State Declines to Pursue Indian College Trust Case

Massachusetts Atty. Gen. Francis X. Bellotti has decided not to press charges against Harvard in the Indian College trust case.

The case, which has been under consideration by Bellotti's office for two years, involves claims by the Native American Student Association (NASA) that Harvard violated a 1653 agreement obligating the University to provide rent-free rooms for Indian students.

Asst. Atty. Gen. Robert M. Bonin, who investigated the case, said yesterday that there doesn't appear to be evidence of bad faith or breach of trust on the part of Harvard."

Bonin said that he reached this conclusion after reviewing all the relevant documents submitted by Harvard and NASA and after meeting with both parties.

Daniel Steiner '54, general counsel to The University, Wednesday called the decision "an appropriate outcome," but John T. Williams, attorney for NASA, said he was disappointed.

"I really thought Bonin might see it the other way," Williams said.

Williams said Bonin cited the 300-year lapse between establishment of the initial trust and the NASA action, as well as his finding that no breach of trust had occurred, as reasons for not pressing charges.

Williams and Bonin agreed that a principal problem was the lack of available information. "Each side had its own historians with their own interpretations," Williams said. "But we couldn't reproduce the facts after so many years."

Williams also said yesterday, however, that NASA will continue to press the attorney general's office to bring suit against Harvard for its handling of the Williams, Stoughton and Sewell bequests, three small 18th century scholarships set up for Indians.

The Indian College dispute stemmed from a bequest of between 200 and 400 pounds made to Harvard in 1653 by the British Society for the Propagation of the Gospel in New England. The money, which almost doubled Harvard's endowment, was earmarked for a dormitory to house Indian students.

When this dormitory, the "Indian College." was torn down in 1696, Harvard petitioned the Society for permission to use the bricks to build a new structure. The society agreed on the conditions that Indians "should enjoy their studies rent-free in such a building."

NASA has claimed that Harvard never used the building for its designated purpose and therefore owes Indians the original endowment and 300 years of interest, a total of $2.5 million. NASA asked that the money be used to set up 20 scholarships for Indian students.

Harvard has insisted that it could not find sufficient Indian students to fill the building, a claim Williams yesterday called "incredible."