Bryan v. Regents of the University

WILBUR, J.

The petitioner seeks a writ of mandate to compel the respondent to admit her to the University of California. The respondent is willing to admit her as a student providing she will pay the fee fixed by the respondent for nonresidents, amounting to seventy-five dollars a semester. This refusal of the respondent is in accordance with section 1394% of the Political Code and rules of the state board of regents adopted in accordance therewith. This section, adopted in 1921, reads as follows:

“An admission fee and rate of tuition fixed by the board of regents must be required of each nonresident student. The board of regents shall cause to be computed the actual cost to the university of maintaining one student in each of the respective courses of the several colleges for the period of one year. Each nonresident student shall be required to pay as the rate of tuition the sum provided for by the above computation for the particular course such student is following;

provided,

that the maximum sum to be paid shall not exceed five hundred dollars;

and provided, further,

that such sum may be remitted in whole or in part in the case of graduate students in other than professional colleges and schools. A nonresident student as used in this section shall mean any person who has not for more than one year immediately preceding Ms entrance into the university been a

bona fide

resident of the state of California.” (Stats. 1921, p. 541.)

[1]

It is contended that this legislation and the rule of the board of regents adopted in pursuance thereof violates article I, sections 11 and 21, of the constitution of the state of California. These sections prohibit the granting of privileges or immunities to any citizen or class of citizens “which upon the same terms shall not be granted to all citizens.” It is pointed out that all persons residing Avithin the state of. California except the children of transient aliens and of alien public ministers and consuls are citizens (Pol. Code, see. 51), and that, therefore, the petitioner is a

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