Local Government Bill. l2 SEPT., 1941.] Question and Answer. 739 preceded me . .Sir Thomas Bavin has left 14tgt.alatibr i\B.armbly. behind him the record of an arduous, useful, unselfish and distinguished life. Tuesda'JJ. 2 Septembe1·, 191,.1. At all times and under all circumstances he gave without stint the best that was within 1iim, and an appreciative country Printed Question and Answer-Death of the Hon. rewarded him with almost all the Sir Thomas Bavin, K.C.M.G. honours it was in its power to bestow. In his early academic studies he gave promise of those rich and rare intel­ Mr. SPEAKER took the chair. lectual gifts which so distinguished his The opening Prayer was read. after career. He had a great affection for his University, which directly and . indirectly has cradled so many of us PRINTED QUESTION AND ANSWER. here of all parties who stand to-night ROYAL PRINCE ALl!'RED HOSPITAL: to do honour to his memory. At the Bar, FIRE. by dint of his eloquence, his knowledge, the clarity of his reasoning and his fair­ 1.ir. }.iATTHEWS asked the MrNISTEH mindedness, he quickly forged his way to FOH. HEALTH,-(1) Is it a fact that the front, but when he .was on the eve a fire occurred recently at the Royal of gathering together a large and lucra­ Prince Alfred Hospital? (2) Will the tive practice, he decided to forsake and Minister inform the House-(a) the to sacrifice the prospects of private ad­ time at which the fire commenced and vancement in order to enter the larger who was the last clerical employee career of public affairs. His public life to leave the quarters in which the fire was characterised by his great capacity originated; (b) if the Medical Super­ for work and by the breadth and courage intendent Of the hospital, Dr. Lilley, of his principles and his outlook. Now was at the hospital that day and if so that he has run his last race, it is to at what time did he leave the hospital; be hoped that there are other men of his (c) who holds the keys of the place in ilk to carry the torch and to emulate which the fire originated; (d) does any his achievements in the field of private officer of the hospital hold a master-key; and of public endeavour. and if so who is it? (3) Is it a fact that recently grave allegations · have been H on. membe1·s and officers of the made regarding the administration of House rising in their places, the hospital, and that in the fire referred Question resolved in the affirmative. to, most, if not all, the vital records of the hospital were destroyed? ( 4) Will he further inform the House when Dr. LOCAL GOVERNMENT (ELECTORAL PROVISIONS) BILL. Lilley was appointed superintendent, what was his commencing salary, what Royal assent to this bill reported. is his present salary, for how long has he been appointed, and who paid for his WESTERN LANDS (AMENDMENT) BILL. trip overseas and what was the cost of that trip? Bill received from the Legislative Assembly and read a first time. A.nswe1·,-(1) Yes, on Saturday, 9th August, 1941, in the accounts depart­ THIRD READINGS. ment. (2) (a) It would appear that the The following bills were read a third fire broke out at some time between time: 12.30 and 12.45 p.m. The last clerical Factories and Shops (Amendment) Bill. employee to leav.e the quarters in which Coal Mines Regulation (Further Amend· the fire originated was Mr. Kenneth men t) Bill. John Foy. (b) Dr. Lilley is the general House adjourned at 5.11 p.m. superintendent of. the hospital. He wt.s Death of the H:.on. [ASSEMBLY.] Sir ThomM Ravin, K.C.M.G. at the hospital that day and left at 12.20 The death of Sir Thomas Bavin ma:rks p.m. (c) The keys ·of the place ·in which the passing .from our .community of a the fire originated are ·held by the hall man who gave a 'lifetime of service ·to porter of the hospital. The accounts de­ the· State, and undoubtedly service to partment is locked by the last member one's country is the hall-mark of citizen­ of .the accounts ·staff to leave each day ship. He was a great parliamentarian; and the keys are handed to the hall and, more than that, he was a great pdrter, who locks them .away in a key­ scholar and jurist. 'He .had a brilliant cupboard in his office. The hall porter University and legal career. Educated holds the master-key of the .accounts de­ at and at partment, which is kept in a locked cup­ University, he gained ·the degree of board and has not been drawn for many Bachelor of Arts in 1894, won the Wig­ years. (3) It is a fact that recently the ram Allen scholarship and the Univer­ senior inspector of the -Hospitals Com­ sity medal, and took his LL.B degree in mission conductea an investigation into 1895. He was admitted to the Bar at the .business ·side of •the ·hospital so .far 23 years o£ age. He,. therefore, had a as it relates to the ·assessment and col· most distinguished scholastic career. He lection of patients' fees. As a result of was also for some time acting Professor such investigation, he estimated that if of Law at the . proper businesslike methods were adopted In his younger days, as a member the hospitaltcould, ·without detriment to of the Bar, he was paid the great tri­ any patient, collect an ai::lditional bute by a Government that certainly £12,000. patients' ·fees .per annum. This held political views quite different from report is being considered by the hos­ his, of being appointed a Royal Com­ pital. In the fire which occurred re­ missioner to inquire ·into the cost of cently none of the vital records of the living. The report of the late Sir hospital were destroyed. All the ·main Thomas Bavin is a monumental one, and books of account were undamaged, all a magnificent tribute to his great abil­ patients' account cards are intact, and ity, to his devotion to the work of the the bookkeeping and cashier's offices, State and to his impartiality when act· with all the records contained in those ing in a judicial capacity. He enjoyed offices, were undamaged. (4) (a) Dr. a large practice at the Lilley was appointed superintendent on Bar, particularly in the industrial juris­ .1st-July, 1933. (b) His commencing sal­ diction, in which he was recognised as ·ary was ·£1,182 per annum. (c) His pre­ a great authority on industrial law. sent salary is £2,000 per annum. (d) He Later he was appointed a justice of the ha.s been appointed for a period of five Supreme Court of New South Wales, (5) ·years from 1st September, 1933. (e) and those who appeared before him­ The board of directors of the hospital and there are a great number of those paid for his trip overseas. (f) The cost gentlemen ·in ·this House-can ·testify of the trip was -£801 12s. 10d. to his ability, to the attention given to his work and to the honourable way in D'EATH OF THE HON. SIR THOMAS which he carried out the important BA VIN, K.C.l\1.G., K.C. duties associated with that office. But it was not as a scholar nor Mr. McKELL (Redfern), Premier as a judge that we knew him best. [2.32] : I move: Vve knew him best as a member of this (1) Tha.t this House do now adjourn as a House, and there are many of us here tribute of respect to the memory of the Hon. Sir Thomas Rainsford Bavin to-day who sat ·through the years in K.C.M.G., a Judge of the Supreme Court' this ·Chamber with him. In many and a former P1·emier of this State. ' of those years political feeling ran high (2) That Mr. Speaker be requested to con­ and .grave difficulties faced the State. YCY to Lady Bavin the profound sympathy Those o! us ·who sat through them know and sorrow of the members of the Legisla­ tive Assembly of New South Wales at the the work of the late gentleman as a dea.th of her distinguished husband. member of the Legislative .Assembly of Death of the Hon, [2 SEPT., 1941-.] Sir T.homas Bavin, K'.G.M.G. 741

New South Wales. He entered the judge. Nevertheless, he never. lost touch House in 1917 and altogether spent with his other.· public associations, and eighteen· years in this Ohamoer. Pur­ only a few days.before-his death a paper ing those years Sir Thomas held the prepared by. him was. read at a meeting highest offices that are in the gift of of an organisation with which he was the· people of the State. He held the closely associated. We all feel sorrow P.Ortfolio of Attorney-General, of Colo­ for his great· suffering,. but· all of us ad­ nial· Treasurer, and of Colonial Secre­ mire the courage with which he endured tary, and· he was. also Premier of the it. To. Lady Bavin and the other State of New South Wales. During the sorrowing relatives of her late husband, years in which he held those offices and my Cabinet colleagues, members of the until his retirement- in 1935, to take a Labour party, members of the Legisla;­ seat on the Supreme Court Bench, I tive Assembly. generally, and I convey was closely associated with him. My our. most profound sympathy and sor­ entry into this House was in 1917, so row, and pay our tribute of respect to that he was certainly a contemporary his memory_ of mine. My association with him was Mr·. MAIR () [2.44]: On not as a colleague, and it was not as a behalf of my colleagues, I JOm member of the same political party. We the· Premier in expressing the deep­ were always on opposite sides of the est sympathy to the widow and House, and I suppose that; in· the many family of the late Sir Thomas Bavin. years I have been in this Assembly, Sir Thomas was a great sufferer. I had there was no man with whom I differed not the privilege of knowing him for so so widely in politics as the late long as did the Premier, but during the Sir Thomas Bavin. Despite that, I period of my acqm:intance with him formed for him a very great respect, 1 realised· the- intensity of his suffering. because I. recognised' in him a man who I have often wondered how he gained was absolutely honest and straight­ the strength to carry out his public forward. Sir Thomas was straight­ duties. He was a man possessed of tre­ forwardness personified. In the advo­ mendous courage, of a· very highly cacy of his beliefs, with which I often developed sense of public duty, and, differed greatly, he was tenacious, and what is rare in these times, great cul­ showed great ability. From my ex­ ture combined: with a very full under­ perience here, I have formed the con­ standing of his fellow-man. Sir Thomas clusion that Sir Thomas Bavin must was a gentleman to whom instinctively be regarded as having been among the we were drawn, probably because those very able men that have been in this of us who had the privilege and honour Chamber during the last twenty-five of his friendship knew his suffering, and years. He was a man of great courage, were drawn to a man who, though and no matter what hostility he met he suffering, yet had· the courage and, as would express his views with all the the Premier put it, the tenacity to stand ability and conviction that character­ up against his pain and commendably ised him. One could not but admire fulfil his duties. We mourn his loss. his great courage when the odds were Many of us in this House were against him. privileged to enjoy his friendship. It Even before Sir Thomas became a has been a great honour·. The world, member of the Supreme Court Bench , and New South Wales in par­ he was a great sufferer. In his later ticular, in this time of stress, when great years in this House his face was marked minds are needed, can ill afford to lose with· pain, which was almost con­ such a great man as the late Sir Thomas tinuous, following operation after opera­ Bavin. tion. WHen he went on to the Bench Lt.-dolonel BRUX'NER (Tenterfield) : his suffe1'ing was. intensified; but despite [2.47}: I desire- to associate my col­ his years of pain l1e carried on- tenaci­ leagues and myself" with the motion be­ ously his duties as a Supreme Court fore the Chaml:ler, and in every way· to 742 Death of the Hon. [ASSEMBLY.] Sir Thomas Bavin, K.G.M.G. endorse the remarks that have heen made always helpful, and in this House he by the Premier and the leader of the set a standard that was very hard to Opposition. I can speak, perhaps, from a live up to. Sir Thomas Bavin spent point of view altogether different from hours. in preparing his contributions to that of those two gentlemen. My col­ the debates in this Chamber; once league, the bon. member for Armidale, on his feet he could hold the Assembly, and I are the only two persons present in regardless of the side of the House on this Assembly who were members of the which hon. members happened to sit, Government led by the late .Sir Thomas and every word he spoke in debate was Bavin, and we are also two of the ori­ worth while. New South Wales, Austra­ ginal members of the old Progressive lia, and the Empire have lost a great party, of which Sir Thomas Bavin patriot whose memory, I am sure, will was deputy-leader in 1920, and for always live in this old Chamber in which which he was very largely responsible he had so many triumphs and in which from its inception. It is not necessary he spent so many years of his life­ for me t·o recount all the details of his years, perhaps, that he could ill spare g,reat career. As the Premier has said, when we recall the great affection he he was a great scholar, a great jurist, had for his family. There may be no a great statesman, and, the greatest need for me to say it, but never was thing of all, a great friend and a great there a father who loved his children gentleman. more than Tom Bavin did. One of the ' It is just as well that we should take gTeatest drawbacks of his public life the occasion of his passing to remind was the fact that it kept him away the public that this Parliament does from his home and family, with whom attract to it men with the accomplish­ he would have preferred to spend his ments and outlook of Sir Thomas Bavin. time. He was in every sense a home We sometimes hear criticism levelled at man, but in spite of that he gave most this institution, and it is good for us to of his life to public service. On behalf remember that a man who could claim, of my colleagues I join with the Pre­ by reason of his own capacity and mier arid the leader of the Opposition ability, any place he liked in the in conveying to Lady Bavin, and the community, chose to serve for eigh­ members of her family, my deep. sym­ teen years in this Assembly, and pathy. that as a sick man. Never was Major SHAND (Ryde) [2.53] : I there a more . courageous heart found should like to add my tribute to the in a frail body than in the case of Sir memory of the late Sir Thomas Bavin, Thomas BaYin. I well remember when, and to express my regret at his pass­ as a Minister in his Cabinet as far back ing. For many years Sir Thomas as 1927, I used to visit him in hospital adorned not only the political life of this and consult with him, and never once country but, in later years, the Supreme did I hear him complain of his physical Court Bench of this State. The de­ sufferings. All through his last long ceased gentleman was a man of great illness, which, as the Premier and the faith, who kept strictl,y to the principles leader of the Opposition have said, was that he advocated. He had great wis­ a very painful one, the last thing one dom, born of many years of professional ever heard Tom Bavin mention was his and public life. He worked in the inter­ illness. When anyone else was falling ests of his fellow men, possessing the 'by the wayside he never failed to in­ courage of his convictions and courage quire as to how that person was nor to tc bear his physical sufferings. I feel do what he could to help him. Those of sure the people of New South Wales us who were closely associated with the will never forget the deceased gentle­ deceased gentleman in the Parlia­ man's public services. We honour his mentary life pf this State, can memory, and convey to Lady Bavin and truthfully say that he never once her family our deepest regret at his let any of us down. He was passing. We shall retain his memory •

Death of the Hon. Sir. T. Bavin. [2 S.EPT., 1941.] Legislative Council: Vacancy. 743 as that of one who served the best in­ in addition to that, he· will be re­ terests of his country, honourably, with membered as a fine parliamentarian. integrity and as a true gentleman. As as an eminent jurist, and as an ex­ Longfellow wrote : pounder of the principles of British Lives of great men all remind us justice. To me his death comes as an \Vc can make our lives sublime, irreparable loss, as indeed it is to the And departing, leave behind us Footprints on the sands of time. State of which he was a very distin­ guished Judge, Premier and public man. :Mr. DRUM:AWND (Armidalc-) [2.56] : The leader of the Country party has Hon. members and officers of the truly said that of those who were asso­ House rising in their places, ciated with Sir Thomas Bavin in his Question resolved in the affirmative. :Aiinistry only he and myself are at present in this House. I think there are. The House adjoumed at 3 p.m. only three of the members of that Min­ istry surviving in the House, and I should like to take this opportunity briefly to pay my tribute and to iden­ 3Legtsiuiibe ~oundl. tify myself with the remarks made by the previous speakers. As a young man, Wednesday, 3 SezJtembe1·, 1941. taking a very important portfolio, I can pay tribute to the great courtesy and Legislative Council: Vacancy (Writ for Election)­ assistance extended to me by my late l'irst Headings-Western Lands (Amendment) chief. He set a very high standard of Bill (second reading). public conduct, and expected those who were associated with him to conform to In the absence of the President, the · that standard. He was "a man," and Deputy-President took the chair. those who knew him b~·st appreciated The opening Prayer was read. his courtesy and gentlemanly con­ sideration. Once he was satisfied that the course proposed by his :Ministers LEGISLATIVE COUNCIL: Y ACANCY. ' was right, he never flinched in his deter­ WRIT FOR. ELECTION. mination to follow it through. If I speak The DEPUTY-PRESIDENT reported the correctly, he was associated with the work of Federation as secretary to Sir receipt of a message from His Ex­ celle-ncy the Governor intimating that, , and I know that at a with the advice of the Executive later stage he identified himself with the Council, he had issued ·a writ for establishment of the League of Nations Union in this State, becoming, I believe, the election of a member of the Legislative Council to fill the vacancy its first President. I was a foun­ dation member with him, and I know caused by the death of the lion. Maxwell Pollok Dunlop, O.B.E. that his influence in that work was ex­ ceedingly great. To him it must have Writ read by the Clerk. been a matter of profound disappoint­ The DEPUTY-PRESIDENT directed that 'mc-nt that in his declining --days the the taking of the votes of members in the cause to which he devoted so many of Legislative Council for the election of a his years for the benefit of the com­ member to the Council be set down as an munity, did not bear fruit in time to prevent the frightful strife in which the order of the day for the day of the bal­ Empire is now engaged. Sir Thomas lot appointed in the writ mentioned in was also keenly interested in interna­ his Excellency's message, namely, the tional affairs, and he was president of 24th day of September, 1941, and inti­ the Australian Institute of International mated that on such day the taking of the Affairs. Those who knew him best votes would take precedence of all other ca'n say, "He was my friend," but, business.