In the Matter of the Petition by NORTH AMERICAN CHRISTIAN CONVENTION Box 39456, Cincinnati, Ohio 45239 Proposed Annulment of Second-Class Mail Privileges for "N.A.C.C. UPDATE" P.S. Docket No. 3/121 May 29, 1975 William A. Duvall Chief Administrative Law Judge APPEARANCES: Leonard G. Wymore, Convention Director 3533 Appley Road Cincinnati, Ohio 45239 for Petitioner Grayson M. Poats, Esq. Law Department U.S. Postal Service Washington, D.C. 20260 for Respondent
By letter dated November 22, 1974, the Director, Office of Mail Classification, Finance Group, United States Postal Service, the Respondent, advised Mr. Leonard G. Wymore, Convention Director, North American Christian Convention, Cincinnati, Ohio, the Petitioner, that it was proposed to annul the second-class mail privileges theretofore in effect for the publication known as "N.A.C.C. UPDATE." The reason given for the proposed annulment was the Respondent's belief that the Petitioner is not a "church" or "church organization" as that term is used in Section 4355(a)(9) of Title 39, United States Code. The substance of this provision of law has been incorporated, and explained, in Section 132.23 of the Postal Service Manual.
The Respondent advised the Petitioner that the proposed annulment would be effective within 15 days from the receipt of the notification unless the Petitioner furnished the Respondent with evidence that the Petitioner is a church organization within the meaning of the applicable Postal laws and regulations. The Petitioner was advised that it might proceed, alternatively, by filing a petition with the Docket Clerk of the Postal Service appealing the proposed action.
The Petitioner did file an appeal from the proposed annulment action and in due course the matter came on for hearing.
No claim is made by Petitioner that it is a church; hence, the only issue in this proceeding is whether the Petitioner is a "church organization" within the meaning of the Postal Laws and regulations governing the eligibility for second-class mail entry.
Appearing on behalf of the Petitioner was Mr. Leonard G. Wymore who is not an attorney but who is the Convention Director for the Petitioner and he is thoroughly familiar with the history, the operations and the purposes of the Petitioner.
Mr. Wymore stated that the North American Christian Convention came into existence in 1927 as the development of an ad hoc committee of a number of men who felt that there needed to be a gathering of people from the congregations of the Christian Churches and the Churches of Christ. This gathering would be devoted to preaching and advocating the restoration of, and the return to, the doctrines which the persons assembled believed had been basic to the founding of the church. In the earlier years of its existence the convention did not have annual meetings, but since 1950 the convention has met annually at various locations in the United States. The convention was formed by, and most of the attendants now are, members of the Church of Christ, but attendance is not limited to the members of any particular religious organization and, in fact, attendance is open to any who seriously wish to attend.
The holding of the convention from year to year is assured by the selection of what is known as a Continuation Committee. This Committee is self-perpetuating in the sense that the members of the Committee nominate other members as the various terms of office expire. There are approximately 120 members of this Committee, not including former Presidents, and of this number approximately 40 memberships expire each year. About the only item of business that is conducted at the convention is the election of members to the Continuation Committee from nominations placed before them by the president of the convention.
Mr. Wymore stated that from the very beginning the support of the convention has been from the congregations from which attendants come and from the individuals attending the convention. In this connection, Mr. Wymore stated that it is correct to state that the individuals who attend the convention of the Petitioner are representative of the local churches from which they come but they do not, in a formal sense, represent those local churches (Tr. 1-57).
The Petitioner, according to Mr. Wymore, has very purposely avoided getting involved in making resolutions to try to give direction to local congregations or to make statements concerning national issues. To assure the individual congregations that there would not be any attempt on the part of Petitioner to take on the formal attributes of a church organization on a national level that was going to insist on having something to say about the business of the local church, Petitioner has written into its history a number of statements which indicate that the local congregation is not in any way to support the Petitioner unless the local congregation wants to do so.
The witness insisted that in his opinion this lack of the requirement of financial or other support by local churches should not be any impediment to the continuation of second-class mailing privileges for its publication. Mr. Wymore stated that there have been groups which separated themselves from major denominations such as Methodists, Presbyterians and Baptists which have formed smaller groups and that they have established their own conventions and state associations. Mr. Wymore stated that these smaller groups have adopted bylaws, constitutions and statements of purpose, and the like, in which they have made clear that they, also, do not intend to dictate to the local congregations. These small groups, like the Petitioner, leave the local congregations with very free choice as to whether they support the larger organization.
It was the witness's belief that these smaller groups which have split from the larger denominations have been accorded second-class mailing privileges for their publications.
Mr. Wymore pointed out that many Christian churches and Churches of Christ support the Petitioner. These churches are aware of the annual conventions, they register the members of their congrega- tions, they assist in the financial support of the Petitioner. These churches are aware of the annual conventions, they register the members of their congregations, they assist in the financial support of the Petitioner, and they assist their members who attend the annual meetings. There have been upwards of 20,000 to 30,000 people attending the national gatherings of Petitioner. The publication which is the subject of this proceeding is simply a vehicle by means of which the Petitioner advises all interested persons of the programs that are to be, and have been, presented at the conventions, and other related activities.
Another witness called by Petitioner was Mr. Floyd Robertson, Secretary, Office of Public Affairs, National Association of Evangelicals, 1405 G Street, N.W., Washington, D. C. Mr. Robertson identified and described the different types of Governmental organizations employed by church bodies as being the Episcopal type, the Presbyterian type or the congregational type. In the episcopal type of organization the responsibility for directing the affairs of a church group is in the hands of a hierarchy of the clergy. In the Presbyterian type of organization the affairs of the church are in the hands of all of the ministers of the denomination and one or two delegates or presbyters from each parish in a given district.
Lastly, in the congregational organization the congregation, itself, is the highest authority over the members and no higher authority above the congregational level is recognized.
The church of Christ employs the last, or congregational, type of church organization and it is for this reason that the Petitioner is not able to belong to the National Association of Evangelicals. It is true, however, that many of the individual Churches of Christ do belong to the National Association of Evangelicals.
Mr. Robertson stated that his organization does regard the Petitioner as being, in fact, an organization of the Churches of Christ because without the support of the individual churches of that faith the Petitioner could not continue to exist. He continued that Petitioner is a church organization but that it has not elected to incorporate or organize in as businesslike a fashion as have some of the other groups such as, for example, the Southern Baptists.
The last witness called by the Petitioner was the Rev. Kenneth A. Mead, Minister of the Manor Woods Church of Christ, in Rockville, Maryland. Rev. Mead is a former member of the 120 man Convention Committee of the Petitioner. He has been nominated for a 3-year term on that Committee, again, and he will serve if he is approved by the Convention.
When Rev. Mead received the letter inviting him to become a member of the Convention Committee again, he presented the letter of invitation tot he elders and deacons comprising his church board. If the church board approves, Rev. Mead accepts the invitation and, then, presents himself at the Convention at which time the Committee will act upon his nomination.
Rev. Mead's congregation is advised of the fact that he is going to the Convention and the congregation is involved to the extent of contributing to defray the expenses of his attendance at the Committee meetings. When Rev. Mead returns from a Committee meeting or from a Convention of the Petitioner, meetings are held at the congregational level of his church and he reports on the proceedings had, the meetings and the speakers presented at the Convention. Rev. Mead stated that, though it is unofficial, there is a very strong tie between the Petitioner and the local congregation. The existence of this tie is further evidenced by the fact that some of the members of Rev. Mead's congregation also attended the last meeting of the Petitioner. With the conclusion of the testimony by Rev. Mead, the Petitioner rested its case.
The Respondent called as its witness in this matter Mr. Ernest J. Collins who is a Mail Classification specialist in the office of the Respondent. Mr. Collins stated that in his opinion the Petitioner was not entitled to retain second-class mail privileges for "N.A.C.C. UPDATE" for reasons stated in the letter from the Respondent to the Petitioner dated November 22, 1974 (Ex. R-6). In connection with the testimony of Mr. Collins there were received in evidence a statement of the Declaration of Purpose and the Articles of Association for the North American Christian Convention (Ex. R-4) and a booklet entitled "N.A.C.C. History & Purpose" (Ex. R-5). These two exhibits constitute very important documents in the consideration of this matter.
In Exhibit R-4 the Petitioner is identified as "***a voluntary association of individual Christians who are members of Christian Churches and/or Churches of Christ, that have since 1927 met in Convention assembled, whenever possible, annually.***"
The first two purposes for the existence of the Petitioner are stated as follows:
"(1) To aid and assist individual Christians who are members of Christian Churches and/or Churches of Christ to carry forth and promulgate the great commission of Jesus Christ, as declared in Matthew 28:19-20.
"(2) To conceive, prepare and provide a free association of individual Christians who are members of Christian Churches and/or Churches of Christ in an annual con- vention which will aid them in teaching and proclaiming to the world the New Testament as the basis for faith and practice."
Article 6 of Exhibit R-4 provides: "There shall be no dues or assessments levied against any member or church; all monies shall be given volun- tarily."
The following are some meaningful quotations from Exhibit R-5:
"It [Petitioner] is not a delegate convention nor a convention of churches, but is an inspirational gathering of brethren in Christ." (Exhibit R-5, p. 15).
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"A. Development : The North American Christian Convention is made up of persons. It exists to strengthen churches by strengthening their members. In this it differs radically from conventions that seek to represent churches, receiving delegates from churches and purporting to speak for churches." (Exhibit R-5, p. 32).
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"We do not feel that the Convention has a right to make any demands on a church, and we note that its services are available to any church without regard to financial support. The giving of funds to the NACC does not constitute affiliation or identification with it. Support or nonsupport of the Convention must never become a test of fellowship. With this understanding we encourage the churches to support the NACC." (Exhibit R-5, p. 33)
"It shall not assume the character of a church council or synod, nor in its relation to the churches enact regulations; make rulings or recommendations; pass resolutions; propose, sanction, or legalize procedures; invest with authority, ordain to special ministries; endorse, forbid, exclude, or excommunicate persons, groups, or agencies; or exercise controls of any nature.
"It considers Christian fellowship to be personal, vital, and spiritual, rather than structural or organizational; moral, nor legal; voluntary, not coerced; natural, not artificial; and predicated upon faith in and wholehearted commitment to Jesus Christ as Lord and Saviour.
"It shall have no affiliation with parties, factions, agencies, institutions, or special interests; neither shall it seek to imprison the fellowship of Christian brethren within the frontiers of any single form of human organization." (Exhibit R-5, p. 38) Earlier in this decision the provisions of law and regulations which govern the outcome of this proceeding were cited. The language appearing in 39 U. S. Code 4355(a)(9) appeared in Public law No. 170 of the 84th Congress, approved July 26, 1955, (69 Stat. 373). There is nothing in its legislative history which is particularly enlightening on the issue in this case but it is stated as follows:
"The benefits of this legislation will be felt mostly by the local churches inasmuch as the national church organizations maintain subscription lists as a normal course of business. In the local churches, in order to be eligible for second-class mailing privi- leges, some member of the church must contact all other members and secure a subscription pledge card. This operation is purely a smokescreen and a nuisance insofar as both the local church and the Post Office Department is concerned. The Post Office Department testified that no benefits inure to the Department in enforcing the requirement for subscription lists of local churches but that on the contrary, it was expensive, time-consuming, and often embarrassing." (H.Rept. No. 714-84th Congress, and Civil Service. The Senate Committee on Post Office and Civil Service adopted and incorporated the House Report in its Report No. 826.)
In the case involving the Interreligious Foundation for Community Organization, Inc., P.S. Docket No. 1/10(1972), the Judicial Officer held that the organization which was the Petitioner in that case was not entitled to second-class mail privileges for its publication. Commenting upon the legislative history quoted above, the Judicial Officer said "the members of Congress did have committee reports before them when the bill was passed and must be regarded as having understood the legislation as explained in those reports. These reports refer to 'local churches', and 'national church organizations' clearly demonstrating that the word 'church' was used to extend the applicability of P.L. 170 to the national organization of churches."
Thus, as previously indicated, the crucial question in this proceeding is whether the North American Christian Convention is a "church organization" within the meaning of the applicable Postal laws and regulations.
There are, of course, various kinds of organizations in terms of the formality of their establishment and organization. There are, on one hand, those organizations which have come into existence by becoming incorporated under the laws of a particular state. Such organizations usually adopt constitutions and bylaws and they have rules and regulations for the government of their members. Some illustrations of these kinds of organizations are the various professional and scientific societies. There are, on the other hand, organizations which have come into existence in a much less formalistic manner. An example of such an organization, in the context of this proceeding, might be a missionary society of a particular church. It is a matter of general and common knowledge that such societies do not go through the formalities usually thought of as being required of a legally recognized society. No one would doubt the existence, however, of groups known as missionary societies since they hold themselves out, and are accepted, as being in existence and performing certain functions.
The distinction that is being drawn is between those organizations which exist by reason of law or by right, known as "de jure" organizations on the one hand, and, on the other hand, those organizations which, without having gone through the legal formalities, actually, in fact and in reality, do exist and are recognized as "de facto" organizations.
The quoted indications to the contrary in Exhibits R-4 and R-5 notwithstanding, examination of the actual operation of the Petitioner discloses that, in reality, it is an organism through which the collective Church of Christ in the United States, comprised of more than 2,000,000 members in 7000 congregations, performs the function of promulgating the gospel as the membership of this Church believes it to exist and which forms the basis for the beliefs of the members of that Church. In Exhibits R-4 and R-5 the Petitioner clearly disavows any intention of assessing monetary quotas upon any churches in the Church of Christ communion; nevertheless, it invites contributions by such churches and by the individual members of those churches. In these documents, also, are set forth the purposes for which the Petitioner exists, the organization through which it hopes to accomplish its purposes and the methods by means of which it hopes to accomplish its purposes.
On their part, the individual congregations of the Churches of Christ are aware of the Petitioner's existence, they are aware of the purposes for which and the means by which it exists. The churches and the individual members of the congregations of the various churches send their contributions to the Petitioner, thus enabling it to carry forward its program. The local churches lend further assistance by lending financial support to their ministers and others who wish to attend the annual conventions. In addition, individual members of church congregations, in their private capacities, attend the annual conventions held by Petitioner.
The picture thus revealed is one in which an organization, however informally it was founded, holds itself out as speaking for and furthering the purposes of a particular Church. There is further revealed the fact that the Church in question recognizes the existence of the organization, contributes to its support both in terms of financial assistance and in terms of lending its personnel to help carry on the work of the organization. Add to the foregoing considerations the further fact that other organizations, specifically the National Association of Evangelicals, recognize and regard Petitioner as the national spokesman for the Churches of Christ in the United States. These facts, taken together, clearly indicate the existence of a de facto organization.
There is nothing in 39 U. S. Code 4355(a)(9) which indicates that the Congress sought to require that a national church organization be incorporated or go through the other legal steps required to become a de jure corporation. If that had been the intent of Congress, it would have been a matter of great simplicity to state that - either in the legislation itself or in the comments of those in support of the bill which became enacted. Clearly, there are church organizations at the local level which are not incorporated but which are entitled to have their publications carried in the mails at the second-class postage rates. On this point there appears to be no rational distinction that can be made between the local and the national organizations of churches.
Since it is contrary to one of the fundamental beliefs of the Church of Christ to recognize any secular authority higher than the congregational level in religious matters, to require Petitioner to incorporate and have rules for its membership which they must obey and all the other paraphernalia of de jure corporations in order to be permitted to retain its second-class mail privileges for its publication would be discriminatory in that it would prevent the Petitioner from mailing its publications simply because of the religious beliefs of its members. It is a basic tenet of statutory construction that laws sought to be so construed as to avoid constitutional issues. In this case, there is no need for the exercise of statutory construction, however, because the language of the statute is clear. It requires only that an organization of a church which wishes to avail itself of second-class mailing privileges be a national church organization. Petitioner falls within that description.
The decision in the matter involving the Interreligious Foundation for Community Organization, Inc ., (P.S. Docket No. 1/10), is no impediment to the continuation of second-class mailing privileges for Petitioner. In the earlier case a number of organizations, some of which appeared more to be charitable organizations than strictly church organizations, had banded together for totally worhtwhile purposes. In this case, however, the Petitioner, while holding out its arms to welcome all persons who wish to join, nevertheless is the national voice of the Church of Christ and as such it is the national organization for a single church group.
Based upon all of the foregoing considerations, I find as a fact that North American Christian Convention is a national organization of, and speaks for, the Churches of Christ in the United States.
It is concluded as a matter of law that second-class mailing privileges should remain in effect for the publication "N.A.C.C. UPDATE."
The decision by Respondent to annul the second-class mail privileges of "N.A.C.C. UPDATE" is reversed.