Downing, Robert J., Honorable

English

Loyola University Chicago, School of Law: LAW eCommons

Loyola University Chicago Law Journal
Volume 8
Issue 4 Summer 1977, Fair Employment Practices
Symposium
Article 4
1977
Justice John Cornelius Hayes, Jurist, Professor,
Scholar, Religionist, Humanitarian, Soldier
Robert J. Downing Honorable
Presiding Justice, 2nd Division, Appellate Court of Illinois
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Robert J. DowningHonorable, Justice John Cornelius Hayes, Jurist, Professor, Scholar, Religionist, Humanitarian, Soldier, 8 Loy. U. Chi. L. J.
675 (1977).
Available at: http://lawecommons.luc.edu/luclj/vol8/iss4/4
1977] John Cornelius Hayes 675
Thomas More Association of America. He served as president of the
Archdiocesan Union of Holy Name Societies of Chicago and held the
important position of president of the National Council of Catholic
Men from 1959 to 1961.
Society does not place monuments in public places to commemo-
rate the service of lawyers and judges. There will be no public monu-
ment for John Hayes, but he will not be forgotten by our legal
community. Thucydides recorded that Pericles in the magnificient
funeral oration spoke of "a record unwritten with no tablet to pre-
seve it, except that of the heart." His memory will be preserved in
many hearts.
Requiescat in pace.
Justice John Cornelius Hayes, jurist, professor,
scholar, religionist, humanitarian, soldier.
HONORABLE ROBERT J. DOWNING*
My first acquaintanceship with Justice Hayes was in 1938 as one
of his students at Loyola University night law school. At that time
the quality of his character evidenced itself as a professor of law.
Following law school, from not too far a distance, I observed his
career as a professor, then Dean of the law school, as a Captain in
the United States Air Force, and as an active layman in various
Catholic lay orgainizations. He authored numerous articles concern-
ing the law and parochial schools. His writings expressed a deep
concern about the controversial subject of obscenity. Throughout
his career he always displayed great humility. With this background
there is no wonder that in the few years he served on the bench, he
displayed an erudite, compassionate, and courageous record as a
Justice of the Appellate Court of Illinois.
In October 1972, he was appointed to the Appellate Court of Illi-
nois by our Supreme Court. He served on the Appellate Court until
his untimely death in February 1977. He was assigned to the court's
Second Division, serving as its presiding judge during the year 1974.
We who enjoyed the delightful privilege of being closely associated
with John during his years on the court will remember him for his
* Presiding Justice of the Second Division, Appellate Court of Illinois, First District.
B.S.C., Creighton University, 1937; J.D., Loyola University of Chicago School of Law, 1942.
Loyola University Law Journal
many brilliant qualities. We share with you, but a few of the distinc-
tive characteristics which stamped him with greatness.
To place any one of his qualities above another would be impossi-
ble. At all times he displayed the highest degree of integrity.
Whether it was between his colleagues in the court, or between the
court and lawyers, he always maintained a genuine state of probity
in these mutual dealings.
Although an appellate judge is not compelled to meet the day-to-
day adversary proceedings of a nisi prius court, John was always a
punctual, courteous, compassionate jurist. His questions to counsel
were both probing and courteous. At no time did he use his judicial
position in a way to embarrass a lawyer before the court, and this
was true whether the lawyer was a veteran advocate or a neophyte.
Perhaps one of the greatest pleasures of being associated with
John was in a court conference where these same qualities prevailed.
Every case, every motion always received the same piercing analy-
sis. If it was on a subject that his experience had not brought him
in contact with, his research was thorough, his questions many, and
his discussion complete. Only then would he express well-reasoned
opinions. He enjoyed the lively exchange of ideas between his col-
leagues. He was willing to change his mind once he was satisfied
that was the right thing to do; likewise, he would maintain his
position when he was convinced he was right.
It was perhaps in the writing of opinions, be they his own or in
reviewing those of his colleagues, that his truly great skill evidenced
itself. He was both a great grammarian and semanticist. He enjoyed
developing a subject and using the right word in the communication
of his ideas. His opinions bear the hallmark of this wisdom.
Justice Hayes had a particular interest and experience in the law
of property and the substantive law of wills and trusts. In these
particular subjects his opinions-either majority, concurring, or
dissent-were like the finished product of a skilled artist. For exam-
ple, in property law, see his specially concurring opinions in Harnois
v. Harnois, I Trice v. Chicago Housing Authority, 2 Urban Investment
& Development Co. v. Rothschild & Co., 3 or Lageschulte v.
Steinbrecher.' In the field of wills, see his majority opinions
1. 10 111. App. 3d 1062, 1068, 295 N.E.2d 511, 515, cert. denied, 415 U.S. 948 (1973) (Hayes,
J., concurring).
2. 14 111. App. 3d 97, 101, 302 N.E.2d 207, 210 (1973) (Hayes, J., concurring).
3. 25 IMl. App. 3d 546, 553, 323 N.E.2d 589, 594 (1975)(Hayes, J., concurring).
4. 36 IlM. App. 3d 909, 915, 344 N.E.2d 750, 755 (1976)(Hayes, J., concurring).
[Vol. 8
John Cornelius Hayes
MacDonald v. Joslyn5 and Toman v. SvobodaI and a specially con-
curring opinion in the very interesting case of in re Estate of Parker.7
His thoughtfulness and compassion is best illustrated in such cases
as his specially concurring opinion concerning mental disease as an
insanity defense in People v. Lechner,8 the divorce case of Sims v.
Sims,' and the child custody case of Bean v. Bean. ' 0 His thorough-
ness is illustrated in People v. Parra. "
These cases are but a small sample of the excellent quality of the
work of Justice John Cornelius Hayes. They, along with some 147
opinions which he authored, will always be a lasting and shining
example of the quality of his contribution in this field of law. In such
a small way we are thankful for the opportunity of sharing in the
endeavors of this great gentleman.
John C. Hayes
THOMAS P. SULLIVAN*
The outstanding attribute of John Hayes for me and for many
others of my vintage (Loyola Law School Class of 1952) was the
inspiration he gave us to be honorable members of the legal profes-
sion. He was our first and foremost model of what a lawyer should
be-a person of high moral principles; a clear and concise thinker,
speaker and writer; one who seeks to understand underlying issues
and to apply rules of law to facts objectively and logically.
We first knew John Hayes as our teacher of the rules of property
law-with seemingly endless analyses of the fox running down the
beach, the ring lost in the sofa, etc., etc. His pursuit of logic and
reason overrode his sense of time, with the result that we spent most
of the semester dealing with the first few chapters of the book, in
long, complex discussions of alternate and sometimes seemingly
contradictory principles. Then, in the waning days of the course
came a mad dash through the remaining four-fifths of the book, in
5. 17 Ill. App. 3d 52, 307 N.E.2d 601 (1974).
6. 39 Il1. App. 3d 394, 349 N.E.2d 668 (1976).
7. 42 Ill. App. 3d 860, 864, 356 N.E.2d 967, 970 (1976)(Hayes, J., concurring).
8. 35 Ill. App. 3d 1033, 1043, 342 N.E.2d 821, 828 (1976)(Hayes, J., concurring).
9. 21 Ill. App. 3d 61, 315 N.E.2d 161 (1974).
10. 31111. App. 899, 335 N.E.2d 72(1975).
11. 35 Ill. App. 2d 240, 340 N.E.2d 636 (1975).
* United States Attorney, Northern District of Illinois. LL.B., Loyola University of
Chicago School of Law, 1952.
1977]


Justice John Cornelius Hayes, Jurist, Professor, Scholar, Religionist, Humanitarian, Soldier

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Justice John Cornelius Hayes, Jurist, Professor, Scholar, Religionist, Humanitarian, Soldier

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