House May Ask Court To Give Opinion on Bill

The Massachusetts House of Representatives will almost certainly postpone action on the anti-Communist teachers bill in order to ask the State Supreme Court to give an advisory opinion on the bill's constitutionality.

A motion to this effect will be made before the House votes on the bill today, Rep. John P. McMorrow '47 (D) of Suffolk, sponsor of the measure, said yesterday. The constitutional question centers around the main feature of the bill, which would compel private colleges to dismiss teachers who refuse to answer questions.

concerning their Communist affiliations.

McMorrow expected the motion to pass the House without any difficulty. The Supreme Court would then take about three weeks, he estimated, to reach a decision.

The eventual fate of the bill depends upon the Court's decision. McMorrow said. If the justices maintain that it would be a legal constitutional measure, it will definitely pass the House. Should the Court declare that it would be unconstitutional, however, the representatives would probably postpone action on any legislation of this sort indefinitely, he said.

Other Question

Besides asking for a postponement on a final vote, today's motion will also specifically ask the Court this question:

"Is it constitutionally competent for the General Court to enact a law for the discharge of any professor, instructor or teacher at any college, university, teacher's college, or public or private school in the Commonwealth who refuses... to answer questions pertinent to his past or present membership in the Communist Party..."

McMorrow said he definitely favored some kind of legislation which would limit the rights of teachers who employ the fifth amendment. "Everyone has the right to plead the fifth amendment," he claimed, "but not everyone has the right to teach."