Senate
9 February 1944

17th Parliament · 1st Session



The President (Senator the Hon. Gordon Brown) took the chair at 3 p.m., and read prayers.

page 3

ADDRESS-IN-REPLY

The PRESIDENT:

– I have received the following message from His Excellency the Governor-General: -

Mr. President,

I desire to acquaint you that the AddressinReply, at the opening of the Seventeenth Parliament, was duly laid before His Majesty the King, and I am commanded to convey to you and to honorable senators His Majesty’s sincere thanks for the loyal message to which your address gives expression. (Signed) Gowrie, Governor-General. 4th December, 1943.

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ASSENT TO BILLS

Assent to the following bills reported : -

Sales Tax (Exemptions and Classifications) Bill (No. 2) 1943.

Sales Tax Bills (Nos. 1-9) 1943.

States Grants Bill 1943.

Loan Bill (No. 3) 1943.

Appropriation Bill 1943-44.

Appropriation (Works and Buildings) Bill 1943-44.

Commonwealth Inscribed Stock Bill 1943.

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DEATH OF SIR GEORGE FAIRBAIRN

Senator KEANE:
Minister for Trade and Customs · Victoria · ALP

– It is with regret that I inform honorable senators of the death of a former member of this Parliament, Sir George Fairbairn, who died in Melbourne on the 23rd October last. The late Sir George Fairbairn was elected to the Legislative Assembly of Victoria in 1903 for the electorate of Toorak, which seat he held till September, 1906. He was elected to the House of Representatives for the division of Fawkner, Victoria, at the general elections in 1906, and was re-elected in 1910. He was elected to the Senate as a representative of Victoria in 1917. He was a member of the Public Accounts Committee from September, 1917, to May, 1918. He did not seek re-election in 1922, and retired from the Senate on the 30th June, 1923. He was Agent-General for Victoria in London from 1924 to 1927, and he was created a Knight Bachelor in 1926. Many of us will have no personal recollection of the deceased gentleman, but, in keeping with the tradition of the Senate, I move -

That the Senate expresses its deep regret at the death of Sir George Fairbairn, Kt., a former member of the House of Representatives for the division of Fawkner, and a former senator for the State of Victoria, places on record its appreciation of his meritorious public service, and tenders its sincere sympathy to his widow and family in their bereavement.

Senator McLEAY:
Leader of the Opposition · South Australia

– I second the motion, and join with the Leader of the Senate (Senator Keane) in expressing sympathy, on behalf of the members of the Opposition, with the relatives of the late Sir George Fairbairn. We all appreciate the value of the parliamentary service rendered by the deceased. The name of Fairbairn will be hallowed and remembered in this country for many years. The late Honorable James Fairbairn was also a member of this Parliament. The pioneering work of the late Sir George Fairbairn is known throughout the length and breadth of Australia, and members of the Opposition desire to pay a special tribute to his memory.

Senator GIBSON:
Victoria

– Members of the Australian Country party wish to be associated with the motion. By the death of Sir George Fairbairn a link has been severed with one of the best-known pastoralist families in the Commonwealth. The history of Australia would be incomplete without reference to the name of Fairbairn, both with regard to its pastoral development and its political life. To his widow and family we extend our deepest sympathy in their bereavement. His selection as Agent-General for Victoria in London in 1924 was one of the best choices ever made for that appointment, and during the three years he occupied that position he rendered excellent service to his country. His death will be widely regretted, because he was one of Australia’s leading citizens.

Question resolved in the affirmative, honorable senators standing in their places.

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DEATH OF EX-SENATOR ARTHUR BAE

Senator KEANE:
Minister for Trade and Customs · Victoria · ALP

– I am sorry to announce that ex-Senator Arthur Ra died on the 25th November last at Beverley Hills, Sydney. The late ex-Senator had had a parliamentary career extending over a period of more than 40 years. In 1891 he was elected to the Legislative Assembly of New South “Wales for the electorate of Murrumbidgee, which he represented till 1894. He entered the Commonwealth political sphere in 1910, when he was elected to the Senate as a representative for New South Wales. In 1913 he was a member of the select committee which inquired into the case of H. China, and he wa3 also a member of the Select Committee on the Fitzroy Dock. He was re-elected to the Senate at the general elections in 1928. He was a member of the Select Committee on the Standing Committee System which sat in 1919 and 1920. He retired from the Senate in June, 1935. I move -

That the Senate expresses its deep regret at the death of former Senator Arthur Rae, places on record its appreciation of hie long and meritorious public service, and tenders its sincere sympathy to the members of his family in their bereavement.

Senator McLEAY:
Leader of the Opposition · South Australia

– On behalf of the Opposition I second the motion, and join with the Leader of the Senate (Senator Keane) in expressing sympathy with the relatives of the late ex-senator. It is fitting that we should recognize his long and meritorious public service by agreeing to the motion before the Senate.

Senator COOPER:
Queensland

– Members of the Australian Country party wish to be associated with the motion, and to express their deep sympathy with the relatives of the ex-senator.

Question resolved in the affirmative, honorable senators standing in their places.

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DEATH OF EX-SENATOR CHARLES WILLIAM GRANT

Senator KEANE:
Minister for Trade and Customs · Victoria · ALP

– It is my sad duty to inform the Senate that exSenator Charles William Grant died in Hobart on the 14th December last. Before entering the Commonwealth Parliament, he had been a member of the House of Assembly, Tasmania, having been elected to that chamber in 1922 for the electorate of Denison. In July, 1925, he was elected to the Senate as a representative of Tasmania at a joint sitting of both Houses of the Parliament of Tasmania, in accordance with section 15 of the Constitution, but was defeated at the next general elections. He was re-elected to the Tasmanian House of Assembly for the electorate of Denison at the general elections in 1928, and again in 1931. Ex-Senator Grant was Honorary Minister from the 15th June, 1928, to’ the 2nd March, 1932, when he was again elected to the Senate hy the Parliament of Tasmania to fill the vacancy caused by the death of Senator Ogden. He was re-elected to the Senate at the general elections in 1934 and was a Temporary Chairman of Committees from October, 1935, to December, 1939. He retired from the Senate on the 30th June, 1941. I move -

That the Senate expresses its deep regret at the death of former Senator Charles William Grant, places on record its appreciation of his meritorious public service, and extends its sincere sympathy to the members of his family in their bereavement.

Senator McLEAY:
Leader of the. Opposition · SOUTH AUSTRALIA · UAP; LP from 1944

– On behalf of the Opposition, I second the motion, and join with the Leader of the Senate (Senator Keane) in expressing sympathy to the relatives of the deceased gentleman.

Senator COOPER:
Queensland

– The Australian Country party desires to be associated with the motion. The late exSenator Grant was gifted with a profound fund of common sense and a flair for business which well fitted him for the high positions that he held. His practical mind was extremely valuable in the deliberations of this chamber. Successful business men, such as the deceased was, are a great asset in any community and are sadly missed when they pass on. To his relatives we extend our deepest sympathy.

Senator HERBERT HAYS:
Tasmania

– I desire to associate myself with the motion relating to the death of ex-Senator Charles William Grant. Many honorable senators will, I am sure, recall the valuable services which the deceased gentleman rendered to this country while a member of the Senate. They will remember him as a keen debater and particularly as a man with a high sense of public duty. For many years ex-Senator Grant suffered from ill health. Right up to the time of has death I visited him frequently and on such occasions he never failed to inquire about his former colleagues in this chamber. He was a keen business man who did a great deal for the State of Tasmania which he served with distinction. Until the end he took the keenest interest in public affairs. I join with other speakers in expressing sympathy to the members of his family in their loss.

Senator J B HAYES:
Tasmania

– I join with other honorable senators in paying tribute to the memory of the late ex-Senator Charles William Grant. For many years I was associated with him in politics; those associations are among my most pleasant political recollections. The deceased gentleman was absolutely dependable. He had no enemies ; he was, indeed, everybody’s friend, and he will be sadly missed, not only by his friends in this Senate, but also by those in the Parliament of Tasmania, and by all who knew him. I extend my sympathy to his relatives.

Question resolved in the affirmative, honorable senators standing in their places.

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DEATH OF EX-SENATOR THE HONORABLE THOMAS CORNELIUS BRENNAN

Senator KEANE:
Minister for Trade and Customs · Victoria · ALP

– Honorable senators will have read with deep regret of the death of a former Commonwealth Minister and senator, the Honorable Thomas Cornelius Brennan, K.C., LL.D., who died in Melbourne on the 3rd January last. The late ex-senator was elected to the Senate in May, 1931, by both Houses of the Parliament of Victoria, under section 15 of the Constitution. He was re-elected to the Senate at the general elections held later in that year. He was Minister assisting the Minister for Commerce from October, 1934, to November, 1937, and Minister assisting the Minister for Industry from November, 1934, to November, 1937. He was Acting AttorneyGeneral and Acting Minister for Industry during the absence in London of the then Attorney-General from February to September, 1935, and again from February to August, 1936. He retired from the Senate on the 30th June, 1938.

The late ex-senator had a very distinguished legal career and was for many years one of the leading counsel in Victoria. He was made a King’s Counsellor in 1928. He was the author of a number of legal works. For one of these - Interpreting the Constitution - the degree of Doctor of Laws was conferred on him by the Melbourne University. The late ex-Minister was accorded a State funeral by the Commonwealth. I move -

That the Senate expresses its deep regret at the death of the Honorable Thomas Cornelius Brennan, former senator and Commonwealth Minister, places on record its appreciation of his meritorious public service, and tenders its sincere sympathy to his widow and family in their bereavement.

Senator McLEAY:
Leader of the Opposition · South Australia

– On behalf of the Opposition I second the motion, and join with the Leader of the Senate (Senator Keane) in extending our deepest sympathy to the widow and family of the late ex-senator.

Senator COOPER:
Queensland

– It is the desire of the members of the Australian Country party to associate themselves with the motion, and to pay tribute to the memory of the deceased gentleman. The late ex-Senator Brennan was a successful advocate at the bar, a clear thinker, a good senator and a capable Minister. He was admired by all. He had a keen analytical mind as well as a delightful sense of humour, so that his extremely interesting speeches were always listened to with rapt attention. Men like him are always greatly missed from such an assembly as this. To his relatives we extend our deepest sympathy.

Senator A J McLACHLAN:
SOUTH AUSTRALIA · NAT

– As a former colleague of the late ex-Senator Thomas Cornelius Brennan, I desire to ‘ pay my tribute to the memory of ,a man who endeared himself to all with whom he came in contact. He had decided views on most subjects, but in all his dealings he was the soul of honour. A master of literature, a master of his profession, and an authority on constitutional law, he was withal one of Nature’s gentlemen. The hand of the Reaper has indeed been busy among former members of the Senate since we last met. We can only hope that when our time comes to depart this life we shall leave behind us memories as fragrant as those left by the late “ Tom “ Brennan.

Question resolved in the ‘affirmative, honorable senators standing in their places.

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DEATH OF EX-SENATOR THE HONORABLE PATRICK JOSEPH LYNCH

Senator KEANE:
Minister for Trade and Customs · Victoria · ALP

– It is with great regret that I announce to the Senate the death of a former President of .the Senate, the Honorable Patrick Joseph Lynch, who died in Western Australia on the 15th January last. The late ex-senator was elected to the Legislative Assembly in Western Australia in June, 1904, for Mount Leonora, which seat he. held till November, 1906, when he resigned. He was Minister for Public Works from June to August, 1905. He was elected to the Senate for Western Australia at the general elections in 1906, and was re-elected in 1913, 1914, 1919, 1925 and 1931. He was a member of the Royal Commission on the Fruit Industry in 1912-14. He was Vice-Chairman of the Public Works Committee from 1914 to 1916. He was the first Chairman of the River Murray Waters Commission being appointed to that position in 1916. He was Minister for Works and Railways from November, 1916, to February, 1917. He was a member of the Public Works Committee from July, 1923, to June, 1926. He was also a member of the Select Committee on Standing Committee System which sat in 1929 and 1930.

The late ex-Senator Lynch was President of the Senate from August, 1932, to June, 1938, when he retired after an unbroken period of almost 32 years of service as a senator. He was known to all who are now members of this chamber; and I am sure that all honorable senators mourn his passing. He was accorded a State funeral by the Commonwealth. I move -

That the Senate expresses its deep regret at the death of the Honorable Patrick Joseph Lynch, a former senator for the State of Western Australia and former Commonwealth Minister and President of the Senate, places on record its appreciation of his long and meritorious public service and tenders its sincere sympathy to his widow and family in their bereavement.

Senator McLEAY:
Leader of the Opposition · South Australia

– On behalf of the Opposition I second the motion which has been moved by the Leader of the Senate (Senator Keane). All of us,

I am sure, very deeply regret the passing of ex-Senator Lynch, because nearly all of us were closely associated with him in this chamber. It is fitting that we pay special tribute to his strength of conviction and great courage. His long service as a representative of the State of “Western Australia in this Parliament is sincerely appreciated by a great number of Australians. In “ Paddy ‘’ Lynch the people of that State had a champion fighter, and the people of the Empire a staunch supporter. “Wo deeply regret hia passing, and join with the Leader of the Senate in extending our deep sympathy to has widow, who frequently accompanied her late husband to Canberra, and to his family.

Senator COOPER (Queensland).The members of the Australian Country party in the Senate sincerely associate themselves with the motion. The late exsenator was a distinguished figure in Australian public life in both the State and Federal spheres. He held ministerial office in the early days of federation, and later attained to the highest office in the Senate. His picturesque oratory was one of his outstanding characteristics and contributed greatly to his success in public life. To his widow and family we extend our deepest sympathy.

Senator COLLETT:
Western Australia

– As a Western Australian I should like to add to the remarks which have already been made concerning the late ex-Senator Lynch. I had the privilege of knowing him for a considerable number of years, and of serving with him as a colleague. He left his native country at a very early age, and made Australia his home. It would be very difficult to measure the value of the services which he rendered to this his adopted country. The late ex-senator led a very interesting life. It was a very constructive life; and many of the things he achieved for hia country will live in the recollection of the present generation. He had his loyalties to which he always adhered uncompromisingly. He was a very loyal churchman; and I have no doubt that he displayed his loyalty not only to his friends, but also to others. I join with honorable senators in extending our deepest sympathy to his widow and family.

Senator ALLAN MacDONALD:
Western Australia

– I add my tribute to the memory of the late ex-Senator Lynch. He had a distinguished career not only in the Parliament of Western Australia, but also in this Parliament. Most of us here will remember him as a former President. I shall always remember him as a good, staunch, loyal Western Australian who was always in the forefront in advancing the claims of Western Australia as well as those of the Commonwealth and the British Empire. We shall miss him because he was a great figure in Western Australia where his works will long remain as a monument to his unselfish devotion to a great cause. To his widow, his son and daughters, and their families, I offer my condolence in their bereavement.

The PRESIDENT (Senator the Hon Gordon Brown:
QUEENSLAND

– I should like to add a few remarks concerning the passing of ex-Senator Lynch. Someone has said that death is but the confluence of two eternities, whilst another has said that life is only bottled sunshine and death the silentfooted butler who draws out the cork. I believe that life is far more than that. Schopenhauer once wrote that the principle of life was merely one’s will to live; but another German philosopher, Nietzsche, with whose philosophy we may not agree in the main, stated that life is more than the will to live; it is the will to express oneself. I agree with that view. The more forceful individuals in the community look upon life in that way. The late ex-Senator Lynch was a man of powerful character who did not merely exist, or merely subscribe to Schopenhauer’s dictum that life is merely the will to live. He exemplified Nietzsche’s definition. He expressed his own character, and impressed his personality upon this legislature.

I take the opportunity to speak on this occasion, because, although a change of political fortunes took the late ex-senator away from the party to which he previously owed allegiance, I have happy memories of my association with him in the Senate. I readily recall the fight which he put up on several occasions in this chamber to maintain the right of honorable senators to express their opinions without restrictions. At one time an effort was made, possibly in all sincerity, to limit unduly the scope of debate. I refer to the attempt to deprive honorable senators of the right, on the motion for the first reading of certain measures, to speak on matters not contained in such measures. I well remember ex-Senator Lynch on that occasion stating that it was only right that the opportunity shouldbe given to honorable senators to express themselves upon matters in which they were interested. Upon another occasion, when an attempt was made to limit the power to grant extensions of time in debate to honorable senators, exSenator Lynch bitterly opposed it. He was a colourful character, and a fighter, and it is because he was a fighter, always prepared to say what he believed irrespective of whom he hurt, that I appreciated his work. It is well that we have in this community men who are game enough to express their ideas and their characters by their voices and by their actions.

We are now waging a fight for freedom of expression. Ex-Senator Lynch throughout his life was one who strongly advocated freedom of expression, and I rose to-day to voice my high appreciation of his work in that direction. I join with other honorable senators in their expressions of sorrow at his passing, and of sympathy with those he has left behind.

Question resolved in the affirmative, honorable senators standing in their places.

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HOUR OF MEETING

Motion (by Senator Keane) agreed to-

That the Senate, at its rising, adjourn to to-morrow, at 11.30 a.m.

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ADJOURNMENT

Senator KEANE:
Minister for Trade and Customs · Victoria · ALP

– As a mark of respect to the memory of the gentlemen whose passing we mourn. I move -

That the Senate do now adjourn.

Question resolved in the affirmative.

Senate adjourned at 3.33 p.m.

Cite as: Australia, Senate, Debates, 9 February 1944, viewed 22 October 2017, <http://historichansard.net/senate/1944/19440209_senate_17_177/>.