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UNIVERSITY TAKES "OPEN-MIND" STAND IN BEER QUESTION

Cambridge Solicitor Says Dining Hall Sale Is Public Sale--Old Law Recalled Against Sale Near Schools

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"The University has an open mind about the question of serving beer in the dining rooms," declared W. I. Nichols '26, director of the University Publicity Bureau, last night. "No action will be taken by College authorities until the Massachusetts Legislature has passed laws relative to the sale of beer Then, if the sale of beer is legal, careful consideration will be given to both sides of the question."

University authorities yesterday hustled into conference following student objection to the assertion of R. L. Westcott '14, manager of the dining halls, that, in his opinion, the sale of beer would be "against the University's policy." The ensuing declaration of the "open-mind" policy was accompanied by a reminder that, contrary to popular impression, the University had never served beer in its regular dining halls even in the days before the national prohibition amendment.

Public Or Private?

When approached on the legal questions involved in the sale of beer in the University dining halls, E. L. Toomey, solicitor of Cambridge, said that no definite statement could be made until the Massachusetts Legislature acts next week. "If the legislature passes a law legalizing the sale of 3.2 per cent beer throughout the State," he said, "and if it includes no clause permitting a local option, the Cambridge prohibition ordinance will be automatically nullified and there won't have to be any city voting on the matter." The solicitor stated further that if Cambridge were given the opportunity to exercise local option over the sale of 3.2 per cent beer, the Harvard dining halls could not evade any prohibitory ordinance by claiming that their sale was "private" sale. "Sale in the dining halls would probably constitute public sale," he said.

Another legal obstacle to the sale of beer was brought to light by merchants on the Square who recalled that a local law prevailed forbidding the sale of all intoxicating beverages within a certain distance of religious and educational establishments. At a late hour last night, city officials were unable to state definitely whether Harvard would be affected by such a restriction.

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