THE CANADIAN BAR REVIEW TORONTO, MAY, 1925. VOL. III. No. 5 SIR GLENHOLME FALCON BRIDGE, C.J.K.B. It was in the early eighties that the writer made his first acquaintance with the subject of this sketch. The gulf between us at that time was wide and deep. I had assumed the onerous duties of junior student in an office on Church Street and spent most of my time in copying pleadings, for the typewriter was in its experimental stage and was being introduced only in two or three of the largest offices. Among the frequent callers upon the senior member of the firm I singled out as the especial object of my admiration a tall gentleman of erect figure crowned with a black silk hat with a broad band. There was a merry twinkle in his eye and a radiant smile swept over his dimpled cheeks as I ushered him into the presence of my employer. A mutual friend from an adjoining office was summoned in and the door closed upon the jolly trio, who after a hard day's work were wont to foregather and spend a happy half hour before setting out for their respective homes. There was a hum of voices in which that of the earlier visitor predominated, followed by an uproar of laughter, conclusive proof that his latest anecdote had tickled the fancy of the other two, who were also past-masters in the art of story-telling. The inquisitive student would sometimes neglect to close the door, and snatches of the conversation would reach his willing ear. It was not all of the lighter vein, for rarely did they disperse without discussing some knotty problem with which some one of them had been confronted since their last meeting. These visits were of such frequent occurrence that the distinguished visitor with the silk hat favoured the humble student with a smile and friendly greeting every time he entered the office. The pride of the latter knew no bounds when in company with his less favoured fellow-students upon the street he received the same attention, which often called forth from his companions the remark "How do you happen to know Mr. Falconbridge?" This apparently trifling experience I have related at some 17-C.B.R.-VOL. III. length, not that it has any important bearing upon the life of the late Chief Justice or upon the important part he played in the administration of justice in our province, but a friendship extending over many years has convinced me that these early impressions correctly represent at least the social side of this eminent jurist. He was a most companionable man and never happier than when surrounded by a group of friends, and it would be a rare gathering if he did not prove himself to be the most entertaining member of the company. He greeted all of his acquaintances, without distinction, with a smile, and possessed in no small degree "That best portion of a good man's life, "His little nameless, unremembered acts of kindness and of love." While these attributes of the heart and soul may to the casual observer form no part of the standard by which judges are usually measured, yet we must all concede that the judge who possesses them in an eminent degree, as did the late Chief Justice, will thereby be the better qualified to discharge the duties of his high office. These noble qualities go a long way to inspire confidence in the man who holds the scales of justice and mean much to the members of the bar who plead before him. There were no jarring scenes in the court of Sir Glenholme. The youngest member of the profession was treated with that same courtesy and consideration as were the leaders of the bar. The inexperienced counsel who wandered from the beaten path would be led back to it so gently that he would not suspect that he had been a transgressor. This friendly relation between the bench and bar detracted naught from the dignity of the court, for no man was by nature better fitted for the role of judge than he, and no member of the bar presumed to trade upon his intimacy; for while he was naturally kind and gentle, he could be firm and unbending when the occasion demanded it. Thus far I have dealt with some of those qualities of the man which endeared him to all who knew him. We are too prone, perhaps, to measure the loss of a friend from a selfish standpoint, and when we received the sudden news of his death our first thought was not the loss our country sustained through the passing of the jurist, the scholar and the public-spirited citizen. The blow seemed to strike nearer home, it was a personal loss, and we naturally first recall those bonds of friendship which had been so cruelly severed. I think I am safe in saying that the profession as a whole throughout the province was never more deeply moved than by the sudden death of Sir Glenholme. To be born of an Irish father and a United Empire Loyalist mother might well give promise of a bright career. Such was the good fortune of William Glenholme Falconbridge. To this happy circumstance might readily be ascribed his ready wit, eloquence, genial disposition and high ideals of true citizenship. Both parents were endowed with those favourable distinctive characteristics usually associated with their respective types of the early settlers of Upper Canada, and their only issue appears to have inherited the good qualities of both. His father John Kennedy Falconbridge, while yet in his teens, came from the County of Antrim, Ireland, to this province in 1837, in that critical period in our history when the struggle for responsible government had reached its most dangerous stage. He took up his residence at Drummondville, Upper Canada (now Niagara Falls), with an uncle who was the village postmaster and general merchant. There he lived a number of years, marrying in 1845 Sarah Fralick, whose ancestors had joined the Royal Standard during the American Revolution and were among those founders of Upper Canada, who 66 Loved the cause "That had been lost and scorned an alien name, Passed into exile, leaving all behind, Except their honour and the conscious pride Of duty done to country and to King." It was within sound of the mighty cataract and amid the picturesque scenes of Niagara that their son was born on May 12th, 1846. The same inspiring surroundings developed within the father a natural taste for literature and art. Several creditable heirlooms in oils and water colours testify to his skill as an amateur artist. Shortly after the birth of his son he set up in business for himself at Bradford and afterwards moved to Richmond Hill, where after a successful business career from which he retired at a comparatively early age, he died in 1894. From his earliest boyhood the son whose fortunes we are following distinguished himself by his brilliancy in his studies. He took a high standing at Richmond Hill County Grammar School, the Barrie Grammar School and the Upper Canada Model Grammar School, passing the last named to University College, Toronto, in 1862. He took the College courses in classics and modern languages, winning scholarships and prizes every year, and concluded a most successful career by carrying off the gold medal awarded in modern. languages upon his graduation in 1866. At this time a vacancy occurred in the chair of modern languages at Yarmouth Seminary in Nova Scotia, and he was offered the position. A few months before graduation he had met with an accident which had impaired his health, and believing that a residence by the sea would benefit him, he accepted the professorship, but at the end of the year returned to his Alma Mater as lecturer in Spanish and Italian. He never regretted his year spent in the Maritime Provinces. Political feeling was running high, as the province had just entered Confederation upon the vote of the Legislature without submitting the question to the electors. Many resented this action upon the part of their representatives. They had not yet learned to style themselves "Canadians," but used the word as a term of contempt when speaking of the residents of the western provinces. Professor Falconbridge escaped the general opprobrium so freely applied to all from his native province and made many fast friends among his new acquaintances. So successfully did he reconcile some of them at least to the attractions of Upper Canada that they followed him thither. In after years he pointed with pride to his accomplishment in this direction, for among the number thus attracted through his efforts was Albert Clements Killam, who eventually became Chief Justice of Manitoba, Judge of the Supreme Court of Canada and finally Chairman of the Railway Commission. Contemporaneously with his assuming the duties of lecturer at the University College, Toronto, which he performed for only one year, he began the study of law and was articled to Mr. George Morphy. The firm was Morphy, Sullivan and Fenton, the junior member eventually becoming County Crown Attorney. This office turned out some exceptionally clever men, as may be inferred from the fact that at this time his fellow-students serving the same firm after became Judge Winchester of Toronto, Judge McGibbon of Hamilton, Judge McIntyre of Lindsay, George Alcorn, K.C., of Osgoode Hall, and Charles H. Ritchie, K.C., of Toronto. His next move was to the firm of Patton, Osler and Moss. The senior member, the Honourable James Patton, was the nominal head of the firm but lived in Kingston and was associated there in business with Sir John A. Macdonald. He brought to the firm the business of the Trust and Loan Company, whose head office was in Kingston. This business was considered to be of such value to the firm that his name appeared first in the firm name, although he took no part in the work of the office. For the other two members of the firm, afterwards Mr. Justice Osler and Chief Justice Thomas Moss, Sir Glenholme conceived a great fondness and had the profoundest respect for the high legal attainments of both. In 1871 he was called to the bar and in the same year received his degree of Master of Arts from the University. At this time was formed the firm of Harrison, Osler and Moss. Did a young man ever enter upon his profession under more favourable conditions? The personnel of the firm, giving to each the title which he afterwards attained, was Chief Justice Robert A. Harrison, Chief Justice Thomas Moss, Chief Justice Sir Charles Moss, Mr. Justice Osler, Chief Justice Sir Glenholme Falconbridge and W. A. Foster, K.C. The last named was a gifted lawyer and might well have reached the high standing of the other members of the firm had not a weak constitution, made weaker by strenuous devotion to professional work, barred his way to further advancement. To form the new firm Mr. Harrison severed his connection with the firm of Patterson and Harrison, to which he formerly belonged, but brought with him his favourite student, a bright curly-haired young lad from Belleville. The name of this promising student was Roger C. Clute, afterwards the Honourable Mr. Justice Clute. What other firm in this or any other province set up in business with a staff numbering among its members four future Chief Justices and two other High Court Judges? Six names on the letter-head of a law firm was so unusual at that time (1871) that the announcement in the press of the names of those making up the firm of Harrison, Osler and Moss appears to have called forth comment, particularly from the late the Honourable Mr. Justice Ferguson. Sir Glenholme used to take delight in telling the story that the morning after the names appeared in the daily paper he met his friend Tom Ferguson at a lacrosse match, and the latter, in his own inimitable style, addressed him as follows-" Members of our profession used to practice in ones, twos, firms and partnerships, but now they are banded together in mobs." We are not told what reply Mr. Ferguson received to his rather uncomplimentary remark, but it is not at all likely that he escaped without a suitable retort. In any event, it proved to be a rather respectable and formidable mob. His admission to the firm of Harrison, Osler and Moss was destined to become more than a mere business connection. Thomas Moss and Sir Charles had each married a daughter of the Honourable Robert Baldwin Sullivan, at one time Judge of the Court of Queen's Bench and later of the Common Pleas of Upper Canada. Sir Glenholme followed their example by taking unto himself in 1873 as a life partner the youngest daughter, Miss Mary Phoebe Sullivan. Few young men were so privileged as was Sir Glenholme during the first four years of his connection with this firm. To use his own words, from an address delivered twenty years ago before the York County Bar Association, "I had four years as an understudy with Mr. Harrison, probably as valuable an experience as any man ever |