In the hearing before the Massachusetts Supreme Court in regard to the disposition of the $22,000,000 Gordon McKay Fund, President Lowell testified on Wednesday that the Massachusetts Institute of Technology, insofar as it offers instruction in the four main engineering subjects, is a department of the University. President Lowell explained that while Technology is not a part of the University to the extent that other departments are it is the Harvard School of Applied Science carried on at Tech.

The trustees of the estate object to the use which the University is now making of the $5,500,000 already received by it, and maintain that the intention of Mr. McKay is being defeated by carrying on the engineering courses under the roof of Technology instead of in the buildings and under the sole direction of the University.

President Lowell stated that the University had in no sense lost or abandoned control of the fund intrusted. He further declared that the equipment of the University was not adequate for the best kind of school, and that it was very difficult to set up a school in the vicinity of another already very successful in the same line.

Considerable light was thrown on the proposed scientific merger of the University and Technology in the hearing Wednesday. Judge Pierce said that he had supposed the question in contest was whether the fund should be administered by Harvard College and the instruction given in a department of the College. Charles F. Choate '88, counsel for the University, replied that the testator was to administer the fund, as it administered other funds. Mr. Choate explained that in the arrangement there is no surrender of the McKay Fund to Technology, as many suppose, that the title to it remains in the University. In other words, under the agreement, the University would carry on a Harvad School of Applied Science in Technology's building.

The hearing will be resumed today.