Decision Number 71

Re-enactment of Enabling Act Adopted by General Conference of 1940

Digest

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do not need to be re-enacted, as this legislation, unless specifically limited as to time, is in effect until repealed or amended.

Statement of Facts

Paragraph 1637 of the 1940 Discipline was referred to the Judicial Council, along with a number of other similar Paragraphs, by the General Conference of 1948, with the request that the Council rule on the necessity for re-enacting these Paragraphs. It has been called to our attention that Decision 54, announced by the Judicial Council on May 6, 1948, covering this matter contained no mention of Paragraph 1637. Therefore, the following decision on Paragraph 1637 of the 1940 Discipline is hereby announced:

Decision

In Decision 54 of the Judicial Council, as reported on pages 1074-75 of the Journal of the General Conference of 1948, ruling upon the request of the General Conference as to whether or not certain Enabling Acts should be reenacted, it was held by the Council that the legislation of the General Conferences of 1940 and 1944, unless specifically limited as to time, is in effect until repealed or amended by the General Conference. This principle applies to all these Enabling Acts, including the Enabling Act appearing as Paragraph 1637 in the 1940 Discipline.

We, therefore, hold that said Enabling Act, since it contains no limit of time, is still in full force and effect until repealed or amended by the General Conference.