Wallace

Application for a peremptory writ of mandate compelling respondents to admit petitioner to enter himself as a student at large in respondent corporation.

The facts may be briefly stated as follows:

Petitioner applied to be entered in the University of California as a student at large for the term beginning on or about August 14, 1925, and to receive regular tuition therein. He had complied with all the requirements prescribed by respondents to entitle him to so enter, save and except that he refused to submit to vaccination against smallpox, or offer proof of previous vaccination, for which reason his application was denied. In their answer to the petition respondents admit that every person in attendance as a student at respondent institution was and is now required, by a rule or regulation imposed or adopted by the Regents, to provide satisfactory evidence to the authorities in charge of the University that he has been successfully vaccinated against smallpox within seven years prior to- his application for admission. It is then alleged in substance .that the reason for refusal of petitioner’s request was due to the fact that he had not complied with the rule in question.…