Decorah-posten., 1885-09-16

ana COnSLTue Tie sinSti uitichs @s
though they had not been made
This position was combatted by the
other party both as to the facts, and
also as to our authority to go be.
hind or beyond the instrument sub
mitted to is.
The arbitrator selected by the
Eastern district at Rocheacri in 1885,
selected and agreed upon Hon
Elihu Colman of Fond-du-Lac, Wis
cousin, as the other member. The
three met at Madison, Wisconsin,
to attend to the duties imposed upon
them August 25th 1885, and both
parties appeared before them.
The party contesting the right OF
Rev. J. B. Erich to continue in Of
fee was represented by Prof. F. A.
Scmidt, l.. j. Erdall Esq, and Rev.
o. H. Lee. The party insisting
upon the right of Rev. J. b. Erich
to continue in office was represented
by Prof. Rogue, Rev. Preus, and
Rev. Bredesen.
This historical statement brings
us to the questions submitted, all
of which we have decided together
with some incidental questions that
lead to the main questions. Where
we have reached a result only by a
majority vote, it is so stated herein.
We hold hal we cannot go
back of the constitution as submit
ted to US, and agreed by all to be
a correct translation, to inquire
whether clerical errors have crept
into the instrument or not. The
instrument submitted to US has been
treated as the constitution of the
Synod since 1876. The records of
the Synod for 1876 show that the
instrument was adopted that year
in the same form that il had been
adopted in 1875. The clerical err
rors, it was claimed, came to the
instrument between its adoption in
--
1875 and 1876.
A majority of the arbitrators
h old that ",he ministers and repre-
sentatives of the different districts"
attending Synod meetings. when
assembled by themselves during the
session of the Synod as provided
in section 2 of Chapter III, of the
constitution herein before quoted,
have power to elect a president for
the district to fill a vacancy in that
Office, and consequently that the
meeting held by the members OF
the Synod from the Eastern district
at Minneapolis in 1884 might, with
propriety, have proceeded to an
election to Gil the vacancy in the
office of president, caused by the
refusal of Rev. P. A. Rasmussen to
serve, or to eli a vacancy otherwise
caused.
BY a majority vote the arbitra-
tors also hold, in reference to the
election of a president to fill a
vacancy, that the action taken by
the meeting, at Minneapolis in 1884,
which meeting was composed OF the
ministers and representatives to the
Synod from the Eastern district,
was not an election to fill the va
cancy about TO occur in the presi-
dental Office but that such action
vas taken as a compromise between
the coutending parties. One party
holding that meeting possessed OF
tut power to fill such vacancies,
and the other holding otherwise.
The action taken was designed to
induce Rev. j. B. Erich to hold over
after the expiration of his term of
Office and until the district should
ell the vacancy, he having, because
of the contention as to his right,
declined to do SO.
That design was accomplished and
Rev. J. B. Frioh rightfully held of
fee till the meeting of the Eastern
district Synod at Rocheacri in 1885.
AT the meeting of the Eassera
district Synod held al Roeheaeri In
1885, said dissrictS ynod had full power
to proceed to fill the vacancy then
existing in the Office of president,
and such an election would be
"legal and just" This point is also
decided by a majority vote.
The election at Rocheacri in 1885
resulted, as herein before stated. in
a majority of all the votes cast be-
ing given fos Rev. P. A. Rasmus-
sen a o voting member. As con.
coded by both parties Rev. P. A.
Rasmussen could not vote at this
election, and as We understand upon
no question before the meeting.
We all agree that Rev. P. A
Rasmussen, not being a voting mem.
Der was not eligible to the office Of
president and is therefore not en-.
titled to the Office. The votes cast
for Rev. P. A. Rasmussen are not.
however, utilities, but must be
counted as against Rev. ]. B. Erich
the opposing candidate.
We also agree that Rev. J. B.
Erich was not elected to the pre-
sidency at the Rocheacri meeting
in 1885, not having more than
0ne-haF of the D0teS cast"
See section 3 of Chapter VIII
Of the constitution.
These determinations lead to the