Law Faculty Asks Harvard To Act on Hershey's Order

The Harvard Law School Faculty has formally asked the University to take what it termed "appropriate steps" to deal with Selective Service Director Lewis B. Hershey's recent directive on inducting war and draft protestors.

The Faculty passed the resolution--now reportedly forwarded to Administration members--by a substantial majority at its regular bi-weekly meeting last Tuesday, a Law School Faculty source said yesterday.

The resolution does not say what the Faculty would consider "appropriate steps." One law professor construed it to mean an official expression of concern about the directive from the Harvard Administration. Another said it implies an action similar to Columbia University's: barring military recruiters from campus until Hershey's directive is rescinded.

All the law professors interviewed yesterday agreed that in passing the resolution, the Faculty was taking an educational and legal position, rather than a political one. There was reportedly only passing reference to the Vietnam war in the debate.

The issue was Hershey's letter to the nation's draft boards in October recommending that any student interfering "illegally" with draft processes or military recruiting be stripped of his II-S deferment and reclassified I-A.

The Faculty's concern was that the directive made students' expressions of opinion on campus relevant to their draft status. Two professors said that they judged the Faculty to be unanimous in considering the directive "patently illegal" and its enforcement a "violation of civil liberties."

It is understood that the reason for keeping the resolution secret was the Law School administration's desire to avoid division in the University community should the Harvard Administration fail to act. "This is considered a private affair between the Faculty and the Administration," one professor said.

Both College and Law School officials refused to comment on the meeting or the resolution yesterday. Both Law School Acting Dean A. James Casner and President Pusey declined comment.