Fifth Amendment Privilege Debated By Sears, Howe

Professors who invoke the Fifth Amendment to the Constitution before Congressional committees have no place on a college campus, Samuel P. Sears '17, former president to the Massachusetts Bar Association, told a packed house in Temple Israel's Meetinghouse in Brookline last night.

In reply, Mark DeWolfe Howe '28, professor of Law, termed the use of the Fifth Amendment before such committees a legitimate exercise of Constitutional right. He emphasized that employment of the privilege against self-incrimination cannot be inferred as an admission of guilt.

Referring to members of the University faculty who have invoked the Amendment, Sears said, "If I were President Pusey, I wouldn't have them around. Nobody can tell a college who can teach there or who cannot, but we can have our ideas about a college which keeps on such men."

Howe called the decision of witnesses to invoke the privilege "perhaps a mistaken one. It is the better part of wisdom to talk" despite the danger of possible government prosecution, he said. "But I find it very hard indeed to say that the teacher who decides he will not talk can be charged with a grave abuse of his Constitutional powers."

McCarthyism Discussed

Answering Sears' challenge to name a single person who reputation had been damaged by McCarthy, Howe stated, "When McCarthy maligns President Pusey, he has at least sought to do injury. Is it to his credit he has failed?" he asked.

Verbal fireworks continued even after the meeting had officially concluded. As Howe left the stage, he was approached by Thomas Dorgan, clerk of the Suffolk Superior Court and a long-time critic of the University. Dorgan, red-faced with anger, began an impassioned attack on Howe's address and on University policy in general. "You're too legalistic," he shouted. "There are people over there who violated the Teacher's Oath and we're going to get them out of there. I mean business." With a parting blast, Dorgan charged, "The members of the Corporation are not honorable men. They smeared Philbrick."