Brother Kirton read a statement which had been approved by Brother Romney and Brother Hunter.

President Tanner said that in the discussion it was pointed out that there is provision for the President of the Church to be removed from office on account of transgression or misconduct, but no other provision.

President Tanner stated that in the discussion Brother Romney had raised a question regarding the authorized agents when they were appointed, and that Brother Kirton had answered the question that President Brown and President Tanner were appointed authoirized agents some years ago, and that appointment is registered with the [Utah] Secretary of State.

President Tanner said that because President Brown had not returned he felt it was not wise to take this up with the Council, but said he would like to have done it Wednesday at the General Authorities meeting. He stated, however, that when they attended the Wednesday meeting they were not ready to present the matter at that time because they thought that the additional information that had been received should be discussed with the Presidency and the Twelve and a full and complete understanding reached here.

President Tanner said that after President Brown returned they were talking with Brother Kirton about another matter, and that he, President Tanner, said he thought this should be dealt with, [and] that Brother Kirton then went over this and explained the position that he set forth in writing in the memorandum.

President Tanner said that in order to be more positive and assured regarding the feelings of the family he thought it might be desirable to call Dr. Edward McKay and talk to him about this. Accordingly President Brown called Dr. McKay by telephone and President Tanner and he talked to him over a conference phone, that President Brown was on one phone and he [Tanner] was on the other, and President Brown told Edward what Lawrence's position was, and he said that he had supported Lawrence in this, and he felt that the situation was as explained by him.

President Tanner said, "Edward, is this the thing you would like us to do?" And he said, "No, but I think it is the thing that has to be done."

President Tanner said that in order to do more than depend on the family, and put the family in that awkward position it was decided to phone Dr. Alan P. MacFarlane, President McKay's physician. This was done and Dr. MacFarlane said that he would give us a letter stating his position.

President Tanner then said he would like Brother Romney and Brother Hunter to say anything they wished to about the matter. President Tanner said that to sum it up the position is this, that the majority of the First Presidency has to carry on as far as the Presidency of the Church is concerned as the administration, and as far as the corporation of the President is concerned President Brown or himself, President Tanner, may act as authorized agents.

Elder Romney said that he understood it the same way, that as far as the Corporation of the President is concerned, President Brown and President Tanner can serve as agents. He had read the appointment that was issued by President McKay appointing these two brethren agents of the Corporation. He said that he was in harmony with Brother Kirton's and President Tanner's statement as well as Brother Hunter's, as he understood it, that that is legally sound.

Elder Hunter said that their discussion on this was from the standpoint of the Corporation, not the religious aspects of it. He said that the general rule of agency is if the principal becomes mentally competent, then the power of attorney for the agent to act terminates, but the rule seems to be different with respect to a corporation sole under the law of Utah. He said they read the statute on it, and all of them concluded from reading the statute and examining it that the authority given to the agent to act for the corporation of the President does not terminate upon incompetency; only upon revocation, and therefore he thought they were all in harmony as to legal consequences.

Elder Romney stated that an amendment went into the law in 1947 that the agency persists until it is terminated, and that was at the time when President (J. Reuben] Clark was first counselor to President [Heber J.] Grant and President [George Albert] Smith, during which time President Clark had to act.

Elder Lee mentioned the fact that the President is sustained as Trustee-in-Trust. Elder Hunter stated that as Trustee-in-Trust there are many things that might be in his name as trustee for the Church and that constitutes a trust, but the Corporation of the President is a separate entity, and it is an entity within itself.

Elder Lee asked if as Trustee-in-Trust he holds legal title to the properties of the Church.

Elder Hunter said there may be some things that he would hold as trustee. Elder Lee then asked how much of that has been dissipated by this other entity which delegates to someone else.

Elder Hunter said that everything in the Corporation is not in the trust. The President is the Corporation and upon his death his successor has become the Corporation.

Elder Lee then referred to the instrument where President Brown and President Tanner are agents. Elder Romney said that President McKay issued it and appointed these brethren to represent him; that anything you put into that Corporation is in it, and what you have not put in is not in it.

Elder Lee said that apparently they were talking of three different matters, two of them are legal points; that we have the Trustee-in-Trust and the Corporation of the President, and this new holding corporation in which the President has delegated agents to act in his stead.

He said these are legal matters, but now there is another matter that pertains to the ecclesiastical relationship of counselors, and he thought the [health of the] President is a very important issue. He called attentionto the 107th Section of the Doctrine and Covenants. . . .

Elder Lee said that when this question came up back in the days when Brother McKay apparently had some concern, he requested that David Yarn research this very question, which he did, and prepared this article which appeared in the Improvement Era in January, 1964. . . .

Elder Lee said the situation is not different from what it was in the last months of President Grant's life, or different from the experience of President George Albert Smith, that we had exactly the same condition with them that we have with President McKay. He said that when this situation developed President Clark held to this very fine delicate principle, that he would never sit in the place where the President had sat. . . .

President Tanner then reported that at the latest meeting of the Presidency the conclusion was reached that the President is the only one who has the power to delegate the sealing power; therefore, during this time it was felt that nothing can be done about giving or taking away the sealing power.

Elder Lee further stated that in routine matters before the determination of a new policy, until the President acts, he thought that none of us, not the first counselor or the second or both counselors, or any of us can determine a new policy or new changes without the President of the Church until the Lord releases him. He said we have a very sacred responsibility to preserve the place of the President of the Church, that the Lord appointed him, and the Lord has to release him, as he understood. He said that we must have these things in mind, but as far as the legality of doing business under this corporate set-up, this is a separate matter from the ecclesiastical situation. . . .

Concerning President McKay's signature on correspondence, Elder [Gordon B.] Hinckley asked if it was the intention to continue to place his signature on correspondence. President Tanner said definitely not, that from now on all correspondence will be signed by President Brown and President Tanner, or by one of them; that all legal documents will be signed by one of them as an agent. He thought that correspondence should not have his name placed upon it nor should his name be placed on documents when he does not know what is being done.

Elder Hinckley then raised the question about missionary calls. It was mentioned that all these calls go out with President McKay's signature on them. President Tanner said that in discussing this matter it was felt that nobody could be hurt by that being done; the same with the payroll, etc. It was the feeling that those should be permitted; that when it comes to the other question of signing for missionaries, he did not know that had been discussed.