14th Parliament · 1st Session
The Senate, on the 14th December, 1934, adjourned till a day and hour to be fixed, and to be notified by the President to each honorable senator.
The Senate met at 3 o’clock p.m., pursuant to the notification of the President.
The President (Senator the Hon. P. J. Lynch) took the chair, and read prayers.
– It is with very great regret that I have to announce to the Senate the death of Senator Sir Waiter Kingsmill, which occurred on the 15th January, 1935. On behalf of honorable senators I conveyed to Lady Kingsmill an expression of sympathy pending the more formal resolution of the Senate, and a reply has been received from Lady Kingsmill, expressing her appreciation and thanks for the message of sympathy.
– I have to inform the Senate that, pursuant to the provisions of the Constitution, I notified the Lieutenant-Governor of the State of Western Australia of the vacancy caused in the representation of that State by the death of Senator Sir Walter Kingsmill, and that I have received, through His Excellency the Governor-General, from the Lieutenant-Governor of Western Australia, a certificate of the appointment of Allan Nicol MacDonald, as a senator to fill such vacancy.
Certificate laid on the table and read by the Clerk.
Senator ALLAN MacDONALD made and subscribed the oath of allegiance.
-I desire to inform honorable senators that I have received, through the Prime Minister, an expression of the appreciation of the Government and people of France of the resolutions of sympathy and condolence passed by the Senate on the occasion of the deaths of M. Raymond Poincare and M. Louis Barthou.
– I have to inform the Senate that, through the Acting Prime Minister,I. -have received the following letter, addressed toy the Viscountess Novar to His Excellency the Governor-General : -
Raith, Kirkcaldy, 22nd January, 1935.
My dear Governor-General,
I have to thank you for your letter of November the 23rd, enclosing a letter from the Prime Minister informing you thathe was sending me abound copy of the Resolu tions and Speeches delivered in the two Houses of Parliament on the occasion ofLord Novar’s death.
This, together with the unbound copies, has now arrived, and I would ask you to convey to Mr. Lyons, the President of the Senate, and the Speaker of the House of Representatives, my most grateful thanks for their kind thought in providing me with this record of the appreciation of my husband’s services so eloquently expressed in the Senate and House of Representatives.
I deeply appreciate this testimony to my husband’s memory, and they may he sure that the Book in which it is embodied will be regarded as a most treasured possession by’ myself and those who come after me.
Yours sincerely, Helen Novar.
His Excellency the Rt. Hon. Sir Isaac Isaacs, P.C., G.C.M.G.,
[3.5]. - by leave - I desire, formally, to announce to the Senate that during the absence from Australia of the Prime Minister and Treasurer (the Bight Honorable J. A. Lyons, M.P.), the Minister for Commerce (theRight Honorable Dr. Earle Page) will be Acting Prime Minister. The Acting Treasurer (Hon. B. G. Casey, D.S.O., M.C., M.P.) will administer the Department of the Treasury. Senator the Hon. T. C. Brennan, K.C., will act for and on behalf of the Attorney-General and Minister of State for Industry during the absence of the Hon. R. G. Menzies, K.C., M.P., and in consequence of such appointment, Senator Brennan will, in addition to representing the Departments of Commerce, Industry and Health in the Senate, represent the Department of the Attorney-General in this chamber.
Sir Henry Gullett’s work as Minister without portfolio directing negotiations for trade treaties is receiving attention by the Minister for Trade and Customs (Lieutenant-Colonel the Hon. T W. White, D.F.C, V.D., M.P.).
Matters relating to the administration of War Service Homes, which had been in charge of the Hon. H. Y. C. Thorby, M.P., will, during Mr. Thorby’s absence, be attended by the Hon. J. A. J. Hunter, M.P.
I desire also to announce that Major the Honorable Sir Charles W. C. Marr, K.C.V.O., D.S.O., M.C., V.D., M.P., on whose recognition by the King I offer hearty congratulations, retired from the Cabinet, on the 31st December, 1934.
Recommendations ofRoyal Commission.
[3.10].- by leave- The Government has received the second report of theRoyal Commission on Wheat, and has given consideration to the most important of the commission’s recommendations. The report contains 25 recommendations, the first five of which particularly concern the present financial condition of the industry, and the steps which may be take to improve it. The other recommendations, which will have the immediate attention of the Government, in collaboration with the States and other bodies concerned, relate to scientific, economic and practical problems associated with the production and marketing of wheat and flour.
The first five recommendations of the commission are as follow : -
The Government has already provided for the financial needs of the industry in’ respect of the 1934-35 harvest, the funds for which are being made available, partly from a flour tax, and partly from general revenue. The advisers of the Government state that the only way, if at all, by which a compulsory marketing scheme could be established in respect of wheat produced in the Commonwealth, would be by the complete co-operation of the States with the Commonwealth, the States surrendering to the Commonwealth their powers in respect to intrastate trade in wheat. Other methods for the establishment of such a scheme would be open to doubt on the grounds of constitutionality or practicability. The fullest possible discussion and consultation between the Commonwealth and the States must therefore precede any legislative action. To this end copies of the report are being supplied forthwith to the governments of the States. This will enable them to consider its contents before the meeting of the Australian Agricultural Council, which will be held on the 15th April. At this meeting, the question of co-operation between the States and the Commonwealth will be fully discussed, when the action which the States are prepared to take in the matter will be ascertained. The action which could be taken by the Commonwealth can be determined only when the views of the States have been ‘ascertained.
So far as the adjustment of farmers’ debts is concerned, action has already been taken by the Commonwealth and the States. A general plan has been, formulated, and the Commonwealth Government has agreed to provide up to £12,000,000 to the States over a period of years, free of interest, for the purpose of debt adjustment. The recommendations of the royal commission in regard to the rate of exchange between Australia and London will be referred to the Commonwealth Bank for consideration. The determination of the rate is a matter which rests properly with the bank, and in reaching its decision it must consider the whole economic position of Australia.
The following papers were presented : -
Audit Act - Finance - Treasurer’s Statement of Receipts and Expenditure for the year ended 30th June, 1934, accompaniedby the Report of the Auditor-General.
Conference of Commonwealth and State Ministers on Constitutional Matters, held at Melbourne, February, 1934 - Proceedings and Decisions of Conference, with Appendices.
Elections and Referendums - Statistical Returns in relation to the Senate Elections, 1934, and the General Elections for the House of Representatives, 1934, together with Summaries of Elections and Referendums, 1903-1934.
Elections, 1934 -
Statistical Returns showing the Voting within each Subdivision in relation to the Senate Election, 1934, and the General Elections for the House of Representatives, 1934, viz.: -
New South Wales.
Northern Territory Election, 22nd September, 1934 - Detailed Return.
Munitions Supply Board - Report for period 1st July, 1931, to 30th June, 1933, together with Report of Commonwealth Government Clothing Factory for the Financial years 1931-32 and 1932-33.
Wheat, Flour and Bread Industries - Second Report of Royal Commission.
Census and Statistics Act - Regulations amended - Statutory Rules 1935, No. 22.
Commonwealth Electoral Act - Second Reports, with Maps, by the Commissioners appointed for the purpose of redistributing into Electoral Divisions the States of -
Commonwealth Public Service Act -
Appointments - Department of -
Attorney-General - H. Davies and E. S. Edmiston.
Health - L. A. Maclean, H. L. Carruthers, K. N. Welch, P. L. Clarke and G. L. Facy.
Trade and Customs - E. M. Payne.
Regulations - Statutory Rules 1935, No. 16.
Defence Act - Regulations amended- Statutory Rules 1934, No. 158.
Financial Emergency Act - Regulations amended - Statutory Rules 1935, No. 8.
Flour Tax Assessment Act - Regulations -Statutory Rules 1934, No. 163.
Invalid and Old-age Pensions Act - Regulations amended - Statutory Rules 1935, No. 21.
Lands Acquisition Act - Land acquired at - Geraldton, Western Australia - For Defence purposes.
Lawrence, New South Wales - For Postal, telegraphic, telephonic and other like services.
Wagin, Western Australia - For Postal, telegraphic, telephonic and other like services.
Nationality Act -
Return showing the number of persons to whom Certificates of Naturalization were granted during the year 1934, and the countries whence the applicants came.
Regulations amended - Statutory Rules 1934, No. 167.
Naval Defence Act - Regulations amended - Statutory Rules 1934, No. 159- No. 160- No. 161- No. 162; 1935, No. 6- No. 27.
Northern Territory Acceptance Act and Northern Territory (Administration) Act-
Ordinances of 1934 -
No. 23- State Children.
No. 24 - Mining (No. 2).
No. 25 - Dentists Registration.
No. 26 - School Committee.
Sales Tax Assessment Acts (Nos. 1 to 9) - Regulations amended - Statutory Rules 1934, No. 154.
Sales Tax Procedure Act - Regulations - Statutory Rules 1934, No. 155.
Seat of Government Acceptance Act and Seat of Government (Administration) Act - Ordinances of 1934 -
No. 25 - Companies (Receiver and Manager ) .
No. 26 - Matrimonial Causes.
Ordinances of 1935 -
No. 1 - City Area Leases.
No. 2 - Advisory Council.
No. 3 - Traffic.
No. 4 - Juvenile Offenders (Detention ) .
Hospital Tax Ordinance - Regulations amended.
Australian Soldiers’ Repatriation Act-
Regulations amended - Statutory Rules 1935, No. 7
Customs Act - Regulations amended, &,c-
Statutory Rules 1935, No. 1 - No. 2 - No. 4- No. 19.
Post and Telegraph Act - RegulationsStatutory Rules 1935, No. 3.
Raw Cotton Bounty Act - Regulations - Statutory Rules 1935, No. 12.
Wine Export Bounty Act - Regulatoins - Statutory Rules 1935, No. 10.
Tariff Board - Reports and Recommendations -
Men’s Braces and Garters.
Whisky - Period of Maturation.
Commonwealth Conciliation and Arbitration Act - Regulations - Statutory Rules 1934, No. 156.
Customs Act and Commerce (Trade Descriptions) Act - Regulations amended - Statutory Rules 1935, No. 5.
Designs Act - Regulations amended - Statutory Rules 1935, No. 24.
Dried Fruits Act - Regulations amended - Statutory Rules 1934, No. 164.
Dried Fruits Export Charges Act - Regulations amended - Statutory Rules 1935, No. 15.
Judiciary Act - Rule of Court - Dated 13th December, 1934.
Navigation Act - Regulations amended, &c. - Statutory Rules 1934, No. 151- No. 153; 1935, No. 13- No. 14- No. 20.
Patents Act - Regulations amended - Statutory Rules 1935, No. 23.
Quarantine Act - Regulations amended - Statutory Rules 1935, No. 11.
Transport Workers Act - Regulations amendedStatutory Rules 1935, No. 9.
Wheat Growers Relief Act - RegulationsStatutory Rules 1935, No. 16.
[3.19]. - by leave - I move -
That this Senate expresses its deep regret at the death of Senator Sir Walter Kingsmill, Kt., B.A., a former member of the Western Australian Parliament and Minister for State of Western Australia, and at the time of his decease a member of the Senate of the Commonwealth Parliament, of which he had been President, places on record its high appreciation of his long career of distinguished public service, and tenders its profound sympathy to his widow in her bereavement.
All honorable senators were, I feel sure, deeply grieved at the news of the death, on the 15th January last, of Sir Walter Kingsmill, who had, because of his many estimable personal qualities, won his way into the hearts of every member of the Senate.
Sir Walter has departed this life with a record of distinguished service, in both the Federal and State spheres. He was a member of the Western Australian Parliament from 1897 until 1922, when he was elected as a senator for the State of Western Australia. During the time that he was a member of the Parliament of Western Australia, Sir Walter was a Minister of State for periods aggregating four years, and for three years he was President of the Legislative Council. As President of the Senate from August, 1929, to August, 1932, he set an extremely high standard as to the manner in which the duties of that high office should be performed. In January, 1933, he was honoured by His Majesty with a knighthood.
Combining a wide knowledge of men and letters with a genial nature, Sir Walter Kingsmill will long be remembered by all honorable senators as one of nature’s gentlemen. I desire to extend the sincere sympathy of the Senate to Lady Kingsmill. In addition to being a colleague of mine, Sir Walter Kingsmill was a personal friend, whose loss I feel deeply. I am sure that that sense of loss is shared by all honorable senators.
.- The sentiments which have been expressed by the Leader of the Senate (Senator Pearce) regarding the late Sir Walter Kingsmill are shared by the members of my party and myself. I feel that I am giving utterance to the view of every honorable senator when I say that the deceased gentleman endeared himself to all of us. He capably filled the distinguished position of President of the Senate. Even when party feeling ran high, he was always strictly impartial. His genial disposition engendered in all who came in contact with him a kindly feeling for him.
During his distinguished public career, the late Sir Walter Kingsmill showed, not only that he was a man of many attainments, but also that he had a lively sense of humour. That, in my opinion, was one of his outstanding characteristics. He was keenly appreciative of a flash of wit, and during the debates in this chamber must have heard much that appealed to his playful fancy. It, is a matter for deep regret that so kindly and good-natured a man should have passed over; but all of us some day must cross the river. I feel a sense of personal loss at his passing, and realize to the full how much greater must be the loss to those nearest and dearest to him. I associate myself whole-heartedly with the sentiments expressed by the Leader of the Senate, and hope that the widow of the deceased gentleman will gather some comfort from the knowledge that he held the respect and esteem of all with whom he had come in contact.
SenatorCARROLL (Western Australia) [3.25]. - As a colleague of the late Sir Walter Kingsmill, I cannot allow this occasion to pass without endorsing all that has been said of him by the Leader of the Senate (Senator Pearce) and the Leader of the Opposition (Senator Barnes). Much has been spoken concerning the deceased gentleman’s great public services - and deservedly so - but it is not in that connexion that I shall cherish his memory. I shall remember him as a kindly, courtly, cultured gentleman ; a man who knew and loved Australia, and whose place it will be difficult to fill. In the words of Shakespeare, it may truthfully be said of him -
His life was gentle; and the elements
So mix’d in him, that Nature might stand up
And say to all the world, “ This was a man “.
– I, too, as a colleague of the late Sir Walter Kingsmill, associate myself with the widespread expressions of regret at his decease. Sir Walter was indeed a cultured gentleman, a public-spirited citizen, and a loyal friend. For many years I was associated with him as a member of the Parliament of Western Australia, and can speak of the distinguished service which he rendered to that State, as well as to Australia as a whole for nearly forty years. He was particularly active in all matters affecting the flora and fauna of Australia, and took a deep interest in all things involving the well-being of the people. Australia, and particularly Western Australia, which he served so well, are the poorer for his passing.
– With all that has so fittingly been said by other speakers regarding the late Sir Walter Kingsmill, I am thoroughly in accord. I first made his acquaintance over 30 years ago, when he was a Minister of the Crown in Western Australia; but his career of distinguished public service commenced long before that time. Those of us who, from time to time, have had to submit ourselves to the judgment of the people know that the life of a public man is not easy; and that the tests to which he is subjected by tho electors are severe, sometimes to the point of being merciless. When, therefore, we recall that the deceased gentleman again and again received the endorsement of his fellow-citizens, we are strengthened in the view that he possessed in no mean degree those qualities which are to be found only rn worthy representatives of the people. We all are agreed as to the many fine qualities of this distinguished man who so recently was among us. He was a worthy citizen, a zealous guardian of the public interest during the whole of his long public career, and a good comrade in all the social relationships of life. We trust that the severity of the blow experienced by Lady Kingsmill will be tempered by the knowledge that her husband enjoyed the affection and esteem of a wide circle of friends and the respect and goodwill of the citizens of Australia generally. After all, the preservation of a good name and the esteem of one’s fellows are much more than gold can buy. I deplore his death ; but, as the Leader of the Opposition (Senator Barnes) has said, death is an ordeal through which all must pass. Inscrutable are the ways of the Most High, to whose commands we must bow in humility and obedience.
Question resolved in the affirmative, honorable senators standing in their places.
[3.32]. - by leave - I move -
That this Senate expresses its regret at the death of the Honorable Alexander Poynton, O.B.E., a former member of the South Australian and Commonwealth Parliaments, and a former Minister of State of South Australia and of the Commonwealth, places on record its high appreciation of his notable public service, extending over many years, and tenders its deep sympathy to his widow and family in their bereavement.
To many honorable senators the late Mr. Poynton was unknown, but his figure was a familiar one to the older generation of politicians. The deceased gentleman was among the pioneers of the industrial movement of this country. As Senator Barnes can testify, he was one of the early members of the Australian Workers Union, at a time when it was neither profitable nor pleasant to be associated with trade unionism. He also was one of the early members of the political Labour party of his State, and rendered valuable service to both the industrial and political sides of that movement. The late Mr. Poynton had a very fine record in both the South Australian’ and Commonwealth Parliaments. He was a member of the first Parliament of the Commonwealth, and had been a member of the House of Assembly in South Australia from 1893 to 1901. For a short time during that period he was Commissioner of Crown Lands. In 1901 he entered the Commonwealth Parliament as the member for Grey and represented that constituency until 1923. Whilst a member of the House of Representatives, he served on several royal commissions and committees, was Chairman of Committees from 1910 to 1913, and in 1917- 1918 a member of the Joint Committee of Public Accounts and the Federal Parliamentary Recruiting Committee. In November, 1916, he attained ministerial rank, as Treasurer in the Hughes Ministry. From March, 1918, to February, 1920, he was an Honorary Minister, and during that period was Acting Minister for the Navy, Minister in Charge of Shipping, and Assistant Minister for Repatriation. From February, 1920, to December, 1921, ho was Minister for Home and Territories and Minister in Charge of Shipbuilding, and was also Postmaster-General from December, 1921, to February, 1923. In 1920 His Majesty honoured Mr. Poynton by appointing him an officer of the Most Excellent Order of the British Empire.
The record of the late Mr. Poynton’* parliamentary career is one of which any member of this Parliament might well be proud. He was ever prompted by the highest of motives in performing his public duties. On behalf of honorable senators I extend to his widow and family our sincere sympathy in their bereavement.
.- I re-echo the sentiments expressed by the Leader of the Senate in regard to the death of the . Honorable Alexander Poynton. SenatorRae and I were associated with him many years ago. I first made his acquaintance in 1891 when he was an officer of the Australian “Workers Union, of which I was a member. His was a guiding band of the organization at a time when it was laboring under grievous disabilities owing to the heavy hand placed upon it by the “ squattocracy “ of this country. Mr. Poynton did his best to pilot us through those troublous times. He served both as a member and a Minister in the South Australian Parliament from 1893 until 1901, and had a distinguished career as a member of the Commonwealth Parliament. I deeply regret his death, and my party and I join in the expression of sympathy with his relatives in their bereavement.
Question resolved in the affirmative, honorable senators standing in their places.
[3.39]. - by leave - I move -
That this Senate expresses its regret at the death of Mr. Malcolm Duncan Cameron, a former member of the House of Representatives for the division of Barker, South Australia, places on record its appreciation of his meritorious public services and tenders its sincere sympathy to his widow and family in their bereavement.
Mr. Cameron was first elected to the Federal Parliament in 1922 as the representative of Barker, and he continued to represent that constituency until the close of the last Parliament. From March, 1927, to November, 1931, he was a member of the Committee of Public Works, and was chairman of that committee from February to September, 1929. He was a temporary chairman of committees during the last Parliament. During the final days of his association with this Parliament it became evident that he attended to his public duties at great personal sacrifice, because of the ill-health that had overtaken him. He was courageous to the end, however, and his Parliamentary career was notable for the ability and goodwill which he brought to the discharge of his duties. Our sincere sympathy goes out to his widow and family in their bereavement.
.- I associate myself with, the sentiments expressed by the Leader of the Government in the Senate. The late Mr. Cameron, with whom, as a member of the Parliamentary Standing Committee on Public Works, I was very closely associated for a long period, was both able and genial, and had always a cheery smile for everybody. It is much to be regretted that so lovable a personality should have been called away at a comparatively early age. I can well appreciate the grief that his death has occasioned to those near and dear to him, to whom we extend our profound sympathy.
Question resolved in the affirmative, honorable senators standing in their places.
[3.43]. - by leave - I move -
That this Senate expresses its great regret at the death of Mrs. Pattie Deakin, C.B.E., widow of the Honorable Alfred Deakin, a, former Prime Minister of the Commonwealth of Australia, places on record its appreciation of her notable work in the interests of soldiers during and after the Great War, and in public, charitable and philanthropic movements, and tenders to the members of her family its deep sympathy in their bereavement.
It is most unusual to refer in either House of the Parliament to the death of a citizen of the Commonwealth other than a member or former member; but there are some persons who, by reason of the importance of their services to the community, win for themselves aclaim to some recognition in the records of the Parliament of the Commonwealth. Such, a one was Mrs. Pattie Deakin, O.B.E., who, I regret to inform the Senate, passed away at Point Lonsdale, Victoria, on the 30th December last.
Like her husband, the late Honorable Alfred Deakin, she possessed many admirable personal qualities which helped in her self-imposed task of ministering to the needs of others. No record of Mrs. Deakin’s services to the nation would be complete without a reference to her whole-hearted and unselfish efforts on behalf of our soldiers during and after the Great War. The interests of disabled soldiers and soldiers’ children generally were uppermost in her mind, and, as a member of the trust to administer Sir Samuel McCaughey’s bequest, which made provision for the education of soldiers’ children, including orphans, she was able to participate in a work that was very dear to her heart.
Many charitable and ohilanthropic movements in Victoria benefited by her active association with them, and, not the least, those organizations whose special function it is to promote the welfare of women and children.
Her public services to the Commonwealth were recognized by His Majesty just prior to her death, when she was honoured by being appointed as a Commander of the Most Excellent Order of the British Empire. To the members of her family, I wish, on behalf of the Senate, to convey our very deep sympathy.
.- In supporting all that has been said by the Leader of the Government, I would add that most Australians knew very little of the great work that was done by this great lady. Her name, however, was familiar to all, because of the public services of her distinguished husband, who, undoubtedly, was a big Australian, and left an enduring mark on the history of this country. The late Mr. Alfred Deakin was an outstanding advocate of the building up of Australian, industries, and I have no doubt that, in all that ho did for Australia, was aided and supported by his wife, whose death we so much regret.
Question resolved in the affirmative, honorable senators standing in their places.
Appointment of Judges’ Associates
– Has the Government any power or jurisdiction in the matter of the appointment of associates to the judges of the Commonwealth Arbitration Court, or is their appointment entirely within the discretion of the judges themselves? In this connexion I desire to read the following report which appeared in the Sydney Sun of the 22nd February of this year: -
Criticism of £2,500 a year Federal Arbitration Court judges for employing their daughters as associates at £300 a year while, others were out of work, was voiced by the Federal Employment Under-Secretary (Mr. F.H. Stewart) in a newspaper article to-day.
Mr. Stewart said it would be overstating the case, to suggest that the invasion of women into industry was a major cause of male unemployment, but that it played a not incon- siderable part was beyond question.
He would have preferred to refrain from illustrating his point that daughters of wealthy parents were taking jobs to the detriment of others by personal reference, but the notification of the appointment of the twentyyearsold daughter of a federal arbitration judge as associate to her father afforded an illustration too timely and appropriate to escape reference.
Two of the three judges of that court now had their daughters as associates.
This position would be a godsend to many a qualified legal graduate.
I shall be glad if the Minister can give me any information with respect to this matter.
– The practice has been, for many years in other courts, and since the establishment of the Commonwealth Arbitration Court, for judges to nominate their own associates. The question raised by the honorable senator, and referred to in the newspaper paragraph which he read, is one entirely for the judges themselves to determine.
[3.53]. - As a mark of respect to the memory of the late Senator Sir Walter Kingsmill, I move -
That the sitting of the Senate be suspended till8 o’clock this evening.
Question resolved in the affirmative.
Sitting suspended from3.54. till 8 p.m.
Bill received from the House of Representatives, and (on motion by Senator Sir George Pearce) read a first time.
The following bills were received from the House of Representatives, and (on motion by Senator Brennan) read a first time -
Dried Fruits Export Control Bill 1935.
Canned Fruits Export Control Bill 1935.
Dried Fruits Bill 1935.
Dairy Produce Bill 1935.
Senate adjourned at 8.0 p.m.
Cite as: Australia, Senate, Debates, 27 March 1935, viewed 22 October 2017, <http://historichansard.net/senate/1935/19350327_senate_14_146/>.