Arboretum Suit Accounted Little Hope for Success

Ten supporters of the Arnold Arboretumn apparently have little chance of succeeding in their efforts to bring suit against the University because it transferred parts of the Arboretum to Cambridge, it was learned last night.

The dispute was taken before the state Supreme Court Wednesday by the Arboretum supporters, who are seeking to force Attorney General George Fingold to institute action against Harvard for alleged breach of trust. Since Harvard is a public, rather than private trustee of the Arboretum, any such action claiming breach of trust must be instituted by the Attorney General.

The objection is to the shift of major parts of the Jamaica Plain Arboretum library and herbarium to the new Botany building on Divinity Avenue. An arboretum, the supporters claim, should consist of a library and herbarium, as well as growing plants. Thus, they contend, the transfers to Cambridge are detrimental to the Arboretum.

Fingold's Argument

The Attorney General's counter-contention, however, is that no trust was broken by the transfer, since one of the primary purposes of the 85-year-old endowment was education. Further, it was originally intended to build the Arboretum in Cambridge, but this was not practical at the time.

To succeed in their present efforts, the supporters must get two positive verdicts from the court: first, that they have the right to challenge Fingold's decision that it is not in the public interest to bring the suit, and second, that there is an actual breach of trust.

It is believed doubtful that the court will rule in the objectors' favor on the first count, on which a decision is expected within a month.