Rainey v. Malone

McCLENDON, Chief Justice.

Malone brought this (a mandamus) suit against the members of the Board of Regents, the President, Auditor and Registrar of the University of Texas, to compel his admission as a student of the University without paying a $1 “compulsory student fee” (popularly called “Student Union Fee”), levied by the Board of Regents under authority conferred by Subsection 19, § 2, of the 1939 general appropriation bill for the support of the several State institutions of higher learning. Vol. 2, Chap. 8, p. 310, H.B. 255, Special Laws Reg.Sess. 46th Leg., 1939. Malone had previously…