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Samuel Way

From Wikipedia, the free encyclopedia
Australian politician

Sir Samuel Way
Chief Justice of South Australia
In office
18 March 1876 – 8 January 1916
Preceded bySir Richard Hanson
Succeeded bySir George Murray
Administrator of South Australia
In office
17 July 1902 – 30 June 1903
Preceded byLord Tennyson
(as Governor)
Succeeded bySir George Le Hunte
(as Governor)
Attorney-General of South Australia
In office
3 June 1875 – 18 March 1876
PremierJames Boucaut
Preceded byCharles Mann
Succeeded byHenry Gawler
Member of theSouth Australian Parliament
forSturt
In office
10 February 1875 – 20 March 1876
Preceded byWilliam Mair
Succeeded byThomas King
Personal details
Born(1836-04-11)11 April 1836
Portsmouth, Hampshire, England
Died8 January 1916(1916-01-08) (aged 79)
Parent

Sir Samuel James Way, 1st Baronet, (11 April 1836 – 8 January 1916) was an English-Australian jurist who served asChief Justice of theSupreme Court of South Australia from 18 March 1876 until 8 January 1916.

Background

[edit]

Way was born inPortsmouth, England. ReverendJames Way, his father, was aclergyman in theBible Christian Church, who emigrated toAdelaide,South Australia in 1850 along with his wife and four younger children to establish amission. Samuel, the eldest child, remained behind, studying atShebbear College inShebbear, a small village inNorth Devon, and later at a school inChatham inKent. He left England to rejoin his family at the end of 1852, arriving inAdelaide in March 1853. He was soon employed in the office ofJohn Tuthill Bagot, at that time abarrister, and in 1856 became anarticled clerk to Alfred Atkinson (c. 1825 – 4 June 1861), solicitor ofKing William Street.[1]

Legal and judicial career

[edit]

On 25 March 1861, Way was admitted to theSouth Australian Bar to practice law, and when Atkinson died shortly afterwards, Way inherited his practice.[1] Way practised as abarrister and quickly became a leader among the legal community, and in 1868 joined a partnership with another barrister, James Brook.[2] In September 1871, Way was made aQueen's Counsel, despite having been admitted to the bar only ten years earlier. When Brook died in 1872, a youngJosiah Symon joined Way as partner. Way continued to be highly successful, travelling to London to argue a number of cases before theJudicial Committee of the Privy Council. In 1874, Way was elected as a member of the council of theUniversity of Adelaide, and was also appointed to the South Australian Board of Education.[1]

In 1875, Way was elected to theSouth Australian House of Assembly as the member forSturt, and on 3 June of that year joined theBoucaut government asAttorney-General of South Australia.[3] He was only a politician for a short time, however, since in March 1876, at the age of just thirty-nine, he was appointedChief Justice of South Australia following the death ofRichard Hanson on 4 March. Since it is the role of the Attorney-General to recommend judicial candidates to the cabinet, it has been suggested that Way probably nominated himself to be Chief Justice.[4] Way soon gained a reputation as an excellent lawyer, and it has been said that none of his decisions were ever successfully appealed to a higher court.[5] Later in 1876 he was appointed as thevice-chancellor of the University of Adelaide, and in 1883 became thechancellor, a position he would hold until his death.[6]

Statue of Sir Samuel Way onNorth Terrace, Adelaide in front of theUniversity of Adelaide.

In 1877, Way was called upon to act as actingGovernor of South Australia. In January 1891 he was appointed to the position ofLieutenant-Governor of South Australia, a position subordinate to the state Governor. In January 1897, Way became the first Australian to be appointed to theJudicial Committee of the Privy Council and was sworn into the position in Westminster on 18 May 1897, and gaining the titleThe Right Honourable.[7]

In 1899 he was created aBaronet, ofMontefiore,North Adelaide, andKadlunga Mintaro, both in the Colony ofSouth Australia.[8]

In 1902, when Lord Tennyson vacated the role ofGovernor of South Australia to assume the role ofGovernor-General of Australia, Way was commissioned as Administrator of South Australia, and remained in that role until 1903.[9]

In October 1905, it was Way who publicly pronounced thatCatherine Helen Spence, writer and suffragist, social worker and feminist was the most distinguished woman in Australia.[10]

Way was a Freemason and Grand Master of the Grand Lodge of South Australia and Northern Territory from 1884 to 1916, apart from the period 1889–95 when the position was occupied by the Governor, theEarl of Kintore.[11]

Personal life

[edit]

Way married Mrs. Katherine Gollan Blue (née Gordon) on 11 April 1898.[12] She was the widow of Dr. William Archibald Sinclair Blue (died 18 September 1896) ofStrathalbyn.[13] The time and whereabouts of the wedding, which was the subject of great public interest, were a closely kept secret until well after the event.[14]

Eastern view c. 1890 of Montefiore, Way's residence at North Adelaide. After his death the second storey was removed. The house is now a part ofAquinas College.

Way became ill in 1914, and was diagnosed withcancer. He travelled toSydney to have his armamputated, in an attempt to delay the cancer. The operation failed to prevent his health from deteriorating, but he continued his work as Chief Justice until December 1915. He died early the following year inNorth Adelaide.

Recognition

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Samuel Way Building onVictoria Square, Adelaide

The baronetcy became extinct on his death. The geological feature Mount Sir Samuel and the town ofSir Samuel in theGoldfields region ofWestern Australia were named after him.

A statue was unveiled on 17 November 1924, located onNorth Terrace, Adelaide, in front of theUniversity of Adelaide.[1]

The Sir Samuel Way Building onVictoria Square, Adelaide, was originally a major retail outlet forCharles Moore and Co. In 1983 it was sold to the state government and was named after him.

References

[edit]
  1. ^abcd"A Distinguished Citizen".The Register. 18 November 1924. p. 10. Retrieved14 December 2012 – via Trove.
  2. ^"Out Among the People".The Advertiser. 20 July 1954. p. 4. Retrieved13 December 2012 – via Trove.
  3. ^"Rt Hon Sir Samuel James Way Bt KC".Former members of theParliament of South Australia. Retrieved20 December 2022.
  4. ^"Our first Grand Master, Bro Samuel J Way".Freemasons South Australia and Northern Territory. Archived fromthe original on 21 August 2006. Retrieved2 March 2006.
  5. ^Serle, Percival (1949)."Way, Samuel".Dictionary of Australian Biography. Sydney:Angus & Robertson.
  6. ^Bray, J. J. (1990)."Way, Sir Samuel James (1836–1916)".Australian Dictionary of Biography. Vol. 12. National Centre of Biography,Australian National University.ISBN 978-0-522-84459-7.ISSN 1833-7538.OCLC 70677943. Retrieved20 December 2022.
  7. ^"Edinburgh Gazette"(PDF).Edinburgh Gazette (10, 886): 485. 25 May 1897.
  8. ^"No. 27174".The London Gazette. 16 March 1900. p. 1791.
  9. ^"PROCLAMATION BY THE LIEUTENANT - GOVERNOR NOTIFYING ASSUMPTION OF OFFICE AS ADMINISTRATOR"(PDF).The South Australian Government Gazette.1902 (32): 77. 17 July 1902 – via Australian Legal Information Institute.
  10. ^"The Scot who was lauded as the Grand Old Woman of Australia …".The National. 29 March 2020. Retrieved29 March 2020.
  11. ^Past Grand Masters of The Grand Lodge of South Australia and Northern Territory Retrieved 4 May 2015.
  12. ^"Marriage of the Chief Justice".South Australian Register. 11 April 1898. p. 4. Retrieved13 December 2012 – via Trove.
  13. ^"Family Notices".Southern Argus. 24 September 1896. p. 2. Retrieved22 May 2015 – via Trove. W. A. Blue was father of Shylie Katharine Blue (1882-1959) mother ofHenry Way Rymill.
  14. ^"Fair and Unfair".Quiz and the Lantern. 14 April 1898. p. 11. Retrieved20 April 2019 – via Trove.

Bibliography

[edit]
  • Hannan, A. J., C. M. G., Q. C.,The Life of Chief Justice Way, Angus and Robertson, Sydney, 1960.
  • Emerson, Dr. John,First Among Equals, University of Adelaide Barr Smith Press, Adelaide, 2004, pp 11–56.
South Australian House of Assembly
Preceded byMember for Sturt
1875–1876
Served alongside:William Townsend
Succeeded by
Political offices
Preceded byAttorney-General of South Australia
1875–1876
Succeeded by
Legal offices
Preceded byChief Justice of South Australia
1876–1916
Succeeded by
Government offices
New titleLieutenant-Governor of South Australia
1877–1916
Succeeded by
Academic offices
Preceded byVice-Chancellor of the University of Adelaide
1876–1883
Succeeded by
Preceded byChancellor of the University of Adelaide
1883–1916
Succeeded by
Baronetage of the United Kingdom
New titleBaronet
(ofMontefiore and KadlungaMintaro)
1899–1916
Extinct
International
People
Other
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