College

An organized collection or assemblage of persons. A civil corporation, society, or company, having, in general, some literary object. The assemblage of the cardinals at Rome is called a college. The body of presidential electors is called the electoral college, although the whole body never come together. A qualified person is prima facie entitled to register as a student in a university; Gleason v. University, 104 Minn. 359, 116 N. YV. 650; but in Dartmouth College v. Woodward, 4 Wheat. 518, 4 L. Ed. 629, Marshall, C. J., said: "No individual youth has a vested interest in the institution which can be asserted in a court of justice." Refusal of an incorporated medical college to admit negro students does not deny them any constitutional privilege, for private institutions of learning, though incorporated, may ' select those whom they will receive, and may discriminate on account of sex, age, proficiency in learning or otherwise r Booker v. Medical College, 156 Mich. 95, 120 N. W. 5S9, 24 L. R. A. (N. S.) 447. Mandamus was held the proper remedy to remove a professor after the professorship had been abolished; People v. Medical College, 10 Abb. N. C. (N. Y.) 122; or to prevent an application on behalf of a colored boy to be admitted; State v. Maryland Institute, 87 Md. 643, 41 Atl. 126; or to compel the admission of a woman as a student in a law college; Foltz v. Hoge, 54 Cal. 2S; or to compel the admission of a doctor to the College of Physicians; 4 Burr. 2186. But it will not lie, on the relation of a medical college, to compel the State Board of Medical Examiners to recognize it as a medical institution in good standing; State v. Coleman, 64 Ohio St. 377, 60 N. E. 568, 55 L. R. A. 105. A college cannot dismiss a student without cause; Booker v. College, 156 Mich. 95, 120 N. W. 589, 24 L. R. A. (N. S.) 447; mandamus to reinstate a student who has been expelled has generally been refused; Dunn's Case, '.> Pa. C. C. 417; a college may forbid its students to join a secret society, and a student who does so may be expelled; People v. College, 40 111.

1S6.

Where a college degree was withheld from a student who had satisfactorily passed his examinations, mandamus was refused in State v. Medical College, 128 Wis. 7, 106 N. W. 116, 3 L. R. A. (N. S.) 1115, 116 Am. St. Rep. 21, 8 Ann. Cas. 407; People v. School, 6S Hun US, 22 N. Y. Supp. contra, People v. Medical College, 60 Hun 107, 14 N. Y. Supp. 490, affirmed in 12S N. Y. 621, 28 N. E. 253, it appearing that the re- 294, 17 L. R. A. (N. S.) 930. The reason for granting the writ is usually a so-called contractual relation arising between college and student on matriculation; but such relation was denied in 31 Law Jour. 119, where an action for breach of contract was brought The better view is said in England to be that the sole jurisdiction to settle such questions rests in the visitor to the college or university, and not in the courts; 33 L. J. Rep. (Ch.) 625. Mandamus will not lie to compel a college to issue a diploma; State v. Medical College, 128 Wis. 7, 106 N. W. 116, 3 L. R. A. (N. S.) 1115, 116 Am. St. Rep. 21, 80 Ann. Cas. 407. A diploma is not necessary to granting of a degree, for a vote that a degree be conferred on a person invests him with such degree ipso facto; Wright v. Lanckton, 19 Pick. (Mass.) 2S8. An instructor's relation with a school is ordinarily a purely contractual one; Butler v. Regents of University, 32 Wis. 124; Trustees of University v. Walden, 15 Ala. 655; Board of Regents v. Mudge, 21 Kan. 223. In the absence of a statute providing the manner for the dissolution of a college corporation, it may dissolve itself by a voluntary surrender of its franchise; People v. College, 3S Cal. 166; and while a palpable misuse of the powers is ground for its dissolution; State v. College Co., 63 Ohio St. 341, 58 N. E. 799, 52 L. R. A. 365; a partial decay of one department, caused by students refusing to take that special course, would not be ground for forfeiture; State v. College, 32 Ohio St. 487. A statute providing that credit for certain purposes is not to be given to students who are minors attending a college, unless the assent of some officer of the college be obtained, is a proper exercise of legislative functions; Soper v. College, 1 Pick. (Mass.) 177, 11 Am. Dec. 159; Morse v. State, 6 Conn. 9; 18 Q. B. 647. The board of regents of a state college cannot exact a fee of students to be used for maintenance of the Y. M. C. A. or Y. W. C. A.; Connell v. Gray, 33 Okl. 591, 127 Pac. 417, 42 L. R. A. (N. S.) 336. Notwithstanding the agreement of a university to educate five boys without cost, to be appointed annually by the mayor of a city, in consideration of exemption from taxes, it may charge a free student a laboratory fee to cover material actually used and destroyed by him in the laboratory courses; City of New Orleans v. Board of Adm'rs, 123 La. 550, 49 South. 171. In a suit for injuries suffered at a university foot ball game by the collapse of the seats, the game being under the auspices of a university athletic association, it was held that it was a branch of the university; George v. Athletic Ass'n, 107 Minn. 424, 120 N. W. 750. fer degrees will be restrained from describing his school as a university; it appearing that by the use of the name "University of Philadelphia" persons intending to correspond with the "University of Pennsylvania* were misled, the latter institution was entitled to protection against the use of the word "university"; Com. v. Banks, 198 Pa. 397, 48 Atl. 277. A business college is not entitled to exemption from taxation as a general educational institution; Parsons Business College v. City of Kalamazoo, 166 Mich. 305, 131 N. W. 553, 33 L. R. A. (N. S.) 921.

See Degree.