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Edward Archibald Douglas, 1877-1947

 

 
DOUGLAS, EDWARD ARCHIBALD (1877-1947) and ROBERT JOHNSTONE (1883-1972), judges, were born on 2 November 1877 at Fortitude Valley, Brisbane, and on 13 April 1883 at Sandgate, first and fourth sons of London-born John Douglas, premier (1877-79) of Queensland, and his second wife Sarah, née Hickey, from Ireland. Educated at various Queensland schools, in 1892 Edward and Robert journeyed with their brothers to Scotland to attend St Benedict's College, Fort Augustus. On his return in 1895, Edward entered the pearling industry based on Thursday Island where his father was government resident. In December 1901 Edward was admitted to the Queensland Bar, having been an associate from 1897 to Sir Samuel Griffith and then to Justice Virgil Power whose daughter Annette Eileen he married on 9 January 1907 at St Joseph's Catholic Church, Rockhampton. In Brisbane his practice grew steadily. Specializing in taxation and company law, he appeared as counsel in leading commercial, revenue and constitutional cases.

 

After returning from Scotland, Robert completed his schooling at St Ignatius' College, Riverview, and graduated from the University of Sydney (B.A., 1905). Admitted to the Queensland Bar in September 1906, he served briefly as an associate of Justice Real, commenced practice in 1907 at Townsville, and soon acquired a reputation as a persuasive and successful advocate. On 15 January 1912 he married Annie Alice May Ball (d.1952) at St Joseph's Catholic Church, Townsville. He made a special study of arbitration and in 1915 T. J. Ryan's Labor government appointed him a judge of the Industrial Court of Queensland. His duties entailed extensive travel in the north where he sometimes worked in shanties. Prominent in civic and social activities, he was also an alderman (1907) of the City of Townsville. He was tall and upright, with a resonant voice, and precise, factual and direct in the courtroom. In 1923, when 'R.J.' became a judge of the Supreme Court, sitting at Townsville, northerners hailed his elevation as a triumph for the region. His reciprocated loyalty later led him to decline an invitation to join the court in Brisbane.

 

In 1929 Edward was appointed to the Supreme Court in Brisbane. A hard-working, scholarly and erudite judge, with an 'impressively austere' manner, he attracted little public attention until 1938. That year a campaign for the seat of Ithaca was marred on both sides by sectarian bitterness. Sitting as Elections Tribunal judge, Edward found irregularities sufficient to justify setting aside the return of Labor minister E. M. Hanlon to the Legislative Assembly. The decision against Hanlon (who did not give evidence at the hearing) was reversed on appeal by a majority of the Full Court—one of whom was Edward's brother Robert.

 

Following the resolution of the Ithaca case, 'E.A.' found himself being passed over for offices or honours which he might reasonably have expected. In 1944 another disagreement between Edward and the government over failure to restore judicial pensions, abolished in 1921, attracted further publicity in the press and parliament. Survived by his wife, two of his three daughters and five of his eight sons, Edward Douglas died of a coronary occlusion on 27 August 1947 at Ascot and was buried in Toowong cemetery after a requiem Mass presided over by Archbishop (Sir) James Duhig. Speaking on behalf of the profession, A. D. McGill—who had represented Hanlon in the Ithaca case—stressed the esteem and admiration which the judge's conduct in that matter had earned for him among all those who 'look for a fearless and independent Judiciary'. Two of Edward's sons, (Sir) Edward Sholto and Andrew Brice, became active members of the Queensland Law Society.

 

Robert Douglas retired in 1953. Survived by his three sons and two daughters, he died on 24 December 1972 at Townsville and was buried in Belgian Gardens cemetery. One son, James Archibald, was also a Supreme Court judge.

Source: Australian Dictionary of Biography

 

 

 

This page was last updated on 15 May 2011

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