"This is not an attempt to initiate a witch-hunt," Rep. Joseph M. Kearney (D.-Mattapan) averred yesterday as he testified in favor of a bill that would set up a conmmission to investigate "overt encouragement of civil disobedience by instructors at the University of Massa chusetts at Boston."

Kearney and Rep. John F. Melia (D.-Brighton) drew up the bill after last Oct. 16th's rally at the Arlington Street Church in which 280 draft cards were burned or turned in. Melia claimed yesterday that he decided to sponsor the bill when an irate parent complained that his daughter's professor had offered to excuse from classes any student who wished to participate in the demonstration.

The representatives were speaking at a hearing of the Education committee of the House. The committee will decide whether to approve the bill--and informed cources indicate that they will--and pass it on to the House.

During the hearing, Kearney read from some "disgusting" literature which had been distributed on the Boston Campus. The literature was a Resistance pamphlet announcing the Oct. 16 demonstration and urging a halt for "the system of war."

Kearney then played a tape, made allegedly "on Oct. 9th at the University in Room 716" of speakers uring civil disobedience. At one point a voice said, "The Resistance is coming. It's going to be big. It's going to be very big."

A third supporter of the bill told the committee that his daughter, a high-school senior, had just gotten back her college boards. "She did very well," he said, "about 550 or 600, but I'm thinking very seriously about not allowing my daughter to go to the University of Massachusetts."

Mass, CLU Opposed

Two professors spoke in opposition to the bill, Louis Osborne, professor of physics at M.I.T., and James L. Adams, professor of Christian Ethics at the Divinity School. Osborne, also chairman of the Academic Freedom Committee of the Civil Liberties Union of Massachusetts, said there is a correlation between the universities considered to be good and the amount of academic freedom allowed their faculties.

Both he and Adams questioned whether burning draft cards is a crime. Adams defined civil disobedience as a means for expression of conscience against public policy and a way of focusing attention on an issue the individual feels should be studied.

A criminal wants to hide his act and escape punishment, Adams said, but a person committing civil disobedience wants to publicize his act and be punished for it.

Adams said there should be no difference in the amount of freedom allowed state and privately-employed professors, but committee members repeatedly said there should be a distinction in the responsibilities of the two groups.

According to an informed observer, there is "considerable nervousness" at the University of Massachusetts over the possible investigation. The Chancellor is currently hoping for favorable action by the legislature on budget and site requests.