INDIANA UNIVERSITY SCHOOL OF LAW by Richard Vaughan

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INDIANA UNIVERSITY SCHOOL OF LAW

Notes and material gathered for the preparation of a history of the Law School of Indiana University. by

ROBERT G. MILLER

INTRODUCTION In 1941 it was decided by the authorities of the Law School of Indiana University that it would be appropriate to celebrate the lOOth anniversary of the establishment of the Law School.

The centennial year would be 1942.

was appointed.

A committee

I attended a meeting or two and was request-

ed to prepare a history of the Law School.

It was known that

I already had some material on the subject which I had collected for a kindred purpose. Then came the war, and the idea of a meeting to commemorate the anniversary was postponed. In the meantime, I gathered more material, interviewed some of the "old timers'', and had considerable correspondence with divers persons whom I thought might contribute something. abandoned.

Seemingly, however, the idea of a history was

I never heard any more about it, was never called

to meet the committee.

I suppose that part of the effort was

abandoned, just how or why I never learned, nor did I enquire. I have collected this material and have had it bound together in the following pages.

Much of it is not in the

form I had intended for the formal history, but I felt that it should be preserved in some fashion for whatever it is worth.

Perhaps in the future someone else who is interested in the subject may find something of value in these notes. Robert G. Miller

Bloomington, Indiana August, 1950

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I'ID: LAW SCHOOL by Robert G. Miller

The literary exce11ence of the Hoosier is not an

•

accident, it did not occur by mere chance.

It was the l·'.>sical

sequence of the foundation lcid by the pioneer. The Oriinance of 1187 concerning the Northwest Territory -oroviied that "Religion, V.oral i ty an1 Knowledge, being necessary to g0od government and the haouiness of

~ankind,

schools and. the

means of educati1n sh~ll be forever enc'.>uraged." (Laws ~orthwest Territory~·

123)

Ind.i2na's first Constit'.ltion ad.outed in 1816 'Da'ie it "the d.uty of the General Asse'111::>ly, as snn as circu.'Ilsk-:ces 'l"ill permit, to rrovide by law for a general syste:n of education, ascending in a regular grad a ti ·m from

towns~-ii-o

sci:nol s

t') 8

State

university, w:.ere tuition <:.hsll be gratis, and ea•ially '.>nen to a11.11~::. The cause of the Co:!rn'.>n Sch nls suffered ra'1,y viscissitu11es 1

end it was some 30 years before tne co:n.Tion sch1ol system of the State was fi Mily established. -oractica1 ly as it exi c:ted for ma"ly years. In the meantbie, the State Se·Linary was l•JCc:te:i at Bloomington in 1820.

0 -2-:y.

Commissioners aooointed to locate the Seminary.

They fixed

the site on the Townshio of land '"hich had been set apart by the

gover~~ent

for the

establish~ent

of a

~tate Se~inary.

This was called "Se!!lin."-ry Township" and became Per.ry Township of Monroe County, being Congressional Township 8, North Range One West. The Commissioners deter!!lined on the exact snot "Convenient to a spring, ,·the only one on the Sectbn selected th-ot c0uld. v:ith c·)nvenience answer the uurroses of a Seminary"· - said the Co'.Ilmissi :>ners. The large spring that once flou·ished on the carrnus of Ohio State University was responsible for the location of that institution •

The Constitution of 1816 also urovid.ed that the General Assembly "at the time they 1 ay off a new C()Unty, shall cause at least l~ to be reserved out of the l)l"oceeds of town lots in the Seat of Justice of such county, far the use of a uubHc 1i brary -~

for such county; an:i at the s&me session they sh8l l ir:coruorc-te a library company under such rules and regulati )ns as will best secure its permanence and extend its benefits." (Constitutio~ of 1816 Art. IX Sec. 5) By virtue of tds l:•rovision, every county had a library and the tiioneers had access to g0od literature and enjoyed excel'.lti'Jnal adv2ntages.

-3Our people evinced a

the beginning.

d~en

interest in higher learning from

tong before they established free schools, they

saw the State Seminary onened in 1824.

In 1828 by legisl2tive

enactment, it was advanced to "Indiana College." Ten years later, Februar1 15, 1838, the Co1- lege was by Act of the

Gener~·l

Assembly converted into "Indiana University", the

first section of that act is as follows: •Section I:

Be it enacted by the General

As~embly :>f

the

State of Indiana, that there shall be, and nereby is created and established a University adjacent to the town of Bloomingbn, in the County of Monroe, for the education of Y'Uth in American, 1 es.rned and foreign langb.ages, the useful arts, sciences (incl uling law .and T.edicine) and.literature, to be known by the na~e and style of Indiana University, and to be governed and directed as hereinPfter directed." It will be noted that the Legislature had in mind three tyoes ?f languages, "American, Learned ena Foreign. soon after the Second War

~ith

It was a little too

Great Britian for the nioneers to

recognize the term •English Lenguage". The Act consisted of 16 sections rroviding for a Board of Directors, Trustees of 21 'Board, a cornoration

~i th

r~sidents

of the State, constituting the

nower t0 sue and be sued by the na'.Tle of

"The trustees of In1i&na University" •

•

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. PRm:a.

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CY •

....

The Act mad.e nrovisi0n for the government 0f the institution, or rather emoowered the

Truste~s

an'.l facu1 ty to do so, an:l it al so

named the first Boar 0 of Trustees and

them to fill

e~powared

vacancies, ani thus the Board was self perpetuating. The Board of Trustees contains the n8mes of most distinguished men.

kn'.'.>ng them:

so~e

of In1iana•s

William Hendricks of Madison,

Judge John Law, Ju::.ge Isaac Blackf'ord, Jesse t. Eol'.l'lan, Gov. Paris C.

Dun.~i!'lg~·

Robert DEle Owen and Richard

Tho:noson.

No doubt the other members were leading lights of their day end generation, in their several communities, but the 1anse of lCO years has

so~ewhat

di'.Il!lled their brilliance.

Section 9 of the Act granted the faculty "of granting or con!erring by and with the consent and approbation of the Board of Trustees, such degrees in the liberal arts an1

~ci~nces,

including

those of !.!!! and medicine, as are usua 1 1y granted or conferred in other Universities in America, to the stuients of the University, or to others who, by their uroficiency in learning, or by other

distinction, may be entitled to the same, anJ to

gr~nt

merit~rious

unto such

graduates diplomas or certificates, under the co"'.Irnon seal, an1 signed by the faculty to authenticate and uerce tuate the l!e'llory of cmch graduation. This was the beginning of the Sch0ol of Law by legislative enactment. However the organization of a Law School had been agitated as early as 1813.

-5.=v.

Theo-philus A. Wylie in hi.s "History of Indiana University details the following, A loose scrau of

~a~er containin~

a note

which the writer urobably intended to transfer to the :n1nutes has escaped destruction, on which is the following: "Rosolved, That in the opinion of the board a professorship of law should be established, to be connecte1 with the college. "That the law tern: should consist of f.;ur :nonths, fr-,m December 1st to March 31st. "That the salary of the

urofes~or

shall be $3cO, to be uaid as

other salaries of the college 'officers, anQ that he also be entitled to dispose of lecture tickets for his own benefit, the urice of which shall not exceed $10 per ter:n. "Resolved, That the board now uroceed to the election of said "Drofessor. 1 Mr. Foster (who was a trustee from 1835 to 1838) was auuointed teller, and on counting the votes it e.nneered that Isaac Elackford was unani:nou-::ly elected

profes~0r.

What beca:ne of :he effort t0 secure Jud.ge known.

3lack:f~:>rd.

is !lot

Dr· Wylie also says: •rrom some notes whlch had been taken

from the old record book of the College, destroyed in the fire of 1883 was elected to the uositi.on but declined. ~·-

The Board had appointed a co!Ilmittee consisting of ·Judge Law, >~

Robert Dale Owen and Richard

Thompson to select and secure some

suitable person to Act of Professor of Law.

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Mention is made of Charles Lewis having been chosen Law, September 20, 1837. any duties as law

Profes~or

Mr. Lewis evidentally di, not nerform

~rofessor.

At the first meeting of the Board of Trustees of Indiana September 25, 1838, nrompt action was taken. Miles G. F.ggleston of

~is

appointment.

They informed Judge

He declined, owing to

circumstances, which he could not readily control. They inmedhtely made auplication to sevaral gentlemen, of distinction and emin9nt aual ifications, but were una.,le to secure the services of any one, during the past sessions.

They have made

an arrangeTent with Hon. David McDonald, who has consented to serve upon condition that the term be reiuced from four to three

~onths.

A resolution was nreeented uroviding for 2 terms of the Law School.

.A. winter term to consist of 'December, January and Februaey

and a SUT.:I:er term of June, July and AUgust.

llo action was taken

and this effort seems to have died. In 1841, the

Tieghm~n

A. Howard, one of the foremost lawyers of

St:;..te offered the ulace, but he would not accept.

owing to his lucrative oractice and

a~uarently

No doubt

bright路nolitical

future. In 1842, David McDonald was selected as Professor of Law, and accepted.

At the time of his appointment, he was Ju1ge.of the

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10th Judicial Circuit Which was coT.t>rised of the Counties of Brown, Monroe, Lawrence, Martin, Daviess, Greene and Owen. In those days there were neither roads nor bridges. Judges and the Lawyers rode the

Cir~Jit.

per year were held in each County.

The

Two ter:ns of Court

When winter fell, travel

ceased, so the Courte opened in the spring and continued until late fa 1 l.

In the 10th Circuit, court opened in Brown County

the first Monday of March and the final Session was held in Lawrence County the last of November. The Courts vacation oeriod was from December 1st to March 1st.

The term of the School of Law was fixed accordingly.

McDonald sunplemented his meagre salary as Judge with the one of Professor of Law. to the degree of t.L.B.

Judge mode~\

The full course wa$ two years, leading

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The Beginning

The selection of Jedge McDonald oroved a most fortunate one. He seemed to

~ossess

or if not, he at least develoned a natural

gift as an instructor.

The Law School flourished from the very

beginning under his supervision. The first lecture ever delivered to a law class west of the Alleghe~

Mountains was given by Judge McDonald on December 5,

1842.

It would seem that the authorities were anxious to make an event of the opening of the new Law Department, so it was the public.

o~en

The tradition is that the meeting was held in the

Methodist Church at the corner of 4th and Madison Streets and was largel7 attended. In the Catalogue of 1841 and 1842, announcement was made of the opening of the riew Department.

It stated that 'Persons

applying for admission as students will not be exa:nined touching their literary attainments.

But no

o~e

will be ad:nitted who does

not pro:iuce Sat i.Sf actory testimonials Of his g >Od :noral Character"â&#x20AC;˘ The following were the presctibed text books;

Test :Books Jr.

Class, Blackstone's Commentaries, Story-a Commentaries on the Constitution, CluÂˇ.ty on Contracts, Steohen on Commentaries.

Ple~ding

and Xents

;

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SeniJr Class:

Kents

Co~~entaries,

Clutty on Bills, Clutty on

Pleading, Starkies Evidence, Story's Equity Juris orudence, Story's Equity Pleading. "The mode of tristruction will be lectures, daily

exa~inations

on the text bo ..,ks and moot c0urts. The Professor will, each week deliver to the Jr. class three lectures ani to tbe Se 1ior two.

He will hold a moot C')urt every

Saturday in which the students will be exercised in drawing nleadings,

ar~ing

legal

oue~tiona,

ani law cases oreviously oro-

-posed by him; and on eacf-. of which he will afterwauda deliver an Qt)inion, as well as on the questions of law involved, as on the man1er of the ar.i;u!nen ts. (Catalogue 1841 & 2 Tuition in

the~ollege uroo~r

Dei:larta:ent $15.00. $1.25 per week.

~ard

'D.

16)

was $12.00 a session, the Law

could be had in orivate families at

"Some. thirty of forty students have formed them-

selves into a Boarding Club, occupying the College Boarding House, who are able to oay their c0ok ani furnish their table at from 50 to

60~

oer week.

Wasting will cost $5.(() a

session~

"Witt regard to aoparel and nocket money, it is earnestly recommendated to all parents sending their children to this institution, no matter how with extravagant

~eans.

~ealthy

they may be, not to furnish them

The character and scholarship of the

students are often grievously injured by a free indulgence in the

-,,_

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1., ·~'t ... ~-~ v·;~~

-10use of 11one7.

Whatever is furnished beyon:l a !l'loderate suoply

for ordinary eroenses, ei~oses the student to numerous temutations;

&nd endangers rather than increases, his

ha~uiness

and respect-

ability.• Catalogue 1844-5. Human

nature hasn't change:l

~uch

in 100 years, even student•

nature. In 1846 the attendance had risen to 15. the University was 198.

Total

enrolleme~t

An increase from 89 since 1842, which was

mentioned with urlde. In 1848 Catalogue Recites that the success of the Law Depart-

ment •ha• exceeded the expectations of its friends•.

That it was

adviBable to secure an additional Professor, that 1 Hon.

Otto will be certainle7 secured to this departmen\• Cataloge 1848, P• 15.

fhe tui Uon was raised to $20.00 on account of the encouragemen,, it was deemed advisable to increase the length of the term9.

•

It further sa1s that the next session will begin on the 13th of Iovember and continue till March 1st. Judge McDonald had the respect and confidence of

bar

generall7. The first class to graduate consisted of five membera, 1n

1844.

l -11-

Willh .&.. Gorman was a 7oung lawyer in Bloomington, who had been admitted to the

bar

about 1834.

He had made some

reputation b7 hie defense of Joseph Polle7 on a charge of murder. Poller was indicted tor the murder of Samuel Gorman defended him.

~de

in 1836 and

There were two trials and Mr. Polle7 was

finall7 aeouitted. The second 7ear of the Law School, however, Mr. Gorman enrolled,

co~leted

the course ana gradua,ea in

1a,er Decame Colone! in the Mexican war, served Congrese, was 1路1rst. 路rerr1tror1a1 Governor ~nown

as one oI

~ne路

184~.

Gorman

~WO ~erme

tUnnesotra and Decame

ieaa1ng 1awyere oI lrhe Norlrh Westr.

He had

a nalrura1 g1tlr ror mi11lr&r7 a.Itaira and during tbe c1v11 war he rose to the ranJt of Brigadier General.

. ..,.__..

JUDGE WILLIAM T. OTTO Judge Otto was born in Philadelphia in 1816.

graduated from the University of Pennsylvania with an A.M. degree.

He studied law and came to Indiana, where he

entered the practice.

In 1844 he was elected.Judge or the

2nd Circuit, and served until 1852.

He was assistant to

Judge McDonald as a professor of law in the I. U. Law School from 1847 to 1852. Judge Otto took a prominent part in politics in Indiana, served as a delegate to the Chicago Convention of 1860, which nominated Lincoln for President, and worked in Mr. Lincoln's behalf.

It is a well known historical fact

that the friends of Caleb B. Smith of Indiana exacted a pledge from David Davis 'and Loenard Swett, Lincoln's campaign managers, that Mr. Smith was to have a place in Lincoln's Cabinet in exchange for the votes of the Indiana delegation at the Convention. of the Interior.

Mr. Smith was made Secretary

Judge Otto is authority for the fact, and

so stated more than once, that such a pledge was not necessary; that the Indiana delegation was solidly for Lincoln without it. Judge Otto was appointed Assistant Secretary of the Interior by President Lincoln and served in that capacity

until 1871.

His next public service was in the negotiation

with Spain on behalf of the United States in the settlement of reparation claims growing out of the Cuban Revolution .;~

r~ ~

~'.i

under a treaty between Spain and the United States.

In 1876

he became Reporter or the Supreme Court of the United States and served until 1881.

In 1883 he was a delegate to the

International Postal Congress. Upon the completion or his public service, .Judge Otto returned to Philadelphia, the city of his birth, where he resided until his death in 1905.

He was never married.

Judge Otto was an able man, as his long and distinguished public

car~er

indicates.

He was eminent as a law-

yer and a judge, honored, respected, and held in the highest esteem by those lawyers who received their training under him and the senior professor or law, Judge McDonald.

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Judge llcDonald. and JUd.ge Ono Judge David McDonald wae born in Bourtion Couni7 1 Kay 8, 18U3.

The

~amil7

moved to Washington, Indiana in 181?.

tlavtd began the ,•tU17 of law in Washington in admitted to the bar in 1830. in 1833.

Ie~iucq,

1~8

and wae

He wae a member of the legislature

In 1836 he wae elected Prosecuting Attorney.

In 1838

he was elected Judge or the 10th Circuit and served ror 14 yeare. Be wae Professor of Law for eleven years.

In 1853, he was

succeeded by Judge Jamee Hughe• who had been elected JlJd&e of the 10th Circuit in the firat popUl.ar election al:"ter the a4option ot the new Staie Oon&U tUUon in 18f):d.

Prior to that time Judges

had. been elected b7 the General !esemblT· In 18bb Judge McDonald closed his office in Bloomington and. moved to Indianapo11a.

Be was associated with Albert G. Porter,

an able 1a.,.er wo later became Governor of the State. Juctce McDonald was a sen-educated man.

Bow weu he

succeeded. 1B attesied b7 the tact tbai in 18b6 he was tendered the Presidency or Asbu17 (now DePauw) University, but dec1ined. In 1864, McDonald was eppoinud. Judge of the Unite& States District eouri for the 'District or Indiana and Bln"ved as such until his death At1guet 25, 1869.

In hi• young manh>od he was minister of the gospel. pursued this celling •ith great zeal and earnestness.

Throughout

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'!:A•.

his life he woU!d occasiona111 occupy the pulpit.

He wae

a consistent Christian. 'David McDonald will lsrgeat be remembered, however, ae the author of •McDonald's Treatise•, the greatest law book ever produced b7 an Indiana author.

tu object waa to furntsn a guide to Junice1 end other minor 0Uice1.

It was much me.re than that.

on various titles of the

comm~n

It contained •essqe

law" such as evidence, contracts,

agency, partnership, etc. Statuto17 changes hsve made sev ral revisions necessary.

'rhere

have been some five •ditions of McDonald's Treatise, but much of the original text of the •eseaye• have been retained b7 the various author•. atud~nts

These essays were Judge McDonald's lectures to hie and are a

c1e~r

statement of the principles of Law per-

tatn1ng to the various subject• under discussion. Hi• litera17 style is of a high order. Judge Louil

Schroeder in the pret·ace to his revision of

McDonlads Treatise in 1883 •qs: •A good law book never dies.

It m81' go out of fashion; parts

or 1 t m97 even become obsolete and the ever shifting affairs ot society are sure to develop new laws, hut the elucidation

princ1pies is stU! there; and like a foundation of stone, serves to build upon again and again.

Such a book ts Mc1'onald 1 a Treatise".

tong ago the bar :t"acetiousl7 named McDonald's Treatise

The

J. p. !ible• which is not a bad characterization. In 1846, the'Legisl&ture rearranged Judge McDonald'• Terma or

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Court in the 10th Circuit so that hi• Court convened ear17 ia March and closed with the end or October.

The ••••ion• of the

law •chool were corre•pondingl7 lengthened.

In 184?, Wm. T. Otto, Juice or the Znd. Circuit which

comprised the Countie• or llo7d, Clark, Scott, Jackson, Washington, Orange and Harrisoa was appointed Professor of taw and. acted. in

that

ca~acit7

until 1862.

Jucf«e Otto wa• a scholar University o!

Penns7lva~ia.

and held an A·•· degree from tbl

He waa Ass•t. Secretary or the

Interior under Lincoln'• Ad\linistration and

position until 1871. !or the

u. s.

rem~inecl

in that

In that year he was appointed,ar\ltrator

under a treaty with Spain which

~rovided

tor the

adJudication of claims ot Americans tor inJurie• IU!fered at the

•

hands of Spanish Authori Ues ill Cuba. I

Be left this Post in 1875 to accept the appointment as

Reporter of the United ~tates Supreme eourt. One of the students who graduated in 1849 had this to say

of Judge llct>Onald

and

Judge Otto.

The teachers in the Law 4ecart-

ment were the Hon. David McDonald, Judge of the Court of Co!llllOn

Pleas of the !l?omington dinrtci., and Judge 11.lliam !. Otto of the New ilb&JlT district.

And now after fifty years, I revere and honor

the memo17 of these men wt t!l love and arrectto11.

It was their

ambition to make laJ7•r• out ot their studenia who woUld ranlc

-1:>.a.' ' among the firn ia the eountr7; I ad.mi t that the material waa not alwqa :Cirn-e1a1a. Jud&• McDonald was one ot the klnd.eat mea that ever 11 ved, and, U' the membera of hi• c1aa1 had been hi• own son•, he could not haw taken more interen in tbea-la his class room a atriet diacip1iaartan: outside, a

bOJ

with ua.

Juflce VCl)onatd lived in the fine old Dmm Hcme-whieh waa a mansion in it• 481' and stood about where the west limits.of the amna•tum i• now located. of that dq.

Bi• home waa a center of the soeiet7

11r. Jlarr&1 is authority for the followlnc:

•societ1 ill Bloomington fift7 7eara ago, waa, no doubt,

different from now. cowntQe boots.

Some of the yo12Dg men wore Jeana •ult• and.

The 811111tlementa were not so a111erous a9 now, perhapa;

mo1tl71coafined. to church aoctable• amt now and then ao.. trasp woUl.d coma along and 4eUver a kindred subject.

~ecture

oil phrenolog,

eome

!be Judge, eve17 two or three weelca, wou.14, at ···

the c1ose of hi• Jrida7 lecture, •STt home tomorrow evening."

'Gentlemen, I •111 be a'

We knri that this !l'leant that a dozen or

more village girl• wouJ.d be there.

We had fun as a matter of course,

and sometime. turned the house upaid• down, but U waa au right; the Judge appeared never to aee what

waa going oa.

Mr. ltar1'8T who wrote the !oregoinc atatemenie, te11e the follewing interesitng sto17, •Dortng my college d&T• at Bloomtngion a question or jurisdiction arose between and Judge

VC~nald,

Pree1Qen~1l'71~•

· 2.lld it ·came about la thi• wqs

the

tJnivera1~1

Coaplai nt wu

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made to President 1F.Ylie against one of the members of the law llaH who roomed dwn town, Claiming that he had violated certala rules and regulation• of the 1Jn1vereit7.

'fbe President addre••ed.

a note to the student requiring him to a-ppear before the in regard to the

matt~r.

Judge McDonald having heard

facu~t1

what Wd

goirtg on ad.dreseed a note to the Preaident and claimed that the etudent• of the la• department were amenable to no one a• to their conduct except himself and Judge Otto. existed, whether

or not I do

uncha~ed

Under the la• aa it then no~

know, the law departmen•

was independent of the Univer•UT; it• student.• paid their aa at a private ac.bool; it•

~rofessora

had no sa1a17

tui~i••

or income

from tbe State, and had to re11 so1e17 tor st1pport on the tuition fee• reue1ved from the student• in that department.

Under these

circumstancea Jujge McDonald waa ot the impre•aion that be was master of the situation. '

The correepondence between the Preaidea'

and Judge McDonald was keDt up during the winter.

While this waa

going on,· the Judge sent for the party who made the complaint, had the matter investigated, which, in factp amount•d to nothing; however he •11ghU7 reor1ma.nded the y '1Ulg man, am aa far ae the law depar~en~

or tbe University was concerned, the case was

C!09ecl.

are unable to get anJ' other line oa this controvere7, but ·

doubtless lt occurred.

Jor •bile Dr. fTl1e was what Hooaiers Call •Sot in his wq ...

Jmge McDonald bad all the conservati811 .,

the Lawyer and Judge,

-17Principle• meant much to him a• did the rpecedenta which supported them.

• dispute between two such men wa• not apt to be settled

b1 either part7 admitting he was wrong nor Tielding the

~~int.

· lo final decision was ever !orma117 declared, but b7 a aori or comit7 between the two authorities the La'I Department exercised the right or discipline, not as a matter or right exactlf but or courte17. I found tLis corraborat1on of the story that the catalogne or l8b1 and 18:>2 make• no menti?D of the Law Department. •

nr •

Wylie died lovember 11, lBbl.

The catalogue was prepare« under

supervieion of the preaident.

It ID8T be that thi• disagreement

was reflected tn the omission !rom the Catalogue.

At 81.lT rate no

other aueh omission occured during the life or the Law School

-usHard. Time1 A law library was started in 1843.

$lw ror Prores!'lor

Vc~nald

The Trustee• appropr1ate4

to purchase 1uch Law Book• as he mig.bt

•elect.

In the l64v'• some of Inct1ana•smost distinqu11bed. men were members of the Board or Trustees. !he7 •tnJ&gled hard to keep the Un1Ters1t7 open and. to build

an in9t1'11tion worthy o!' the new como meauh.

!heir resources

were smail and the minutes of the board ref' er to the hard Ume•

whlcll preYailecl at tbat period • .1 rpoposal wa• made to close the Law l)epartmeni a• an eeonom7

measure, but wa• not aiT•n aeriou• consideration. The salaries of the raeuJ.t7 members were all reduced-Jude• llcDona1d.s aa1a17 was cut off enttre17.

the

tui Uon

He was allowed. to retain

and graduation fees, ba.t no sa18.J7.

He advised the

Board tllat were he not a1re~7 conneet8d with the institutl•a be coUJ.cl not arrorct to accept the proposi tlon, but s inee he was so

con nee ~ect , he woUJ.d continue.

In other words he wouia •go along"

and help the cause.

s~trit

'l'hil same

of 107alt7 has saved the

institution more than once. -

In 184?, J"Ollge

'''° was aide4 to the law eta!! aa we baye

observed.. !h• Law School did not hold itl Classes on the campus.

the Trustees

a1>o11111e4

When

UCDonatda 1a1r7, they st1puJ.ate4 that they

would •r1n4 him a room .aftd firewood

&1 nere~o:tore",

but ihe exaet

•

-1~

loeaiion

the Deparimeni• aet1Vl\1e• ai thai

.tnown ana •• have

noi

da~e,

are noi

been ab1e to find i,.

W• know tllai in the fittiee the law elaHe• met in the main

In the 60'•· lecture• were held in

building or the Univer11t7.

the haU• of' the Philomahi&;ll anci J.thentan ti terary Societiea.

the bUilding which 1• now used, as remodelled, b7 the Cit7 Scbool• or :Blooaingion. In 1873, the old C)unt1 Semill&17 Building, corner 'or ?th Streei and Co)le«• Avenue was the acene of the law 1Chool• activi\1••• but by

1876 & 7, it was back: on the

CRan;ua.

TradUion ha• 1t that c1a11es were held. in law orncee don town.

Thi• i• another rainer vague l'lJIDor which it seems

to r12ll down, or to ei•ner prove or d18l>rove.

im~o•s1Dl•

Sat1sracto17 definite

1n!'ormaiion i• no' ava1laD1•• The mod.est law 11 brar7 however, seems to have been located in

the Main Building of the University. In 1853, Jlldge McDonald and Judge Otto reSiJ?:ned. as Professors

of law.

Judge James Hughes had been elected. Judge of the

to a-acceecl J'Udge JleDonald.

lUth Circua

The Board of Trustee• or the Univers1i7·

selected Judce Huc'hee as Prof•••or ot Law, who accepted the -poa1 tioa and continued to act until A.ugue\ 1856, when he reeigned, but at the requeat ot the

Boar~

Consented to aerve another year, which he did

and hi• resi&nation was finall7 accepted August 3, 1857 and in. the

meantime Colonel Jamee 1. 11. B17an4 had been anmed h1• wcceaaor.

-20The number in attendance varied trom some fifteen to near twice that number, while the graduating classes ran from tour to five

fifteen.

The Mexican War

first interfered with the

attendance and then later after the difference between Judge McDonali and President Wylie, heretofore ref erred to, the total attendance dron'Oed to eight.

Just :previous to that in 1850, there

were twelve in the graduating class and total enrollment of twentye1ght. There were many other condl tions which interfered with the prosperit7 of the Univer1tt1 in general and this naturally affected the Law School. It was in a flourishing condition by 1861, 1'ith the distinouished Judge Bicknell directing, when the Civil War interfered with the attendance until .Appomattox in 1865.

-21Judge Hughes Judge Hughea served f'rom 1853 to 1857 as Proffeseor ot Law and during 1856 and 1857 Judge Jmbro•e B. Carl ton wu hit assistant. Judge lJu&hes was a most remarkable character in 1118.JV w&T•• One of the moat brilliant men Indiana ever produced. .It geniue i• eccentric, Judge Hughes had all the eccentricit7 which proverbiall7 attends gentws. He was born in Maryland 1823, came to Bloomington when :quite young.

.A.ttenled Indiana Univerai ty, but did not gradU&te.

Studied

law and the records show that he was active at the bar when he was 20 years old.

Judge H. C. Duncan wrote ot him 1 Judge Hughee was a profound lawyer.

It is doubtful if theM was a better one in this part ot

the state.• 1

Ae a Judge he was upright, bold, courageous and tyranica.

ruled the bar and controlled the proceediD&B with a rod ot iron. Court was supreme and he was the Court. and

~rocured 1

He '1'he

He· enforced order, demanded

the proper reapect tor the court.•

He had his likes and atalikea, generall7 dislike• among the 'lar."

Jcain sa,ys Dancan:who knows Judge Hughes:

With a mind as clear

as a bell, elegant dictioa, a close student and a good reasoner, hie decisions met w1 th aPprobation, from all good, disinterested people.

-22Hla work was peculiarly Texatioua and irksome• So b7 reason of the

incongenial atmosphere of the bench he rea igned in 1856. In that 7eer he wa• elected to CongreH and left the Law School the next year. A1 a campaign orator he was unsurpassed.

Judge Duncan: a. crowd.

Again we reter to

lb.en it was inown he was to speak there was al w~•

'!'he occasion made no difference.

'!'he people heard him

gladly.

Dnring the campaigns ot 1864, 1866 and 1868, he apob

often.

One night, 1 remember, during the caiq:iaip of 1866 there

waa a lllall meeting of the Republican• at the Court not km now remember the occaaion--and he came. small and he was cal led on tor a speech.

Rouse~l

The crow4 waa

I neTer heard it equal led.

ror oyer an hour he stood with hi• hand• in his p0cltete, talked and talked al together on local affairs, of the local politicians, ot their sins of omiaaion and commission, of what they had done and of what they had left undone, and of their donduct during war.

appeared that he knew eveeything that had been done by every man among the local politicians, of the opposition, and it was as well dove-tailed and fitted as nicel7 as if he had spent weeks in i ta preparation.

On another occasion, du.ring that or the following campaign,

a rally w1 th prominent s-peakera was advertised.

Delegations from the

out-townships, glee clubs, big wagons, banners, little bo7a and girl• with white waists and red shirts and blue caps were all in evidence. The speaker failed to materialize and the burden fell on Haghea.

llobod7

went to hear or listen to him, through •1•a11••t11••a curiosity, because

-23-

all had heard him speak times without number: but they went and he held that audience as tar

hi• voice could reach,

I have

never seen a grand ral17 audience held before or since.

I hea.rcl

ma117 •81"--Republicans and t>emonerate--that they had never heard it

equalled. In 1868 he became a candidate tor the State Senate.

He believed

that i f he could get a hearing from the people he could win.

'!o

obtain the hearing he hit on a novel expedient. He secured a brass cannon, enlisted the aid ot some arttl1817 recentl7 discharged from the

Be spoke in eveey neighborhood

in the district. Earl7 in the afternoon, his artillary men would set out to

the meeting place, and as the shadows lengthened thq would occaasiona117 unlimber their ordinance and fir it.

.lt the school or other place

of appointment they would continue the bombar@ent. miles around came to see the cannon.

Jveey one for

Bext an excellent glee club

appeared and sang the stirring patriotic songs ot that d&T•

Then

Judge Hughes. appeared.• His speeches were simpl7 wonderful.

What

is unusual-veey unusual for a stump s-peaker--he never re-peated..

'Or.

McPheatera, a gentleman of rare culture and fine judgment, told me thlt he heard him at least a dozen time1 during that campaign. and each_ speech was independent of the ot.her; that all were convinctna, models fit for publication, without review or reformation. in argument, sarcasm, wit and captivating.

b~r;

Tbq all abounded

were elegant, entertaining and

Be carried the coun\7, or course.•

'!i

-24'fhe legislature of 1869 elected a United States Senator. Judge Hughea

was an aspirant, so was Colonel Cumback of Greena-

burg, who was nominated and elected Lieutenant Governor, with the tacit understanding among certain politicians, that is the event of a Republican legislature he was to

go/l~e

United States Senate.

Colonel Beker was elected governor and he, too, bad aspirations. Prior to the convention, Oumback had written Baker--and an unwise thing for a politician to do--proposing that he would not contest with

him, the nomination for Governor, if he, Baker, would eupport him for the senate.

'l'o this :Balcer replied with considerable warmth, declining

to make arq pre-electing contracts and stigmatized the proposal as •indecent and corrupt.•

The canvas was serene, with apparently no

selfish end• to be advance4.

Cumback, in the language of the street,

was a •hustler", succeeding in getting the caucus nomination, with enough Republicans stqing awq to prevent an election.

About that

time some old, obscure Democrat, from one of the back counties offered a verr innocent looking •Whereas and leeolution• which, though couched in elegant language, was impressive in tone, calling the attention of that body to the alleged existence of the correapondence and asking that it be furnished for the use and information of the Senate.

Then the displ81' of p7rotechnics legan.

Governor Baker

replied there was such a correspondence, that it .was private, and in which the public was not interested.

C-umback coincided w1 th Governor

:Saker, insisted it was not coq>romising, or harmful-, that he had such

-25-

a high regard for the Gowrnor that he could not thing of e~rassing

him by asking 1t1 publication, and finally falling

back on this expression, "I •hall never break the seal of a private correspondence, so help me, God,• which he thought ought to settle 1t. But GoYernor :Baker

wa1 ved

all queatlon1 of etiquette

on his part, sent the whole correspondence to the Senate with a colDDUllication that it was subject to the dis-poeal of Colonel Cumback. lverybody wanted to know its content• and tlie Lieutenant Govenior wae compelled to make it public.

While Judge Hughes took no active

part in the matter, ever;ybod)r saw and knew that he had directed the whole proceeding.

The legislature balloted from dq to da;y, the

caucu1 stood b7 Cumback, enough Republicans scattered their votes to prevent an election. 11nally the Democrats voted in a bod7 for Hughes, but enough of his crowd still scattered to prevent an election.

!hat was his last hope.

but was himself det.eated.

He procured the defeat ot Cumback,

Subsequently he was very bitter toward

some of hi• Republican triend1, who stood with him in the bolt but went back on him on the ballot. But tor his unfortunate·personali ty he would undoubtedly- been Senator.

What might have happeneQ., then we can onl7 specul ste.

was the equal of the greatest.

On such small things bang the !ate

of men and nations. Judge Hughes with hi•

~nificent

intellect, his great learning,

with his boundless ambition, with his unimoeachable honesty and

.• ·

'·.

1·

~ ~

"· ,. '

-26-

integrit7, with h11 ability as a lawrer and 1tate1man, neTer reached a poaition in.the state or nation, commensurate with hi• attainments.

He was lacking in tac', •a• dencien' in diplomacy; he was

a Dorn fighter, he carried his wari·are to the biner end.; he never temporised, he never let up, concilliation was not in hie Docat>Ulary; he cour,ea. no no politician.

man'•

undertoo~

rrienclsJ:U:p, ror these reasons he •as

to win on htma1er, hi• personalit7 and

the meriu or his cause,,._ by bending the hinged .kneww, p181'ing the ayco~hant,

or pandering to the crowd.

In his: last years he wae Jud&• ot the Court or Claim• in

Washington.

Deceased October 24, 1873.

One month before hi•

fiftieth birtbd.&T•

Jude• Hugtiea waa 1ucceasrul as a teacher. With his proround knowledge or

the~law,

brilliant mind, and marvelous command or

the Inglish l&D&Uage, it was no doubt a privilege to listen to hi• leciures.

])uri11g Judge Haghe• last year, 1806-l8b7, he had a

leave of absence and Judge AJnbrose B. Carlton aut>Btituted for him. Judge Carhon was the first aluminus or I. u. La• Department to serve as one of its professors. oi· 1849.

Having graduated with the Class

Judge Carlton wae allO a scholar and paid mch attention .

to literature.

'-\

Be was the author ot the book on the law or homicide.

- :·iS' £ifl ~;

-27-

Colonel Jamee R. M. B17ant Colonel Bryant who 1ucceec1ed Judge !Jughea as Professor

ot Law in 100·1, was born in Philadelphia, June 25, 1802. came from an old fami!7. Philadelphia.

Re was educated in the schools ot

Studied law in Penns7lvania.

After serving

in was.b.ingion in the- Genera! Land ornce, ·be followed. the advise ot Horace Gree1e7 and weni West. Crawt"ordsviUe.

Settled first in

Later locate4 in Williamaport.

Served several · :· ·,s

terma in the General .A.asembl7 and waa a member of the Conetitutional Convention in l8b2. Col. B17ant had been a member of the Board or Trustees tor seTeral 7eanl.

While not much material in regard to him 18

now oailable, he

llUBt

have been a man

abi 11 ty.

He ha<t the

respeci and confidence ot the members of the Board. eiecud him

,~reasor

Th81'

ot Law in 1Bb·1, mak1ng him a wort.bl' suc.,:1

cessor to Judge McDonald and Judge Rog.bes. He seema to have been succesuuJ. as a teacher.

He held

the confidence and respect of his students, some ot whom became distinquished la1111ers With the graduation of the!.law class or 1858, he delivered an address that was well recieved.

The senior law class to

~t '\-.;

whom it was directed, asked. his permission to publish it.

was printed in paq>.blet torm and distribuHcl. Ia 1861, one wee.le arur J't. Sunpier was fired q>on, we

-} ' "'t:'· ~

rind him at his former home at Williamsport, Ind.iana, where be

helped raise a compaDT of Captala.

v~limteers

and was elected

the

rtrai

"' !hi• coq>&DT was att.ac.beCi to the lO~A Indiana Intantr7

f ~'I:.

•.

_,,.;

-28-

and later on

~17ant

became Lt. Col. o! that Regiment.

He resigned. hi• part a• Pro!eesor or Law and wa• not

therearter connected with the In•titution. Dnring hi• services in the 81"lllT he was ser1ous17

wounded in the Ba\tle of Rich Uoun\a1n from the errect• or which he die4, YeDruar7 25, 1866.

\ ~~,·"-t.

J ;.],~?53 PAY McCOPY.LF. BFY ;._~'I'

1802-1866 Trustee of Indiana Universi +"y frol!l '.':arren County,· 1854-59. Cclonel. Born in Phil8.delphia, J-..u1e 25, 18C2. His ancestors were Revolutionary soldiers. He was eeucated in Phil.?.delrhia u.t Gray and '."!y:ie' s Ac~deh~' and prep~red for entrance into the University of Pennsylvania. After completing the prelimir.ary studies, he studied law, and was ad!:litted to the b'.3.r in 1835 by Chief Justice Cr::..nch. For severc.l ye'.lrs he held a position in the Generr_l L1md Office in VlashiL.ston, but subsec;uently r:ioved to the ·.'lest and settled at Crawfordsvi~le, Indb.na. Not long aft~I7iard, he was elected to the state legislature fro~ ~.fontgo:nery County and in 1844 was nonina ted on the ~·[hig ticket for ·Congress but was not elected. He afterward represented 1!-Jarrer. County in the Legislature for several terms. He was a me~ber of the Constit~tional Convention which met in India~a;olis in 1851. In 1838 he was appointed Aide-de-cru:ip to Gen. John T~pton, with the r~nk of major. In 1856-61 he w:is professor of lavr in Indiana University. At the outbreak of the rebellion, he was a:!long the first to enlist, and w~s appointed Lieutenantcolonel of the Tenth Indiana; at the battle of Rich Mountain, Va., he received a wo1md fro:: the effects of w~:ich he died Feb. 25, 1866. He was e.. Whig in politics, till 1856, fro:c 7:hich ti!!le on he ;1'2s a F.epublican, and always an u.ncc:arro::i.isir.g oppo::ent of slavery. -----V/Ylie: History of Indiana University, page 121. Jaoes R. M. Brysnt of ~illiansport was a representative of Indiana at the nation~l council of the Y.noa Notl:inG Party in Philadelrhia, June 5,

1855. -----Indiana Magazir.e of History, vol. 18, page 187 In co.CTpany with the northern division of the :;:arty, Indi~ns. 1 s deleg::..tcs, Scheyler Colfax, ••• J. R. I11. Bryant ••• withdrew from the convention becc:.use the platform defir.itely put the pa.rty on record as fav'.)rir.g the South on the slave1·y ·:;uestion. -----Indiana Magazine of History, vol. 1.3, pL-ge 263. ~e~~er

of Ir.dian~ House of Representc~tives, 23, 32, 33, .36 (1838, 1847,

18L,.8, 1851) In 1856-67 Colonel Ja.1les R. :.~. Bryant becane professor of law leaving the University to enlist in the army in 1861. During four ye~rs of thi:: ti.11e he was a :'.!le~ber of the board of trustees from Warren County. -----Woodburn: Histor;,· of Indi3.!la. University, page 259. 7.1:.en L~ 1861 Colonel J. R. M. BrJant went into the service of his country, Hen. George A. Bicknell becune professor of l~w in Bryant's ste&d. -----Woodburn: Hist.Or'/ of Indian&. University, rage 263. HON. J_f.._T\~S P.. ~!:. l3TI'L"..NT ·;;::_s born June 25, 1802, 3.t Philadeli=·hi::., PEcnn. He \-:c..s ecucated at t1:e TJr.5..7e:.~::ity of Penns:,lv::.nia. r.~[.rried Dorcr,s G.

:J.~,u,;ht2r

cf D.obe:ct Ellis, c: t'.:-le Tr::::::our/ Ik;:;::.rt :i.::nt, ".'::...s:~:::,;to'.'1, . .. !'·'.o""roj -,7.;;3t ~n:: se~:le·:1 .1:. 8~:.::,":',)rds7·ille, Ind., :..~ ~335. . . . ~:io··1c.=: -':,o ~n:irrcn 8ot:r.t:;- in l8.:~3. ~as ::t r::0:-'1b~r o: t::-ie GJ:t3t:..t·J.t.i.on~l ~OTI"7C!'1:ior. o: 1B5C, '". . n:. "'~J '/w-hJse ~::.~:_ng ef':'orts, I".1:::_~._n_:i. is l~.r6el;,' i!'.~ebtsd for her 2yst2::i of co_'1':J.0rl sch::Flls. Ee:t:l'S.:l>:::l"t·:;~ :i:.1is C:J:.m:,:l :our ti;:~es :~ :.'1e st~-~,3 LeG~zl·t:.,LU.. C:. • • • Al\·:r.y·s x: foe side of th.:> ·;13s.:: 3..'1C:. op~)ressed, ~ener·'.)us, a good debatsr, a bril.Liant conve.c·s3.ti:malist, a tru8 fri8!:id, ci":.i::.1"n and Chrlst'~:i.'"1. -------Illustrated historical atlccS of ?iarren County, Indian'.3., 1877, F-.:$e 27.

::!..=..is,

:.c.,

lC~J.

See c.ls=i: Hist·'.)ric:;.l ~s::i~:::lets t:r :SL-r,'.)re B?.rce. H. M. Bry::.nt, FmLer, Ind.;_.c.:n::., 19.JJ. 'n"'V.''1"' .on. ..1.._'-i..:.•..:..'

J·3.Jl 8S 'P _ •

U 1«1•

(~-ir"+ 11 .... ...; ""

.,,..,,'.1_T' .,,.·e+i.·n·-) .:.he' ""' ... ; j •

no. 1. Colo:wl

J~es

l!".''n-C: CnU-1 O" +h<=> .._ .L u _. L>re'"'-Jen+ ..o.. t.>..-'l v -.£

for· volurr~eers 71'3.S no sooner recei-re:i th;::.n the citizens of :iillir.::sport ::.nd vicinity were su.':!'.110ne~: to as.:e:-:;ble s.t the Court Hot;.se to cor.siuer ho:: the crisis should be met. Ac-:::ordingly, a large c:-o;·;d gathe:-ed cm ;:":.i.es:i'.ly evening, A.pril 16, snd B. S. ;"[heeler· w::;,s 3.p~ointed c".':.:.:.....~::m :::.:1:1 Y.,ev. ~Eller Secret·.·.:cy. Tiillis..-n P. Rhodes c::lled. t!'le house to or~8:' and stJ."cad the object .'.): the !!leotini;, "l.nd :.hen, a:-:;id the wild.est e:,thusiJ.s:n, Col. Bry.i:..nt w:i.s called out. He delivered 1 thrilling s~~ee~h, re·v~e·Nin~ tl1e grer . t issues be:' ore th~ _people, ins:.sting tr.at t:B South -.vas ·nholly in the ·,r.c:ir.;, 3.nC. th:;.t it ws.s the duty of every byE'cl :;c~n to '1ssist wit'.:. rni5ht and ::ie'.:ms in :;:reserving the union of t:-.e Stc.tes. At the co~clusion o: his :r-e:::-:s.r:Z:s, '.'l':-:ich w2rs recei7-s:i ;;-i:,:1 prolone:;ed cheers, he :::ove.1 :...11:::.:. 3. ~:.:.per be d:'~im u;;, calling f'.)r 7J:~.L"1t.eers, and tendei·ing ":;:heir service t::> the Governor '.).: Ind.:.nna. This ,.T1s :-lone, hirrlseii, Dr. F. ~':. Tebb5, J~r:cs Park an:l H. :·. Do~·.ning :~r:;p:..:.ring the paper. (The second ws.r c.1eeting.) '':'he citizens ab[.in asse~.1bled at the c.Jurt house ')ll 7!ednesdci.y nit;ht, April 17, on w".':.icl-. occ::.si'.)n t."1e en".:.~cusi'.::sm c..nd loya:.ty of the :tJ!'svio;.is neeting "Nere ;re:...tly surpc..ssed. Benj~~in CroN, an old resident of Kentucky, Jesse Harper, Col. Bry~nt e;,n.:l o":.hers were called out ••• On th<:: follo ..ving Monday, April 22, ·nithin six days after the cc.11 of th President iias receiYed, the compc..ny ;Es conpleted an'.3. organized, and was on the trt..in bound for Indi!rnapolis. The Republican stated t'hat the co::::iany numbered. 177 men, rs.n~ ::.."1d file. Just before tt.e:.r de;.'::rtl.i.::"e they ::iet -::.t the court hr.ii.:..se s.nd e2..:;c'.:,3j t:i.c; follcrN~.n; .'J.:'ficers: J:::.2es R. H. Bryant, Captain; Dickson Fle~in;, First Lieutan~nt; Lev. ~iller, Sec'Jn1 Lieuten~nt. ........ ·'n·.:i ""f +i,..e r.r~rr""n ""'1,,.,,,, .,.,,rren (T 1.li-e "~""p'-~ c......1.-._::,.o.J. :::_ ...... p,,,J..,,rn .. vui..... v 1..1.u. .1a. ...,, • "u··r,.J·.J l.A.i!> • ) .. 'Ju::.rda, Ca.pt. Brr:.nt, becz..:::ie Co::-,~\s..ny B of the Tenth Hegiment, 'tlhich re::iiezvoused at Indiax1.~Joli s. The or g::.niza t ion we.s scarcely completed ere Capt. Br-.r:..nt 712.S CO''.l.."".lissi0~ed Lieut:mu.nt Colonel of the re5i:nent J.:':d Dic~son Fle::tinz ·Has 3.pp.'.):.nt3d Captain of Co"'.'j)l'l..l'JY B. The regiment l?.ft Indi~naroli3 on the 19th of June, having been mustered in April 25. It ;ioved to West Vire;iniu, ?.nd early in July particpps.ted in the battle of Rich ~.lountain ••• " -----Counties of T.arren, Benton, Jasper ::md Newton, Ind:;.a::.19.. Historic::.l an:l Biot7::.µhic11. Illus. ChicL,~O, 1383. 'JV...~~

~i.._..

-~ct.

IIIi

Ind., Ledger-Tribune nesday, August 4, 1943

politic:i~~~- . He served Wrepr~-J battl; :B;;ant, . -now li.·e.utenant.:.'j sentative from Warren county.1_n colonel. was· sewrely wounded.· the. legislat.ures of 18.~1. and 18~, .· _Fte iris ~e '.to -~!am_ to· _11.· reR.re:rentatives at tha.:t time beidg ~mmtind ~ter,. l\C,\veyer; • --. • elected each year. . . was dh.istered out of the servi -- · · He ~as active irt t1ie c6ns11tu- on A'.l1~t 6. l86l, lit tlie 19ose· BR OF c. o.f its_ volu_nte.er se .. rvice.i seryed___a_ two"'.~e:y-.,~erm aft~r f11~ Tlj~ regnifent 'Vy'~ ~-ot~tti!e<J. at • . JbJil\fll:l(L.f:. !l~~bbl~ ATED IN- CLASSES constitution was adop~~- He was once for the dtiritioti bf~ war,cJ: I . __ appointed a member of the Board but its lieutenant colonel, broken f . ~he, de~l~~ion of i~e School. ~f i:if~~r~~t,e~s pr Ihdfa.iia.~Uhiv,E!tS!t)'.- in health, returned to Williams-' taw of Ihi:liana University b)' the soon afterwards. _tn 185~. he WAS. fl9rt. · \ ·. He did not resume his: post • inroads of war on the faculty and ~med - by .the other ..trus.tees_ as stude_nt .rolls-for_._ the fpµr. t._h.· time ?.ean _of. the La. w School o. f the Un- as dea. n th.e .U. lflW'. ·_ in _1t~ hu.nilred .ie,ars of ~istory-::- ivers1ty, t? .. fi.n a vacanc!. _ s~hoo1 an<;t did. ~o~ re::." " ,·!?~~~. brings out the names of .those who He .deJ!yete!1 ._fhe comrrnmce- he l{f~. He die(l ii:i . . hj~_rt; ; w~nt fi:-~D1 its class rooms to serve ·ment address )it tlie graduation of in 1866. The Tenth Indiana. in .. their country. the 1858 class, which made such ithe la-ter yeal"S oi the "CiVU 'fVar.; · )!o. ~ame in this Ibng l!~~. shines an iI?pr~~siliri. ~hat the ~aduat~ dis'ti~i,WShM ~ i~etf as a iiliit; o: .. brighter than that of L1euteffant ,had it bublf#i~ as. a _booklet at the weStern army. •. . • _ ... . CPlQne~ J_a,mes .R. M. Br,Yant, of _their own expense. In i~ he r_efer-: kl'~ 1 ~ :::::::...<" , _:;..} Wiiiilmsport Clean. 9f tlie small red .to the death. of his wife a AbN a&iREttS ··~ Li'W scliool of the University in shor.t time. previously. . _-_._ . .., 1861. · · ~ob~t G. ¥f~1~r._ Sta~.~ .S~nator . The Lerlger-Triburie is revising,lm ' A ~ading citizen of his com- from Brown; Greene and .Monroe its mailing lists in the interest. of

I U HISTORY OF 'A .....·s R•'o· al L W., ·ff ft U I .

~~T,;~.~E N~S

F.i:>n~! onv..e~t!?.~

18~2, an,~

ni~e.t~-:d~i

niv··-··_.

•

~e~!~,i~:~.~~;~:r i:f ~:~cq=~ ~t~~'.of.:.~~ t~~A~l:n*n~ ~~~~.~. . --~.fL~-~~~~·#ta. .· tuticf'tiat · oon~'ehtion· St 1852, mem- who has gatli~re<t ,!iie"liairi tacts .the JtiMtet •Qf fifi •\\fti-..-~.

ber of th~ ;·Ab.ltR_... tlf ~trustees. of fo,t ,tE_is a.~.·cte .... ~s, tha( pQthing'.: ers beyoncl..$)ft*.~_'~-._ -~.;-~ Indiana. lfru.·v_;.!lr.~~y., ,dean of· i~ .. ,...j}~~ Js .im_)b)~ ..:..fl~ff,J_Jitfami~y, under the_. lfi~_..... _-4....i;,u ,· Jaw ,!!t;hoot,, org~er 1'!' ;the ~rst ~i}·~.ser ,._lll 1Jlo0thtn1toh or wu.. war an.,d t!te- dMtifl~ ' ''fu an" fiiu'·. -.Willihl~"' rl°< -~ · -· limttsilOrt. _· _:'.l:le' ~~,,.'!..;. •• ffi.. ,P · ·.: 1 .· • ~~dn •\·'Ji '.··_· '. ; "' <· .hil'. ;.. · ~-~ ~; ftir.

S)!~.~lfj~;Jl~.~ttifo~~i·_c~.·~i1_. silln.."t!~~· <.~.~~ll· · · · · ·· ·"'led' r >t~ t' th tr Wfwjf.-1. ·•i.J•

m~l5ti'hi:t~.fu:;an\etir1· t

":' !" . Cltf. 1 ~· .• ,. ·.•.te: ' ,.- '&le "6ti:td~ ~l>aitle.:- ·?risw~ . ~esid'e Pl." -11 " • the'·:~:

r·~t fle. etiliiit;gfo~~l' s~~~rl

j\;

:.~~.>.··~-~

'N _. m!.

"'afi~r<: .. J.1l· f

· ·

.. ~ ...,,

··"!.

1Ils Jeoont-···' engeS..tn\i·ot at& .. ~ fat ttoo~ s ... ~:.:· rubscrl~·i, . I offi.~ Cin~"#is .~tip :'.'letf 'flie_ ~ov~di- Le~i· ~:..-. "~fton;s "Ca~ api>recldte it if yoot~n Di~~ --. rp'iow fo -the:fiei<l" to go to war. . for 10,000 from ·maiana. - newal at the :earliest pOsstble:~:c

I;.•..l~ams~rt,. ~P:~t~w~s.Iibt a\ri~tive.of Wil- . , jie tj>tWP'iiri;ir:, .. i>l-~a:f!t~ed. by time. Stat~ments ai:e being matt,.;.il: _H~ -was ·t;>orri in Phil- Capt. Bryant bec!1~-~. Company B ed a?~ a high percentage ef tboSt; . i ~<left>h~a

~fl: ;1802, ;an~- was educat- of the Tenth. Indiana ~<?~~nteer re;e1vmg them

have .resporl.d~J Those :wh t._~. x:~ly~a: 'F~llo'Wli_i~ tlie Lt W'.l~S must~red 1rtto the. s,ervic . f?il to.tJX~ retnttta·'·nee~~ ·we . . 'Ut8e\of the .times he on April 27;)861. '1Hter'a.$ort oa,lltbe dro~~.tbe~lf4Weiit to lnanui:a took t1ie pertcid of training;.~ regpn-ent , , ~' ~.;..:.,::IJi'.· ;.,~.,-·, ~':: practiee ~~ law, in CraWfordsville was sent to the front.: ·- . • ,- "tJSE lJ~ S. ~ '.',:}.:" 'SO~ tiirie in .. th':~ forties. . .Its first engagertjent with 'tlnf . .. '.;,: "~f ),". ,,,.., Wtthin ·a few ·years J:le removeq Confederates was _at. the 'battle_ of . Costa RiCa na'tf has 'l :t6 · WiUia~rt, ·- anCI bacame Rich Motintain in (Virginia (now p1ant,Cd ·ill.. t~eeo, the :widely_. knriwn·:~as .. a'..la'WY~ jil\d,. W.e:U..Yi.r4ID!al... )"1~l' Jl., ...J~. this, ~g:;:~~~-·U.ntte<i.~St~ . . ... - ,. . .,, .. ,__...._.....~ . ---":.;...-~-:--- ·'

i ed. t};ie.re and,~adrrutted _to tlie bar Infantry, a ninety-day ·regnnent. with renewal checks.

and- up ~

-29.Anti-Bellum feriod In the old d91s, students roomed at private homes. were seven boarding houses established furnishing meals to students.

ee~eciall7

There

with a view to

Living was cheap, good meala and ·~';, l

a comfortable room was_ readily obtainable. The merchants then, as alway•, had an e7• out tor student business.

Rooms were let in all parts of the town.

There was no mail delive17 so the post offi•e was a social center.

heey one went there for his mail.

Another custom which prevailed in m.oomington for more thm sixt7 7ears, was meeting the afternoon passenger train.

Since

the !irat operation of the Monon Railroad, the afternoon train has arrived in Bloomington at-approximatel7 four o'clock.

Eve17

one in town including students, when not otherwise engaged would gather at the station for this train.

Here old and young, rich

I f

and poor gathered to learn who was leaving town, who was return-

ing, and to visit,flirt, dtscuaa·1ateat new•, and occasionally t transact a little business and often to settle

ma~

of the great

problems of State. After the train left, the crowd winded 1 ts toward the pest

Ii i

office.

Here the people spent an enjo7able social half hour

waiting for the mail to be sorted.

The

grea~er

for Bloomington was carried by this train.

part of the mail

If 1ou failed to

meet your friend, your neighbor, or your sweetheart at the Railway station 1 t ·~· certain that you couldn't fail at the post office.

-30-

thousan~

The town contained then about two

people, the

University, w1 th its Preparatory Department, Law School, and various facult7 members added something more than three hundred more.

The advent of cit7 mail delivery, ended the fest-

ivities at the Post Office and after the advent of the automobile the gatherings at the Railway station gradually but slowly faded away with the passing years, and is relegated to the vast realm of the things that were. These customs were most conducive to a close companionship between the University and the town.

A great many

married Bloomington girls, a custom which we are

stud~nts

h .;,L;t...U.,

h~PY't1

still

continues, uninterruptedly into this present day with increasing tr.equency, and in proportion to the increase of eligibles, both men and women.

Co-education has been of inesteemable

value as a stimulus in this regard. In these anti bellum days, Indiana University drew a large number of studentâ&#x20AC;˘ from the South. influence of

nr.

This was due to the

Wylie and other early members of the faculty.

A few of them were.found in the Law School, but not many. There has alwa78 'been a few students, sons of weal tey parents, too well suonlied with money, who cut as much of a dash as the environment would oermit. their

~ellow

They were the envy of

students until in after years age and experience

demonstrated to them how unfortunate some of these young really were.

-31-

In the early diqs the real sports came from the South. YO"Clll&

These Âˇ

men were from the first families, both aristocratic and

wealtbT.

It was not uncommon for them to bring their personal

eervants with them, a slave boy, about the age of his young master.

His duty was to serve the young man in every man, acting

as his valet and servant. These servants free

by"#

w~re

intelligent, young negroes.

of their e1,ltry into this state.

of this nrivilege. ....... advantage .

They were

They rcrely took

A1J a rule they stayed with the

, young master until he. was ready to return home, and went back

,..

south w1 th him â&#x20AC;˘

-60

Our northern freedom, as they observed it, was not enticing ~

~a.

.-:-

to lure them from the old nlantation back in "')ixie â&#x20AC;˘

A large number of the graduates prior to the Civil tingaished themselves

~ar

dis-

as judges, lawyers, and in other lines.

Considering the small total

numb~r

of alumni it is surprising to

note the large number of them who succeeded. Samuel H. Busk1rk was a Supreme Court Judge.

Willis A.

Gorman a Union General and Governor of Minnesota, and a noted lawyer.

Morton c. Hunter was a successful jury lawyer, a Brig-

adier General in the Civil war and member of Congress for sevaral years.

William W. Carsan was a Judge.

Col. William

son was an able lawyer, a Colonel in the union army of more than state wide repute.

c. wn-

and an orator

-32-

Ambrose B. Carlton was Circuit Judge. successful lawyer, held many Government Major General in the Civil war.

Robert H. Milroy

an~ointments

was a

and was a

Colonel Cavens was a successful

lawyer and colonel in the Civil War.

Judge Wolfe of New Albany, to

mention only a few of the first ten years of the law 1):tnartment. John Darroch of the class of 1846 should not be disregarded entirely.

He was twice married and the father of nineteen children.

It was but natural that Indiana's sons should be folllld vol·unteering in the artey" after Fort Sumpter, many of them distingutshed themselves as soldiers and rose to consoicuous ranks. been noticed. A.rtey".

A few have

Several of Indiana's sons served in the Confederate

Being of Southern origin, that was to be e:roected. The most striking proof of the fratracidal character of the

great conflict is illustrated by the story of the Cox Brothers. They were natives of Orange County, Indiana, born on the farm famous now as Cox•s Woods and held by the State Conservation

nep-.

artment. Joseph and Jesse were twin brothers.

Josenh graduated with an

LLB degree in 1854; went to settle in Texas, and later was

Major of

the Texas Confe1erate Cavalry. Jesse T. Cox served in the Union Army and after the war he graduated from the Law Department with the Class of 1868.

Later the

brothers were uartners at Paoli, Indiana, where they engaged in various business enterprises until 1880 when Joseph returned to ryallas, Texas where succesafully he practiced law.for several years. In the decade immediately preceding the Civil some sixty five graduates of the taw T)epartment.

~ar

there were

Many of them served

in the arnv and not a few held high place as li•e officers, including

-33-

Major Cox, heretofore mentioned, and Stephen Thrasher, a Lieutenant Colonel, both of whom were in

th~

Confederate A:rmy.

native Hoosier, while Thrasher was a Kentuckian.

Cox

wa.B

e==

Osar

.._

~- ermm,~r;.,. ~. discourse ·~.·o~~~r,·~~~c~k&!1a!!';1 to the Vcl<fuatmg class. Hif i text, Will• ".And Pharaoh called Joseph".t

PRLY . -

roMMr11cc11EKJ . ~na~.ZATHNA:TH-PA-A-N-E-AH.': F~. [ft [Ill ~,.rather unique text the Dr., hil DAY II u1

. __ ,,, .. _., RS" · -,

Um' , fl

AT INDIANA

- . . />q,_ ~~;~>.i ·,,_

u1qal µ:iajterly ud impressive ~ 1 diseuSseci'the ~tia1a of a leadsrf; QC

~~e·o tW··rm~d01 deci~~

· ;of chimcter, in order to accomplish any: thiag ~ineatly

good or great, tllld to constitute one a Leader in Society." ·The Dr. wore on this occasio11 a sort of · • '"( . , _ , Toga, or ecclesiastical gown and surplice, ',---- · · "3' · w:iich added to his dignity of appearance. One of lndialla Uni~ty's early Monday night Hon. R. W. Thompson, commencements is descnocd in the files of Terre Haute delivered an address :of the India.1apolis Sentinel of August before the Philamathean Literary Society. 13, 185i. The following communication His theme was the principles which deto the Sentinel sent in from Bloomington velop the progress of christianity a11d was published in that paper fifty six years ivilization. Any one who has ·heard ago and is of especial interest now: · Dick ThOtnp&on, will not soon forget his INDIANA UNIVERSITY-COM· m and ~11elf-possessed manner, his MENCEMENT EXERCISES uency, and eloquence of thought, and Bloomiagton, Aug. 7th, 1857. t the same time, forcible and elegant Editor Sentinel-Deeming it a matter p:ture and mode of delivery. of interest to the readert of the Sen~el L_Tuesday at 9 o'clock A. M., the Master's tb.roughout the State to bow. 90tnet1ung oratioa was addressed to the Alum.1i, by .of the interests and PJcisperity of our John W. Foster, Esq., of EWJlSville. £itate University at thi11 time, l 8sk ~m .At ten o'clock visitors poured tn by hun\n a corner of your columns t~. •Y: a dred!I on the cars, and the order of Odd ,few words about ~t:' ~t__ Fellows formed in procession at the dq:>ot, •. tlW;, tlle"Athens of Indiana..·,~ this a.id marched, preceded by the New Al,._ ~ fii:l>t-Commencemeat ht:ld ~ !he a00 Bloomingtoa Horn Bands, 'new College building-, and_ the ~twg o a ~ n~r the residence of Judge class a larger one than has before gone ughes, where 'the .Anniversary of the )wt of its walls, to~ with_ the !Acreas- Or~r . was celebrated, and a.a address n,. popularity · of the l'1stit11.t!On ~n~ ivered by ~· B. Jocelya. At 2 iti Facutj, were circumstaa<',e& whl<:h_ o'clock, in the college chapel, was held contnbuted'large}y to raise publiC the Anniversary of the Society of Beta iion in Bloomington and among its numer=I Theta -Pi, a secret literary association, t,in; friends el$CWhere, that we were to have connected with most of our colleges i11 a· "Big Time" on this occa1ion. Nor' the United States. At night HQll. Cyrus were we disappointed. L. Dunham addressed the Athenia.1 Having secured my quarters at the Society. Worley House, a hotel by the way, where - Wed11esday mor..ii.-ig, the commenceihe.rOOll)S are much better thanlhe "grub,'~ me.at exercises ~-ll at eight o'clock. ·and the porter more accommodating than The class being large-18 in number- I' the landlord, I S'.lUied out on Friday night; the day was divided into a forenoon and J~ly 31st, to witness the exhibition of the afternoon sessio.1. The day was pleasai1t_ "Model School''. coJlJlected with the and the large aad well veatilated chapel coll~. take place. The exercises of was crowded to its utmost, a11d hundreds -~ juveniles were in a high degree inter1 were unable to get a seat. The programme esting, and reflected much credit on the was opened i.n the morning by a Latin 'teacher, Mr. Riddle, as well as givilli! Salutatory, and after dinner by one in ,tisfection to the patrons. Op ,Sa,!Jlrda) Greek. The addresses of the entire class .

•t.' ·

Old ~a!ler Gives_ ~alls of 'GniduatiBi ExerclaetOf 1857.

Eny

Saxe

expectai

,,.·111 ···;ght,

follow.iag, a. n. ad .. dress. was.. deli:1were good, and.· some were. decidedly.· fine, exhibiting a genuine, taste an~ _ .< .... _ ability which could not be made to ~Id · '.the palm of superiority to a.ay college l' ~East or West, and was a brilliant and powerful proof of the high standard

by- a member from each of .the li~e ~iID~ t9. ~.~i<>r ~~

;pf Ji-99!~ ~_it_ 8:11~ Ji~~. inst~tutioas'.

t 'Maay ·distfoguiShed visitors were pres· ·:ent, among whom I noticed his Excel!Jency, Governor Willard, HOJ\. J. L. fRobiftaon and Hon. Geo. P. Dun11, with ;mllllY eminent ministers, editors, teachers and strangers from aU parts, whose names I have not room to give. The degrees were conferred and diplomas awarded by Dr. Daily, the President, dressed in Jij.s ecclesiastical robes, which dosed the )(eremonies of the afternoo11, and never ,d.id eighteen young men go out from the walls of a college with greener laurels, kisider wishes or brighter hopes. The ' ~~i~y.of Alumni had a supper and levee in Helt~'S: ·,Hall· ai night, where were crowded t~ther the Faculty, Board of tru~ 8Jld:the talent of the University, ~:With,· .the ~AlutiUlt c~ude.nts ·.and ladies, oomprising the youth, beauty and wit of Bloomington. A sumptuous feast had been prepared. of which all pa.rW<>k, aside from the "feast of reasoning .and flow of S<>ul" . which followed in the shape of toasts, and witty ·and side-splitting re· sponses• Eleven out of .the graduating . class were of the "rebels" of Asbury, whQ \ "left that inotiludon ia" th< difficulty ia.t

~··-

Winter and entered the State University, , &nd from a, hint in one of the toasts, it fitight be inferred that Bloomington will . Jose more than one of her fair daughters this iflalrsiOJI. of "Northern Vandals". •• feetiyity was lrept up till alate hour '· . • yoWll folks, when all retired, some i\0.-.lkilathe bright moonlight and liattn to sweet teranades and some "to sleep·· 'perchan« to dJe3lll·" Thus ~ one !JI. .t:l\e most iJltereSliBg college commence· -~ ever held in the State. and augurs uniCh for the. future prOllperity of our

~te U~ive(Sity.

·~Y l~ and ~Uy the

.,n ·

Indft·

a.fta/Uni~ 'see many~· c0Uege .. , . , I ' , · : · · ·

~"'(:~-~''tiidi;u;a·Daily ··Sta.w·. ~ti.riel, AiJgust 13, 1857.

i. ;

r! ·'

-34-

Jud&e George A. Bicknell Judge Bicknell was born in Philadelphia in 1817. He came from an old and distinguished family. His educational advantages were exceptional for hi• d&¥• He graduated from the University of Pennsylvania in 1831 and in 1834 received the degree of A.M. from the same in•titution. Choosing the law as a profession he entered Yale College pd graduated from that institution. Re located at Scottsburg, Indiana in 1846. In 1846 he was elected comnon Pleas Prosecutor and in 1850 Prosecuting Attorne7 for the Judicial Circuit.

He held this pos-

ition for 24 7ears, and made a most enviable record as Circuit

.\ !

J°f

"·~

J\ld&e. In 1861 Judge Bickmll was chosen Prof'essor of Law at Indiana Universit1 and filled that position until 1870. Ju!ge Bicknell had

11. !!

a pro:toimd knowledge of the law, and as a teacher he was equall7 ;~

successful as on the bench.

.l!

In 1876 he was elected to Congress and served creditably for four :I

;years.

In 1881 he was apPointed to the Supreme Court Comnission of

Indiana. 'l'hiB commbsion was establ1sh8d as an aid to the Supreme

t·' l II

:I.

Court to relieve the cramed condition of its Docket. 'l'he

dec1at~ie'1.9

ild

l I

f' ' 1r1· b

-35-

ot the Comniesionera waa of the same effect aa those of the SlJRreme Court and published in the Supreme Court reports as a part thereof. The tenure of this appointment was two years. While Judge :Bicknell was engaged as Professor of Law he produced Bicknell' 1 Civil practice.

.A. standard work, largely

used by the Bench and !ar and a second edition was later issued. He followed this work with Bicknell'• Criminal Practice which was of the same high grade and it likewise went through two edi tione. Judge Bicknwll guided the Law SChool through moat adverse conditions.

'J!he war interupted the etudies of many young men so

that the attendance was greatly reduced. His euceess as a teacher and the prestige of hie name ae well

as hie conduct of the Department enored largely to it.• benefit. The classes of 1870 and 71 were much the largest of a:cy such group in the history of the school up to that time.

Dr'. 1'7lies History give•

the names of twenty members of the class of 1870 and thirty one of the class of 1871.

-36-

Judge Petit. During Judge :Bicknell 1 a last 7ear w1 th the iaw Department he was assisted b7 Judge John

'J.

Petit of Wabash.

Judge Petitâ&#x20AC;˘a connection with the University was unfortunatel1 of short duration. He was a graduate of Uoion College. A native of New York, back in 1820.

was ad.mi tted to the Bar in I rdiana in

1841 and commenced practice at Wabash, Indiana. He had served in the Legislature and three terms in Congress. Had been United States Counsul in Brasil, Speaker of the Lower House of the General Assamb17 and Judge of the Circuit Court. He wB.8 held in high esteem as a

La'W1er and known as one of the ablest la'W1ers in Northern Indiana. He had an extensiye knowledge of the Law and did commendable work as a teacher of the subJ ect. He was a CUl. tured and scholarl7 gentlemen. Short17 after leaTing the law School, he was appointed Judge of the Circuit Court and chosen at the succeeding election to succeed himself. He occupied that position until his death at his home in Wabash, Indiana March 21, 1881.

The course of stuiy was two 7ears. The Junior 1ear was given to the study of Blackstone, Kent â&#x20AC;˘s Commentaries, Contracts, :Pleading Mercantile Law.

•~ -37-

The Seniors counted Kent'• Commentaries, lquit7 and Equity pleading, Real property, Greenlief on.Evidence and after Judge Bicknell resigned, Bicknell'• Practice was used till the school closed. The students were advised to procure certain boob in add-

i tion to the prescribed text books.

Instruction was b;y means ot

recitations had on the text books and by lectures by the Professors.

.1 mock Court was held for trainii:g in actual practice. This

was open to all students. The rules of practice, formes of pleading

and entries for Court record were studied. Legal propositions were diacussed b7 the students and they were trained in the art of forensic discussion. 'l'he session of the mock Court were held on Saturd81', but from 1874 to 1877 it convened

tour times a week.

. Williams on Personal Property

Sedgwick on Statuto17 Construction May on Insurance

Cooleyls Constitutional Limitations Benjamin. on Sales During the period of Judge Bicknell'• connection with the Law School it sent out into active practice, a very large percent of

' ;

'i: ti !

ri 'i'

-38-

~ .1

graduates who became distinguished members of the profession. Per-

haps a larger percent than at srq time in the hhtory of the In•-

t1 tut1on.

!he old Law School was noted for the high type of good lawyer a which it produced.

L ':

i ~

'i:: !,

lt i

t I

l1··.

u 1>

tl:1 :

t i'

r .' i

f ~~

ifr

:~,.

I!' Ii

ii; 路!

~f. I

li'.路

.ii,,

JUDGE DELANA R. ECKLES Judge Eckles was born in Fleming County, Kentucky, on August 19, 1806, and was admitted to the bar in 1827. He served in the Indiana General Assembly, and later was Mayor

Greencastle.

He was a soldier in the Mexican

War, and was judge of the Federal Court of the Territory of Utah prior to the Civil War. He was judge of the Circuit Court for 16 years, and professor of law in 1872 and 1973. He died at Greencastle in 1888.

;

!' !

.' ~

JUDGE CYRUS F. McNUTT Judge McNutt was born in Johnson County, Indiana, on July 29, 1837, and was educated at Franklin College, though not a graduate. He had a distinguished career as a lawyer and a judge and was frequently called upon to act as special He became head of the Law Department in 1875

judge.

and continued until the law school closed in 1877.

was a resident thereafter of Terre Haute, Indiana, where he practiced his profession. Attorney In Darrow Case ! Judge Cyrus McNutt, a citizen of Bloomington in the latter part of the seventies, and at thl:! head of the law department of Indiana University, is an attor路 ney in the case of Clarence Dar路 ~OW; now on trial at Los Angeles ,Calif.; charged with bribing jury路 men in the McNamara case. Judge McNutt was also an at路 tomey for the McNamara brothers, and received a fee of $10,Q90. })~ } ~ ) ~

..,,...,.,_..

_ --- ---- -----

___________.._________ .JI

-------路路----

t i!

JUDGE DAVID DEMAREE BANTA Judge Banta was born on May 23, 1833, in Johnson County, Indiana, attended Franklin College, and entered Indiana University in 1855.

He had long service at the bar,

was Prosecuting Attorney, Judge of the Circuit Court, and in the general practice at Franklin, Indiana. He was a member of the Board of Trustees of Indiana University from 1877 until 1889, when he was chosen Dean of the Law Department to revive and reorganize the law school. From 1882 to 1889 he had been president of the Board of Trustees. There were a number of distinguished men in Judge Banta's class at I. U., including John W. Foster, Judge Hester, Robert R. Hitt (for many years a member of Congress from Illinois, and who reported the Lincoln-Douglas debates in 1858), Col. W.

L. Taylor (distinguished as a soldier,

lawyer and Judge), and several others who were his contemporaries during his college career. Judge Banta was not only a profound lawyer, but was superior as a teacher.

He was an organizer of great ability.

He initiated the new law school and started it on its way with a momentum that has increased with the years.

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Judge Banta was also a scholar.

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He wrote the

history of Johnson County, the history of the Presbyterian Church at Franklin, and among his other productions are

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several articles on the early history of Indiana University

which are not only good reading, but remain standard authority on that subject after a lapse of more than 50 years.

loved the outdoors and was an ardent hunter and fisherman, and he wrote many articles for outdoor magazines.

He had

a fine sense of humor and possessed the happy faculty or being able to impart his knowledge to his students in an always interesting and entertaining way. Judge Banta died in Bloomington in 1896.

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WILLIAM PERRY ROG~

No history of Greater Circinnati would. be at all complete an~ comprehensive without some extended ~ention of the life and labors of the late William Perry Rogers, who, over a long period of years, was one of the most prominent and influential members of the vast legal frater:1ity of the He was to quote one writer, "A man remarkable in the bread.th

Middle West.

of viduality, and yet one whose entire life had not one esoteric phase." He was well-known throughout the juridical circles of Cincinnati, and his death in the latter part of 1921, lost to that city one of the most brilliant legal lights it had ever known. William Perry Robers was a native of Indiana, torn near Bloomington, on March 3, 1857, the youngest of nine children of William K. ani 5arah

o.(Boruff) :!Rogers, both now deceased. He entered a preparator1 school

Bloomington, and upon the ceompetio n of his course there he matricUlated at the Indiana State University, whence in due time he was the degrees of Bachelor of .Arts and Bachelor of Laws.

~rad.uated

with

Upon the completion

of his scholastic work he at ouce e:nbarked upon the practice of his chosen profession

openi~

law offices in Bloomington, where, 1 n a very short

time, he gained recognition as a lawyer of :nore than ordinary attainments. So~n,

he was offered a professorship in the law department of Indiana

University, and upon the death of Judge Banta, the dan of that department ~.

Rogers was chosen to succeed hi:n.

He served as dean of the law depart-

ment of Indiana State University until 1902, in which year he ca.me to Cin-

-40-

cinnati, Ohio , to accept the position of Dean of the

CL~cinnati

Law

School, in which latter position he served with his usual ability, and efficiency until 1916, when he resigned in order to give his attention to the many important business interests with which he had become identified.

Investments in. Kentucky oil lands proved most lucrative, and

at the time of his death Mr. Rogers was serving as president of the Bald Rock 011 Co91Pany and of the Provident 011 Company, 'both of which enterprises he had established himself.

He was a man of f a.r-seeing judg-

ment and marked executive ability, was eminently Slccessful in his business affairs, and. was accorded a place of prime importance in. the commercial circles of the

~een

City.

In 1919 Mr. Rogers and his family re-

moved to Los .Angeles, California, with the intention of making that city their permanent home, but after his death the remainder of the family returned to Cincinnati to live. Mr. Rogers was very public-spirited, and never lost an opportunity to give an additional iiq>etus to local progress and advancement.

In 1914-

15 he served as president of the Business Men's Club of Cincinnati, and for three years was an able member of the

~Oard

of Directors of that organiz-

ation. He was also a member of the Literary Club, and at one time served as president of the Ohio State Bar Association. In 1906 he was greatly honored by beil\g elected as president of the Association. of .American Law Schools. Politically, he was a staunch Republican; while his religious affiliation wa! given to the Disciples Church of Cincinnati, of which he was a regular attendant and a most liveral supporter. His death occurred

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in the Presbyterian Hospital in Chicago, ;;.Jl

Illi~is,

on October 9, 1921,

in. hie sixty-fourth year, leaving behind a large circle of friends who have never ceased to mourn the loss of ao brilliant an intellect and so charming a personality.

One biographer, in speaking of his outstand-

ing characteristics, has written as follows: It can be safely said that those who knew Mr. Rogers best loved h111 most and were grateful for the privilege of Assiciation wt th him,

because of the gentleness and

~uri t7

of his life, of his unfailing

courtesy and consideration for others, which was as JIUCh a habit •ith him

asbreathi~,

of the strength and elevation of his character and

the uprightness and no bi ti ty of his con-duct.

The clearness of his in-

tellect, the vigor of his reason, were not more remarkable than the directness and disinterestedness of his action.

His lo!t1 ideals were

not marred by inconsistency of conduct. He had the faith of Lincoln that "right makes might"; h.e sought the truth, and having found 1t he dared to follow where it led.

With the gentleness of a woman, he combined the

courage of stalwart manhood,

am,

being true to hb1self, he could not be

false to any man. He could al 1'83'8 be relied upon to support by voice, by labor and by example the cause of righteousness, and his influence for good. in the community was izx:alculable.

Every local ben-evolent or charitable

movement found in him a hearty supporter. His culture, his learning, his urbanity, his exquisite humor and kindliness made him the most delightful companion-, and his sincerit1 ani loyalt7 made him the truest ·of friends.

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William Perry Rogers was married, on March 30, 1882, in Bloomington Indiana, to Estella B. Clark. He is survived by his widow and their three daught~rs, Ethel Rogers Turner, wife of w.M.Turner; Mrs. Norine Rogers, and X:athr111 Rogers Gates, wife of John Gates, Jr. first son., died in infanc1# and the other son, Clark twent~first year.

Maurice, the

Rogers, in his

Tbu.s was born, and thus lived, labored and died one

of the most brilliant lawyers of hie age, a man whose achievements equalled his ideals, a man whose career aid record is eminently worthy of emulation by the presant generation of risi rg young lawyers; and a man of whom one annalist has spoken in the ftnlowing glowiDg but most worthy phrases: His entire accomplishment but represented the result of the fit utilization of the innate talent which was his and the directing of his efforts along those lines where mature judgment alli rare discrimination led the way.

There was in Mr. Rogers a weight of character, a native sagacity,

a far-seeing judgment and a fidelity of purpose that commanded the respect

of all, but greater than these was his unswerving i!ltergrity. In the largest and "tsst sense of the term, Mr. Rogers was distinctivel7 one of the most notable men of his

and generation. As a citizen he was public-spirited

and enterprising to an unwonted degree; as â&#x20AC;˘ friend and neighbor, he combined the qual 1 ties of head and. heart which won confidence and COtll!Ilanded respect; as an attorney, who had a comprehensive grasp i.ipn the philosophy of jurispl"l,dence,

he was easily the peer of his professional brethren, and

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aa a rosiness man he exhibittd ability of the highest order. less than supererogation in

outlini~

It i1 scarce

the leading facts in hie life to

ref er to him as a lawyer in the ord.iaary prhaseology which meeta requirements when dealing with the acerage member of the legal profession. ster of his profession, a leader among men

disti~ished

He was a ma-

for the high order

of their legal ability, and his eminent attainments and ripe judgment made him an authority on all matters involving a profound knowledge of jurisprudence and vexed and intricate problems of law.

Indianapolis, Indiana. July ?, 1942.

Mr. Robert G. Miller, lO?i W. Kirkwood Avenue, Bloomington, Indiana. Dear Sir: In regard to your letter of July 2nd, father and I are very glad to co-operate. Father attended the Indiana University Law School two years, and in 18?3 started to practice in Spencer. The head Professor at that time was Delana R. Eckels, former judge of that circuit. He was an old fashioned common-law lawyer, not knowing much about new law practice. There was a second Professor whose name father forgets, but he lived in Terre Haute, Indiana. . ;'.'. -. ' i 路 The law classes met on the second. floor of a brick building, one block north of the court house. By any chance you should want a picture, please let me send you one. The one used in your year book a couple of years ago was so poor, and did not do father justice. Father remembers you, and was happy to hear from you. I hope these facts will be of some help, though it is not much. Very truly yours, ~

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July

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1942

.1.~obert

G. l1liller and Counselor at Law 10'7-~ West Kir~·:wood Avenue Bloorninrton, Indiana

~ttorney

Dear .,Ir. i.iiller: I appreciate your letter of June 6th and I am sorry that I did not get to see you again after the convention.

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The information requested in your letter is an example of how often it is ~rought to one's attention how little he knows about local a ff airs, or even his local bar. I am ::lad to include in this letter facts about Judge Hunter, 1:athered in a conversation on the telephone a vrhile ago, only a fev: of which I lmew anything a bout. know him aroTu'1d here as l!Judg-e Hunter". He is now ninetythree (93) years of age and is in hale and hardy health. He does not appear to be seventy-five (75) years old. After graduating from Indiana University, he tau['.ht school for a few years, and then formed a law part.:J.ership with Yi. A. Traylor in Jasper, under the firm nar;;.e of "Traylor and Hunter", which lasted for twenty-one years. Mr. Traylor, of course, is dead. Then he entered into a law partnership with \;. E. Cox, which lz,s ted tv1ei1ty years, or I believe until l1Ir. Cox v;as elected to Congress. 1.:r. Cox died about six months ago but on his return fro:~ Congress he and 1lr. Hunter did not resuD.e their partners~c.ip. Er. Jhmter continues to maintain his own law of+-ice at 509·~ ~iiaine Street, Jasper, Indiana. Judge I·Iu,.Ylter is a Civil \iar Veteran, having entered the s~rvice in 1863, anc' served with the Union forces for two years. He is married and resides vii th his wife at the address given in your letter. He has served as preside'1 t of the Dubois County Bar Association for a number of years, as well as in many other honorary positions, and is a v1ell respected and outstanding citizen in this county. He is a republican and is proud of it, but he has never held any political office of a judicial nature, but it seems to me that he may have served as postmaster in Jasper. Due to the age of I\tir. Hunter he does not atte::ipt to practice law except in a very mild sort of way, and keeps his office r:r1ostly as a loafing place away from home.

~iie

Robert C. ,.Iiller

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July 9, 1942

This information maybe a little incomrlete and if you want any more definite facts I will take some more time and get them for you. Please write me if I can b~ of assistance.

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