ICJ Number 4

Constitutionality of a recommendation by the uniting conference to the Council of Bishops that an investigating committee authorized by the Uniting Conference include not less than a certain number of Negroes.

Digest

The Uniting Conference may recommend to the Council of Bishops that a certain number of appointees to an investigating committee that it has been empowered to appoint shall be Negroes. This ruling is based on the assumption that the recommendation is intended to be advisory rather than mandatory and that it will be so construed by the Council of Bishops.

Statement of Facts

At a session of the Uniting Conference of The United Methodist Church held on April 29, 1968, during the consideration of legislative reports of its Committee on Publishing Interests, the following resolution was presented for adoption by the Uniting Conference:

"WHEREAS, During and previous to this Conference there have been circulated charges, both verbal and appearing in certain periodicals and other printed forms, criticisms and accusations widely disseminated which definitely question and impugn the integrity, motives, and practices of the administration of the Publishing Interests of the Church; and

WHEREAS, This agency through the one hundred and seventy-nine years of its history has always endeavored to be the pliant instrument of the Church in accordance with the Discipline in the proclamation of the Word; and

WHEREAS, The General Conference of the Church, now The United Methodist Church, has traditionally intrusted the oversight of these facilities to the board of Publication, whose members are elected by due and democratic process created by the General Conference;

THEREFORE, in the light of these questions and criticisms, the President and Publisher and the Chairman and the other officers of the Board of Publication do hereby earnestly request this General Conference to empower the Council of Bishops to appoint a committee to thoroughly investigate all such charges which are to be properly documented with supporting evidence. We request that the committee be composed of one bishop who shall be the President of the Council of Bishops, with two pastors and two laymen appointed by the Council of Bishops, none of whom should be members of the Board of Publication. We further request that this committee report to the Council of Bishops at their next scheduled meeting in the fall of 1968. We further respectfully request that the Council of Bishops make the findings of this committee available to the Church."

During discussion on the above resolution, an amendment was proposed and adopted by the Uniting Conference to change the composition of the proposed committee so that the portion of the resolution dealing with such composition would read as follows:

"We request that the committee be composed of one bishop who shall be the President of the Council of Bishops, with sixteen persons appointed by the Council of Bishops, equally divided between laymen and ministers and with the recommendation that at least five members be Negroes."

Following the adoption of the amended resolution, the Uniting Conference voted by the requisite number of delegates to refer the amended portion of the resolution to the Interim Judicial Council for a decision as to its constitutionality insofar as it recommends that five members be of the Negro race.

Jurisdiction

Jurisdiction is based upon the creation of the Interim Judicial Council and the grant of authority given to it by the Uniting Conference (D.C.A. 190-192); and the request to the Council by the Uniting Conference for an advisory opinion on the matters herein discussed (D.C.A. 447, 450). 

Decision

The action of the Uniting Conference in empowering the Council of Bishops to appoint a committee of seventeen to investigate charges against the Publishing Interests of the church "with the recommendation that at least five members shall be Negroes" is not in violation of the Constitution of The United Methodist Church.

May 1, 1968

PAUL R. ERVIN

President, Interim Judicial Council

J. RUSSELL THROCKMORTON

Secretary, Interim Judicial Council