In the Matter of the Petition by

BEREAN BIBLE SOCIETY
7609 West Belmont Avenue,
Chicago, Illinois 60635

for a second-class mail permit for "THE BEREAN SEARCHLIGHT."

P.O.D. Docket No. 2/250

October 20, 1967

Gerard N. Byrne Hearing Examiner

POST OFFICE DEPARTMENT,
DIVISION OF HEARING EXAMINERS,
WASHINGTON, D.C. 20260,

APPEARANCES: Maurice Albin, Esq.
Sigel and Albin
77 West Washington Street
Chicago, Illinois
for the Petitioner

Norman P. Glass, Esq.
Office of the General Counsel
Post Office Department
Washington, D. C.
for the Respondent

INITIAL DECISION OF HEARING EXAMINER

The Berean Bible Society through its President, Reverend Cornelius R. Stam, applied to the Post Office Department for second-class mailing privileges for "The Berean Searchlight," its publication, issued eleven times each year, without charge to anyone who asks for it, and without advertising except for itself and the Berean Bible Society.

The application was denied by the Director, Classification and Special Services Division, Post Office Department for the following reasons:

The evidence presented with the application establishes that the Berean Bible Society is a non-profit organization established to promote religious education through study of the Bible, by dissemination of literature, by Bible lectures, by radio programs and by any other means which the Society may determine. While these activities are of a religious nature, it has not been established that the Society is a church or church organization within the meaning of Section 132.232, Postal Manual (Section 4355, Title 39, United States Code).

An appeal was duly perfected and a hearing was held in Chicago, Illinois, a summary of which follows:

Reverend Cornelius R. Stam testified that he is an ordained and licensed minister of the Gospel and President of The Berean Bible Society; that he has been pastor of two churches; that he conducts religious services five days a week (Monday through Friday), at the building owned by the Berean Bible Society; that these services consist of a bible sermon, prayers and some discussion; that he gives counsel to people who ask for it, buries the dead and performs weddings, and (by stipulation) discharges duties similar to and actually those of a pastor of a church (Tr. 16). In addition he is the editor of The Berean Searchlight, the publication here in question, he prepares tapes for radio broadcasts (some 31 stations are mentioned on pp. 604-605 of The Berean Searchlight) (Ex. 1 to the Petition), and one tape transcription for a daily bible lesson by telephone (Tr. 21). He also furnishes New Testaments (on request), and some 16,000 32-page bible studies each month, all free of charge (Tr. 22); that a chapel will be built in the present quarters of the Society (Tr. 26).

On cross-examination, Reverend Stam testified that he had obtained the services of an attorney to incorporate the Society, that he knew nothing of the law, that had he known there was an incorporation act for religious organizations he would certainly have tried to incorporate in that way. (Rather than under the Not-For-Profit Act) (Tr. 34). He explained that as a pastor of a church he also carried out bible education in a small way (Tr. 34); that he does not know of any other Bible Society that would be an adjunct to a denomination (Tr. 43) and that other Bible Societies do not hold themselves out to explain Bible lessons and answer questions (Tr. 41); that the word "Society" is used by the Society of Friends, a church, and others (Tr. 44); that the Berean Bible Society does not meet on Sunday or Saturday, but on other weekdays (Tr. 45); that the provision in the by-laws regarding one annual meeting of members refers to the Board of Directors (Tr. 46); that present attendance at religious meetings is eight to fifteen people, but that more are hoped for when more room is available; that the witness, Reverend Stam, and the maintenance man live in apartments on the premises (Tr. 47); that "tapes" are broadcast on Sundays in groups that are starting churches which have no pastor as yet (Tr. 48); that he is a licensed and ordained minister, authorized to perform marriages and conduct funerals (Tr. 49).

The Petitioner then offered two additional witnesses, Rev. Clarence E. Kramer, and Rev. C. Robert Johnson, pastors, respectively, of the North Shore Church in Chicago, and of the Parkridge Bible Church, Parkridge, Illinois. Each of these gentlemen testified that he was an ordained and licensed minister of a Protestant Church, that he was familiar with the Berean Bible Society and its activities and that in his opinion the Berean Bible Society is a "church" and is conducting all the activities of a Christian Church.

The Petitioner thereupon rested.

The Government then proffered the testimony of Mr. Thomas P. Griffin, an employee of the Chicago Post Office, who stated that the application of the Berean Bible Society was duly filed and processed in that office and received as an application for second-class rates; that the Society is maintaining deposits sufficient to cover postage at the third-class rate pending a final decision as to the status of the publication, and that about 15,000 or 15,500 copies of the publication, per issue, are being mailed (Tr. 75, 76).

The Government thereupon rested.

The relevant exhibits in this case (Exs. 1, 4, 8 and 9 to the Petition) consist of a copy of The Berean Searchlight for November 1966, a photocopy of the Articles of Incorporation of Berean Bible Society, a picture of the Berean Bible Society's front window, and a Doctrinal Statement, also set forth as Appendix 1 to this opinion. The Berean Searchlight consists of a small magazine approximately 4 3/4" by 6 1/2" containing some 29 pages of articles on the Christian Religion, a "mailbag," requests for contributions and investments, a list of radio broadcasts, and a price list of religious writings. It contains no advertising except that for the Society and the writings, and is sent without charge to anyone, on request. The Articles of Incorporation state the purposes of the Society to be:

To promote religious education and to promote the study of the Holy Bible by the dissemination of literature, by Bible lectures, by radio programs, and/or by any other means which the society shall determine.

The front window of the Berean Society contains the following legend:

ATTEND OUR                                           BEREAN
NOON DAY                                              BIBLE SOCIETY
SERVICES                                                *************
                                                                 B I B L E S
                                                                 BIBLE STUDY HELPS

The Doctrinal Statement (Appendix I hereto) appears to be a statement of fundamental Christian principles with the exception of the doctrine of water baptism. The Statement cites Biblical authority for its position, affirms baptism as the operation of the Holy Spirit, but denies water baptism.

Other exhibits, including ordination certificates of Rev. Stam, President of the Berean Bible Society, and the letter of the Post Office Department denying second-class mail privileges were covered by the testimony in this case. It will be observed that the ruling of the Post Office Department states:

"While these activities are of a religious nature, it has not been established that the Society is a church or church organization within the meaning of Section 132.232, Postal Manual (Section 4355, Title 39, United States Code)."

From the statement in paragraph 5, Articles of Incorporation, supra, the conclusion of the Department as expressed by its Director, Classification and Special Services Division (Ex. 2 to the Petition) appears to be justified. Nevertheless, the particulars of the operation of the Society as brought out in the testimony at the hearing would lead to a contrary conclusion. Two purely technical matters must be disposed of, i.e. the word in the title, "Society," and the incorporation under the "Not-For-Profit" incorporation act rather than the Religious Incorporation Act. Administrative notice is taken of the fact that the Society of Friends is recognized as the Quaker Church, which is accorded full recognition as such. The term "Society" may or may not represent a "church."

The explanation of Rev. Stam with respect to the "Not-For-Profit" incorporation act (Tr. 33, 34) is perfectly logical, and the action of his attorney in incorporating the Society under the "Not-For-Profit" Act was also understandable. The fact remains, however, that a "church" may be incorporated under a "Not-For-Profit" law and still be a "church," its actions, rather than its title or incorporation must determine its character.

The attorneys for both sides have presented skillful and exhaustive briefs on the issue in this case.

The facts and exhibits in this case present an exceedingly difficult one to decide. A reading of the articles of incorporation, and particularly the purposes set out therein would indicate that the Petitioner is an organization primarily and solely concerned with teaching the Bible, and possibly in selling copies of that work. Further, the fact that the Berean Society has no regular congregation, but merely holds services for small number of people (8 to 15) on weekdays (Monday through Friday) with no proof that these people are regular attendants would indicate that this is not a "church" as mentioned in the statute (39 U.S. Code 4355). ^1/

On the other hand, as stated above, the articles of incorporation and the purposes stated therein, narrowly construed, must give way before the actual practices of the corporate entity within the broad purposes (and/or by any other means which the society shall determine) recited in the articles of incorporation. Measured by this rule it is apparent that the Berean Bible Society is endeavoring to carry on church services, to spread the Word of God and to educate people in the Christian Bible. Further it was stipulated that Reverend Stam discharges the duties of a pastor of a church (Tr. 15) in counselling, discussing problems with people, conducting funerals, performing marriages and so forth. The size of his congregation, 8 to 15 people, and the regularity of their attendance would appear to be immaterial in view of the fact that all church congregations must have a beginning, and it must be assumed that congregations of the Corinthians, the Ephesians and others who were the special consideration of Paul the Apostle originally were very small groups which gradually grew into large "churches." It is the custom today for some Christian groups, e.g. the Roman Catholics and the Episcopalians, among others, to found "Mission Chapels" or churches in areas not previously served by them, and these chapels or churches must be regarded as "churches" within our laws.

It is true that the Berean Bible Society is not so affiliated with any church or denomination, but it must be regarded as a valid Protestant organization similar in most respects to the Evangelical churches founded from time to time. It has received the support of pastors of other established churches who have preached there, and who have testified that it is a church.

Respondent has made several other points to wit:

a. The Society is required to hold a meeting of members only once per year.

b. The Society is not affiliated with any church or church organization.

The matter of one annual meeting obviously applies to a true not-for-profit organization such as a cooperative purchasing or sales organization. Such meetings are true corporate requirements in order that the participating members who sell their products or buy commodities through the cooperative corporation may learn the financial status of the organization at least once in a year, usually after the books are closed on a fiscal year. That requirement is satisfied for a church by a meeting of its trustees, vestry or directors, it is not contemplated that any such meeting would displace religious services.

The matter of affiliation with any other church, order or religious organization appears to be immaterial. Again delving into history or tradition, it must be assumed that the organization of disciples or believers headed by Peter the Apostle in Jerusalem after the death of Christ could not have been affiliated with any other Christian sect since there was no other. Yet it must have been a church within the general meaning of the term. As stated in the Initial Decision of the Hearing Examiner in the case of Mission To Mexico, P.O.D. Docket No. 2/129 "Webster's New International Dictionary, Second Edition, Unabridged (1953) includes the following definitions of the word 'church' when used in the sense other than the place of worship:

A body of Christian believers holding the same creed, observing the same rites, and acknowledging the same ecclesiastical authority, regarded as either the only true representative, or as a separate branch of the church universal , and often confined to limits territorial or historical." (underscoring supplied)

* * * * * * * * *

and in that case the representative of the "Mission" stated that it has no connection with established churches, and that it is not an integral part of any other church.

The part of the dictionary definition underscored above "or as a separate branch of the church universal" appears to be applicable to the Petitioner her.

The matter of disciplinary control of members who fail to conform to the rules would seem to be consistent with such powers in many other churches, i.e. it is limited to exhorting and advising the apostate or backslider to see the error of his ways and to return to his religious duties. The power of excommunication need not be a mandatory requirement to effective ecclesiastical disciplinary control.

In view of all the testimony and the exhibits, it is the conclusion of this Hearing Examiner that the Petitioner is a church or church organization within the meaning of section 4355, Title 39, United States Code. Accordingly, the following facts are found:

1. The Berean Bible Society is incorporated under the Not-For-Profit incorporation act of the State of Illinois.

2. The Berean Bible Society is an organization that holds religious services regularly, on five days each week, by its president, Reverend Cornelius R. Stam, a duly licensed and ordained minister of the Gospel.

3. The Berean Bible Society engages in publishing a magazine and radio broadcasts and tape recordings in Bible instruction and education.

4. The Berean Bible Society assists in founding church congregations by furnishing tape recordings of religious services and Bible study.

5. The term "Society" used in Petitioner's title is consistent with existence of a "church."

6. The Berean Bible Society publishes a Doctrinal Statement that is essentially Christian in character.

And the following conclusion is drawn from the exhibits and the evidence:

The Berean Bible Society is a "church" within the meaning of section 4355, Title 39, United States Code.

Proposed findings of fact and conclusions of law not within the purview of the findings and conclusions herein stated are rejected as immaterial and irrelevant.

It is recommended that a second-class mailing permit be issued to the Berean Bible Society for the publication "Berean Searchlight."

/s/

1/ Sec. 4355. Conditions for entry of publications of certain organizations

(a) Mailable periodical publications meeting the first three conditions of section 4354(a) of this title are entitled to be entered and mailed as second class mail when they do not contain advertising other than that of the publisher and if they are--

* * * * * * * *

(9) published by a church or church organization.

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