Judicial Council Decisions Search
Decision No. 54
May 05 1948
In Re: Re-enactment of Enabling Acts Adopted By General Conference of 1940 and 1944
Digest of Case
Enabling Acts, adopted in 1940, and in 1944, as to continuing the corporate life or operation of various Corporations, Boards and other Agencies of the Church, where the incomplete status still continues, do not need to be reenacted in 1948, as this legislation, unless specifically limited as to time, is in effect until repealed or amended.
Statement of Facts
At the session of the General Conference, May 6, 1948, the Committee on Enabling Acts and Legal Forms moved that Judicial Council be asked for a Declaratory Decision as to whether or not certain Enabling Acts adopted by the General Conference of 1940 and reenacted by the General Conference of 1944, should again be reenacted by the General Conference of 1948. These Enabling Acts appear as Paragraphs 1634, 1635, 1636, 1639, 1641, 1643, 1646, 1648, 1649, 1650 and 1651 of the 1940 Discipline. The General Conference so ordered. Generally speaking these Enabling Acts provided that various Corporations, Boards, and other Agencies of the three Uniting Churches of 1939 should continue to operate under existing charters and until all property held should be transferred to their successors and other corporate purposes fully completed. Just what are the facts as to each and all of these various Corporations and Agencies does not appear of record, but it is assumed that the incomplete status still continues.
The legislation of the General Conference of 1940 and 1944, unless specifically limited as to time, is in effect until repealed or amended. This principle applies to these Enabling Acts. Wherefore, based upon the foregoing statement, the Decision of the Judicial Council is that it is not now necessaryto re-enact the foregoing Enabling Acts at the 1948 session of the General Conference.