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{{Short description|Barrister and judge (1869-1943)}}
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'''Edward Erskine Cleland''' (7 April 1869<ref>{{cite news |url=http://nla.gov.au/nla.news-article31988244 |title=Family Notices |newspaper=[[The South Australian Advertiser]] |volume=XI |issue=3270 |location=South Australia |date=9 April 1869 |accessdate=26 January 2021 |page=2 |via=National Library of Australia}}</ref> or 6 November 1869 – 1 July 1943 ) was a [[South Australia]]n jurist.
'''Edward Erskine Cleland''' (7 April 1869<ref>{{cite news |url=http://nla.gov.au/nla.news-article31988244 |title=Family Notices |newspaper=[[The South Australian Advertiser]] |volume=XI |issue=3270 |location=South Australia |date=9 April 1869 |accessdate=26 January 2021 |page=2 |via=National Library of Australia}}</ref> – 1 July 1943 ) was a [[South Australia]]n jurist, occasionally referred to as E. Erskine Cleland.


==History==
==History==
Cleland was born in [[Beaumont, South Australia]], the youngest of six sons of [[John Fullerton Cleland]] (1821 – 29 November 1901), Registrar-General of Births. Deaths, and Marriages, and Elizabeth Cleland, née Glen ( – 29 November 1901).
Cleland was born in [[Beaumont, South Australia]], the youngest of six sons of [[John Fullerton Cleland]] (1821 – 29 November 1901), Registrar-General of Births, Deaths, and Marriages, and Elizabeth Cleland, née Glen ( – 29 November 1901).
He was educated at [[Prince Alfred College]] and the [[University of Adelaide]], where he was a prominent member of the Law Debating Society.<ref>{{cite news |url=http://nla.gov.au/nla.news-article199149225 |title=Latest news. |newspaper=[[The Evening Journal (Adelaide)]] |volume=XIX |issue=5560 |location=South Australia |date=13 April 1887 |accessdate=26 January 2021 |page=2 |via=National Library of Australia}}</ref> In 1880 he was articled with [[William Pope (lawyer)|William Pope]] (died August 1923) and gained his LLB in 1890 and was called to the Bar the following day (26 April 1890), and was appointed associate to [[William Henry Bundey|Mr. Justice Bundey]] soon after.
He was educated at [[Prince Alfred College]] and the [[University of Adelaide]], where he was a prominent member of the Law Debating Society.<ref>{{cite news |url=http://nla.gov.au/nla.news-article199149225 |title=Latest news. |newspaper=[[The Evening Journal (Adelaide)|The Evening Journal]] |location=Adelaide |volume=XIX |issue=5560 |date=13 April 1887 |accessdate=26 January 2021 |page=2 |via=National Library of Australia}}</ref> In 1880 he was articled with [[William Pope (lawyer)|William Pope]] (died August 1923) and gained his LLB in 1890 and was called to the Bar the following day (26 April 1890), and was appointed associate to [[William Henry Bundey|Mr. Justice Bundey]] soon after.
In November 1891 he joined Fenn & Hardy as a partner.
In November 1891 he joined Fenn & Hardy as a partner.
On 1 August 1898 he left that firm to join [[Josiah Symon]], K.C. to form Symon, Rounsevell, and Cleland.<ref name=new1913/>
On 1 August 1898 he left that firm to join [[Josiah Symon]], K.C. to form Symon, Rounsevell, and Cleland.<ref name=new1913/>

⚫
The partnership, which by then comprised Sir Josiah Henry Symon, Horace Vernon Rounsevell, Edward Erskine Cleland, and [[Charles James Ballaarat Symon]], was dissolved in July 1914, and re-formed as Symon, Rounsevell & Symon, at Gladstone Chambers, [[Pirie Street, Adelaide]].
Cleland carried on as barrister and solicitor at Selborne Chambers, also on Pirie Street.<ref>{{cite news |url=http://nla.gov.au/nla.news-article6428128 |title=Advertising |newspaper=[[The Advertiser (Adelaide)]] |volume=LVII |issue=17,409 |location=South Australia |date=3 August 1914 |accessdate=26 January 2021 |page=2 |via=National Library of Australia}}</ref>
On 26 December 1912 he was appointed [[King's Counsel]].<ref>{{cite news |url=http://nla.gov.au/nla.news-article5359344 |title=Personal |newspaper=[[The Advertiser (Adelaide)|The Advertiser]] |volume=LV |issue=((16,910)) |location=South Australia |date=27 December 1912 |accessdate=26 January 2021 |page=11 |via=National Library of Australia}}</ref>
⚫
The firm was thus remarkable in having two King's Counsels. Comprising Sir Josiah Henry Symon, Horace Vernon Rounsevell, Edward Erskine Cleland, and [[Charles James Ballaarat Symon]], it was dissolved in July 1914, and re-formed as Symon, Rounsevell & Symon, at Gladstone Chambers, [[Pirie Street, Adelaide]].
⚫
==Selected cases==
⚫
Cleland carried on as barrister and solicitor at Selborne Chambers, also on Pirie Street.<ref>{{cite news |url=http://nla.gov.au/nla.news-article6428128 |title=Advertising |newspaper=[[The Advertiser (Adelaide)|The Advertiser]] |location=Adelaide |volume=LVII |issue=((17,409)) |date=3 August 1914 |accessdate=26 January 2021 |page=2 |via=National Library of Australia}}</ref>
prominent cases in which Cleland was retained include:

⚫
*The cigar case (J. L. Mueller v. the Collector of Customs)<ref>{{cite news |url=http://nla.gov.au/nla.news-article4849596 |title=False Description |newspaper=[[The Advertiser (Adelaide)]] |volume=XLIV |issue=13,348 |location=South Australia |date=30 July 1901 |accessdate=26 January 2021 |page=5 |via=National Library of Australia}}</ref>
*The corset case (Weingarten Brothers v. G. & R. Wills & Co.)<ref>{{cite news |url=http://nla.gov.au/nla.news-article208894607 |title=A Delayed Judgment |newspaper=[[The Express and Telegraph]] |volume=XLII, |issue=12,558 |location=South Australia |date=3 August 1905 |accessdate=26 January 2021 |page=3 |via=Trove}}</ref>
Shortly after becoming KC, he founded a partnership with his son, Thomas Erskine Cleland, which in 1921 became Cleland, Cleland, & [[Paul Teesdale Smith|Teesdale Smith]];<ref>{{cite news |url=http://nla.gov.au/nla.news-article37090174 |title=Advertising |newspaper=[[The Advertiser (Adelaide)|The Advertiser]] |location=Adelaide |volume=LXIII |issue=19414 |date=1 January 1921 |accessdate=26 January 2021 |page=3 |via=National Library of Australia}}</ref> then Cleland, Holland, & Teesdale Smith.

⚫
*The Admiralty case (collision between ''Norma'' and ''Ardencraig'')<ref>{{cite news |url=http://nla.gov.au/nla.news-article5067515 |title=The Semaphore Collision |newspaper=[[The Advertiser]] |volume=XLIX |issue=15,170 |location=South Australia |date=1 June 1907 |accessdate=26 January 2021 |page=12 |via=National Library of Australia}}</ref>
⚫
===Selected cases===
*The Maslin divorce case
[[File:Edward Erskine Cleland.png|thumb|caricature by J. H. Chinner]]
*The [[Mile End (South Australia)|Mile End]] land case (McDonald v. Railways Commissioner).
He was a remarkably active barrister; in 1913 he was reckoned to have more cases before the High Court than any other counsel;<ref name=death>{{cite news |url=http://nla.gov.au/nla.news-article48758819 |title=Death of Mr Justice Cleland |newspaper=[[The Advertiser (Adelaide)|The Advertiser]] |location=Adelaide |volume=LXXXVI |issue=26440 |date=2 July 1943 |accessdate=25 January 2021 |page=4 |via=National Library of Australia}}</ref> prominent cases in which Cleland was retained include:
⚫
In the High Court, Cleland was leader in the cases of
*The cigar case (J. L. Mueller v. the Collector of Customs)<ref>{{cite news |url=http://nla.gov.au/nla.news-article4849596 |title=False Description |newspaper=[[The Advertiser (Adelaide)|The Advertiser]] |location=Adelaide |volume=XLIV |issue=((13,348)) |date=30 July 1901 |accessdate=26 January 2021 |page=5 |via=National Library of Australia}}</ref>
*Kroehn v. Kroehn
*The corset case (Weingarten Brothers v. G. & R. Wills & Co.)<ref>{{cite news |url=http://nla.gov.au/nla.news-article208894607 |title=A Delayed Judgment |newspaper=[[The Express and Telegraph]] |volume=XLII |issue=((12,558)) |date=3 August 1905 |accessdate=26 January 2021 |page=3 |via=Trove}}</ref>
*Maslin v. Maslin,
⚫
*The Admiralty case (collision between ''Norma'' and ''Ardencraig'')<ref>{{cite news |url=http://nla.gov.au/nla.news-article5067515 |title=The Semaphore Collision |newspaper=[[The Advertiser (Adelaide)|The Advertiser]] |volume=XLIX |issue=((15,170)) |date=1 June 1907 |accessdate=26 January 2021 |page=12 |via=National Library of Australia}}</ref>
*McDonald v. the Railways Commissioner
*The Maslin divorce case<ref>{{cite news |url=http://nla.gov.au/nla.news-article103894219 |title=Maslin Divorce Case |newspaper=[[The Daily Herald (Adelaide)|The Daily Herald]] |location=Adelaide |volume=1 |issue=135 |date=10 August 1910 |accessdate=26 January 2021 |page=6 |via=National Library of Australia}}</ref>
*Alexander v. Federated Sawmills.
*The [[Mile End (South Australia)|Mile End]] land case (McDonald v. Railways Commissioner)<ref>{{cite news |url=http://nla.gov.au/nla.news-article5246791 |title=Mile End Land Case |newspaper=[[The Advertiser (Adelaide)|The Advertiser]] |location=Adelaide |volume=LII |issue=((16,086)) |date=7 May 1910 |accessdate=26 January 2021 |page=9 |via=National Library of Australia}}</ref>
also
⚫
In the High Court, Cleland was involved in the cases of
*Stephens v. the Tramways Trust (with [[Thomas Shuldham O'Halloran (lawyer)|T. S. O'Halloran]])
*Stephens v. the Tramways Trust (with [[Thomas Shuldham O'Halloran (lawyer)|T. S. O'Halloran]])<ref>{{cite news |url=http://nla.gov.au/nla.news-article204496428 |title=Magill Road Accident |newspaper=[[The Evening Journal (Adelaide)|The Evening Journal]] |location=Adelaide |volume=XLV |issue=12539 |date=29 June 1911 |accessdate=26 January 2021 |page=1 |via=National Library of Australia}}</ref>
*Crozier v. Wigley (with [[Paris Nesbit]], K.C.)
*[[John Crozier (politician)|Crozier]] Will case: Crozier v. Wigley (with [[Paris Nesbit]], K.C.)<ref>{{cite news |url=http://nla.gov.au/nla.news-article5135578 |title=Crozier Will Case |newspaper=[[The Advertiser (Adelaide)|The Advertiser]] |location=Adelaide |volume=LI |issue=((15,615)) |date=3 November 1908 |accessdate=26 January 2021 |page=8 |via=National Library of Australia}}</ref>
*disputed boundary case South Australia v. Victoria (with Sir [[Josiah Symon]], K.C., [[George John Robert Murray|George Murray]], K.C., and Paris Nesbit, K.C.)
*[[South Australia–Victoria border dispute|Disputed boundary South Australia v. Victoria]] (with Sir [[Josiah Symon]], K.C., [[George John Robert Murray|George Murray]], K.C., and Paris Nesbit, K.C.) in which Cleland was sent to London to argue the case before the [[Privy Council of the United Kingdom|Privy Council]].<ref>{{cite news |url=http://nla.gov.au/nla.news-article5793496 |title=The Disputed Boundary Case |newspaper=[[The Advertiser (Adelaide)|The Advertiser]] |location=Adelaide |volume=LVI |issue=((17,085)) |date=19 July 1913 |accessdate=26 January 2021 |page=18 |via=National Library of Australia}}</ref>
*Child custody, Kroehn v. Kroehn<ref>{{cite news |url=http://nla.gov.au/nla.news-article103898812 |title=Domestic Infelicity |newspaper=[[The Daily Herald (Adelaide)|The Daily Herald]] |location=Adelaide |volume=1 |issue=160 |date=8 September 1910 |accessdate=26 January 2021 |page=6 |via=National Library of Australia}}</ref>
*Alexander v. Federated Sawmill Employees Association<ref>{{cite news |url=http://nla.gov.au/nla.news-article5350577 |title=Union Levies |newspaper=[[The Advertiser (Adelaide)|The Advertiser]] |location=Adelaide |volume=LIV |issue=((16,740)) |date=11 June 1912 |accessdate=26 January 2021 |page=7 |via=National Library of Australia}}</ref>

==Called to the bench==
On 5 March 1936 at age 67,{{efn|Unlike other public servants, who at that time were made to retire at 65, judges had no such obligation}} he was appointed a judge of the Supreme Court at a salary of £2,000 per annum. The vacancy had been brought about by the death of Mr [[Justice Piper]].<ref>{{cite news |url=http://nla.gov.au/nla.news-article129265517 |title=Appointed to Supreme Court |newspaper=[[The News (Adelaide)|The News]] |location=Adelaide |volume=XXVI |issue=((3,938)) |date=5 March 1936 |accessdate=26 January 2021 |page=1 |via=National Library of Australia}}</ref>
His first sitting as Mr Justice Cleland was on 16 March 1936.<ref>{{cite news |url=http://nla.gov.au/nla.news-article35416494 |title=New Judge Takes Seat |newspaper=[[The Advertiser (Adelaide)|The Advertiser]] |location=Adelaide |date=17 March 1936 |accessdate=26 January 2021 |page=15 |via=National Library of Australia}}</ref>


==Other interests==
==Other interests==
Line 31: Line 38:
*Law Society, and served as Vice-President
*Law Society, and served as Vice-President
*board of the South Australian Football League, and served as chairman
*board of the South Australian Football League, and served as chairman
*board of the Kindergarten Union, and served as chairman<ref name=new1913>{{cite news |url=http://nla.gov.au/nla.news-article163090115 |title=A New K.C. |newspaper=[[The Observer (Adelaide)]] |volume=LXX, |issue=5,418 |location=South Australia |date=4 January 1913 |accessdate=26 January 2021 |page=40 |via=National Library of Australia}}</ref>
*board of the Kindergarten Union, and served as chairman<ref name=new1913>{{cite news |url=http://nla.gov.au/nla.news-article163090115 |title=A New K.C. |newspaper=[[The Observer (Adelaide)]] |volume=LXX |issue=5,418 |location=South Australia |date=4 January 1913 |accessdate=26 January 2021 |page=40 |via=National Library of Australia}}</ref>

xxxxxxxxxxxxxxxxxxx
was a son of the late Mr. J. F. Cleland, a former Registrar-Gene-ral of Births. Deaths, and Mar-riages. He was made a KC in 1912 and elevated to the bench in 1936 after a most distinguished career at the Bar.
His career, from the time he entered practice in 1891, was remarkably successful and by 1913 it was reported that he had had easily the highest number of cases before the High Court of any South Australian counsel. Shortly after his appointment as King's Counsel, Mr. Justice Cleland was sent to London by the South Australian Government as one of the counsel in the celebrated boundary dispute appeal between this State and Victoria before the Privy Council. He also appeared before the Privy Council in two other cases. His first partnership was with Messrs. Fenn & Hardy, and the next — one that lasted many years — with Sir Josiah Symon, KC, and Mr. H. V. Rounsevell. The firm had the rare distinction of having two KC's at the one time. Soon after his appointment as King's Counsel, he founded the firm of Cleland. Cleland and Teesdale Smith, with his son. Mr. T. E. Cleland, as a partner. Although Mr. Justice Cleland had a wealth of learning and experience, he was especially highly regarded for his knowledge of the civil side of the Supreme Court and High Court, and figured in a long list of celebrated cases.<ref>{{cite news |url=http://nla.gov.au/nla.news-article48758819 |title=Death of Mr Justice Cleland |newspaper=[[The Advertiser (Adelaide)]] |volume=LXXXVI |issue=26440 |location=South Australia |date=2 July 1943 |accessdate=25 January 2021 |page=4 |via=National Library of Australia}}</ref>


He died in an Adelaide private hospital, following a medical procedure. He had been suffering ill-health for some time.
He died in an Adelaide private hospital, following a medical procedure. He had been suffering ill-health for some time.

==Other interests==
Among the positions formerly occupied by him outside of his pro-fession were those of vice-president of the Law Society, chairman of the South Australian Football League, and chairman of the Kindergarten Union.


==Family==
==Family==
Line 49: Line 49:
They had homes on East Terrace, Adelaide, and Church Terrace, Walkerville
They had homes on East Terrace, Adelaide, and Church Terrace, Walkerville


== References ==
== Notes and references ==
{{Notelist}}
{{Reflist}}
{{Reflist}}

{{Authority control}}

{{DEFAULTSORT:Cleland, Edward Erskine}}
{{DEFAULTSORT:Cleland, Edward Erskine}}
[[Category:1869 births]]
[[Category:1943 deaths]]
[[Category:Australian barristers]]
[[Category:Australian King's Counsel]]
[[Category:People educated at Prince Alfred College]]
[[Category:University of Adelaide alumni]]

Latest revision as of 09:36, 17 June 2024

Edward Erskine Cleland (7 April 1869[1] – 1 July 1943 ) was a South Australian jurist, occasionally referred to as E. Erskine Cleland.

History

[edit]

Cleland was born in Beaumont, South Australia, the youngest of six sons of John Fullerton Cleland (1821 – 29 November 1901), Registrar-General of Births, Deaths, and Marriages, and Elizabeth Cleland, née Glen ( – 29 November 1901). He was educated at Prince Alfred College and the University of Adelaide, where he was a prominent member of the Law Debating Society.[2] In 1880 he was articled with William Pope (died August 1923) and gained his LLB in 1890 and was called to the Bar the following day (26 April 1890), and was appointed associate to Mr. Justice Bundey soon after. In November 1891 he joined Fenn & Hardy as a partner. On 1 August 1898 he left that firm to join Josiah Symon, K.C. to form Symon, Rounsevell, and Cleland.[3]

On 26 December 1912 he was appointed King's Counsel.[4] The firm was thus remarkable in having two King's Counsels. Comprising Sir Josiah Henry Symon, Horace Vernon Rounsevell, Edward Erskine Cleland, and Charles James Ballaarat Symon, it was dissolved in July 1914, and re-formed as Symon, Rounsevell & Symon, at Gladstone Chambers, Pirie Street, Adelaide. Cleland carried on as barrister and solicitor at Selborne Chambers, also on Pirie Street.[5]

Shortly after becoming KC, he founded a partnership with his son, Thomas Erskine Cleland, which in 1921 became Cleland, Cleland, & Teesdale Smith;[6] then Cleland, Holland, & Teesdale Smith.

Selected cases

[edit]
caricature by J. H. Chinner

He was a remarkably active barrister; in 1913 he was reckoned to have more cases before the High Court than any other counsel;[7] prominent cases in which Cleland was retained include:

  • The cigar case (J. L. Mueller v. the Collector of Customs)[8]
  • The corset case (Weingarten Brothers v. G. & R. Wills & Co.)[9]
  • The Admiralty case (collision between Norma and Ardencraig)[10]
  • The Maslin divorce case[11]
  • The Mile End land case (McDonald v. Railways Commissioner)[12]

In the High Court, Cleland was involved in the cases of

Called to the bench

[edit]

On 5 March 1936 at age 67,[a] he was appointed a judge of the Supreme Court at a salary of £2,000 per annum. The vacancy had been brought about by the death of Mr Justice Piper.[18] His first sitting as Mr Justice Cleland was on 16 March 1936.[19]

Other interests

[edit]

Cleland was a member of the

  • Law Society, and served as Vice-President
  • board of the South Australian Football League, and served as chairman
  • board of the Kindergarten Union, and served as chairman[3]

He died in an Adelaide private hospital, following a medical procedure. He had been suffering ill-health for some time.

Family

[edit]

E(dward) Erskine Cleland (6 November 1869 – 1 July 1943) married Edith Mary Auld (1867 – 25 August 1928) on 12 April 1893. She was the only daughter of W. P. Auld. They had three children:

  • Tom Erskine Cleland (9 March 1894 – ) was an Adelaide lawyer and City Coroner.
  • Isabel Erskine "Bobs" Cleland (1900 – 1963) married Alfred Chambers Lucas (1896 – 1997) in August 1930
  • Audrey Erskine Cleland (10 September 1903 – 1981)

They had homes on East Terrace, Adelaide, and Church Terrace, Walkerville

Notes and references

[edit]
  1. ^ Unlike other public servants, who at that time were made to retire at 65, judges had no such obligation
  1. ^ "Family Notices". The South Australian Advertiser. Vol. XI, no. 3270. South Australia. 9 April 1869. p. 2. Retrieved 26 January 2021 – via National Library of Australia.
  2. ^ "Latest news". The Evening Journal. Vol. XIX, no. 5560. Adelaide. 13 April 1887. p. 2. Retrieved 26 January 2021 – via National Library of Australia.
  3. ^ a b "A New K.C." The Observer (Adelaide). Vol. LXX, no. 5, 418. South Australia. 4 January 1913. p. 40. Retrieved 26 January 2021 – via National Library of Australia.
  4. ^ "Personal". The Advertiser. Vol. LV, no. 16,910. South Australia. 27 December 1912. p. 11. Retrieved 26 January 2021 – via National Library of Australia.
  5. ^ "Advertising". The Advertiser. Vol. LVII, no. 17,409. Adelaide. 3 August 1914. p. 2. Retrieved 26 January 2021 – via National Library of Australia.
  6. ^ "Advertising". The Advertiser. Vol. LXIII, no. 19414. Adelaide. 1 January 1921. p. 3. Retrieved 26 January 2021 – via National Library of Australia.
  7. ^ "Death of Mr Justice Cleland". The Advertiser. Vol. LXXXVI, no. 26440. Adelaide. 2 July 1943. p. 4. Retrieved 25 January 2021 – via National Library of Australia.
  8. ^ "False Description". The Advertiser. Vol. XLIV, no. 13,348. Adelaide. 30 July 1901. p. 5. Retrieved 26 January 2021 – via National Library of Australia.
  9. ^ "A Delayed Judgment". The Express and Telegraph. Vol. XLII, no. 12,558. 3 August 1905. p. 3. Retrieved 26 January 2021 – via Trove.
  10. ^ "The Semaphore Collision". The Advertiser. Vol. XLIX, no. 15,170. 1 June 1907. p. 12. Retrieved 26 January 2021 – via National Library of Australia.
  11. ^ "Maslin Divorce Case". The Daily Herald. Vol. 1, no. 135. Adelaide. 10 August 1910. p. 6. Retrieved 26 January 2021 – via National Library of Australia.
  12. ^ "Mile End Land Case". The Advertiser. Vol. LII, no. 16,086. Adelaide. 7 May 1910. p. 9. Retrieved 26 January 2021 – via National Library of Australia.
  13. ^ "Magill Road Accident". The Evening Journal. Vol. XLV, no. 12539. Adelaide. 29 June 1911. p. 1. Retrieved 26 January 2021 – via National Library of Australia.
  14. ^ "Crozier Will Case". The Advertiser. Vol. LI, no. 15,615. Adelaide. 3 November 1908. p. 8. Retrieved 26 January 2021 – via National Library of Australia.
  15. ^ "The Disputed Boundary Case". The Advertiser. Vol. LVI, no. 17,085. Adelaide. 19 July 1913. p. 18. Retrieved 26 January 2021 – via National Library of Australia.
  16. ^ "Domestic Infelicity". The Daily Herald. Vol. 1, no. 160. Adelaide. 8 September 1910. p. 6. Retrieved 26 January 2021 – via National Library of Australia.
  17. ^ "Union Levies". The Advertiser. Vol. LIV, no. 16,740. Adelaide. 11 June 1912. p. 7. Retrieved 26 January 2021 – via National Library of Australia.
  18. ^ "Appointed to Supreme Court". The News. Vol. XXVI, no. 3,938. Adelaide. 5 March 1936. p. 1. Retrieved 26 January 2021 – via National Library of Australia.
  19. ^ "New Judge Takes Seat". The Advertiser. Adelaide. 17 March 1936. p. 15. Retrieved 26 January 2021 – via National Library of Australia.
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