THEOLOGICAL SCHOOL AT STAKE IN COURTS

"The University is only indirectly concerned in the so-called Harvard-Andover dispute," said Professor James Hardy Ropes '89, last night when interviewed on the case which is at present before the Massachusetts Supreme Court. The contest has been in the air for some years and in the recent hearing, the attorney for the trustees of the Andover Theological Seminary is quoted as saying that the Visitors, the other party in the case, "would rather see Andover affiliated with Tufts, a Universalist institution, or with Holy Cross, a Catholic institution, than with Harvard."

The dispute is between the Board of Trustees and the Visitors Board of Andover Theological Seminary. It arose originally when a complete educational union between Andover and the Harvard Divinity school under the common name of the Harvard Theological School was arranged by the Trustees in 1922.

Objected to by Visitors

The Visitors Board objected to the union on the ground that Andover was an orthodox institution, while the Harvard Divinity School inclined toward Unitarianism. They claim they have the power to prevent the union on this ground.

Over a year ago the whole matter came up before a lower court, which appointed a Master, Frederick D. Field to investigate the case. Mr. Field who was Instructor in the Graduate School of Business Administration, held several hearings and his report, recently submitted, generally upholds the validity of the union.

Case Being Tried in Equity

The Visitors have brought a Bill in Equity before the Massachusetts Supreme Judicial Court, which names the Andover Trustees, the President and Fellows of Harvard College and the Attorney-General of Massachusetts. The latter two are only indirectly concerned in the dispute Professor Ropes pointed out, but they were represented at the hearing by Albert A. Shaefer '06 and Assistant Attorney-General Melville F. Weston L '22.

The Counsel for the Trustees was Harold S. Davis '01, while Thomas Weston '95 appeared for the Visitors. Mr. Weston, in his argument recited a brief history of the founding of Andover Seminary and attempted to point out the fact that the Visitors Board was endowed with the widest possible powers, that they "were to guard over the trust in every way, to see that it should always be administratered in accord with the original Calvinist intent of the foundation." The Visitors felt, he explained, that this provision gave them power to prevent the union with the Harvard Divinity School which the trustees had arranged.

In Accord With Founders' Wishes

Mr. Davis replied in the Supreme Court hearing, upholding the validity of the union. He admitted the fact that the Visitors did not approve of the plan. "Yet," he went on, "this plan of affiliation . . . is, I submit, as nearly as possible just what the original donors of these funds would most have desired, had it been possible in their lifetimes. Those donors had no animus against Harvard."

He went on to accuse the visitors by implication, of bad sportsmanship. He concluded by saying that, "the only power the Visitors have, I submit, is the power to set aside a rule or regulation. Now the Plan of Affiliation is neither a rule nor a regulation."

The court adjourned after the hearing, and decision is not expected for several months.