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GRIFFITH, SIR SAMUEL WALKER (1845-1920), premier of Queensland
and first chief justice of the high court of Australia,
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was born at Merthyr-Tydvil in South Wales, on 21 June 1845. He was the
younger son of the Rev. Edward Griffith, a Congregational minister, and his
wife, Mary, second daughter of Peter Walker. Though of Welsh extraction, his
forbears for at least three generations were natives of England. Griffith came
to Australia with his family in 1854, living first at Ipswich, then at West
Maitland, and from 1860 at Brisbane. He was educated at a private school at
Sydney, and at the Maitland high school. He matriculated at the university of
Sydney when he was 15, and completed his B.A. course when he was 18, with
first-class honours in classics, mathematics and natural science. During his
course he was awarded the Cooper and Barker scholarships and other prizes. On
his return to Brisbane he was articled to A.
Macalister (q.v.), in one of whose ministries Griffith afterwards had his
first portfolio. In 1865 he gained the T. S. Mort Travelling Fellowship. Going
to Europe he spent some of his time in Italy, and became much attached to the
Italian people and their literature. Many years after he was to become the first
Australian translator of Dante. He was called to the bar in 1867, obtained a
good practice, and in 1871 became a representative for East Moreton in the
legislative assembly. In 1874, as a private member, he brought in and carried an
insolvency bill and soon afterwards became a member of Macalister's fourth
ministry as attorney-general. In the following year he introduced and carried
his education bill, which provided that education in Queensland must be free,
secular and compulsory. From June 1876 to the end of 1878 he was
attorney-general and secretary for public instruction in the Thorn
(q.v.) and Douglas
(q.v.) ministries. Sir
Thomas McIlwraith (q.v.) was in power for nearly five years from January
1879, and found in Griffith a most determined opponent who succeeded in
displacing McIlwraith in November 1883, and won the next election largely on his
policy of preventing the importation of Kanaka labour from the islands. He
passed an act for this purpose, but it was found that the danger of the
destruction of the sugar industry was so great that the measure was never made
operative. Recruiting was, however, placed under regulations and some of the
worst abuses were swept away. Griffith took a special interest in British New
Guinea, and was eventually responsible for the sending of Sir
William Macgregor (q.v.) there in 1888. In 1887 Griffith was one of the
Queensland representatives at the colonial conference held in London, where he
initiated the debate on the question of preferential trade and proved himself to
be one of the outstanding men at the conference. The McIlwraith and Morehead
(q.v.) ministries were in power from June 1888 to August 1890 when Griffith
formed a coalition with McIlwraith, who succeeded him as premier in March 1893
when Griffith resigned to become chief justice of Queensland. He had had a
distinguished career in Queensland politics. Included in the legislation for
which he was responsible were an offenders' probation act, and an act which
codified the law relating to the duties and powers of justices of the peace. He
also succeeded in passing an eight hours bill through the assembly which was,
however, thrown out by the legislative council. His work in connexion with
federation was even more important. At the intercolonial conference held at
Sydney in November 1883 James
Service (q.v.), the Victorian premier, thought that Australia was ready for
a real federal government, but Griffith, who was not prepared to go so far,
moved and carried a resolution providing that a federal council should be formed
to deal with the defence of Australasia, matters relating to the islands and
Australia, quarantine, the prevention of the influx of criminals, and other
matters of common interest to the various colonies. At the Sydney convention
held in 1891 he was appointed vice-president, and as a member of the
constitutional committee had an important part in framing the Commonwealth bill.
This formed the basis of the constitution which was eventually adopted.
When Griffith was offered the position of chief justice of Queensland there
was a general feeling that he was the outstanding man for the position. The
salary was, however, comparatively low, Griffith was making a large income at
the bar, and it seemed that he was being asked to make too great a sacrifice.
Eventually the salary was increased to £3500 a year. He showed himself to be an
admirable judge. He had an absolute knowledge of Queensland supreme court
practice, and his industry never allowed his general knowledge of law to become
rusty. With his fellow judges he compiled the Queensland criminal code which is
a monument to the clarity of Griffith's mind. He did not henceforth take any
public part in the question of federation. Unofficially he was able to influence
the decision to delete the clause from the draft constitution disallowing any
appeal from the federal high court to the privy council. He was also able to
apply his great knowledge of constitutional law to the final settlement of other
problems that had to be cleared up before federation could come into being. From
1899 to 1903 Griffith was also lieutenant-governor of Queensland, and when it
was decided in 1903 to constitute the high court of Australia, it was generally
agreed that the choice of Griffith for the position of chief justice was the
only possible one. A few members of the Labour party who had been opposed to his
views on the high court and the privy council raised objections to the
appointment but received little support. Griffith carried out his duties as
chief justice with great ability until his retirement on 31 August 1919. He then
lived at Brisbane until his death on 9 August 1920. He married in 1870, Julia
Janet, daughter of James Thomson, who survived him with one son and four
daughters. He was created K.C.M.G. in 1886, G.C.M.G. in 1895, and was made a
member of the privy council in 1901.
Griffith had been interested in Dante for many years before he published his
translation of The Inferno of Dante Alighieri in 1908. This was followed
by his translation of the complete work, The Divina Commedia of Dante
Alighleri, in 1912, and The Poems of the Vita Nuova in 1914. Critical
opinion of Griffith's translation of Dante has ranged from "the finest
translation extant" to "he has succeeded in rendering the Poetry of Dante into
the language of a parliamentary enactment". The second verdict goes too far. But
though the translation is a most painstaking piece of work, Griffith's sense of
harmony and rhythm was defective. This is evident when his translation is
compared with Longfellow's written in a similar metre.
Griffith was tall, fair and bearded. In private life he was a model husband
and father, but he could not be described as a popular man. He had an air of
aloofness and apparent coldness which held in check even the most
hail-fellow-well-met of his parliamentary colleagues. Yet he was clever as a
parliamentarian and a strong party leader. He had perfect faith in himself, but
no trouble was too great in ascertaining the facts, no care too great in
drafting a clause of a bill. His power of work was tremendous, and it has been
said that he kept himself going by drinking large quantities of whisky. The
statement is probably based on the fact that he certainly took liquor with his
meals and on other occasions, but it has never been suggested that it had any
evil effect on him. This has been referred to because his biographer, A. Douglas
Graham, found it necessary to deal at some length with the popular stories
relating to this question. (See his Life, pp. 96-8). In politics Griffith
was consistent except on one occasion, his reversal of policy on the Kanaka
question. He regretted this himself, but was convinced that serious injury would
have been done to the colony if the prevention of the use of coloured labour had
not been postponed. As a lawyer he was astute, brilliant, incisive, with
encyclopaedic knowledge and the power of keeping his eye on the principal
object, however involved the problem might be. He was an excellent judge,
whether he was a great judge is more difficult to say, as later members of the
high court have tended to reverse some of his judgments. He did an immense
service by broadening the procedure of his time and discouraging that undue
taking of technical points that has too often in the past defeated the ends of
justice. His mind was possibly over-subtle, and this may have given the
impression that he lacked the intellectual honesty of Higinbotham
(q.v.). But he was easily the greatest man of his time in Queensland, and one of
the very greatest in all Australia.
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