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

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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..

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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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Much has been very properly said regarding Judge Cooley as an author, but some of his best literary contributions are to be found scattered through forty-five volumes of tl1e supreme court reports of this state. These the gen- eral reader seldom sees. We could not suggest a more attractive book for the educated man, who is interested in the rights, duties and liabilities of the citi- zen, than a collection of Judge Cooley's opinions, as rendered from the bench. It is too bad that some of our best menis thoughts are cloistered in our law reports, never to be seen except by specialists, and too few of them take the pains. Of these opinions we may refer to two or three out of many hundreds. In Sutherland vs. Governor, he denied thc power of the judiciary to control the executive, and discussed the independence of the several depart- ments of state. In the People vs. Salem, he saved tl1e municipalities of the state from iinancial ruin, by deciding that the majority could not, under the power of loan and taxation, vote away the property of the minority in aid of railroads. Afterwards in Park Clnrwrzissimim' 11.9. D6t7'02lt, he defended the right of local self-government, and largely restricted the supposed powers of the legislature. A careful study of his opinions alone would give to the student an enlightened view of our system of administrative law and of the citize'n's constitutional rights. We are glad that this man is still with us, occasionally to educate us by his views on society and government. Judge Cooley belongs to the University. In 1859 she claimed him. From that day to this no one has disputed her claim. Many have tried to purchase it. lt is a touching fact that all the Hat- tering offers of positions in other institutions of learning, which have been made him during the many years past, have never tempted him to withdraw from us, and it is to be hoped that for many years to come the students will be inspired by his presence on our campus. J. C. KNowLToN, 378. SM W me -23-