"3642i~10fficiof·President.: Vacancy. [COUNOII::~. · Eleotio?}of·Preside.nt ....
i.-tgislatibt qrouncii~-- Alfred· Dalton;·the,-Hon. -Robert"Arth1:1r King, the Ron. Thomas George -Murray; .. 'l'uesday, 80. ApTil,d946. the, ,Ron.·, Joseph• .Anthony ... Bodkin,, the Ron. Arthur. Dalgety.· Bridges, ·the Hon.·. ·Office of President: Yacancy-Triennial Elections: Francis Patrick . Buckley, the Ron. Members+Eiected-Members Sworn~Election of Prcsident-Chainnan of Committees (Su5ipension Harry Vincent Budd, the Ron. Otway The Clerk r offered ,.the Prayer. attention.; to.:·Mr:, Farrar's .. distinguished·:.! I parliamentary· ser:vice. . He. was .. ap1 TR~ENNTAI~ _ELECTIO:NS:i MEMBER.Si' pointed to the Legislative . Council ELECTED. on •~29th, March, , 1912, . and ! has, , there;- The Clerk; ,as ... retnrning.officer,, read, fore, the longest service of.any1 hon., from1rhis certificatei the,Jist .. of: members •· ·member. He _was .:Minister for Labour. €lected at the election. ·Of· members,,of · and, Industry in the Fuller.. Govern thoJlLeg·islative• Council referre.d· to ,in 1.1 ment from 13th April; 1922, ·to .. ,17th.,. tha,:certificater tabled'Jin..,the; House.::lonn June, 1925, during- which time he 26th :r·lVlarch;- 19!!6; ·as follows: •· Alamu: acted·as·New· South·vVales Commissioner· · Anthony;Alexander,; !Bodkiri;cJ oseph:An" .. at the British~·Exliibition .. at-· Glasgow, ... thon~; Bridg-es, Arthur Dalgety,;. Buck~. held in 1924. He was Minister.for,J... abo.ur ley, Francis Patrick; :Budd, Harry Vine and Industry in the Bavin Government, Mri•Farrar•for·.the high· office· of Presi The· PRESIDENT-ELECT; standing on the · dent• of ·:the' .Legislature· Council. The dais,· said:·Before taking tho Chair,.. I·' Hon. sitting to-day, the Legislative Council, this afternoon we, as a Chamber, have in the exercise of their lawful right, had discharged a most important function,. proceeded to the election of their Presi because I think it is impossible to dent, that the choice had fallen upon imagine an occasion when the weight of me, and that I presented myself to his responsibility falls more heavily upon Excellency as their President, whereupon hon. members than when they are called his Excellency was pleased to offer me upon to elect to an office of such pre his congratulations. eminence in the legislature of New The lion. H. R DOWNING (Minis South \Vales the person who is to have· ter of J usticc and Vice-President of the <:barge of what is nothing short of the Executive Council) [5.52] : May I take parliamentary functioning of democracy. this opportunity, ¥r. President, to offer No doubt we haYe all felt the necessity my congratulations and those of other of being acquainted with the lessons t<> hon. members on your appointme11t to be learnt from the wonderful exhibition the office of President of the Legislative of the functioning of democracy that we Council. I am sure that all hon. mem have witnessed in the last few years. In bers feel that, with your long experience no part of the world has the supremacy in this Chamber, nobody more fitted for of democracy been demonstrated more the office could be chosen. We feel forcibly than in the British Empire. that in your hands the rights and On the one hand there was the spectacle privileges of hon. members will be of dictatorial power in which force was adequately safeguarded and protected. the governing factor, and on the other \Ve know that you have had the benefit the assertion by British peoples of the of many years association with past imperishable principles of freedom. Presidents of this Chamber, and as a re When the test came, and it was said by sult of your service here you have been those exercising dictatorial power that able to acquire much of the knowledge we must bow to that power or perish. that it is necessary for one occupying the people of Great Britain and Aus the office that you occupy to have. Dur tralia proved that those who enjoyed ing the last twelve ,years you haYe had the benefits of democracy could bury ill the .advantage. of association with Sir feeling and political acrimony in order J olm Peden, who gave to the House to protect their freedom. To-day we the benefit of his great legal knowledge, haYe been called upon to demonstrate· and in. that you have been fortunate. that \\'e are conscious of our obligation I have no doubt that you will be able to for the preservation of democracy. \Ve carry on as past Presidents of. this have elected to the supreme office of Chamber have, and tha.t in the future President of the Legislative Council of the Legislative Council will be proud :New South \Vales a man who is fami that its privileges and rights are in liar with the workings of the Constitu your hands, confident in the knowledge tion-one in whose jealous care are re that at all times they will be protected posed the observance of the standing by the great experience and knowledge orders that this Parliament is empower you have acquired in this Chamber. ed by the Constitutio.n to make. For The Hon. Sir HENRY MANNING that reason I feel confident that the f5.53] : To add my congratulations to House has acted wisely to-day, and I those which have been so generously join with other hon. members in ten offered by the Minister is one of the dering my congratulations to onr newly greatest pleasures that has been accorded elected President. We know that you. to me. I do so with an added sense of Mr. President, have been in this Cham )Jleasure when I reflect on the nArsonal ber much longer than most hon. mem friendship with you, sir, which has bers and that you are familiar with the existed over many years. While I forms of the House. You have witnessed, feel this very gTeat pleasure in join in the course of the deliberations of ing in the congratulatory remarks of this Chamber, some very fine expositions the Minister, I cannot help feeling that of parliamentary acumen and public Election of P1·esident. [30 APR., 1946.] Election of P1·esiclent. 3645 candour and uprightness. Those delibera the point of view of those who occupy tions· are traditional to those who are seats in this Chamber, that standard anxious to benefit from all that is best is one of our most precious possessions. in the parliamentary history. of this It was created by the proper apprecia State. tion of the duties of his office by a great We are glad to .reflect that the tradi scholar, a great statesman and a great :tions of this Parliament are in safe constitutionalist, and we are the in l'ecping and that your knowledge of heritors of some of the traditions which them will ensure the proper discharge he has been able to establish for this of the presidential functions. In some Chamber and for the public life of New extraordinary fashion the British Con South \Vales. "When you, sir, come to titution, and that of our own country, formulate your judgments upon the have in one or two instances moulded in enunciation of principles by that great .a mysterious manner the judicial func man, you will be doing something which tion with that of the legislative func will be a great pleasure to yourself per tion. :For that reason the President is sonally and which will be in accordance called upon to· exercise great skill and with what we all feel is one of the sheet judgment in the performance of his anchors of our parliamentary life. duties. The exercise of the judicial The Ron. W. E. V. HOBSON [6.3] : function demands that all prejudice and I suppose that I am one of the oldest political bias be set aside, and it is members in this Chamber to be asso most important, if the principles of ciated with :you, sir. It is nearly sixty democracy are to be maintained, that ~'ears since we met as young fellows at parliamentary Government as such Lewisham, where we were associated in should be sustained. It must be recog connection with The Methodist Sunday nised by any person who has the respon School. In view of that long acquain sibility of discharging duties in this tance, and I may say friendly acquain 'Chamber that parliamentary life is the l tance with you, sir, I have, over the in 1ifeblood of democracy, that the parlia tervening years, watched with great in I' II mentary institution is the voice and the terest your career in the public life of -organ pipe of democracy and that there this State. I join with other hon. mem I fore the performance of our parliamen bers to-day in offering you my congratu tary duties calls for the highest personal lations upon the fitting climax to your qualities, the deepest knowledge of the public life in this State in your elec subjects to be dealt with, and the nt tion to the high office of President of most readiness to make allowance for this House, which is one of the chief 11ll political views in this Chamber. civil positions in New South Wales. I With those words and with the know- am sure, sir, that you will uphold the 1edge that you, sir, have been chosen by traditions of this Chamber. Over very -:us unanimously because of our recogni many years you have had long ex tion that you hold the necessary quali perience in the conduct of public affairs .. ties for the performance of the arduous You have been Chairman of Committees functions associated with your office, I in this Chamber, and everyone who is feel that I may leave that subject. But familiar with your work in the occu .one thing which I would like to mention, pancy of that office and in the occupancy and which, you sir, would not like me of the Chair as Deputy-President, are to fail to mention, is the height to which confident that you will sustain your new the whole of our parliamentary life was office with the .dignity and ability that raised by your predecessor, Sir John 'Peden, who, by his example, set a stan you have hitherto displayed. I tender -dard to which few people in this com to you my hearty congratulations and '1Tltmity could ever aspire. It is a high trust that you will be spa.red for many standard, one to be aimed at by any Years to occupy the office to which person who occupies the Chair. :From ~ou have been elected unanimously by r.8646 Election of President. '. [GOUNCIL.] Election· of P1·esident . ... this House to-day; and that you-will con that after ··your -1ong service in .this tinue to give to the public of New South House you· .have ·.been ·selected. to-day :wales the service that you have given unanimously.as the choice of hon. mem· in the years gone by. · hers to be their President. It is par· ·The Ron. Sir NORMAN KATER ticularly pleasing to me that again •the ·[6.G]: I shoulrJ.like to add my congratu Labour party has contributed one of :lations to those of hon. -members who its previous members to the highest ' have already ·spoken,· and I do so with civic office in this State. I have a .,great feeling and in no perfunctory,man distinct recollection of your service .to ·. ·ner, assuring ·hon. members that' every the Labour· .movement as President of ·word I say· comes 'from the ·bottom of the New South Wales Branch of the ·.my ·heart. The Ron. ;Mr. Robson ·ha~ Australian Labour Party, as President rbeaten me by only four years in his of the Trades and .Labour Council, and friendship with you, as. I have hl1owu as President of the Eight-hours Com · you for only :fifty-six years. Our ac mittee, .and even though, in the course •·quaintanceship began when I was a of time, you have fallen out of ·step with · schoolboy, and you, sir, were employed the Labour movement, it is pleasing to on the property of my uncle. I have reflect that once again Labour has <;on watched your career with great interest tributed to this eminent office one of for many years, and as a culmination its former members. I have no doubt I have had the pleasure of associating that you will exercise ·the impartiality myself with you in this House for some that was displayed by your illustrious twenty years. For many years I had predecessor in office, Sir John Peden, the pleasure of sitting under you when who was one of the outstanding intellect you were Chairman of Committees and uals of New South Wales, who was ·on those occasions when you acted as Dean of the Faculty of Law in the Uni Deputy President, and I have always versity of Sydney, President of this been :filled with admiration at the pro Legislative Council, and who occupied found grasp that you have of the stand other eminent positions in the life of ing orders of this House, a knowledge this State. To him I extend my humbl~ that qualifies you admirably for the homage. Following as you do in the high office to which you have now steps of so many illustrious citizens, you been elected. I should like to recall the have a difficult task to perform, sir, but words of His Excellency the Lieutenant I feel confident that you will be a credit Governor when he said, a few minutes to the movement that created you a pub back, that not only did he congratulat.:J lic figure, and to the movement that gave you, but he congratulated also-the mem you your present prominence and the -bers of this House in having you as opportunity to give your lengthy and ·their President. I feel sure that· you creditable service in ·this House. I re ·will have the confidence of every hon. ·peat, I ·hope ·that your ·period of office member during your occupancy of the will be characterised by strict imparti 'Ohair, as you have always exercised the ality, that you will be ·jealous in ·pre- 'utmost impartiality, and have gained the ·serving the· rights of 'members of this ·r~spect of all. Again I congratulate you, council, ·and that more you will con ·su, and repeat my hope that you will . tinue to reflect credit on the Labour occupy your honoured office for many "niovement that gave to you the oppor 'years to come. ·tunity of aspiring to your present office. ~~e H~n. J. l\1. OONOANNON'[6~8] : ·Captain ·the Ron. W. J. BRADLEY I JOin w1th the previous speakers;···Mr. [6.11]: May I, too, join With other bon. 'President, in extending to you my per -members in-tending to you, sir, my good •sonal congratulations on your elevation wishes and congratulations on your ele ·to the highest civic office ·to which a \Tation to the high office of President of rcitizen of the State of New South Wales the Legislative Council of New South •pan. aspire. It is indeed pleasing to see Wales. As you pointed .put earlier in >J!llection of P1'esiderit. •Election of P1'esident. ·'-the --evening, ·this Chamber is unique I again cdnvey to you my good· wishes •'"historically in ·the · Pal!lia.mentary his for the full enjoyment of the high-offic~t , tory of· the British Dominions in the which you have attained. "southern seas. I hope· that it will con- The Hon.' E. C. O'DEA [6.14] : I. tinue to be so. You ·yourself have had too, Mr. President, desire to offer my • a -unique career. I cannot compete with congratulations upon the attainment of -the Hon. :Mr. Robson and·•the ·Hon. Sir your.high office. The people uf this State •N-orman Kater in "length 'of time of ' know of the existence of une Parliament ' having known you, l\Ir. -President. While in New South Wales, but in the minds •they· were speaking I tried to remember of the workers· there exiMs another Par "Where I first met you, and I -think hon. liament-the Trades and Labour Coun •·•members will recall •that it was on the cil of New South \Vales, on which many <~ good old industrial -fighting ground of years ago you had the honour to ·hold ·•-the •court where ·you •appeared as an in office. There is no doubt that played ' dustrial advocate. It -did· •not matter a most prominent part in moulding your - upon which side one fought. Before the life and fitting you to perform the many industrial 'tribunals •one learns to know duties that have been associated with •and respect his fellow advocates. I saw your career in Parliament. I am ·one a great deal of you, too, Mr. President, of the •oldest· members taking an active in the days of the late William Holman, part in the work of the trade union who, like you, came from ·the little land movement in this State, and I remem of England, which has had, and still has, ber your meritorious work in the early such a great influence on the world. He days in helping to uplift the masses of came here as a young man and rose to this country. I think it was Mr. Glad great heights. stone who ·said that every reform that became law in Great Britain came from Before proceeding to Government the common people. There are no "co~ House, I noticed in the ·gallery one of mon people" in Australia, but we know · your close personal friends, the son of \vhat the term means, and we know what the late Hon. Sir Joseph Carruthers;· who the grounding of men in the trade · came to pay tribute for his family. With union movement means. It is a signal ·great pleasure I also saw your own son, honour for the movement that to-day~ ·who, to-day, is very successfully follow for the·second·time in the history of this ., ing in your footsteps in the career -that Chamber, one who has been so closely ·you marked out for him. It is -almost ·associated with it ·has attained ·the ·1inique, Mr.. President, to have started high office of President of •the Legisla '•on ·the lowest rung of the ladder tive Council and will help to guide the · and to have climbed to the highest, destinies of this State,· which we ·1all as you have done. You have held love. "~almost ·every office that has had to We all wish you, Mr. President,· suc ·be worked for ·and· fought for in the cess in the performance of your niany -~abour movement. That is something duties.- We are proud of your achieve· "of which any one in this cou'ritry ought · ment~ and your appointment illustrates to be proud. The Labour movement is what a wonderful demcJCracy this is. It a critical group of men and women; I shows that a chosen representative· of have no complaint about that. It knows ·the Parliament of the workers can ulti its man, and it knows his record before mately be sent to hold the highest office it·elects him to office. Hon. members have in this House. This helps in the uphold ing and moulding of the laws of this -stated that you have been a member of State. On behalf of the trade union ·this House for thirty years, and so far movement I congratulate you, Mr. •as I can see that is a record. In the ·President. We feel that the grounding Library there is a book which tells us you have had with it 'will be of great 1 that life begins at forty, but for you, Mr. assistance to you. I congratulate you, ~President, life is beginning after ·forty. too, on behalf of my colleagues on this .;3C48 Elect·ion of President. [COUNCIL.] Election of President. . -our great parliamentary institution bon. members who were new to the .shall always remain the mainspring of House. As we travelled to and from our life and well-being. Thus, by llianly, either by car or boat, I have had maintaining the dignity and the re many opportunities of seeking your sponsibilities of its parliamentary counsel and interest, and I appreciate all system of government will our demo that you have done for me over the years. <:racy survive, and I am sure, Mr. Presi This House-part of the oldest Legisla ·dent, that you will be ever watchful in ture in Australia, the membership of maintaining the high traditions of the which is honorary-has a tradition of j):lSt. achievement and service second to none, The Hon RICHARD THOMPSON and I share the £.rm belief that that rich il6.2B] : lliay I join with my colleagues tradition will be safe in your hands. in offering my warmest congratulations The Hon. R. :MAHONY [6.29] : I to you, sir, upon ,your election, un also congratulate you, sir, upon your -opposed to the high office o.f President election to the high office of President ·Df this House. I pause to express my of the Legislative Council of New South ;1ppreciation of ~·our distinguished ser \Vales. I have known you Ior many Yice as a member of the Legislative years. I knew you nrst in the early Council of New South Wales. Our and ministerial rank in non-Labour G0v-. House· is like the House Df Lord&-they ernments should preside over and direct are the only two Houses that re11der the activities of this. House of review._. honorary parliamentary service. I con Your administrative eJ.."'Jerience outside· gratulate you u)?on your intimate know the Legislature has even broadened your ledge of the standing· ol·ders, which will outlook and; given you the practical prove a very valuab:le asset to you in balance which we have observed in your your new· office. remarks in this House. Bencaih this ex I jorn·with others in welcoming. here terior competence we all know that you. as a 'W'itness of· your -elevation to the possess a kindly nature, a readiness to Presidency, yotrr ·son, Laurie. I know help others and a broad understanding that ·he is not poEtically inclined, but of your fellow man. These qualities have I sincerely hope that ·his· son, your endeared you to so many. grandson, will have political aspira I have been happily given access to a tiotrs, and that the name of Farrar will transcript of certain speeches made at Jive· in the yeat·s to come in the politi a farewell dinner to you, sir, on the cal · life of this Statte. Your name is €VB of your departure to the Empire Ex allied with political stalwarts of the ·early llibition in 1924. I feel that. extracts part of this century, such, as William from speeches made by representative Morri'S Hughes, William Arthur Hol public men on that occasion should be· man, MacDonell, Flowers and others, reitt!rated on this occasion. Speaking at In such associations members of this a complimentary dinner, the late Sir House possess a heritage of which they James Murdoch, then a member of this feel proud. If we were to compare the Chamber, said in reference to our Chair debating and intellectual ability of ·mem man: "He is an honest and honourable bers of the Legislative Council of New man, whose word is his bond and wDuld South Wales with that of any ·Other par deceive no man; he is a wonderful worker liamentary institution in the world, I and an organiser of consummate ability; know that it would· be found superior. and I hope that he may achieve ·honour& :Men like James Ashton and Sir Joseph greater than that n'ow confened on hin1 Carruthers and E. M. Mitchell-who, I by his colleagues in sending him abroad." suppose, was one of th~ .greatest English The late ~'ir George Fuller's remarks are scholars the British Empire has ever worthy of repetition. On the occasion of seen-have added their quota to the de this dinner, referring to ~fr. Farr.ar as bating prestige of this ChambeT. We his colleague and friend, he said that his are delighted that you have been chosen mission was one of the most important to :fill the position of President of the that anyone from the State had ever Legislative Council of New South undertaken, and that when he pondered Wales.- I know I am expressing the over Mr. Farrar's work he could not faiT feeling of us all when I wish you, sir, to realise that in devoting himself to good health, long life and contentment. public life he had sacrificed his own The Hon. L. S. SNIDER [6.33] : I material interests, and that otherwise desire to be associated with the con he might have become as great in the gratulatory remarks regarding your ele commercial world as had many of the vation, Mr. President, to the high posi members present at that gathering. He tion of Pr~s~dent of• the Legislative added: "Our ·honoured and trusted repre Council. It is with satisfaction that I sentative, with his indomitable energy, do this because we honour him we know his genius for organisation .and his fer that has proven his worth and earned vent Australian patriotism, is the man the honour. Thirty-four years of con above all others to represent the Gov tinuous legislative service have been to ernment and the people of New South you thirty-four years of study-a unique Wales at the Empire Exhibition." benefit to the State. In his inimitable manner, the late It is fitting that a man who has held \V. A. Holman, who knew· Mr. Farrar ~he highest offices in the Labour party closely, said he had known many public Election of President. [30 APR., 1946.] Election of President. 3651. men and departmental officers, some homage and his courage our admira hard workers, but there were four men tiDn. One feels inclined, when speaking, -F1owers, Watson, Nielsen and Farrar of the President, to call him "Ernie," -who were workers beyond all ordinary and recognise him for the good fellow he experience. They were men of character; is. I feel that on reviewing his• career they were men of clearness of thought and knowing his capacity, .we· have very and expression, and they were all pos cogent reasons to congratulate ourselves sessed of a spirit of thoroughness that that such an astute, human and experi induced a meticulous care of detail. The enced gentleman will direct th~ activi consequence was that they knew their ties of this House. own minds and could marshal all their [The .P1·esident left the chair at 6.40 facts to place them before the men they p.-m. The House reswmed at 8.8 p.m.] were working for. Mr. Holman added The Ron. G. S. ARCHER [8.8] : I that he h.ad been associated with Jl.fr. should like to offer you my personal Farrar during many years of intense congratulations on your elevation to the an.""iety, with a minority party, fighting high office of President of the Legisla an uphill battle. They were the weakest tive Council of New South Wales. In side and they knew it; that being the seconding the motion nominating you for case, any slackness and disloyalty, any this office, I had an opportunity failure was treachery. Those were the of voicing my sentiments, but not days when Jl.fr. Farrar's capacity for having had the lengthy association work and organisation were developed. with you that some hon. members have He considered three corner-stones of enjoyed, I was very brief. I cannot claim Jl.fr. Farrar's triumphs to be-first, an to have played marbles with you eighty industry that never tires; second, an in seven years ago, nor were we together telligence that enables him to envisage at the battle of Waterloo. The remarks'· every problem and to discover the key of some hon. members have made me to its solution; and third, the power to wonder how old you really are, but to. impress his personality and to dominate my person·al knowledge you are not his will on others. The late Sir Hugh nearly so old .as some of them imagine. Denison, himself an outstanding organi I have been associated with you since »er, said of our President: "The men the reconstitution of this Chamber twelve that were sometimes called 'Captains of years ago. During the absence abroad. Industry' were supposed to have organi of Sir John Peden you acted as Presi sing ability, but his assurance could be dent, and I as Chairman of Co=it taken that he had never. known any chair tees. From my experience then and on• man of a business or a public body who other occasions when I had acted as . had shown the same magnificent ability Deputy Chairman I know how interested that JI.Ir. Farrar had in connection with you are in the traditions, practice and the British Exhibition scheme." conventions of the Chamber. In placing· The Ron. J. C. Watson, another old its destiny in your hands the House friend of Jl.fr. Farrar, and the first Lah has· made a wise decision. our Prime :Minister of Australia, testi Your close association with the late· fied to the positions Mr. Farrar had held William Arthur Holman, a former Pre in the trade union movement. Mr. mier of New South Wales, brings to my· Watson desired particularly to stress the mind that he was a member of the union courage required to take the stand that to which I b!3long, having at one period' :Mr. Farrar did when unionism faced the of his career been a cabinet maker. r Empire crisis. He was a young man had in my possession a photograph of' with a vista opening in front of him 1fr. Holman working in a cabinet fac-· which might have proved tempting to tory situated behind the Deaf and· most men, but he was loyal and willing Dumb Institution in City road, but to sacrifice position at the call of duty. someone kindly lifted it from my Mr. Farrar had the ball at hiR feet. His office table and shortly afterwards deep sense of loyalty should have our I saw it published in a news- 365~ Election of President. [COUXOIL.] Election of Pr~sident. paper. I regret losing that photograph, you have acted as Chairman of Com-· because it was something that I treas mittees, Acting-President and Deputy ured. In those days, as well as making President. Heference has been made, good furniture we bad some very splen also, to other positions, that you have did men in the union. I remember Mr. occupied, but no mention has been made Holman opening a union meeting by of :your connection with the Board of saying that he had never been in better Fire Commissioners from 1\:ll5 to 192~. company in his life than when he served You, ~:Ir. President, were chairman of a term of imprisonment-of course, for that board. During that period horse a purely political offence.. One member drawn vehicles were superseded by motor interjected, "How would you like to Yehicles, and I think that you blazed the make four-drawer chests" and in a ±lash track to Broken Hill as well as the Mr. Holman replied, "I was never in driver who· took the first motor vehicle better company in my life than when I there. As Minister for Labour and In was associated "·ith you in that work." dustry, you were responsible for abolish I recall also my last conversation with ing the dole and paying men according Mr. Holman when he telephoned me to the work that they did. about a matter with which he was con I am pleased that it is on record that cerned. Before· his work was completed you were responsible for opening up his life was cut short and Australia lost National Park and Taronga Park, where his valuable services. I have no doubt, the children's playground and the aquar Mr. President, that from your associa iums stand as a memorial to you. You tion with Mr. Holman, you acquired were also instrumental in the reclama much of the organising ability that has tion of the mangrove swamp by the manifested itself throughout your carEer. Kuring-gai Park Trust, which estab The furnishing trades produced a number lished the park at Bobbin Head and con of good organisers and Mr. ·Holman was structed the road which is called after one of them. He subsequently went to ;you "Farrar-aYenue." This was re other organisations, and did some ex sponsible for opening up some 58,000 cellent work organising in the back acres of land to the public of New country. I can well remember return South Wales. I understand that you are ing to town with him after a victorious still a member of the Kuring-gai Park political campaign in which he had Trust, which one may term your "old swept the country. The fettlers along love," as you have been associated with the railway line cheered him as his car it for the past thirty-five ~'ears. I sin passed through. In those days you, Mr. cerely trust that, in £Bing your res President, were particularly closely as ponsible office as President of this sociated with Mr. Holman, and possibly House, you will be able to devote the your association with so eminent a same amount of time to your other man helped you considerably. It bas activities. The Hon. Sir Graham Wad been a pleasure to be associated with dell referred to his uncle, the late lion. you, and I have no doubt that you will Thomas ·waddell, who was a member be impartial and will uphold the tradi both of this House and of the Legisla tions of this Chamber in the same way tive Assembly, and a former Premier as the many excellent men who have and Treasurer of New South Wales, and preceded you. said that he gave his number one vote to The lion. H. LATIMER [8.14]: I ;you when you were elected to this House feel that I should not allow this oppor on its reconstitution. I feel that I do tunity to pass without conveying my not like to let the opportunity pass congratulations to you, Mr. President, "·ithout drawing attention to the fact upon your election to the high and im that my late esteemed father, the lion. portant office of President of the Legis vV. F. Latimer, had the privilege and lative Council of New South Wales. A-, pleasure of giving you his number one )lrevious speakers have pointed out, it vote on that occasion, thus assisting you is well-known to all bon. members that to be elected to the reconstituted Cham- .Election of President. [30 APn., 1946.] .Election of P1'esident. . 3653 ber. It gave me great pleasure when you The Hon. G. D. BASSETT [8.23] : I came and asked me if I would nominate should like, Mr. President, as a plain you for re-election to this Chamber. I country man, to add a few words to did so whole-heartedly a.nd, with others, the eloquent testimony to your effi we saw that there was no doubt that, ciency and popularity that has been to use racing parlance, you "flew home." made· here to-night. Previous speakers I feel certain that the privileges and ha,'e referred to your early 'career rights of hon. members will be safe- and I shall confine myself to my . guarded by you, and that the little per observation since I have been a sonal attentions to which they have been member of this Chamber. You have a accustomed will be continued. I sincerely wonderful memory and I have fre trust that you will have a pleasant term quently been amazed at the decisions of office, that you will see the whole of that you have made-often at a mo your time out, and that you will look as ment's notice. Though I have been hale and hearty at the expiration of your called to order upon occasion I have term of twelve years as you do to-night. always profited by the experience. I re member that in one instance I com :1\fajor the Hon. F. P. E:~EESHA W mitted the great sin of moving from [8.19] : I should like to extend to you, one part of the House to another while ]!fr. President, my personal congratula a vote was being taken and you, sir, tions on the way in which the motion very promptly drew attention to the was unanimously received by the House. breach of the Standing Orders. Your The fact that I took the responsibility of ~·. experience in the primary industries of moving it is sufficient evidence of my ,. this State will stand you in good stead in confidence in your ability to carry out discharging the functions of the the duties of your high office. important office that you now occupy. \ The Hon. P. l\I. ).£cGIRR [8.20]: I Your long association with the flour take this opportunity, }.fr. President, of milling industry-with which I am J offering my congratulations upon your pleased to know you are still associated j elevation to such a high office. It must -and your experience in the wool in be very gratifying to know that as a re dustry as was mentioned by the Hon. sult of your own- energies and sturl.v Sir N orrnan Kater will, I am sure, make ,vou have risen to such a high state in you more tolerant of country members the public life of this country. I am than would be a President not so well confident that you will rlo honour to acquainted with the problems of the the office, for your rulings in this man on the land. I wish you long life House have convinced me that your and a successful career as President of knowledge is as great as that of any of this Chamber. your esteemed predecessors. I have not The PRESIDENT : I should not be had the privilege of knowing you as human if I were not deeply moved long as have some bon. members, but I by the kind and affectionate ref have been a member of this House erences that have fallen from the for over twenty years, and though lips of hon. members this afternoon there have been heated debates they and this evening. An open season upon were forgotten as soon as you myself seems to have been dec1ared, and were outside the' Chamber. Your bon. members whom I have known from rulings have always been fair and just earl:v boyhood have proved that they, and I know of no occasion when they too, have good memories. I fondly imag have been questioned. I trust that you ined that many of the incidents to which will be long spared, for I kn~w that you they referred had long since been for will do honour to your high office and gotten. I feel proud and highly honoured justice to all bon. members. No more that such expressions of goodwill and an be expected of any President. I wish congratulation should come from mem you good health and a happy period as bers on both sides of the House, for I President of this Chamber. know that they have come from the "3654 ·Election of President. [COUXOIL.] ·EZectio1t of·P1•esident. heart. As ·was mentioned by some hon. of the late Mr. Holman. I could members, my early years in this Cham continue in the same strain for some ber were occupied with industrial and time, but I do not propose to do ·that social problems, and I have never al because we have work to do. tered my outlook towards those prob Heference has been made to the work lems. Though, as the result of the of the .President· in this House. That is, study of economics, I may have de of course, under the control of the Presi veloped ·a viewpoint that did not ved that I was a ver;r close friend cannon and I have always been the The President.] Chu.iir.m;tln. closest ·personal friends. His kindly and and ability that h-as always demanded ~incere reference to myself this after our admiration. He has shown not only moon was one of the best illustrations an aptitude for that particular class of :that could possibly. be found to show that work but also a knowledge of the stand men who are strongly opposed in their ing orders which has enabled him to :political Yiews in this Chamber can atill perform his duties with rapidity and to remain fast and firm friends outside th'3 the-satisfaction of those· concerned. The Ohamber. That is how it should be and han. member has displayed, as I men it .is one of the things that makes this tioned before in reference to the elec Legislative Council an outstanding de tion of the President, a marked .bating body. In this Chamber members degree of impartiality which has cer abstain from personalities and insults tainly evoked our admiration. I feel hy wa.y of debate or interjection and con·· that we personally are gratified in being iine themselves to the advocacy of their able to select for this high and honour /. principles and beliefs. Hon. members able position a man who has not only ~. who· have spoken to-day have expressed displayed gJ.'eat public spirit in his themselves in terms of deepest affection parliamentary activities, but who, as a for me and I assure them that I am returned soldier in both wars, has given thoroughly appreciative, because I know his services for the Empire at a time that they are expressing their: feelings when they were most needed. ·not only for one whom they have elected The Hon. H. S .. HENLEY [8.40] : It •as· their President, but also for one whom is a pleasure to me to second the nom they esteem and call their friend. I am ination of Lt.-Colonel.the. Han. Thomas indeed grateful for the kindly words Steele as Chairman of Committees. The :i;hat have ·spontaneously come fr<>m all Hon. Sir Henry 1\:Ianning has mentioned ·sides of the House, and I shall cherish the many fine attributes of Lt.-Colonel ·them to my dying day. Gentlemen, I Steele, and I need not repeat them. He is thank you from the bottom of my heart. a product of the country and I assure I hope that while I occupy this honour han. members that he is held in very high ·a:ble position I shall live up· to the high esteem, 11ot .only in the movement with ...standards that you have set me, and which he is associated, but also through when· the time comes for me to leave out the country and, if he is appointed the-chair I trust that my hmnble efforts Chairman of Committees, it will . be ~l will be appreciated as much as hon. tribute not merely to him, but also to members have to-cla:y indicated by their a la1·ge body of persons who appreciate Yery kindly references. his many excellent qualities. Since I •CHAIRMAN OF C0::.1:MITTEES. have been in this House Lt.-Colonel ·suSPEN'SlON OF STAXDIN'G ORDERS. Steele has often acted as Temporary 1Motion (by the Han. R. R. Downing) Chairman of Committees and it has agreed to: been a pleasure to me and to all other:> •That so •Dluch of the St:md1ng Orders be who have sat under his chairmanshiJ) suspende(l as would prPelude the appoint during the discussion of many vital and ment of a Chairman of Committees of the whole House forthwitl1. intricate bills to note his impartiality and the capable way in which he dealt ·The Han. Sir Henry MANNING with the h11siness of the Committee. T8.38]: I move: · T}Jat Lt.·Colonel the Ron. Thomas StPele T commend his nomination .to. hon. mem he :chairman of Committees of the whole bers. House. The Ron. Sir NORMAN KATER I :feel that I am ·giving voice to the [SA·l] : I move: feelings of -all hon. members, when I That the words "JJt.-Colonel the Ron. ila;y! that throughout the long period that Thomas Steele" be sb·uck ·out and ·t,here he Lt."Colonel the lion. Thomas Steele inserted in lieu. thet·eo£ tl1e· •WOl;(ls "the ba-s ·occupied the position of Temporary Ron. George Staeher Archer". •Chai!rman of Committees he has The,Hon.. :M:r. Arche:u, alsQ; .hasJ filled tl1P, _-aeq1.1itted .h1mself with a degree of skill position of TemporaTy Ch.a.irman. t)f .3656 Chairman of Committees. [COUNCIL.] Chairman of Committees_ Committees with very great success, name is embodied in the amendment, d'e and iu moving my amendment, I make it clines to be a candidate for the position clear that I do not wish to cast any of Chairman of Committees. In the reflection whatever on the manner in circumstances the amendment cannot which Lt.-Colonel Steele has carried out stand and the Hon. Sir Norman Kater those duties. Both gentlemen have should withdraw it. occupied the office with great succesa The Hon. Sir NORMAN KATEH:. a.nd both have the full confidence of the I withdraw my amendment only becaus0 House. The Hon. :M:r. Archer displayed you ask me to do so, sir. I hope that his great impartiality this afternoon you will not think me disrespectful to when he seconded your nomination, sir, your high office. and I wish to reciprocate and to show Amendment, by leave, withdrawn_ my impartiality to the great party to Question resolved in the affirmatire-~ which the hon. member belongs. I The PRESIDENT: [8.44] : I desire- luwe no doubt that the solidarity that to congratulate the Hon. Lt.-Colonel has always been shown by that party Thomas Steele upon his election a:> will be displayed on this occasion. Only Chairman of Committees. He, with the recently we had an example of it in Hon. Mr. Archer and the Hon. !Ir. this Chamber when an hon. member op Spicer often acted as Temporary Chair posite, after stating his objection to a man of Committees during my twelve bill, declared that he would be obliged years of office as Chairman of Com to vote for it. mittees and I know that all three are The PRESIDEXT : Order ! fully competent to take that position! The Hon. Sir NORlliAN KATER: The Hon. R R DOWNING (Min I bow to your ruling, Mr. President, ister of Justice and Vice-President of and regard it as an honour to be the the Executive Council) [8.45]: May first member to be called to order by I be permitted on my own behalf you in your new office. I see a number and on behalf of other bon. mem of bon. members opposite who belong bers, to add my congratulations to. to the Labour· party, and it is only yours, Mr. President. I am sure natural that they should support my that in Lt.-Colonel the Hon. Thomas;. ·amendment. Steele the House has appointed a com The Hon. G. S. ARCHER [8.42] : I petent and able Chairman of Commit desire to have my name withdrawn from tees. During- the time that I h:we bcell! the amendment, as I realise that this is a :Minister in this Chamber I have had political chicanery on the part of the ample opportun i t:v of noting how Ron. Sir Norman Kater. If it were a efficiently the hon. member performed genuine attempt to put me into the office his duties as Temporary Chairman of of Chairman of Committees I should ap Committees and I -have no doubt that preciate it. However, the amendment now that he has been elected permanent places me in a difficult position and I Chairman of Committees he will con ask that my name be withdrawn. Under tinue to perform those duties in the· different circumstances I would appreci same highly c{£cient manner. ate the honour that is proposed. The Hon. G. S. ARCHER [8.46] : I should like, brief!~·, to tender my con The PRESIDEKT: The Hon. Mr. Archer gratulations to IA .-Colonel the Hon. has asked that his name be withdrawn, Thomas Steele-"Tom" Steele, as he is therefore the amendment lapses. familiarly known to us. I am sure that The I-Ion. Sir NORMAN KATER: he will do a g-ood job as Chairman of [8.43] : I naturally bow to your ruling, Committees. I full.v appreciate the fact Mr. President, but I thought that when that he is a returned soldier of the 1914-· an amendment was moved it had to be 1918 war and that he performed meri put. torious service during the recent war The PRESIDEKT: I must rule in that when this country was in dire peril. ! · way because the Hon. Mr. Archer, whose have always regarded Tom Steele as th!t" Temp01·ary Chai1·1nan. [30 APR., 1946.] Liquo1· (Amendment) Bill. 3651: best-dressed soldier that I ever saw, present session of Parliament in the the beau ideal of a soldier, and I am place of Lieutenant-Colonel the Ron sure that he will apply himself compet Thomas Steele. ently to the job of Chairman of Com ASSEN1' TO BILLS. mittees. Royal assent to the following bills, The Hon. Sir NORMAN KATER reported: [8.47] : ll{ay I congratulate Lt.-Colonel Census (A:Qlendment) Bill. the Hon. Thomas Steele on his ap Glenbawn Dam Bill. Burrendong Dam Bill. pointment. I am sure that failing· the LIQUOR (AMENDMENT) BILL. appointment of the Hon. llir. Archer, THlRD READING. who I believe would have made a better Motion (by the Hon. R. R. Downing}' Chairman of Committees, the House proposed: could not have chosen a more able mem '!'hat this bill be now read a th:ird: time_ ' ber than he. The Hon. Sir HENRY 11iANNING The Hon. F. W. SPICER [8.48] : As [8.56] : I move: one of the band of Temporary Chairmen That the words "read a third time" be , that has acted over a period of years I struck out, and there be inserted in lieu:. thereof the words "recommitted with a add my congratulations to those already view to the flll'ther consideration of clause tendered to Lt.-Colonel the Hon. Thomas 48". Steele. I am sure that he will carry out I might say that I am making a request. his high office in a creditable manner to for allowing a course of action that has. himself and in a way that will reflect been almost unanimously adopted in this· credit on the House. I feel sure that if House, as far as I can recollect, during, he follows in your footsteps, 1\fr. the last thirteen or fourteen years. I President, this House will have no re can recall one instance, and one onl;y •. grets for having appointed him to ·the upon which such a request has been• position. refused, and that was when the whol'l Lt.-Colonel the Hon. THOMAS matter had previously been dealt with.. STEEI~E [8.49]: I appreciate very in detail. I feel sure that the Minister· much indeed the· honour that has will be impressed with the necessity of" been conferred upon me this eve gi~'ving thUs his sm\ious consil:leration lling, and I am thankful indeed when he reflects that the bill, and par for the congratulations that have ticularly clause 48, introduced a matter been tendered to me by the Hon. 1Ir. of vital interest to the whole community_,_. I Downing, the Hon. Sir Norman Kater, namely, the establishment of commun and other hon. members. In accepting ity hotels. The Minister will recall, as. this position I am not unmindful that the very reason for agreeing to recom-· I am following in the footsteps of a mittal, that the bill sought to amendi j former able Chairman of Committees, by inserting words in dozens of differ namely, yourself, Mr. President. I feel ent parts of a very complicated piece that with the help and co-operation of of legislation already in existence, name hon. members I shall be able to give ly, the Liquor Act, and to make pro the House the service to which it is vision for reading portions of other ActS' entitled. I feel, too, that as time goes on· into it. The bill, which is of formidable I shall be able to learn something from dimensions, running as it does into 109:> you, Mr. President, and make myself pages, was seen for the first time by more useful to hon. members' in Com this House on the day it was introduced._ mittee. In conclusion, I thank hon. On that occasion the Minister askeci' members for electing me to this posi bon. members to bear in mind that there tion. were a number of other matters that 1'EMPOR-AR.Y CHAIRMAN OF would be •dealt with by amendments. COMMITTEES. coming from him, and these were pre The PRESIDENT nominated the Hon. sented when the bill was first brought. Hugh Latimer to act as a •Temporary down in this Chamber. I must add that . Chairman of Committees during the the Minister was good enough to let: ~65.8 L'iqu()r (Amendment) B~ll. [COU:i'\CIL.] Liquor (A.nruJndment) Rill. me have in advanc.e a copy of the bill enable a set of provisions to be incor <>n the Wednesday. I cannot' attribute Spicer, F. W. vVright, E. G. any reason why the hon. member has 8rcwart, J. Tellers, Tannock, C. Bodkin, J. A. · IDQved this amendment to-night, other Williams, S. C. Hanison, E. J. than the fact that he has been influenced by propaganda that has been pub KoES. lished in the daily press recently, with ·Bassett, G. D. Manning, Sir Hemy the sole object of seeking to make some Biuks, A. N. Pratten, F. G. capital out of this proposed move. He Bradley, Captain Robson, W. E .. v. Budd, H. V. Snider, L. S. had an opportunity to move these amend Eggius, E. S. Speck, E. J. C. ments when that part of the bill waa Falkiner, 0. M. Steele, Lt.-Colonel under consideration, but no amendment Henley, H. S. was moved by the hon. member or by Horne, :a:. E. TellerH, Kater, Sir Norman .: Bridges, A. D. m1y other member associated with him. Kneeshaw, Major ·.Sommer lad, E. C. I can be pardoned, I hope, when I ex press the opinion that this move for Question so resolved in the affirmative. the recommittal of the bill has been Amendment negatived. a.ctuated by press propaganda. The Original question resolved in the Government proposes to dispose of its affirmative. legislation in the ordinary course so Bill read a third time and returned that the business of the State may be to the Legislative Assembly with amend dealt with in an orderly manner. I appreciate that bills are frequently re ments. committed at the third reading stage. This has been often the case where it LUNACY (AME~TDMENT) BILL. has been discovered that a necessar,v SECOND READING. amendment should be moved which would make the bill a better measure, The 'Hon. R. R. DOWNING (l\1inis or that an anomaly should be removed. ter of Justice and Vice-President of the In this case the matter referred to by Executive Council) [9.19]: I move: the Hon. Sir Henry Manning was with That tbis bill be now read a second time. in the knowledge of bon. members at This bill is a bill that alters the gen the Committee stage, and could have eral law in respect of lunacy, .and its b.een suggested and debated on thttt application is in two directions. First, occasion. It is establishing an entirely it gives a discretion to the l\finister new principle when an bon. member under section 67 of the Lunacy Act to seeks to reintroduce suclt matters by a commit from time to time either to recommittal of the bill. I therefo;re what is known as the criminal division . suggest that the House should refuse to in a hospital for the insane or to the allow its recommittal. free.clivisiou. At the present time where a person committed to a hospital for Question-That the words proposed to the insane under section 6i of the Lun be struck out stand-put. The House acy Act .is placed in either the criminal divided:: or the free division, the Crown Solicitor has advised that he cannot be tra.n.s Ayes, 27; noes, 1S; majority, 9. fen-ed. The per.sous dealt with under AYES. section 67 01:. the Lunacy Act include Alam; A~ A. Graves, J. J. persons w.ho have been summari1.v con ·Archer, G. S. Hackett, C. victed or persons who .are held in default ·Buckley, F. P. King,R.A. of bail. Concnnnon. J. i\I. MeGin, P~ i\I. · Dalton; c:·A. Mahony, R. First, the bill gives a d;iscretion to the Dick1>on, W. E. ·Mun•ay; T. G. Minister to transfer such persons •either D Attorney-General, a jury may be em fellows without danger to them or to panelled to determine a patient's fitness himself and that he could not hold that to plead. Having- stated the two main Sinclair had reached that condition. principles of the measure, I should per Under the new section the Chief Judge haps refer to the specific case that has found that Sinclair was of unsuond given rise to it. mind, and, while conceding that he had Probably all hon. members have heard no jurisdiction to take action, made cer of the case of Boyd Sinclair, who is de tain observations which could be classed tained at the hospital for the criminal as recommendations. These might be insane. The history of his detention is summarised in this way: (a) That Sin briefly this: In 1935 he was charged with clair should be brought to trial without the murder of a taxi-cab driver. He was further delay; (b) if this were not pos brought before the court, but prior to sible that some means should be found committal for trial was certified insane of establishing his guilt or innocence; . and, at hand of the then Minister for (c) if he could not be brought to trial Health, Mr. FitzSimons, placed in the that he should be removed from his pre criminal division of a mental hospital. sent surroundings. He has remained there ever since. In The l-Ion. Sir HENRY MANNING: Did 1944 an application was .made to the his Honour say he should be brought Chief Judge in Equity to determine his to trial if he is not fit to plead? sanity. The Chief Judge held that The l-Ion. R It DOvVNING: That under section 99 of the Lunacy Act, is not clear from his Honour's judg under which the application was made, ment. His Honour suggested that some he had no jurisdiction to deal with Sin way should be found to determine his clair, he being a. person who had been guilt or innocence. The difficulty under placed before trial in the criminal in the present law is that no effect can be sane division under section 67 of the given to the recommendations. This is Principal Act. The Government then a case in which the person charged has amended the law by introducing new not been tried and has been held as a section 76A, which, hon. members will criminal lunatic. Under existing la1v recall, was passed about eighteen months Sinclair is required to remain in con ago. Under this measure jurisdiction finement until certified to be of sound was giYen to the court to determine the mincl. I might have misinformed the question of sanity of persons such as l-Ion. Sir Henry :Manning· when I said Sinclair. Chief Judge Nicholas again that the judge had not considered the heard the application made under the question of fitness to plead. amended section and decided that Sin The Hon. Sir HENRY MANNING: If he clair was insane. However, in his judg is schizophrenic the jury might find ment he made certain remarks that have that l1e is fit to plead, but in the inter caused the Government to review the vening period before he tenders his plea position and to introduce this measure. he might become insane again! Sinclair is suffering from a schizo The Hon. R. R. DOWNING: That is phrenic condition-he is a split person so. Perhaps I should read what his ality. The medical officers of the Crown. are definite in their opinion that the Honour said when drawing a distinc schizophrenic condition is such that Sin t~on between insanity and fitness ~<> clair should not be at large. It is usual plead. He said : for these patients at certain periods to In my judgment a man may be held fit· to plead, although he could not be held be quite normal and at others to be quite to be of sound mind. Fitness to pLad, insane. Mr. Justice Nicholas said that I think, may be a condition of much less he was unable to hold that Sinclair was permanence than a soundness of mind, and of sound mind but proceeded to point Lord Atkins' committee, to which I have already referred; stresses the importance of out that he regarded sanity as a bringing a person confined under circum condition of such permanence that a stances similnr to those of Boyd Sinclair, patient could be trusted to mix with his to trial at the earliest possible moment. The Hon. R. R. Downing.] Lunacy (Amendment) Bill. [30 APR., 1946.] Lunacy (Amendment) Bill. 3C61' Fitness to plead, again, involves a state such finding to be recorded, and thereupon of mind on 01· about the date of trial. It may order such person to be kept in strict does not involv;e the c<>ntiuuance of a custody in such place and in such manner rational condition or the ability of the as to such Judge may seem fit until he be patient to mingle in society for a lengthy dealt with as provided by the next succeed· }JCriod without danger to himself or to his ing section of this Act. fellow citizens. The raising of the defence of insanity The root of the difficulty is determining at the time of the comlllission of the Sinclair's fitness to plead. offence is not precluded. This case has The Ron. Sir HENHY :M:ANNIKG: That worried both this Government cmcl the could be decided only on the day of his previous Government because of the arraignment! peculiar circumstances associated with The Ron. R. H. DOWNING: That is it. That has been particularly the case so. The bill provides machinery for because the person concerned was only ~stablishing, by the verdict of a jury, a youth at the time of the commission his fitness to plead. Unless and until of the offence. There has been no way, that question has been decided there is becau.;;e of his mental condition, in no way of determining his guilt or in which his guilt or innocence could be l10Cence and no way of giving effect to determined. The Hon. Sir Henry Man His Honour's recommendations. The ning-, as he no doubt recollects, pre Crown never seeks to put on trial a viously dealt with the facts from the person not fit, because of insanity, to Crown's point of view, and came to the }Jlead. conclusion, quite properly, that the Captain the lion. W. J. BRADLEY: Crown had a proper case on which to Does it not come back to the opinion place Sinclair on his trial. The present ~f the llledical officers~ Attorney-General has been called upon The Ron. R. R. DOWNING: That to determine the same matter, and his suggestion has been lllade over and over opinion is the same as that which was again. Under the bill the matter will given by the Hon. Sir Henry Ilfanning. be determined by a jury and the It is now sug-gested that the question as opinions of the medical officers will be to whether or not Sinclair is fit to plead should be determined by a jury. If this ~vidence before the jury. is done, Sinclair could still set up The Ron. Sir HE..'\RY :M:AX~"TXG: As 'snming that the measure is passed, there insanity at the time of the offence, even js the safeguard that if the finding is though he may have been found fit to .one of sanity, before he is brought tu plead. It is a very fine distinction . trial Sinclair might again become in The Ron. Sir HENRY 1\f.A...' The Hon. Sir HENRY ~fANNING: The Hon. R. R. DowNING : The ·bill A bill would be filed long before then. would not prevent a decision whether ·Captain the Ron W. J. BRADLEY: he was insane being arrived at on th& The Attorney-General may not wish to trial of the accused! file a bill! Cu'Ptain the Hon. W. J. BRADLEY: It The Ron R. R. DowxrNG: No doubt would be dealt with in the ordinary the Attorney-General would endeavour course, with the assistance of medical' to have his guilt or innocence deter evidence! mined immediately following the de The Ron. Sir HENRY 1fAX)."'JNG termination as to fitness to plead! [9.47] : The circumstances to which the Captain the Ron W. J. BRADLEY: Ron. Sir Norman Kater refers would' Once the jury brought in a verdict he make the case a little more complicated_ would be returned to hospital and the If the accused became insane in the Attorney-General would make the next course of the trial, the judge and jury move! would be asked to try a man who was The Ron. Sir HENRY MANNING: insane and could not instruct counsel'. He would file a bill on other considera That would be a wrong thing. The per tions. If the accused then became in son charged would be in the custody of sane, the matter could be raised upon the jury and the judge could direct that arraignment. he was in such a. state of health that 'his The Ron. R. R. DoWNING : In the trial could not proceed. The judge could first instance the jury would decide be asked to direct that he be released his fitness to plead, and then the bill without bringing in a verdict. In that · could be :filed against him. The provision case the accused would be returned to his deals with procedure only. place of detention and the Court woul.;I The Hon. Sir HENRY MANNING await developments to see whether he [9.45] : Subsection (9) is the first could be tried again at a later stage? a-lternative and subsection (10) is the The Hon. R. R. DoWNING: That is so! second alternative. He may be returned to the goal or, alternatively, placed on Clause, as amended, agreed to. trial~ Bill reported with an amendment; The Ron. R. R. Do·wNING : Yes. The report adopted. Attorney-General could decide not to file a bill while Sinclair was in the BREAD INDUSTRY BILL. hospital for the criminally insane and SECONI> READING. there would be no authority to hold him The Hon. R. R. DOWNING (Minisc,. there. He would be transferred to the ter of Justice and Vice-President of the free division of the hospital because he Executive Council) [9.52): I move: would not be a person in default of That this bill be now read a second time bail! The bill has for its purpose an amend Captain the Hon. W. J. BRADLEY: ment of the law to provide for day The proviso to section 67 would allow baking. As bon. members are well aware~ him to go to the free part of the hospi the hours worked in the baking industry taH have been a great cause of discontent The Hon. R. R. DowNING : That is in New South Wales and elsewhere, and so-even though he were a person held the matter has been the subject of in default of bail or summarily convicted discussion at many places, including the of some offence! International Labour Organisation Con The Ron. Sir NORMAN KATER: The vention at Geneva. Following upon a change from sanity to insanity might report by Mr. Justice Kinsella-the come very suddenly. If the jury decided co=issioner charged with the respon... that he was fit to plea.d, and he had a sibility of reporting on the bread indus sudden access of insanity during the try in New South Wales-the Govern trial, could the judge take action~ ment set up a Bread Industry Advisor,y -0664 Bread Incl~tst1·y Bill. [COUNCIL.] Bread Industi·y Bill. •'Committee to consider ce-rtain of the but must again start work at midnight .1·ecommendations of his Honour. That on Friday and work through until about •commi ttee consisted of representatives 10 a.m. on Saturday. That has been the· ·•of employers, operative bakers and bread. real. trouble in the baking industry. U n .cartm·s, and had an independent chair der the bill the normal start on Friday ;1nan. The question of the hours which will be at 4 a.m. and the baker will work . operative bal.;:ers should work in the right through until sufficient bread is bread industry was considered at some baked to cover Friday and Saturday length and eventually the committee deliveries. I understand that in Ade was unanimous in its recommendation laide, Brisbane, and Hobart, baking on •as to the hours that should be worked. Friday night or on Saturday has been 'Those ~re the hours as set out in the eliminated, and I suggest that the new .schedule to the bill. The recommenda hours proposed should be given a fair .tions when given effect will result in trial in the interests of industrial peace . .the elimination of night baking except The result will be to give a five-day ·On seven nights in the year preceedil'tg week to operative bakers and a five-and statutor:y holidays. Except on extra a-half-day week to bread cal'ters. I -ordinary occasions, the operative baker think it will be agreed by all bon. mem will be freed ever,y week-end and the bers that where it is possible for an -carter will be freed each week-end from employee to have a five-day working .11 a.m. on Saturday. The committee week or a five-and-a-half-day working i:hat was set up made this statement:- week every effort should be made to It must be appreciated that there has achieve that result. ~been a re-organisation of hours of baking The schedule to the bill might be ·."\Yhich will result in week-end bread baked better understood if I explain briefly to ·tmder the hours recommended being only hon. members the hours at present ·twelve hours older than at present. worked by bakers. The ordinary day at .At the week-end bread will be baked on present begins at 5.30 a.m. and there Friday morning for delivery that morn is a provision that it must end before ing, and later on Friday for delivery on 6 p.m. On what are called double days, :Saturday morning. Also, the bread that is when there are deliveries on carters' monthly holiday :· will be Saturday to provide bread for Saturday •eliminated. There will be at least and Sunday, the operative baker starts twelve occasions during the year on at midnight, and the award provides which housewives will not receive day that he shall stop not later than 6 a.m. old bread, as is necessary at present to On a treble day the start is at 1.0 p.m. :give carters their monthly holiday. The or 11 p.m., and work finishes only when hours proposed by the bill have the baking is concluded. Under the pro unanimous approval of the three inter posed scale the employee will start an ested parties, th,:e master bakers, the hour earlier on 11£onday, that is at 4.30 operative bakers, and the carters, and a.m., and on other days he will start at -the master bakers have agreed to these 5.30 a.m. l10urs only on condition that certain The Ron. Sir No1DIAN KATER: Does -other recommendations shall be imple the Minister mean by a "treble day," mented. This measure deals solely with Saturday, Sunday and Monday? 'hours, and in no way touches the recom The Hon. H. R. DOWNING: Yes, mendations made in other directions by and a double clay embraces Satu:·day ·either l\fr. Justice Kinsella or by the and Sunday. Under the schedule, instead Bread- Industry Advisory Committee. of starting at midnight, as provided 'Those recommendations will be the sub for in the award, the baker will be re ject of a separate bill that will be sub quired to start at 4 a.m. In the case -rnittedlater. The position to-day is that of treble days he will be required to start the operative baker starts at 5.30· a.m., at 4 a.m. except on a few occasions when on Friday and works until approxi he will be required to start at 10 p.m. :matel,v 11.30 a.m. He is then off duty, Those occasions are when holidays occur The lion. R. R. Downing.] Bread Industry Bill. [30 APR., 1946.] Adjournment. 3665 on succeeding-s cb~·s. It will be nece~ Captain the Hon. \V. .T. BRADLEY: !lary for baking to commence on tlte \-\7hat committee was it th::tt made these nig-ht prior to the eYe of the holiday recommendations? at 10 p.m. Hon. members will see from The Hon. R. R DOWNING: It was the schedule what hours it is proposed the committee set up to advise the GoY shall be worked. The principal alter:~ crnmeut how best to give effect to the tion is in respect. to double days. Under recommendations contained 1n ~Ir. the bill the baker will start an hour Justice Kinsella's report and any mat €arlier on Monday, but will start at the ters that might arise out of it. same time on ordinary da;ys except Fri The Kinsella report did not recommend day, when he will start at 4 a.m. and a change of hours in the baking trades. work long enough to hake bread for Debate adjourned. both :Friday and Saturday. Captain the Hon. \V. J. BRADLEY: This ADJOURNMENT. docs not touch shops at all? AIR TRAVEL llY HON. 1\lE)Im:RS. The Hon. TI. R DOWNING: No; Motion (by the Hon. H. H. Downing) and it is applicable only to the counties proposed: Df Cumberland and Northumberland. That this House clo now acl;jour11. Captain the Hon. \V. J. BRADLEY: The retailer can sell outside the hours The Hon. G. D. BASSETT l"lO.G) : I set do\\·n in the bill? wish to submit a matter of imi)ortance for the consideration of the :Minister The Hon. H. R DO\VNlNG: This and the Govcmmcnt. Air travel is now legislation does not interfere with the becoming the order of the clay. Airlines retailer. Section 122 of the Factories are being established in country centres, and Shops Act deals with the hours of and couutr;v members feel that the privi delivery of bread by bread-carters. Tlti.s leges of air travel should be extended legislation does not alter in any w'1:v to them. Speaking for m.yself, the Butler the hours during which bread may be Air Service is establishing a daily ser resold by shops and other distributors. vice each way between S:yclney-Dubbo, The Ho)l. E. J. Eccr:>s: Can this J3ourke, Cunnamulla and Charleville. It measure be applied to other parts of the would be helpful to hon. members, par State? ticularly those engaged in primary pro The Hon. H. R. DOWNING: I should duction, if we could save twent.y-four have mentioned that by proclamation l10urs' travelling time in connection with the operation of the bill can be extended our parliamentary duties. As an example, to any other part of the State. I feel I could haYc left Dubbo at 2.30 p.m. to that the House will recog-nise that there clay and been able to attend the opening as justification for the Leg-islature inter of the House at 4.30 p.m. If we sat till vening to fix hours in the bread industry. midnig-ht to-night, I could be home at As the House knows, there is a preced Dubbo by 11.30 a.m. to-morrow. Hon. ent for a Day Baking Act. In 1926 such members enjoy the privileges of sleep :m act was in operation in this State, ing berths and railway facilities gener and it remained in force for some time. ally. If the Government departments However, the starting and finishing obtained the value of the sleeping berths times under that legislation varies from to which hon. members are entitled and those under this measure. As I said pre set off that amount against the cost of viously, the question of whether there air travel for members there would not should be day baking or night baking be a very larg-e debit. I ask the Govern has been discussed for years. In the ment to give this matter earnest con circumstances I feel that the House will sideration. :Many country airlines are agree to the measure. being established to the no1·thern and :,' lOz 3666 Assernbly Jlembcrs Pensio11s. [COUXCIL.] Havilah Esia-k southern areas of the State and many Honourable Thomas Sinclair Holden, re hon. membeTs may desire to take advan signed, and the Honourable Keith Gregory Brooks, the Honourable Henry G'lements tage of these fast travelling facilities. Moulder and the Honourable Sir Frederick The Hon. R. R DOWNING (Minis Henry Tout, Kt., whose terms of service ter of Justice and Vice-Presidcn t of the have expired. Executive Council) [10.8] : in 1·eply: This is the first occasion on which this LUNACY (Aj',IENDMENT) BILL. matter has been brought to my notice. Bill read a third time a11tl returned It will" require some consideration, but to the Legislative Assembly with an. I assure the hon. member that it will be amcndmen t. fully considered. Question rcsolYcd in the :rffirmative. CLOSER SE'fTJ~EJ\fENT: PURCHASB' OF PART OF HAVILAH ESTATE. Honse adjomned at 10.8 p.m. The Hon. R. R. DOWNING (.Minis ------·-- h:r of Justice and Vice-President of the-. Executive Council) [ 4.35] : I move: ~rr~islntibe Qtoundl. That pursuant and subject to the pro,·i ~ions of th() Closer Settlement Acts this Wednesday, 1 J'Jfoy, 1D~G. House approves of the Governor purchasing· hy agreement with the O\Uter the private· Janel comprised in part of Havilah Estat~ .iAegislatin~ Asscmblv .\1C'mbcrs Pcn~ions Bili··- of a total area of about 6.5RO acres at :t Priutin~ Commitf~r--Houht.~ Oommii:tC'l'-LuU:J(·y price of £6 Os. Ocl. per acre on a freehold: (Amemlmcnt) Bili-Clo~er ~t·tt lerncPt: p,n·ch:J·•c of Havilah ·l,~st:.Jte--Clo:-.f'r Settlement: Purehfl::::f' basis. of Carra mar E:;tate--Clo~~~r Sc·ttlemf'nt: Pur cha..qe of Pine Lodg-e E<.:tnte-Clos:er ~etth•mcni: I have arranged for hon. members to be Purcb:u·e of 'Vantab LEGISLATIVE ASSE11JBLY ~IE~I ment. It also sets out the estimatecT BERS l'.K~"SIO?'IS BILL. Humber of farms that can be allocated Ro:y:ll assent to this bill reported. as a result of the acquisition of this. estate. The Advisor,y Board's report p;i,-es complete details of the property. A PJU:NTJNG C01BIITTEE. map has also been provided for the in Motion (l•.r the lion. R H.. Do,>ning) formation of hon. members. agreerl to: The report of the Advisory Committee That the llonoura hle ,John Ste\\·art and states that this property has been the the Honourable Robert Emmet t:la,ag.e bo subject of investigation by expert o:ffi appointed as ~\[embers of the PJ·inbJJg Committee in the places of the Ho110urabh~ ·eers, of the Commonwealth and State ·walter Corrie Cambridge and the Honour· Governments who agree as to its suita able Sir l<'rederiek Henry Tout, Kt., whose bility for the settlement of discharged terms .of St'ITice h:l\'e expired. members of the Forces. The property is sjtuated in the Central Tableland area lJ (YtJf-\E Cmi1UTTEJ~. ahout 7?t to 12 miles north-easterly from Motion (h:v the lion. R R Downing) the town of Mudgee, which has the usual ~greed to: amenities of a fair sized country .town, That tl•e, Honourable Thomas George including Primary and High Schools. ~furray, the llonoumiJlc Emest Charles There are also Public Primary Schools O'Dea, the Honourable Hornce \V.illiam at Budgee Budgee, Buckaroo and Havi" \Vlriddon anrl the Houourahle Samuel Con· nell Williams be appointed as Members of lah which are in close proximity to-the the House Committee in the places of the estate. The land· is mainly suitable ·for ,_I