Louis Henry Davies

Template:Short description Template:Use Canadian English Template:Use dmy dates Template:Infobox officeholder Sir Louis Henry Davies Template:Postnominals (May 4, 1845Template:SndMay 1, 1924) was a Canadian businessman, politician, lawyer, and judge from the province of Prince Edward Island. In a public career spanning six decades, he served as the third premier of Prince Edward Island, a federal Member of Parliament, Cabinet minister, and as both a Puisne Justice and the sixth Chief Justice of Canada.

Born in Charlottetown to Liberal political Benjamin Davies, Davies was trained as a lawyer in London where he was called to the bar in 1866. He returned home the following year and began a career that quickly blended law and politics. Elected to the Island's legislature in 1872, he rose to lead the Liberal Party and in 1876 became premier, forming a coalition government that enacted the Public Schools Act of 1877, creating a non-sectarian public school system. His legal career was prominent, he served as counsel for the Prince Edward Island Land Commission, successfully argued in the Supreme Court of Canada's first decision Kelly v Sulivan, and later represented Canada at the Halifax Fisheries Commission, which secured a major award against the United States. After entering federal politics in 1882, he sat as a Liberal MP and became Wilfrid Laurier's minister of marine and fisheries.

Davies was appointed to the Supreme Court of Canada in 1901 and elevated to Chief Justice in 1918. His appointment was controversial, with critics noting his limited legal practice before politics, the patronage nature of his appointment by Wilfrid Laurier, and his continued private political involvement from the bench. His tenure as Chief Justice coincided with what historians have called the Court's "sterile years," marked by disunity and limited jurisprudential influence. In failing health, he remained in office until his death in 1924, after which Francis Alexander Anglin succeeded him as Chief Justice.

Early life

Davies was born on May 4, 1845, in Charlottetown, Prince Edward Island, the son of Benjamin Davies and Kezia Attwood Watts. He was educated at Charlottetown's Central Academy and later at Prince of Wales College.Template:Sfn

Legal and political career

Davies was called to the bar in England in 1866 after reading law at the Inner Temple in London. He worked in the London office of Thomas Chitty, but moved back to Prince Edward Island where he was called to the bar in 1867.Template:Sfn

Davies was first elected to the House of Assembly in 1872 as a Liberal, shortly before the colony entered Canadian Confederation.Template:Sfn He had previously expressed the view that Confederation was neither just nor equitable for Prince Edward Island and had opposed the railway policy advanced by Premier James Colledge Pope. Once elected, however, Davies proved more pragmatic, recognizing the financial burden created by Pope's railway scheme and showing a willingness to consider union negotiations with Canada as a means of addressing the debt crisis.Template:Sfn Following Confederation in 1873, many senior Liberals, including David Laird, departed for federal politics. In their absence, Davies was chosen as leader of the provincial Liberal Party in 1874.Template:Sfn

One of the government's immediate priorities was resolving the long-standing land question. Davies strongly supported measures to eliminate the proprietorial system and was sharply critical of the first Land Purchase Act of 1874, which he regarded as overly generous to landlords. The bill was ultimately reserved by Lieutenant Governor Lemuel Cambridge Owen.Template:Sfn A revised version of the bill, the Land Purchase Act, 1875, succeeded in authorizing a land commission to set purchase prices for proprietorial lands, laying the groundwork for comprehensive land reform on the Island.Template:Sfn

In 1875, he was appointed lead counsel to the Prince Edward Island Land Commission, which had been created to resolve the long-standing problem of absentee land ownership and to provide Island tenants with secure title to their holdings. Although Davies at first declined to act for the tenantry before the commission, he eventually relented and appeared on their behalf alongside Samuel Robert Thomson, while Edward Jarvis Hodgson represented the landlords.Template:Sfn He was successful, building a strong case by identifying weaknesses in the titles, qualities of land, and improvements of the proprietorial owners, with the popular consensus at the time that Davies secured a better deal for the tenants than expected.Template:Sfn The issue of land rights eventually went before the Supreme Court of Canada in its first decision Kelly v Sulivan, which Davies appeared as the lawyer for Francis Kelly, the Commissioner of Public Lands of Prince Edward Island.Template:Sfn The Court upheld the validity of the Land Purchase Act and the Superior Court's authority only to see that matters were properly before the land commissioners and that no fraud was committed.Template:Sfn

Premier of Prince Edward Island

The most divisive issue remaining in Island politics after Confederation was school funding, specifically whether Prince Edward Island should maintain a unified public system or permit separate denominational schools for Catholics. Davies supported a single, non-sectarian public school system.Template:Sfn The Schools Question fractured traditional party alignments. In the 1876 election, former premier James Colledge Pope rallied support for religious schools, while Davies led the so-called "Free School" party.Template:Sfn The Free Schoolers secured a majority, defeating the Conservative government of Lemuel Cambridge Owen. Conservative John Yeo declined the premiership.Template:Sfn

On August 15, 1876, Davies became the third Premier of Prince Edward Island and also served as Attorney General. He led a coalition government composed of Protestant Liberals and Conservatives united by their support for non-sectarian schools.Template:Sfn

His government's first major legislative act was the passage of the Public Schools Act in April 1877.Template:Sfn The statute made school attendance compulsory and established a non-sectarian public school system modeled on New Brunswick's Common Schools Act of 1871, introduced by George Edwin King.Template:Sfn Catholic Bishop Peter McIntyre strongly opposed the measure and petitioned the federal government to disallow it, but Ottawa declined to intervene.Template:Sfn

The province's finances remained precarious in the years following Confederation, with chronic deficits and limited ability to raise revenue through indirect import duty taxation.Template:Sfn In response, the Charlottetown Council petitioned the legislature for authority to borrow money and levy taxes on personal property. Conservatives opposed the request, backed by a petition of 600 residents, but Davies supported new revenue measures.Template:Sfn In 1877, his government introduced a taxation bill authorizing a land tax based on public assessment. The measure proved unpopular, as it exempted Charlottetown and Summerside and contained no mechanism for appeal.Template:Sfn While the debate continued, Davies left the Island to serve as counsel for the British government before the Halifax Fisheries Commission, established under the Treaty of Washington (1871).Template:Sfn The tribunal ultimately awarded $5.5 million in compensation to the British Government, payable by the United States.<ref>Template:Cite book</ref> During this period, Island proprietors launched one final, unsuccessful legal challenge to the authority of the land commission.Template:Sfn

By this time, the governing coalition had begun to fracture. Davies attempted to salvage the land tax bill by adding an appeal mechanism, but the effort came too late to restore support.Template:Sfn His campaigning on behalf of the federal Liberal Party deepened the divisions, and on August 20, 1878, George Wastie Deblois and three other Conservatives resigned from Cabinet.Template:Sfn Davis reached out to Catholic representatives, but they withheld their support, still angered by the government's school reforms.Template:Sfn

On March 6, 1879, the Assembly passed a motion of no confidence against the government.Template:Sfn In the election held the following month, Davies and the Liberals were decisively defeated, bringing his premiership and provincial political career to an end.Template:Sfn

Member of Parliament

Davies entered federal politics in the 1882 general election, winning a seat as a Liberal in Queen's County, Prince Edward Island. He was re-elected in the same riding in 1887 and 1891, serving during this period as a member of the Liberal opposition.

Following redistribution, Queen's County was abolished after the 1891 election, and Davies stood in the new riding of West Queen's in 1896. That year, although the Conservative under Prime Minister Charles Tupper won a plurality of the popular vote, the Liberals under Sir Wilfrid Laurier secured a majority of seats and formed government. Laurier appointed Davies to Cabinet as Minister of Marine and Fisheries, a portfolio he held until his elevation to the Supreme Court in 1901. During his tenure, Davies also served as a Canadian member of the Anglo-American Joint High Commission at Quebec.<ref>Template:Cite EB1911</ref>

Davies was acclaimed in the July 1896 ministerial by-election required upon joining Cabinet, and he was returned to Parliament in the 1900 federal election, defeating Conservative candidate William S. Stewart.

Justice of the Supreme Court of Canada

On September 25, 1901, Davies was appointed to the Supreme Court of Canada by Prime Minister Wilfrid Laurier to replace George Edwin King who died in office on May 7, 1901.Template:SfnTemplate:Sfn Historians Snell and Vaughn note that Davis did not have experience in law, with only five years of practice before moving to elected government, the appointment was earned through his service to the Liberal party and government, and was criticized by the legal community.Template:Sfn Davis continued to participate in politics on the bench, giving private political advice to active politicians.Template:Sfn

Chief Justice of Canada

File:Borden-sm (cropped).jpg

Conservative Prime Minister Robert Borden appointed Davies the Chief Justice of Canada, despite Davies being a lifelong Liberal.

On October 21, 1918, Chief Justice Charles Fitzpatrick unexpectedly resigned at age 66, citing declining health, and was appointed Lieutenant Governor of Quebec.Template:Sfn

On October 23, 1918, Prime Minister Borden appointed Davies as the sixth Chief Justice of Canada.Template:Sfn Davies, the senior puisne justice with 17 years on the bench, was in poor health at age 73 years, 172 days. Two months earlier, he had sent Borden two telegrams expressing interest in the position, citing his credentials, and promising to resign in three years after reaching 20 years of service.Template:Sfn Cabinet approved his appointment by a narrow majority.Template:Sfn Although it was publicly expected that Lyman Duff or Francis Alexander Anglin would be chosen, Snell and Vaughan note there is little evidence that the government seriously considered other candidates.Template:Sfn

In its final year, the Davies Court struggled to maintain quorum. Justice Idington, then 83, no longer had the mind capable of functioning at the same capacity. Justice Malouin fell ill and resigned soon after the appointment of the new Chief Justice. On May 1, 1924, Chief Justice Louis Henry Davies died at age 78.Template:Sfn He had planned to retire in 1921 but stayed on due to a dispute over the value of his pension. By late 1923, his health had declined to the point that he could no longer perform his duties. Prime Minister Mackenzie King privately accused him of remaining in office too long.Template:Sfn On September 16, 1924, Francis Alexander Anglin was appointed as the seventh Chief Justice of Canada.Template:Sfn

Snell and Vaughan describe the appointment of Davies as a weak choice for Chief Justice, as he was elderly, had not distinguished himself on the Court, and lacked demonstrated leadership ability.Template:Sfn

Personal life

In July, 1872, he married Susan Wiggins, a daughter of Dr. A. V. G. Wiggins. She was a member of the Humane Society, the Women's Canadian Historical Society, and similar organizations. The couple had two sons and three daughters.<ref>Template:Cite book</ref>

In 1874, Davies began construction of his home Riverside, a Second Empire style residence on the bank of the Hillsborough River in Charlottetown.Template:Sfn<ref name="CRHP_5_West_Street">Template:CRHP</ref> The home was designated as a heritage resource by the City of Charlottetown in 1979.<ref name="CRHP_5_West_Street"/> His father's home Benjamin Davies' House in Charlottetown, constructed around 1860, was also designated a heritage resource by the City of Charlottetown in 1979.<ref name="CRHP_8-10_Water_Street">Template:CRHP</ref>

Legacy

Davies was appointed Queen's Counsel in 1880, and knighted by Queen Victoria in 1897.<ref>Template:Cite book</ref>Template:Sfn

As of 2025, Davies remains the last Chief Justice of Canada to have previously held elected office. He is also the only Prince Edward Islander ever to serve on the Supreme Court of Canada.

In 1937, he was designated a Person of National Historic Significance under the Historic Sites and Monuments Act in recognition of his contributions as Premier of Prince Edward Island and Chief Justice of Canada. A commemorative plaque marking the designation is installed at the Sir Louis Henry Davies Law Courts in Charlottetown, which houses the Court of Appeal of Prince Edward Island.<ref>Template:Cite web</ref><ref>Template:Cite web</ref>

Two geographical features in British Columbia bear his name. Davies Point, located where Hastings and Alice Arms meet on Observatory Inlet, was named in his honour at the time of his appointment to the Supreme Court.<ref>Template:Cite bcgnis</ref> Similarly, Davies Bay, at the head of Work Channel east of Prince Rupert, commemorates him.<ref>Template:Cite bcgnis</ref>

Historian Ian Bushnell has described the Supreme Court between 1903 and 1929, the period encompassing the Taschereau, Fitzpatrick, Davies, and Anglin Courts, as "the sterile years."Template:Sfn During this era, divisions among the justices were particularly pronounced, the Court produced judgments that lacked consistent guiding principles which limited the Jurisprudential value of the Court's decisions.Template:Sfn

Further reading

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External links

• Template:Canadian Parliament links
• Supreme Court of Canada biography