SIR WILLAIM SIM.

Otago Daily Times, Issue 20501, 31 August 1928, Page 7

SIR WILLAIM SIM.

TRIBUTES BY BENCH AND BAR.

There was a large gathering of members of the Otago Bar at the Supreme Court yesterday to pay a tribute to the memory of Sir William Sim. Mr Justice Ostler was on the Bench.

Mr W. R. Brugh, president of the Otago Law Society, said: “ May it please your Honor that- 1 should refer to the death of a highly esteemed and wellloved judge, Sir William Sim.” It was but three months ago, said Mr Brugh, that tli® members of the Bar in this | district, under the presidency of Sir j William, had met to pay a tribute to the memory of Sir John Hosking, a former | colleague of Sir William, both on the j Bench and at the Bar. The loss they all ‘ mourned that day was more poignant even than that of Sir John Hosking, in | that Sir William Sim had never broken the continuity of his service in this j district. It was quite unnecessary for i him to refer to the great many activities i which the deceased had undertaken when he .had been a distinguished and brilliant leader of their Bar. Suffice it for him to say in passing that there had been giants in those days, and his success as a judge had followed automatically upon his success as a barrister. Three | months ago, in paying tribute to the j memory to his old friend, Sir William I had stated that when a learned man died I his learning died with him. Now Sir | William Sim had been more than a learned man. He had been a man of outstanding wisdom as well. To define properly his mentality would beggar superlatives. His mind was incisive, and so keen, and his logic was so mathematical that to practice under him was an honour and an inspiration. He could have succeeded in any sphere, and the highest honours which any sphere could have bestowed would have been his. ] But it was as a lawyer that they had ' known him best, and as a lawyer that they honoured his memory that day. A j great tribute to his legal ability lay wrapped up in the law reports of New Zealand, covering a number if years. I Behind a somewhat austere mam er, those who knew him best know that there beat ; a kindly human heart. They bowed to i the majesty of King Death, whose chill , hand had stilled an intellect which came |to them but once in a generation. To ! the relatives, and especially to his widow, j Lady Sim, they, in halting terms offered i their heart-felt sympathy. I His Honor said :

I “Mr Brugh and Gentlemen of the Bar of Otago,—l feel it a privilege to bo able in this court to Join with you in paying a tribute to the memory of a man who in a very real sense I regarded in th. light not only of a friend, but actually ns an elder brother. For it was in this city and in this court that he so firmly established his reputation as a sound lawyer, and it was principally in this court that he confirmed the reputation he had iso well deserted,'and by his 1 daily work over a long course of years established his title to he remembered as | one of our greatest judges, i “ 1 was not privileged to know him I or to bo closely associated with him for so long ns some of you, but for the past four years, nearly, I have been in intimate touch with him, and have been able to observe the qualities of his well-stored i mind, his methods of work, bis habits, and his character. He was good enough ! to share my room in Wellington during 1 sittings of the Court ot Appeal, which placed me in the enjoyment of a great privilege, and I had many precious op- ' portunitics of discovering his outlook on i life.

j “ Apart from his fine mind, ..nd his j great store of legal knowledge, what I struck mo most about him was thosimj pllcity of his character ami tastes. He i was nnmarrod by the slightest trace of 1 pomposity or conceit. He hated osten- ! tation, ami shunned publicity. He liked j to push back ail'formality and go to the j heart of the matter. i 1 “ Under a somewhat austere exterior 1 beat a kind heart, and I shall uiways remember the kindly way in Which ho received and treated mo when I was first appointed a judge. I was nearly twenty years hlfi junior. 1 was only two years aid when ho was called to the Bar, and had not commenced as a law student when he was already an acknowledged leader of the Bar. But he treated me from the commencement as a brother, and was always ready to help mo and advise me in my Inexperience.

“It is not necessary for mo to say anything further than has been said as to the greatness of Sir Wllliaiu Situ as a judge, or of the value of his public service, to members of the Dunedip Bar. He was one of yourselves. You all knew him, and you must have felt instinctively that the high traditions of the Bench were always safe in his hands. “ So physically fit did ne keep himself by his simple life and regular habits that I had hoped that he would not only be able to continue his work for another two years, when be would have come to the retiring age, but that after that his bodily vigour and powers of mind would have been undiminished, and he would have been able to accept the higher honour of representing the Dominion on the Judicial Committee of the Privy Council, an honour for which he was well qualified. “That was not to be but I am sure that if the choice had been his he would have chosen no other method for his end than that which the fates decreed—that he should die in harness, in the full vigour of his intellect, doing his duty and performing his high functions to the end.

“ 1 trust that this thought will bo some comfort to those near to him who are now passing through the dark shadows of grief.”

By a typographical error in yester day’s issue it was stated that Sir William Sim was born in 1850. The cor rect date was 1858.

WIDESPREAD TRIBUTES. ATTORNEY-GENERAL'S EULOGY. AN INSPIRATION TO BENCH AND BAR. (Special to Daily Times.)

WELLINGTON, August 30. The funeral of Sir William Sim will take place at Dunedin on Saturday. Striking tributes to the late judge were paid in the Supreme Court to-day by his Honor Mr Justice MacGregor and the Attorney-general (Mr F. J. Rolleston). Associated with Mr Justice MacGregor on the Bench were his Honor Mr Justice Smith and Sir William Stringer (who has retired from the Supreme Court Bench), while there was a large gathering of members of the legal profession, including Sir John Findlay, K.C., Mr A. Fair, K.C. (the Solicitor-general), Mr A. Gray, K.C., Mr M. Myers, K.C., and the local magistrates.

“ The occasions are fortunately rare when members of the Bar are called upon to meet in circumstances as sad and as tragic as those in which we meet this morning,” said Mr Rolleston. “ The removal by death of one who no less than two days ago was occupying a scat on the Bench of this court is, I think, a tragedy which will deeply move the members of the Bar throughout the Dominion and also the members of the public. At such short notice and under the shadow of this great loss I feel myself unable to pay an adequate tribute to one who for over 20 years occupied a seat on the Bench, one who adorned the Bench of justice, and who earned

the fullest confidence and respect of all who were privileged to practice before him. Your Honors, I could wish that the task of paying a tribute to the memory of Sir William Sim were in abler hands than iftine. The life and work of the late judge, his industry, his high sense, of duty, and, above all, his passion for justice, will'be an abiding memory to members of the Bench and the Bar, and to the people of the Dominion. In the full possession of his faculties, with his vigour unabated, and his powers undimmed, he has been called to his long rest. To-day, we who have practised before him for so many years and who have learned to know and to admire him arc met together to tender through your Honors and your colleagues our sinccrest sympathy in the great loss which we know you and we have suffered.” Mr Rnlleston mentioned that he had received a letter from the former Chief Justice {Sir Robert Stout) expressing regret that through illness he was unable to be present to join in the tribute to his old partner and friend. Sir William Sim. The speaker said he hoped that the presence of the gathering and the united sympathy which it indicated would be some small consolation to the sorrowing widow and family. Mr Justice MacGregor said that they were gathered in sadness of heart to do honour to the memory of one to whom all honour was due at their hands. “ The learned judge Who has just passed away from among us had long been a tower of strength on this judicial Bench,” said his Honor. “ His place there will be hard to fill. His clear intellect, his wide knowledge of law, and his terse and lucid diction, were combined with unflagging industry and absorption in hie work. Almost literttlly he died in harness. It is to be feared, indeed, that his devotion to duty cut short a valuable life. For many weeks past it was obvious to those around him that his health was failing, but he strove to the end to do his appointed task until exhausted Nature failed. It is altogether right and fitting, accordingly, thot we should do prompt honour to his memory. I desire, therefore, in all sincerity to associate my colleagues and myself with the eloquent and kindly words that - have fallen from Mr Rolleston. For my own part, I was closely associated with Sir William Sim for more than 40 years, both in Dunedin and in Wellington, at the Bar and on the Bench I had long since learned to appreciate and admire his judicial mind, bis scholarly attainments, and his untiring industry. Of late, indeed, I knew that ho was looking forward to his early retirement—to a period of rest after labour; but it was not to be. He has been taken away from us in the full ripeness of his powers, and we shall one and all deeply feel his loss. What that loss must bo to his bereaved widow and family one can only faintly conjecture. All that we can do now is to extend to them our sincere and heartfelt sympathy in their great affliction.” The court then adjourned. The Magistrate’s Court was adjourned for an hour this morning as o mark of respect to the memory of the late judge.

IN OTHER CENTRES. ESTEEM AND SYMPATHY VOICED. !I’eu United Press Association.) AUCKLAND, August 30. Tributes to the memory of Sir William Sim were paid by the president of the Law Society and Mr Justice Reed in the Supreme Court to-day. Mr Justice Reed said that Sir William’s health of late had not been good, and one with a lees imdomitablo spirit would have given in. Lately Sir William had compiled the new Divorce Act now before Parliament, by which many inconsistencies in the present law would be removed. His books on the civil code were well known, and showed the meticulous care which he gave to everything ho took up. The flag was fiown at Imlfmast on the Supreme Court tower and on other, public buildings in Auckland. WANGANUI, August 30. Before commencing the business of the Assessment Court this morning Mr J. G. L. Hewitt, 8.M., referred to the death of Mr Justice Sim, who was born in Waugauuß Mr Hewitt said: “We all know the lawyer he was. He was also an eminent judge. Ho was n man of upright, honest Intentions, and was in every respect what a judge should be.” On behalf of the members of the Wanganui Bar Mr H. J. Treadwell extended sympathy to the widow and family of deceased. As a mark of respect the court adjourned for 10 minutes. NEW PLYMOUTH, August 30. The Taranaki District Raw Society this morning passep a resol ition placing on record its uigh appreciation of the distinguished services rendered by Sir Wiliam Sim, and convoying to Lady Sim and family its deep sympathy in their sad loss.

CHRISTCHURCH, August 30.

The Arbitration Court adjourned this morning for half an hour as a mark of respect. Mr Justice Frazer, in an impressive tribute, said: “ New Zealand has lost a sound lawyer and a great judge. Perhaps it is not too much to say that it was while he was judge of this court that his most valuable work was performed. It $8 to him that we are indebted for a series of clear, precise, and luminous judgments that have guided the court in the judicial settlement of industrial disputes.” INVERCARGILL, August 30.

Tributes were paid by Bench and Bar. The Stipendiary Magistrate (Mr G. Cruickshank) described Sir William Sim as a great lawyer. Mr J. Macalister (Crown Solicitor said he had possessed wide knowledge of human nature and sound knowledge of law. He was a judge of unsullied integrity, and not only the judiciary, but the Dominion, had suffered a severe loss. The president of the Law Society (Mr J. Tait) described him as a keen, logical thinker, an able lawyer, and an indefatigable worker.