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College

medical, student, people and mandamus

COLLEGE. An organized collection or as semblage of persons. A civil corporation, so ciety, 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 ; Glea son v. University, 104 Minn. 359, 116 N. W. 650 ; but in Dartmouth College v. Wood ward, 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 ne gro students does not deny them any con stitutional privilege, for private institutions of learning, though incorporated, may se lect those whom they will receive, and may discriminate on account of sex, age, pro ficiency in learning or otherwise ; Booker v. Medical College, 156 Mich. 95, 120 N. W. 589, 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 Col lege, 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 admis sion of a woman as a student in a law col lege; Foltz v. Hoge, 54 Cal. 28; 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 Examin ers 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, 9 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 Ill. 186. Where a college degree was withheld from a student who had satisfac torily passed his examinations, mandamus was refused in State v. Medical College,128 Wis. 7, 106 N. W. 116, 3 L. R. A. (N. S.) 111P, 116 Am. St. Rep. 21, 8 Ann. Cas. 407 ; People v. School, 68 Hun 118, 22 N. Y. Supp. 663 ; contra, People v. Medical College, 60 Hun 107, 14 N. Y. Supp. 490, affirmed in 128 N. Y. 621, 28 N. E. 253, it appearing that the re fusal was merely arbitrary ; and so in State v. Medical College, 81 Neb. 533, 116 N. W.