DOCSLIB.ORG

Legislative Council

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Legislative Council .8 ORDERi':D '[0 DE PRINTED. ~tlu !;JotlliJ. iWlalt~ • ,Hli':,elL \ -JOINT VOLUMES. --)J!: ,--- I \,01,\ 1-\ -PAGE.- . No.1: ~nNUTES OF THE PROCEEDINGS OF THE , LEGISLATIVE COUNCIL. 1 '1 447 TUESDAY, 17 APRIL, 1917. 1. OPENING OF PARLIAMENT :-The Oouncil met at Twelye o'clock at Noon, pursuant to Proclamation of H is Excellency the Governor, which was read by the Clerk of the Parliaments, by direction of the President, as follows :- I NEW SOUTH 'VALES, } Proclamation hy His Excellency Sir Gr.RALD STRICKLAND, Count della I( TO W IT. Catena, Knight Grand Cross of the Most Distinguished Order of Saint " (L.8.) n G. S'fRICKLAND, lIiichael and Saint George, Govel'nor of the State of Ne\y South Wales II Governor. and its Dependencies, in the Commou\'lcaith of Australia.. " IN pursuance of the power a.nd authority vested in me as such GoverDor aforesaid, by virtue " of an Act passed in the second year of the reign of ,His late J\iajesty King Edward the Seventh, I' being' An Act to consolidate the licts ?'~lating to the Constitution' : I rIo hereby proclaim that a t( Session of the Legislatiye Council and Legislative Assembly for the State of New South "Vales, U for the despatch of business, shall commence and be holden on Tuesday, the seventeenth day of (I April, instant, at Twelve o'clock at noon, in the buildings known as tho Legislati~' e Council 1 381 " Chambers, in Macquarie-stl'cet, in the City of Sydney: And Members of the said Legislative tI Council and L egislative Assembly, r f'specliiv ely, nre hereby required to give their aUendance at 1 447 If the sn.id liime and place ac'cordingly, "Gi\ren under my Hand and Seal, at Sydney, this fifth day of April, in the year of " Our Lord one thousand nine hundred and seventeen, and in the seventh year of n His Majesty's Reign, " By His Excellency'S Command, " ·GEORGE W. FULLER. " GOD SAVE THE KING!"· 111 embe1's JJ1'esent ;- l'he Honol'able James Ashton, The Honorable Joseph Licvcsley Beeston, C.M.G., L .R.C.S., Irel., the Honorable Reginald James Bln.ck, t he Honorable Joseph Alexander Browne, LL.B., the Honorable Frallcis Henry Bryant, the Honorable Colonel Ja.mes Bums, the Honorable Nicholas .James Buzacott, the HOllomble Sir Jos ~p h H ector Carruthen:, K .GM.G., LL.D., the H onorable ,Tohn Mildred Creed,' IVI.R.C.S., E., The Honorable William '.l'hollias Dick, the Honorable H enry Martin Doyle, L .R.C.P., Lon., L.S.A., Lon., M.lt.G.S., Eo, the Honorable George F rederick Ertrp, the Honorable John Gibson Fa.l'leigh, the H0norable Ern e~ t. H enry Farrar, the Honorable John Daniel FitzGerald, the Honora ble Frederick FIO"w{'rs (Pl' e~ ident), the Honora.bh'l Edmund Walcott Fosbery, C.M.G., the H onorable James Conley GftLtnon, K. o. , the Honorable John GarlancT, R.C., the HOl1ora.ble John R ep11el', the Honorable Louis FI'n.nci'3 H eydon, the Honorable William Oharles Bill, th.~ Honorable Colonel "\Villiam Hillier HoI hol'OW, C.~f.G., the Honorable Thomas 1 587 Douglas P ercy Holden, the' Honorable Sir Thoma,s Rughe.'i, Kt., t.he Honorable Alfred Edg<lI" Hunt, the Honorable vVilliam Fergus Hurley, the Honorable Henry Edward Kater, the H onoraLle Edward J ohn Kavanu,gh, t he Honorable Silo Charles Kinna ird Mackdlar, K.C.M.G" ~LB., r::.fi:L, 1 381 the Honorable John Meagher, the Honorable Alfred Willia.m Meelni, the H onorable H eury Mose);;, thp. Honorable John Brady Na.~h, :NLD., the Honorable Broughton Barnabas O'Conor, LL,B., the H onorable Cha.rles Ja.mes Roberts, C.M.G., thfl Honorable \Villia.m 1,obson, the Honol'rt,ble Andrew 1" Sincln.ir, the Honorable James JQynton Smith, the H onoril.bIe Sir Allen Arthur Taylor, Kt., the Honol'a.ble J'ohn 'I'ravers, the Honorable A .,tbul' King Tl'ethowan, the Honorable J ames Cobb White. , Jl!embc1's absent;- 1'he Honorab1e Alexander Brown, the Honorable Heury Oarey Dangar, the Honorable R obert G.eol'ge Dnndas FitzGerald, the Honorable James Gormly, the Honorable Colonel James Alexa.nder Kennet h Mackay, C.B., the Hon·ora.ble Sir Samuel :i\icCanghey, Kt., t he Hono!'able li'ergns Jago Smith, t he R onol'able John "\\Tethel'spoon, the Honorable James vVilson, the Honorable Frederick Earle '\Vinchcombe. 97641 2. 2 MINUTES OJ? TIlE pn,)Cl~:~:)I:; ::3 OP Tn~ LEGISLATIVE COUNCIL. ' i'9!:;:,Al" 1'il" 19J,7,t·" ' I< , --------------------------------'1~ ~ " ' ~ ~ > ~~._--------------_________________ 2. CO:\l,mSRI O ~ TO OP,,~:'i PARLIA.\m:\T :-l'he President acquainted the HOLl::le that His Execllcncy the 3, OOlIMl SS T O~E Govi-rnol', not deeming it fit to ue p .:. rs6ni'i:Tlyprl"sent hel'e this day I had been pleased to caUSfl a Commission to be is. .,ued, under the Public Senl of th_c State, appointing the Honorable Frederick (t Gentlen~ Flowers, President Ot the Legislatiye Counc,iI! the:'~-1:ohol'ahlc J ahn Daniel FitzGerald, Vicc-P re~ident of the Execllti\'i~ Council, a.nd Ministct' for ~ Plib1il: Health and Locu.l Government, anrl the tt If' t hat l1 ~ Honol'ab!t~ J ohn Gal'bnd, ICC., Solicitor-General, and Minister for J"ustice, Commissioners in order " Gentlem to> t h,... opening and holding of this Padi<\.m en1~' - ' " 8hall hln The Commi ssi oTIf~rs , pbO"inl:! .' scated ~ one "On tl n~ r·rght and the' otbl'r ·on'.! tilO l ... ft of the Ohail', the The Asse Pte!>ident. di l' t:>cted~ tHe TIsHel,," or-tho HlaoIk 110a: to' let the-,Assemhly know uthe Commis5ionel'8 ,t desire their immedi,\.te attenJance in this House." 4. GO;\lMISSIOX And the Usher of the Bluek Hod ha,ving returned, and reported that he had duly delivered s'uch constituti the Oath :r :M esstlge,- , ; Tho said C And t. he Assembly heing comc,- i The P~'{!sident said,- n By Iris "': H~lJ1 orllblo: Gentlemen ' of the Legi:slative @oundl, and Gentlemen,of the L2gi ~ 1 a.tive A~sembly,­ " 11 H~ ~: Rls EA'CeIlency the €hwc~m·?r; noli d e~m ing it-fi r; to be pel'Sonu,lly pl!C'ien,t hel'e tHis day, has been '" please~,t? ~au se a. COmlnls>;I,on to be lSSlleJ, undet' the Public Sea,1 of t.he S~a. t f>, t:onst.itu, ing U1i " To all w· I . OommlsslollMS to do all thmgs necessary to be perfol'01ed by the Governor 10 the 1lI1l11e und ou " Grci ," the part, oE His Majesty the Kiog, 0 1' ill the name a,nel on the part of Hi~ Excellency the ." Governor of the S tate, in orde.r tu the opening and holding of this P<1I'liaruent, to deliver a (l IN pursu .I: Mes~agfl to the I.egisla:i.ve Assembly, and to do all such athOl' things as m-t.y be specially " della Cal ~; neocs::-<1ry to enaLle ,l'~rli~rltent to ,Poriol'm aots which admit, of. no delay, as will morc funy " COUllcl l 1 , appeal' by the CommISSIOn Itself, winch must now be road." H Coun61 l( G<-Lrla..u<1 ~ "Vhvreupon the Clerk, by dil'cction of the President, read the said· Commission, as foJ]ows:- (( cdl Or al t (I Allerriarl ~ (}em'qe V, by th& (;"ace- 0./ God, of the Unitkd Kiingdom 0/ Great Bhtain. and b vdarnd and of tlle .'" ~ .1 lh'it,'ish Nominions beyond. tite.8-eas, J{ing, Difender (If the Faith, Emperor (if I7Id~, t( every su( If Qivi II To <111 ' to 1V1'i.0i:D.' thcse ' pl'cs~nts - sha ll co'me,- cc Creetihg: " " VylFEREAlf. by PrbcliLllllliti011 ma'de on the fift h day of R pml' instant, Blis., E~ceHency Sir " " GE'HALB STHI'eKLA""'~.J5, Count della. ®a.t'ena, Knight (!}l.'ana' (!J ross of Out:' l\Iost f>istin-guished I( Or-del' of' Saint Michaee aflci &<lIint George, our @o vernGl'of, OUI' Slate of N~w SO uth Wales II arrtd i ts Dependl:'llcies, in the' Commonwealth, of '&usoralix, did, in. pursualnae of the power ,I and authol'ity ves-ted. in him as Governor of our sa.ic1 Stln.tiC; oy, ,,:illtue of an Act; passed n in the second yeal' of the l'f~ign. o~ Ris late Majesty King Ed!war:(·b the Se'\'enth ~ beiog " I ' A'n Act to consolida;te the Ac(:s "elating to the Cbnslit'lI"tionj' pr0.claim tbat a Session of (; the Leglslat ive'Council and Legisla;ti' ,~ 'e Assembly, constitute!!l' une'elt tl~e saici, Act, a.nd composing 5. ME;\{ m:n. HEr{ "the Parliament of our said Sta.t·e of New South W8II'es, should commeuce' alild be holden intima.t ing' tt on Tuesdny,. tl're seyeneeenth day of .April instant: And w;hereas, for cel'laIin oauses, our said his seat ill "Goverllor cari:not.ctln.veniently be present in person a.t the opening of the sa.id Session: Now The Pl'esid (I know yA, t hat we, trusting in the discretion, fidelity, and, ca'te sf OUT tru5ty; and well,beloved the (. Honorarb'le- Fl'ecleriGk Flo\vers, President of the said L egislative Oouncil, the Honorahle John (l Daniel FitzGeralld, Vice-President of our Executive Council, Minister of Public Health and " Minister for Loca.l Government., of OOl' swid State, and the Honorable John Garland, Minister The Housel "of Just ice and Solicitor,General of our said State, Members of the ~aid Legislative Council, do, 6.
Load more

Recommended publications
  • Winterwinter June10june10 OL.Inddol.Indd 1 33/6/10/6/10 111:46:191:46:19 AMAM | Contents |
    BBarNewsarNews WinterWinter JJune10une10 OL.inddOL.indd 1 33/6/10/6/10 111:46:191:46:19 AMAM | Contents | 2 Editor’s note 4 President’s column 6 Letters to the editor 8 Bar Practice Course 01/10 9 Opinion A review of the Senior Counsel Protocol Ego and ethics Increase the retirement age for federal judges 102 Addresses 132 Obituaries 22 Recent developments The 2010 Sir Maurice Byers Address Glenn Whitehead 42 Features Internationalisation of domestic law Bernard Sharpe Judicial biography: one plant but Frank McAlary QC several varieties 115 Muse The Hon Jeff Shaw QC Rake Sir George Rich Stephen Stewart Chris Egan A really rotten judge: Justice James 117 Personalia Clark McReynolds Roger Quinn Chief Justice Patrick Keane The Hon Bill Fisher AO QC 74 Legal history Commodore Slattery 147 Bullfry A creature of momentary panic 120 Bench & Bar Dinner 2010 150 Book reviews 85 Practice 122 Appointments Preparing and arguing an appeal The Hon Justice Pembroke 158 Crossword by Rapunzel The Hon Justice Ball The Federal Magistrates Court 159 Bar sports turns 10 The Hon Justice Nicholas The Lady Bradman Cup The Hon Justice Yates Life on the bench in Papua New The Great Bar Boat Race Guinea The Hon Justice Katzmann The Hon Justice Craig barTHE JOURNAL OF THE NSWnews BAR ASSOCIATION | WINTER 2010 Bar News Editorial Committee ISSN 0817-0002 Andrew Bell SC (editor) Views expressed by contributors to (c) 2010 New South Wales Bar Association Keith Chapple SC This work is copyright. Apart from any use as permitted Bar News are not necessarily those of under the Copyright Act 1968, and subsequent Mark Speakman SC the New South Wales Bar Association.
    [Show full text]
  • A Creature of a Momentary Panic
    | LEGAL HISTORY | A creature of a momentary panic Tony Cunneen discusses the passage of the Judges’ Retirement Act in NSW, 1917-181 Introduction Joseph Browne, a member of the New South Wales Legislative Former chief justice, the Honourable Sir Gerard Brennan AC, Council, was counsel for the plaintiff. He objected to the KBE, in his address to The Francis Forbes Society for Australian attack and said ‘it was very painful to listen to such insulting Legal History, said that ‘an appreciation of the law (is not) remarks’, although this was not the line he took when the bill likely to be accurate without an understanding of the cultural was discussed in parliament. The exchanges between Conroy and institutional forces which brought it into existence.’2 A and Mr Justice Simpson continued with Conroy becoming close examination of the passage of the Judges’ Retirement Act increasingly agitated and eventually the Sydney Morning Herald 1918 through the New South Wales Parliament in 1917 and reported that he ‘made a remark’ which caused 1918 provides a fascinating example of just how such forces ‘considerable excitement . throughout the court. The tipstaff have operated in the past. The bill graphically represents the approached Mr Conroy and shouted “Silence!” Mr Conroy’s interplay of political, personal and social issues on legislation, excited condition indicated a possibility of something more which, in this case, profoundly affected the careers of those forcible than his language. The constable attached to the court in the legal profession. The passing of the bill went against came into the room.’ English precedent and made more places available on the The judge and his associate left the court and as they did so bench for lawyers who were Australian born and trained.
    [Show full text]
  • Part 6 Combined.Pdf
    MINISTRIES Showing the different Ministries since the establishment of Responsible Government; also Date of Appointment to and Retirement from Office. Name Office From To Remarks DONALDSON MINISTRY—No. 1. (6 June, 1856, to 25 August, 1856.) Stuart A. Donaldson1 .................... Colonial Secretary ...................... 6 June, 1856 25 Aug., 1856 Also referred to as Prime Minister. Thomas Holt ............................... Colonial Treasurer ..................... 6 June, 1856 25 Aug., 1856 William M. Manning1 .................. Attorney-General ....................... 6 June, 1856 25 Aug., 1856 John Bayley Darvall1 ................... Solicitor-General ........................ 6 June, 1856 25 Aug., 1856 George R. Nicholls ...................... Auditor-General ......................... 6 June, 1856 25 Aug., 1856 Also Secretary for Lands and Works during same period. William C. Mayne ....................... ................................................... 6 Aug., 1856 25 Aug., 1856 Representative of Government in Legislative Council. COWPER MINISTRY—No. 2. (26 August, 1856, to 2 October, 1856.) Charles Cowper ........................... Colonial Secretary ...................... 26 Aug., 1856 2 Oct., 1856 Also referred to as Prime Minister. Robert Campbell ......................... Colonial Treasurer ..................... 26 Aug., 1856 2 Oct., 1856 Terence A. Murray ....................... Secretary for Lands and Works .. 26 Aug., 1856 2 Oct., 1856 Also Auditor-General from 26 August to 17 September, 1856. James Martin ..............................
    [Show full text]
  • One of the 'Laws Women Need'1
    | LEGAL HISTORY | One of the ‘Laws Women Need’1 Tony Cunneen discusses the passage of the The Women’s Legal Status Act of 1918. Introduction The Women’s Legal Status Act of 1918 was one of the most significant pieces of legislation affecting the New South Wales legal profession in the twentieth century. This Act gave women the legal right to become lawyers. In addition it gave women the right to be elected to the New South Wales Legislative Assembly. There was protracted lobbying for these rights by a number of women. The bill was eventually presented to parliament by the state attorney general and Sydney barrister, David Robert Hall. The main reason for that exclusively male enclave finally passing the Act after so much delay was that both houses believed that women had proved themselves both worthy and deserving of the right to become lawyers and parliamentarians by their energetic public activities during the First World War. The Act was one of the positive outcomes of an otherwise tragic conflict. Hockey sticks and abuse at Sydney University Ada Evans. Photo: Sydney University Archives The federation of Australia had not completely solved of the pioneer’5, but she was reportedly so embittered the problem of the limited legal status of women. and alienated by the experience of battling to be Speaking in Maitland on 17 January 1901 Australia’s first admitted to practice after she graduated in 1902 that prime minister, Edmund Barton expressed his approval she did not act as a barrister even when she finally of universal suffrage but drew the line at admitting had the right to do so.6 Sydney University was not in ‘that the granting of suffrage should entitle women to general a comfortable place for women who wanted to occupy seats in parliament if elected’.2 His comment espouse feminist causes before the First World War – in indicates the kind of grudging recognition of women’s fact it could be decidedly intimidating whether or not rights, which persisted in the federation period.
    [Show full text]
  • The Women's Legal Status Act of 1918. Tony Cunneen BA MA Dip Ed
    One of the ‘Laws Women Need’1 - The Women’s Legal Status Act of 1918. Tony Cunneen BA MA Dip Ed [email protected] Introduction The Women’s Legal Status Act of 1918 was one of the most significant pieces of legislation affecting the New South Wales legal profession in the Twentieth Century. This Act gave women the legal right to become lawyers. In addition it gave women the right to be elected to the New South Wales Legislative Assembly. There was protracted lobbying for these rights by a number of women. The bill was eventually presented to parliament by the State Attorney-General and Sydney barrister, David Robert Hall. The main reason for that exclusively male enclave finally passing the Act after so much delay was that both Houses believed that women had proved themselves both worthy and deserving of the right to become lawyers and parliamentarians by their energetic public activities during the First World War. The Act was one of the positive outcomes of an otherwise tragic conflict. Hockey Sticks and Abuse at Sydney University The Federation of Australia had not completely solved the problem of the limited legal status of women. Speaking in Maitland on 17 January 1901 Australia’s first Prime Minister, Edmund Barton expressed his approval of universal suffrage but drew the line at admitting ‘that the granting of suffrage should entitle women to occupy seats in parliament if elected’.2 His comment indicates the kind of grudging recognition of women’s rights, which persisted in the Federation period. Women were not only barred from parliamentary office, they were also excluded from the legal profession.
    [Show full text]
  • University of New South Wales
    UNIVERSITY OF NEW SOUTH WALES WILLIAM HERBERT IFOULD AND THE DEVELOPMENT OF LIBRARY SERVICES IN NEW SOUTH WALES, 1912-1942 A DISSERTATION SUBMITTED TO THE SCHOOL OF INFORMATION, LIBRARY AND ARCHIVE STUDIES IN CANDIDACY FOR THE DEGREE OF DOCTOR OF PHILOSOPHY BY DAVID JOHN JONES SYDNEY, NEW SOUTH WALES 1993 i CANDIDATE'S STATEMENT I hereby declare that this submission is my own work and that, to the best of my knowledge and belief, it contains no material previously published or written by another person nor material which to a substantial extent has been accepted for the award of any other degree or diploma of a university or other institute of higher learning, except where due acknowledgement is made in the text. David John Jones. ii ACKNOWLEDGEMENTS Many individuals have assisted or inspired me during the course of my research: their support and interest has been as encouraging as it has been sustained. Those who provided information or leads are recorded in the list of Sources Consulted. I acknowledge their friendly cooperation and willingness to respond to my letters, telephone calls and appeals in professional journals. It is with regret that I note the passing of four of their number: May Dobbie, Dr. Arthur Fleischmann, Axel Lodewycks and Sir Harold White. I have received special assistance and encouragement from Jean Arnot, Dr. Russell Cope, Professor Norman Horrocks, Mary Ifould and other members of the Ifould family, Professor John Levett, the Hon. Thomas McKay, Dr. Jack Nelson, Dr. Neil Radford, Wilma Radford, Dr. Michael Talbot, Emeritus Professor Jean Whyte, and from three of Ifould's successors: Gordon Richardson, Russell Doust and Alison Crook.
    [Show full text]
  • Law at War 1917
    Battles Overseas and At Home: The New South Wales Legal Profession in 1917. On 27 June 1916 Mr Justice Ferguson was interrupted while presiding in court by the New South Wales Commandant Lieutenant Colonel Gustave Ramaciotti who had previously been the managing clerk of the conveyancing department of the Sydney solicitors, Minter, Simpson & Co. had come to tell Jsutice Fergusonm that his son, Arthur Garere Ferguson had been killed in action.1 The war could intrude on anyone’s life at any time. Introduction: This paper presents an overview of a momentous and often overlooked year in Australian history. In 1917 the New South Wales legal profession displayed a remarkable degree of unanimity of attitude and action in response tot he war and the way it should be conducted by the Australian population. Judges and magistrates gave harsh sentences to those people who dissented from official policy, lawyer politicians enacted bills and used their official powers to suppress dissent and lawyers on the battlefields continued to launch themselves into the violence. In a profession marked by independent action there was marked unanimity of purpose and thought despite sectarian, political and social differences. Such an overlap of enterprise is unusual in a profession characterized by ‘fierce independence and, at times, vigorous expression of dissent’ compounded by the need for ‘privacy and confidentiality’. The genius of the individual may not say much about any corporate character possessed by the respective profession.’2 The world of Australia today and that of 1917 are as if comparing different countries, yet many issues which came to a head in that time resonated throughout successive decades.
    [Show full text]
  • The Office of Solicitor General for New South Wales
    The Office of Solicitor General for New South Wales Keith Mason QC, Solicitor General for New South Wales in as Solicitor General. Apparently Holland accidentally traces the development and depoliticisation of the office left behind in England the despatch of Lord Bathurst of Solicitor General in New South Wales. appointing him to the office. In a letter from the Colonial Secretary's Under Secretary to Holland the When, late last year, I agreed with the editor to write "inconvenience" was regretted, but it was pointed out that something about my office for Bar News I assumed that Holland had brought himself "into the unpleasant most of my fellow members of the Bar who might read predicament" in which he was placed. Holland was it would be as ignorant as I was a year ago about the role consoled with the fact that his salary was unaffected by of the junior Law Officer in this State. This contribution the slip because, like a number of early Solicitors General, will hopefully make each of us, if no wiser, then better he was also a Commissioner of the Courts of Request informed. which were small debts courts. (Several other early incumbents also sat as magistrates or chairmen of courts The first Solicitor General for New South Wales was of Quarter Sessions concurrently with their position as appointed in 1824. The office has been occupied for most second law officer.) of the period since that time, although it was abolished for 21 years in the late nineteenth century. A list of the Until 1922 the Solicitor General was, with occasional holders of the office appears as a Schedule.
    [Show full text]