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Corporation's Counsel Hits Discrimination Law

But Shaw Declares University Believes in Principle of Law Despite Its Opposition to It

By Rudolph Kass

Legislation to enforce fair educational practices in Massachusetts' schools and colleges is unnecessary, unworkable, and "would put an intolerable burden on universities' admissions offices," Oscar M. Shaw '26, Counsel for the Corporation, told the General Court's Education Committee yesterday on behalf of Harvard University.

Shaw emphasized that Harvard College and the graduate schools agree with the principles of S 133, a bill to eliminate discrimination by educational institutions in the state on grounds of religion, race, color, or national origin.

"No Quota System"

"We practice what the bill preaches," Shaw said. "No division of the University employs a quota system. We make no inquiries on our entrance application blanks intended to elicit information which could be used to unfairly discriminate against a candidate for admission."

The bill in consideration at the two day hearing in the Gardiner Auditorium of the State House is unnecessary, Shaw claimed, because the bulk of the evidence mustered in favor of S 133 referred to small business, secretarial and trade schools rather than universities and colleges.

"Hard to Determine"

Why an individual is not admitted to a college is often not clear cut and it would be extremely difficult for an administrator of the act to determine whether discrimination was in play in certain cases or not, Shaw said.

"Under the act every disappointed student could claim he was being discriminated against. To disprove such a charge, an investigating commission would conceivably have to review the applications of all the admitted students to see whether the preference given them was just."

Med School Questioned

When questioned specifically about the entrance policy of the Medical School by Representative Maurice A. Donchue of the Education Committee, Shaw replied that the Medical School selects its students entirely on merit.

"S 133 oversimplifies the complex business of selective admissions," said Paul M. Chalmers, assistant director of admissions at M.I.T., who stated his institution's opposition to the bill.

Only 2 Hear Opponents

Williams College, Andover, and Wheelock College also went on record against the fair education practices bill.

The opposition to S 133 testified only briefly before but two members of the Education Committee, whereas the proponents of the bill spent two and a half days presenting their case to a fully manned committee. The personnel of the Education Committee was depleted early in yesterday's hearing by pressing business in the Senate and the House of Representatives.

Favorable Report Likely

It is likely, therefore, that the Education Committee, which reacted sympathetically to the affirmative arguments on S 133, will report favorably on it. Some 25 legislators have gone on record in favor of the ball; none have registered opposition.

Most of the testimony in favor of S 133 was collected by the Massachusetts Committee for Equality in Education, which summoned more than a dozen witnesses who had encountered racial and religious discrimination in their personal dealings with educational organizations in the Commonwealth.

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