Opponents of Arboretum to Pursue Fight

Opponents of University's plan to consolidate is botanical facilities by moving parts of the Arnold Arboretum to Cambridge will continue their battle. Last week they met defeat in the Massachusetts Supreme Judicial Court on Technical grounds.

The petitioners, supported by the Association for the Arnold arboretum, had brought suit against the state Attorney-General, contesting his decision not to prosecute the University for alleged breach of public trust. Chief Justice Stanley E. Qua of the Supreme Judicial Court ruled that the Court has no legal right to review the decisions of the State's Attorney-General.

"In our opinion," the Court ruled, "the decision of the Attorney-General was a purely executive decision which is not review-able in a court of justice."

To Pursue Vigorous Action

"The precise steps to continue our attack on the University's plan will be determined by future meetings of the Executive Committee and the Board of Directors of the Association, but there can be no question that a vigorous action will be pursued," John T. Hemenway '46, president of the Association, said yesterday.

The Association's legal recourses seem to be exhausted. Under Massachusetts law there are only two alternatives for an inquiry into the actions of the University as trustee of the Arnold Arboretum. Either the Attorney-General can bring suit against Harvard for breach of public trust in removing Arboretum materials, or the University can apply to the courts for instructions concerning the legality of its actions.

The Attorney-General in July, 1953, refused to challenge the University's plan on the grounds that the trustee was acting "in good faith and within the bounds of reasonable judgment and sound discretion." In addition, the Corporation as yet has refused to apply to the courts for instructions.