University of Michigan - Michiganensian Yearbook (Ann Arbor, MI)

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only to advise, but to control and direct their thoughts, for they knew that he appreciated their condition. Whether the student came to him fresh from the farm, the school, the shop or the office, the Professor was able to apply the doctrine, Hput yourself in his placefi He had been there. At all times, even to this day, the students who sat at his feet during the twenty-five years of his active service on the lecture platform are remembered. He always welcomed an inquiring mind, but was occasionally indifferent to- wards one who sought a degree without having earned it. The thousands of men scattered throughout the United States, many of them now filling posi- tions of great responsibility, who received from Judge Cooley their Hrst instruction in law, know full well how he could sift the wheat from the chad among men. He never overlooked an industrious and painstaking student. Between such an one and him a lasting friendship developed. Mr. Henry A. Chaney, of Detroit, one of his students, has recently written these very truth- ful words: Hln the quarter century of its existence the school has sent out many hundred graduates, who are scattered throughout the Union, and with whom the Judge, with his tenacious memory and individual peculiarities, re- tains his acquaintance to such an extent as to enable him to count among his personal and familiar friends very many of the lawyers in all parts of the country. His power of ready recognition is illustrated by the possibly fabu- lous story of his once having met in the street of a western town a former law graduate, who was in a dignified stage of intoxication, and who, as the Judge extended his hand, protested that, under any other circumstances he should have regarded the Judge's recognition as the greatest honor of his life, but as it was, he preferred to be overlooked. Occasional monuments of the affectionate regard in which he is held by his students are the dedication to him of various works published by some of those who have won an honorable standing in the literature of the lawfi The University is fortunate in possessing a daily record of lectures in the law department from 1859 to the present time, and the greater portion of this record is in Judge Cooley's hand. The first entry is as follows: The Faculty of Law in the University of Michigan convened at their library room on Monday, October 3, 1859, Present- .lames Valentine Campbell, Charles Fish Walker, Thomas McIntyre Cooley. Professor Campbell was elected Dean of the Faculty and Professor Cooley, Secretary. The opening address on The Study of the Law was delivered at 7:30 o'clock P. M., be- fore the class and the public at the Presbyterian church by Professor Campbell. ' T. M. COOLEY, Secretary. 126.-

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there became a member of one firm and then of another, and at the same time edited the Adrian Watch Zbwcr. Then he was elected circuit court com- missioner and recorder for the city of Adrian, and to add to his duties, he joined in the purchase of a farm of one hundred acres, where he might study practical farming. Active and restless to investigate every avenue to success, he went to Toledo and engaged in the real estate business. He was quite successful here, but his jealous mistress called him back to Adrian again to the practice and the study of the law. Already the eyes of men were turned towards him. I-Ie had won an enviable reputation as an advocate. The bench had listened to his legal arguments, and had been impressed by the elearness with which he understood and expressed a principle, and the force and skill with wl1icl1 he applied it. His services were sought for in new fields. In 1857 he was selected to compile the general statutes of the state. A severe task was assigned him, for our statutory law was then in hopeless confusion. Witliin one year the work was completed, and so well done that he was able to present to the state a classification of written law that is followed today. In 1858 he was made state reporter, and as has been well said, Hhere again he set a standard very difficult to attain. The eight volumes of reports which bear his name are equal to any law productions ever published, and have won him wide rec- ognition in other states as one of the few reporters who never misstated or misrepresented the court, and whose syllabi may be safely accepted as correct statements of facts and law. The next year, after having passed through this severe ordeal-every step involving mental discipline-he entered the law department of this University, to shape its future and fuliill its expectations. Who could ask to be better qualified? He had been a farmer, a student, a teacher, a practicing lawyer, a real estate dealer, an administrative and judicial oilicer, a speculator, a jour- nalist, a supreme court reporter, and a compiler of statutes of his state. Dur- ing this time he had carefully surveyed the field of letters and of science. He had become a scholar in the broadest sense. It is also said that he, emulating the example of Blackstone, once courted the muses. No one thinks of that now. He was possessed of pathos and fancy, but too direct and clear in ex- pression to admit of poesy. We now understand how it is that the students have not only respected Judge Cooley for his great learning, but also loved him, and loved to be guided by him. Each one could find some common ground on which he and Judge Cooley could stand. Whatever may have been their experiences, the chances were that he had passed through them. Thus he was able not -25-.

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Then follow the names of students of the first class admitted. Among them were our Professor Bradley M. Thompson and our law librarian, Joseph H. Vance. It may be mentioned, incidentally, that Professor Thompson was a 'fone-year man. There were other names entered upon this first class rec- ord which now suggest many pleasant things to the hopeful student. O'Brien J. Atkinson, now of Port Huron, and Samuel L. Kilburn, now of Lansing, Were among them. Byron T. Ball, once attorney-general of the state of Michigan, Robert E. Frazer, now a judge in the Wayne county circuit court, and the late Isaac Marston, once a judge of the supreme court of the state, were enrolled with this first class. Other names might be given which would remind us of the pains and penalties of the late war. We have personal recollection of Norman E. Welsh, who, as colonel, led his regiment to his own death at Peeble's Farm, Virginia. Those familiar with local history know why there is a Welsh Posti' in this city. A review of the names of those men who received instruction in this department, during the first fifteen yea1's of its existence, would call to mind many who are now holding some of the most responsible positions in the states of this union. Judge Cooley has every reason to be proud of the achievements of those young men, who received from him their earliest inspiration. In those days the department had its moot court, conducted very much according to the plan of our first series in practice-court work. According to the record, on November 14, 1859, Bradley M. Thompson and Samuel L. Kilburn were pitted in the argument of a cause before Judge Cooley against Robert E. Frazer and George M. Chester. While many changes have been made in methods of instruction during the past few years, we are constantly reminded of how much we are indebted to those men who organized the department. As a rule we can only add to what they did, we cannot take from. Judge Cooley's work in the University having once commenced, increased labors and honor fell to him. He was soon elected judge of the supreme court of the state, a position which he occupied for over twenty years. During this time he became famous as a jurist, and the author of some of the best books known to the law. He was also a frequent contributor to periodi- cals and delivered many occasional addresses. All this work was done without involving any sacrifice of his duties to the law department. His capacity for W0l'k seemed to be unlimited, and, more than all, no one ever heard him com- plain of being overburdened. On retiring from the bench he was appointed chairman of the Interstate Commerce Commission. This important position he retained until failing health compelled him to resign. ..g7..