor
defame our neighbor, but defend him, speak well of him, and
put the best construction on everything”: therefore be it

Resolved. That this convention of The Lutheran Church —
Missouri Synod declare its conviction that the printing of Sup-
plemental Report 3-0lc and of Overtures 3-161, 3-164, and 3-196,
as well as the printing and dissemination of Resolution 3-12,
were not in accord with Section 1.27¢ of the Handbook of the
Synod: and be it further

Resolved. That the Synod reaffirm its intention to observe
Section 1.27c, to make sure that there be no further violations
of the same, and to express to the members of the Synod sincere
regrets over the handling of the indicated overtures and com-
mittee resolution in 1973.

English District
Robert L. Landeck, Secretary

yt
al
ow

To Declare Tietjen Resolutions
Unconstitutional
I

WHEREAS. Overtures 3-161, 3-162A and B, 3-163A and B,
and 3-164 in the 1973 Convention Workbook seek to remove
Dr. Tietjen from the presidency of Concordia Seminary, 5t.
Louis, Mo.: and

WHEREAS, Resolution 3-12, printed and placed before the
1973 convention floor and printed in the 1973 Proceedings.