Decision Number 40

Voting by Retired Bishops

Digest

The Decision of the Judicial Council upholding the Constitutionality ofParagraph 437, Discipline 1944, as to voting by retired Bishops affirmed. (See Judicial Council Decision 35.)

Statement of Facts

a statement of facts in relation to this case, and the Decision previously handed down, see report of case in Judicial Council Decision 35.

A petition for a rehearing and review of this case was filed by Bishop John M. Moore. Supporting briefs were filed by Bishop A. Frank Smith and Bishop E. H. Hughes.

Bishop John M. Moore appeared before the Council in person at its session April 22, 1947, in support of the petition for a review and reconsideration of the Decision banded down at the 1946 session of the Judicial Council. He presented an able and carefully prepared brief, was fully heard, and given every opportunity to present his arguments.

Decision

After full consideration of the petition and arguments, all members being present and voting, it was voted to reaffirm without change the opinion and decision previously adopted.

J. S. French, M. A. Childers and W. G. Henry filed a separate opinion as follows:

Being still of the opinion that the expression "but without vote" in Paragraph 437 of the 1944 Discipline is of doubtful constitutionality, we adhere to the concurring opinion signed by us as reported in Judicial Council Decision 35, for the reasons therein set forth.