Decision Number 163

Petition of the Council of Bishops Requesting the Judicial Council to Reconsider and Re-hear the Question Which Was Presented to the Council and Answered by Its Opinion No. 114

Digest

The Petition of the Council of Bishops for a Re-hearing is denied.

Statement of Facts

On November 19, 1954, the Council of Bishops of The Methodist Church requested a Declaratory Decision from the Judicial Council as to the constitutionality of the provision in Par. 431, See. 7 of 1952 Discipline which requires the consent of a ministerial member of an Annual Conference before he can be transferred to another Annual Conference

On July 29, 1955, the Judicial Council rendered its Declaratory Decision on the question submitted to it by the Council of Bishops. This decision became Decision No. 114 of the Judicial Council.

On December 2, 1958, the Council of Bishops requested the Judicial Council to "reconsider and re-hear the following question:
"Is Par. 431, Sec. 7 of the Discipline adopted by statutory legislation of the General Conference opposed to and in conflict with the Constitution of The Methodist Church and Par. 34, Art. I of the Constitution?"

On October 15, 1959, a Committee from the Council of Bishops, consisting of Bishops Nolan B. Harmon, Frederick B. Newell and Eugene M. Frank presented to the Judicial Council a printed brief and oral arguments in support of the Petition of the Council of Bishops to reconsider and re-hear.

Decision

After careful consideration of the Petition to Re-hear submitted by the Council of Bishops and the reasons advanced in support thereof it is the opinion of this Council that the Petition to Re-hear should be, and the same is, hereby denied.