USA > Indiana > St Joseph County > A history of St. Joseph County, Indiana, Volume 2 > Part 8
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So excellent had become the literary quality of the "Scholastic" that a desire was mani- fested to select and publish in more perman- ent form the best articles appearing in prose
and verse, together with calendars and other matters usually going with year books.
The task of compilation was undertaken by Professor Lyons; and the first of the "Scho- lastic Annuals" was issued for the year 1876. And for every year thereafter, until his lamented death, in 1888, Professor Lyons issued the priceless annual. It forms a treasure of good things, and is beyond all value to those who knew Notre Dame during the thirteen years of its publication.
This was but one of the many works pub- lished during his too short life by Professor Lyons. He had a genius for young men, knew their needs and their aspirations, and had an uncommon knowledge of the means necessary to make them noble men. How many, many a young man learned from him to live uprightly, purely and grandly! How attached were they to him in life, and how they mourned him in death!
During the presidency of Father Dillon, as we have seen, a scientific course of studies was established, and students began to be gradu- ated in this course as well as in the classical. But it was not until the administration of Father Corby and that of Father Lemonnier that this course was firmly established.
During the first quarter of a century of its existence, the curriculum of studies of the University of Notre Dame was that of an ordinary college, with a single faculty-that of arts. During this period the progress of Notre Dame, as an educational institution, while necessarily slow, was yet healthful. Year by year, her sole faculty increased in numbers and efficiency, so that in 1867, and at the celebration of her silver jubilee, she could rightfully claim a high and most honor- able rank among American colleges, but noth- ing more. That year witnessed a great awakening and a generous effort towards higher destinies. The work of a real univer- sity was about to take form, not at once, but gradually ; the elements of success for the new departure were very diligently gathered to- gether.
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Able professors, both lay and cleric, were secured; the curriculum of studies was thoroughly revised and greatly enlarged and improved; the cabinet of physics was over- hauled, rearranged and much increased by the purchase of new instruments; the library and the museum were considerably augmented and were catalogued and moved to better quarters.
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These important departments had hereto- fore, of necessity, remained almost stationary, rather through want of funds, however, than from inattention or indifference. In 1860 the library had barely contained two thousand volumes, and these chiefly in French and Latin, and of little use to students or profes- sors. The museum then consisted of a num- ber of stuffed animals and birds, with a small collection of eggs, chiefly purchased in 1856. Unfortunately, for want of space, these ob- jects of natural history were placed in an ill-lighted upper hall. One part of the collec- tion was of great value, both from a pecuniary and a scientific point of view; that was the great herbarium presented to the university in 1855, by the eminent French botanist, De Cauvin.
Yet, when we consider her humble begin- nings, bordering on absolute destitution of almost everything needful for success, Notre Dame had made strenuous efforts, and not in vain, to reach the higher plane to which she was evidently destined under Divine Provi- dence. With the new buildings of 1865, much better accommodations were provided; and with these material improvements a strong impulse for a higher educational life was felt, and a well directed determination was manifested on the part of the college authorities to raise the standard and to ex- pand the circle of studies. These impulses and efforts soon led the way to a new era of university life and action.
Of the army chaplains who went to the front during the war, for the Union, three, as we have seen, Father James Dillon, Father Leveque and Father Bourget, died as the
result of their toils and exposure during the service; two others, Father Cooney and Father Gillen, entered on the labors of the mission. The remaining two, Father Corby and Father Carrier, drawn by the original bent of their minds and hearts, returned to the congenial pursuits of literature, science and the arts.
Father Corby was now president of the uni- versity, and Father Joseph C. Carrier was a member of the faculty and of the Council of Administration. Both, with their ardent na- tures, cultured minds and wide experience, were enthusiastic for the future of education at Notre Dame. As preliminary to the im- provements contemplated, Father Carrier was, in the spring of 1866, sent to France on busi- ness for the university and for the Congrega- tion of the Holy Cross. He was commissioned to procure, amongst other things, books for the library, instruments for the cabinet of physics, chemicals for the laboratory, and ob- jects of natural history for the museum. Dur- ing the seven months of his stay in Paris, Father Carrier was not a day idle in the gay capital, but was constantly engaged in the furtherance of the interests entrusted to his care. That his mission was successful may be known from the fact that more than twenty large boxes were forwarded from Paris to Notre Dame, containing a multitude of ob- jects, mainly for use in the university and in the Church of the Sacred Heart. Among the objects so sent may be mentioned the fine six- inch telescope, a gift from Napoleon III; a collection of two hundred volumes presented by the French government; and numerous church ornaments and sacred vessels, pre- sented by the emperor, the empress and the prince imperial.
On his return to Notre Dame, Father Car- rier was entrusted with the task of putting the scientific course of studies upon a satis- factory basis. This was an important step towards realizing the idea of a university, and henceforth that idea was never lost sight of, until finally it has attained its present de- velopment.
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Father Carrier was at first librarian, cura- tor of the museum and professor of physics and chemistry. He devoted the autumn of 1866 and the early part of the next year to re-arranging, systematizing and classifying the now greatly enlarged library, museum and laboratory. A little observatory was erected, and the large telescope found a place under its revolving dome. At the beginning of the second session of 1866-7, a class of botany was organized, the starting of the class being attended with much enthusiasm. A corps of four or five competent professors was secured, and the course was fully under way in September, 1867, the general direction of the classes being for several years under Father Carrier. The several branches of the physical and natural sciences, physics, chem- istry, zoology, botany, mineralogy, geology, physiology, and comparative anatomy, were taught with success.
After a year or two Father John A. Zahm, since the distinguished scientist and author, whose "Sound and Music" and other works have attracted world-wide attention, was as- sistant director and able professor in the course. Other professors were Fathers Thomas L. Vagnier, Alexander M. Kirsch, Louis Neyron, Professors Stace, Baasen, Ivers, Howard and others.
In order to enhance the efficiency of the scientific course of studies, and to foster a more intimate bond of fellowship amongst its professors and students, there was established, in the spring of 1868, the United Scientific Association, at whose meetings valuable pa- pers were read by both teachers and pupils.
The little botanical garden, to the west of the old church, laid out by Father Carrier in the spring of 1867, will be remembered by many. The larger garden laid out by him with great labor and success, at a later date, in 1872, at the east end at St. Joseph's lake, was at the time perhaps the most complete botanical garden in the country. Here the student of plants and flowers read nature more perfectly than in any book, especially
when the genial and devoted master, Father Carrier, was present to translate for his pu- pils dame nature's obscurer language.
In the early seventies, a thorough course of civil engineering was established, and also a partial course in medicine. The departments thus organized, together with the older de- partments of literature and the arts, and the later ones of applied electricity, of biology and mechanical engineering, have continued to prosper to this day, and the scholars there formed have everywhere reflected the highest credit on their Alma Mater.
Father Carrier, after presiding for some time over educational institutions in Texas and at Cincinnati, has now for many years found himself at St. Laurent college, near Montreal, where he retired in part on account of ill health resulting from his military ser- vice, and where he continues as at Notre Dame, the devotee of scientific pursuits. For Notre Dame, he did indeed a great work, the fruits of which we have long been reaping.
In 1868, under the presidency of Father Corby also, the board of trustees took the first steps towards organizing a law school at Notre Dame. In January, 1869, the law de- partment was formally established, and on February 1, of that year, classes were opened. The classes in law were at first under direc- tion of Professor Colovin, a progressive and active young lawyer, brother of Father Colo- vin, afterwards president of the university. Other teachers, either solely or in part in charge of the law classes for several years thereafter, were Professor Peter Foote, an attorney-at-law from Chicago; Francis C. Bigelow, from Dayton, Ohio, afterwards Father Bigelow; the Hon. Lucius G. Tong, already named as connected with Father Patrick Dillon in establishing the commercial department of the university, and others.
The following further history of the law department of Notre Dame, with some intro- ductory matter, is taken from a New York law journal :ª
a. Intercollegiate Law Journal, New York, June and July, 1892.
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The University of Notre Dame is situated about a mile north of the corporate limits of South Bend, Indiana, a city of 27,000 in- habitants. It is owned and conducted by a famous religious community of the Catholic church, known as the Congregation of the Holy Cross. It was established in 1842, and chartered in 1844. While Catholic students are in the majority, yet students of all reli- gious denominations attend. However, re- ligion is never made the subject of controver- sy, and there is absolutely no friction on account of it. Freedom of opinion in that regard is respected and secured in all cases.
The building comprising the university pro- per, and its several departments, are among the stateliest and most attractive in the West. The chief ones are ranged in the form of a parallelogram or square. They are the uni- versity proper, the conservatory of music, exhibition hall, department of mechanical en- gineering, observatory, U. S. post office, li- brary department of law, and the church. Back of them are the manual labor and agri- cultural schools, a large printing office and bindery, a seminary or ecclesiastical school, a novitiate and normal school, and an infirmary or hospital, together with bath-houses, gym- nasiums, etc.
The grounds are very extensive and com- prise at least one thousand acres. Just north, and in the rear of the main building, is one of the most attractive little lakes. in the state. It is about a mile in circumference, and the receding shores rise to a considerable length, and are crowned with a heavy growth of tim- ber. The lake is made available for boating in the summer and skating in the winter. Be- sides, the St. Joseph river, skirting the uni- versity grounds, is less than a mile distant. The outlying grounds, comprising about five hundred acres. are under cultivation. In ad- dition to the land around the university the corporation owns, in the adjoining township, a farm of three thousand acres. This is used for agricultural and grazing purposes.
The students board, lodge, and have their school year homes at the university. As the law students enter into the general current of collegiate life it is thought advisable to give these preliminary facts before dealing especially with the law department.
This was founded in 1869 by the Very Rev. William Corby, then president of the uni- versity. However, after the fire of 1879, which destroyed all the old buildings, the
number of law students greatly decreased. In fact, it had fallen to a discouraging mini- mum in 1883, when the Rev. Thos. E. Walsh, who then was and still is president of the uni- versity, determined to reorganize this depart- ment. To that end he secured the services of a former student of the university who was actively engaged in the practice of law in Chicago. The name of this gentleman was William Hoynes, LL.D. Of him, when about to leave that city, newspapers published per- sonal notices highly complimentary,-the fol- lowing from the Chicago Evening Journal serving as an example: "Mr. William Hoynes, one of the very ablest young men of the Chicago bar, has just accepted the pro- fessor's chair in the law department of Notre Dame University. The university authorities are to be congratulated on their selection. Mr. Hoynes as a speaker, writer, thinker, and lawyer, has no superior of his own age in the Northwest."
As a boy, Col. Hoynes learned the printing trade in the office of the La Crosse (Wis.) Republican. In 1862, while still a mere boy, he enlisted in the 20th Wisconsin Volunteers, and went to the front. He was very severely, and it was feared fatally, wounded at the battle of Prairie Grove, Ark. , But his won- derful vitality and constitutional vigor en- abled him to rally and return from the gather- ing shadows of the dark valley. He was wounded again later in the war, his command being then in Mississippi. After the war he returned to the printing trade, and worked at the "case" until 1868. He then entered the University of Notre Dame as a student. In 1872 he received the honors of graduation. Afterwards he was called to New Brunswick, N. J., to take charge editorially of the Daily Times. His services as editor were very suc- cessful and highly valued, but his desire to perfect himself in the law was so great that he resigned his position with that object in view, and returned to the West in the fall of 1874. However, before getting fairly into practice, he again did editorial work on lead- ing newspapers in Chicago, Denver and Peoria. In the city last named he edited the Daily Transcript. While engaged in editorial work he was wont to give his spare time to reading law, and as opportunity offered he tried cases in court. In 1876 he received the degree of Master of Arts from the University of Notre Dame, and some time prior thereto he was made an LL.B. by the University of
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Michigan. He was first admitted to the bar in Michigan. Afterwards he was admitted to practice before the United States Supreme Court and also the Supreme Court of Illinois.
In 1881, Col. Hoynes dropped journalism altogether and turned his attention exclu- sively to the law. From the very first he met with success, and had a lucrative practice when called to take the chair of law at Notre Dame. Thereafter the number of students steadily increased. It now averages about thirty-five. A library comprising the stand- ard text-books and reports was purchased. This was placed in the moot court and lecture room so as to be accessible to the students at all reasonable hours. The course of study was extended to three years for those attend- ing two classes a day, and two years for those taking three and participating regularly in the moot court work, to which Wednesday and Saturday evenings, or about four hours a week, are given. The methods of instruction adopted may be called, for the sake of brevity, the eclectic system.
It aims to combine the best features of the distinctive courses of other law schools, to- gether with such additional and original means of imparting legal knowledge as to the dean may seem proper. Two lectures are de- livered daily, copious notes of the same being taken by the students. These are advised to read during the day the most important cases cited in the notes. Whatever appears from time to time to be specially difficult to re- member is written on the blackboard, in addi- tion to being stated in the lecture, and stu- dents may at their leisure study and copy it into their note-books. Instructive illustra- tions, or actual cases briefly stated, are given in explanation and support of such principles as seem at all obscure to learners. The lec- tures are changed year by year, even the latest cases being cited when they seem to be well considered and likely to stand the test of arguments for a rehearing. Text- books on the subjects treated by the lectures are read collaterally by the students. The notes and text-books are thus found to be reciprocally aidful, and the principles stated in them are as firmly fixed in the mind as may reasonably be expected in the case of be- ginners. Moreover, Kent's Commentaries, and some of the revised editions of Blackstone are read. Written examinations, comprising on an average about five questions for each day, are given to the students at the "quiz"
class, which meets every afternoon. Atten- tion is thus drawn to the most difficult points, and distinctions to be noted in each branch of the law, and the questions and answers bearing upon the same are written out and handed to the dean the following week. He examines them, or has them examined, mark- ing mistakes of all kinds, whether in law, orthography, the meaning of words or other- wise, and the papers are then returned to the . writers. Moreover, oral examinations are held daily at "quiz." Much attention, too, is given to the study and analysis of leading cases. A strong case, is, as it were, taken apart, and put together, and considered in all its elements and relations. What the rule would be if this element or that element were want- ing, etc., is pointed out, and the reason for the doctrine governing it as a harmonious whole stated. This exercise is made very in- teresting, instructive and profitable, and gives the student remarkable facility in unraveling the intricacies of hypothetical cases, and stat- ing how they should be decided under the law. Fortunately, the class is not so large as to prevent this kind of work, and moot court practice from being carried on successfully. Referring more particularly to moot court work, it may here be stated that to it much time, thought and research are given. We have the regular moot court, a court of chan- cery, and a justice's court. One of the most advanced students in the post-graduate course is chosen justice of the latter court. Assisting him are a clerk and constable. Col. Hoynes, or Professor Hubbard presides as chancellor in the court of chancery, and judge of the moot court. The court of chancery has its clerk, master, bailiff, reporter, etc., while attached to the moot court are a clerk, prosecuting attorney and reporter, as well as the sheriff and coroner. Statements of facts involving disputed questions of law are given by the dean from time to time to the senior students who select juniors as assistants. Pleadings are filed and issue is joined in practically the same manner as in cases of genuine proceedings in court. In like manner too, juries are impaneled, witnesses examined, arguments made, and instructions given to the jury. And with like formality the ver- dict is returned and a motion made for a new trial. This is argued in from three days to a week afterwards, and granted or over- ruled. Then follow the steps incident to an appeal. Most of the cases involve points of
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law exclusively, and are heard and passed upon by the court without the intervention of a jury. Moot court work is deemed a highly important feature of the system of instruction pursued at Notre Dame.
All law students entitled to the standing of juniors in any of the collegiate courses are given rooms in Sorin Hall without extra charge, and those pursuing the post graduate course are supplied with rooms in the same building without reference to the test pre- scribed for under graduates.
The post graduate course is for one year. Those following it attend lectures on the Roman or civil law, comparative jurispru- dence, history, and philosophy of law, rise and development of institutions, parliament- ary law, etc. Much attention is also given to the preparation of pleadings, moot court trials, miscellaneous work of a law office, etc. By way of showing the thoroughness of the work thus done, it may be stated that the graduates, in many instances, open offices and put out their "shingles" very. soon after leaving here. This is especially true of those who begin practice in the newer states. Pre- liminary work in a law office is often found impracticable in such cases.
All classes in the collegiate courses are open to the law students without extra charge. In fact, they are required to take some of these classes, as logic and history, in order to pass an examination before graduation. · It is op- tional with them to take elective studies, or, should they desire to become candidates for a degree, the regular studies of any course they may select.
The cost of tuition, board, lodging, washing, mending, etc., is $300 a year. The scholastic week begins the first week of September and closes the last week of June. At least ten or twelve hours a day are given to class work and study in all the departments. I know of no institution anywhere in the West in which students do harder or better work. A mile distant from town they enjoy immunity from the distractions incident to town life and the claims of society upon their attention and time. They may work, with . reasonable intermission for meals and recreation, from six o'clock in the morning until half-past nine at night.
Col. Hoynes is dean of the law faculty. He is assisted by ,the Hon. Lucius Hubbard of South Bend, one of the ablest and most widely known lawyers in Indiana. Congress- Vol. II-4.
man Abraham Lincoln Brick, of the same place, delivers lectures on criminal law and criminal pleadings.
The Hon. John Gibbons, L. L. Mills, Dr. Harold N. Moyer, of Chicago, and William P. Breen of Fort Wayne, are also named in the catalogue, and counted upon for occa- sional lectures. Col. Hoynes is still actively engaged in the practice of the profession, but he is obliged to limit himself to cases of more than ordinary moment, and to the Chicago courts. His work at Notre Dame is extra- ordinary-probably without precedent or parallel anywhere. It is not at all unusual for him to lecture and give instructions in the class-room three or four hours a day, besides preparing statements of facts, hearing and deciding most moot court cases, etc. As a recognition of his literary work and thorough acquaintance of the law in all its branches, he received in 1887 the degree of LL.D. from the University of Notre Dame.
Col. Hoynes is too busy to bestow much attention upon politics, although he was the Republican candidate for congress in this (13) district in 1888, and succeeded in reducing the Democratic majority given for his com- petitor in 1884 about 1900. The district has been heavily Democratic for several years, but he came so near carrying it that he was be- lieved to be elected for a whole week, and his name was at the time published in the newspapers as among the elected. It is generally conceded that he would have been successful had he worked less strenuously for Harrison and Hovey, and more particularly for himself. But it would not be natural, if even possible, for him to do so. Selfishness would indeed be an incongruous element in a nature so cordial, kindly and sympathetic.
At the close of the first presidency of Father Corby, in the summer of 1872, there convened at Notre Dame an assembly which, from its unique character, merits special re- mark. Then and there, for the first time since the discovery of Columbus, a general chapter of a religious order was held in the New World. At this chapter, by virtue of his office as superior general of the Congrega- tion of the Holy Cross, Father Sorin presided. The venerable religious had now become patri- archal in appearance, and quite unlike the black-haired, dark-faced, lithe-bodied young
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priest who stood upon the banks of the frozen lake and looked out over the snowy landscape in 1842. The snows were now transferred to his noble brow and to his flowing beard, both worthy to adorn a prophet's head. Only the dark eye of genius, only the strong mental grasp, the immortal youthful hope, and the childlike faith, marked him as the same cour- ageous and far-seeing priest that had planted the cross in the wilderness, and beside the cross built up this dwelling place of religion, art and science. On returning from the third plenary council of Baltimore, Father Sorin had said of Archbishop Spalding, who pre- sided there: "He is not only the head of the church in America by virtue of his office,
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