Monday, Oct. 14, 1935

Harvard & the Law

An earnest but fastidious champion of academic freedom is James Bryant Conant. As president of Harvard he may turn down a Nazi's scholarship (TIME, Oct. 15, 1934) or protest a law requiring teachers to swear allegiance to Federal and State Constitutions (TIME, April 15). He may not involve the University in politics. Last week, therefore, Dr. Conant hurried home from a southern trip to quiet an equally earnest but less fastidious professor.

Bumptious Geologist Kirtley Fletcher Mather had been speaking on "The Twilight of Democracy" at the opening of an adult education centre. Among the adults present was Representative Thomas Dorgan, author of the Massachusetts teachers' oath law. In the course of a hot plat-form-to-floor argument, Professor Mather called the law unconstitutional, stoutly announced he would sign no oath. By the time Dr. Conant reached Cambridge, Professor Mather and a quickly rallied bloc of the faculty were champing to carry the case to the Supreme Court.

Quickly President Conant called in Professor Mather, pointed out that enforcement of the law is apparently left to the schools and colleges. "It is," he announced, "out of the question for Harvard as an institution to consider not obeying the law."

Pancake-flat fell Kirtley Mather's vision of becoming a cause celebre. Said he: "I shall, of course, comply with the law."

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