City of New Orleans v. Board of Administrators of Tulane Educational Fund

Citations

• 123 La. 550
• 49 So. 171
• 1909 La. LEXIS 742

Syllabus

<p>1. Agreement.</p> <p>The city of New Orleans released all claims it had on the property known as “Mechanics’ Hall” in order to aid the university to buy the building for its needs as a growing institution. '</p> <p>2. Agreement to Educate Free Students.</p> <p>The university, on account of this release, promised to receive five boys as students, to be appointed annually by the mayor.</p> <p>3. Registry Fee.</p> <p>A few years after the date of the agreement regarding the free tuition of the five boys, the. university charged the free students a fee each year of $15.</p> <p>4. Laboratory Fee.</p> <p>Id addition, it also charged a laboratory fee each year.</p> <p>5. Colleges and Universities (§ 9*) — Agreement to Educate Free Students — Right to Charge Registry Fee and Tuition.</p> <p>They cannot coexist under the terms of the agreement. Free tuition is a bar to the registration fee. The students appointed have a right to the tuition of the university without paying the registry fee.</p> <p>[Ed. Note. — For other cases, see Colleges and Universities, Dec. Dig. § 9.*]</p> <p>6. Colleges and Universities (§ 9*) — Agreement to Educate Free Students — Right to Charge Laboratory Fee.</p> <p>These students, admitted to the laboratory in the course of their instruction, it being a personal benefit, have a right to use instruments. For these, covered by the words “laboratory fee,” they owe the fee claimed.</p> <p>The demand for the registry fee is denied, and that for the laboratory fee is allowed.</p> <p>[Ed. Note. — For other cases, see Colleges and Universities, Dec. Dig. § 9.*]</p> <p>(Syllabus by the Court.)</p>