reads: "The congregations representatively
constituting the various district synods may elect delegates through
these synods to represent themselves in a more general body, all
decisions of which, when made in conformity with the solemn compact of
the constitution, _bind_ so far as the terms of mutual agreement make
them binding on those congregations which consent, and continue to
consent, to be represented in that General Body." According to the ninth
article, "the obligation under which congregations consent to place
themselves, to conform to the decisions of synods, does not rest on any
assumption that synods are infallible, but on the supposition that the
decisions have been so guarded by wise constitutional provisions as to
create a higher moral probability of their being true and rightful than
the decisions in conflict with them, which may be made by single
congregations or individuals." In keeping herewith Article I, Section 4
of the General Council's constitution provides: "No liturgy or hymn-book
should be used in public worship except by its [the General Council's]
advice or consent, which consent shall be presumed in regard to all such
books now used, until the General Council shall have formally acted upon
them." That the General Council was not a mere advisory, but a
legislative body, was brought out in the Lima Church Case in which the
judge decided that, according to the constitution and the expert
testimony of members of the General Council, Synod had jurisdiction over
its pastors and congregations, and that hence he could not adjudge the
property to that part of the congregation which had refused to submit to
Synod. Dr. Seiss testified (April 6, 1876) that, according to the
constitution of the General Council, congregations are obliged and bound
to respect and obey all constitutional resolutions of Synod. In its
issue of September 26, 1901, the _Lutheran_ maintained that Christian
liberty did not prohibit the Church from making prescriptions to
individual congregations in the adiaphora; that pastors and
congregations, by joining the Pennsylvania Ministerium, yielded the
right to decide and act for themselves, and agreed to submit to the
regulations of Synod in the points enumerated; that it was not an
infringement of the rights of a congregation to make this a condition of
synodical membership. (_L. u. W._ 1901, 305.) In 1915 the Augustana
Synod adopted a resolution recommending a change in the constitut