STATESMAN PASSES

Otago Daily Times, Issue 22830, 14 March 1936, Page 14

STATESMAN PASSES

SIR FRANCIS DILLON BELL A DISTINGUISHED CAREER (Per United Press Association) WELLINGTON, March 13. The death occurred at 7 o'clock this morning of Sir Francis Henry Dillon Bell, in his eighty-fifth year. Sir Francis Bell was n son of Sir Henry Dillon Bell, who. after a brilliant parliamentary career, acted for many years as Agentgeneral for New Zealand in London—the position now denominated the High Commissionership. Sir Francis was born at Nelson on March 31, 1851, and received his education at thej Auckland Grammar School, the Otago Boys' High School, of which he was dux, 1864-68, and St. John's College, Cambridge, where he graduated B.A. in 1872. He was admitted a barrister of the Midd e Temple in 1874, and soon afterwards

returned to New Zealand and entered into law practice in Wellington, as a partner in the firm of Bell and Izard, and later of Bell, Gully and Izard. On the dissolution of the partnership he became senior partner of the firm of Messrs Bell, Gully and Myers. The name of the firm at present is Messrs Bell, Gully, Mackenzie and O'Leary. Sir Francis was appointed Crown Solicitor in 1878, and held that position until 1911. As a practising barrister he was regarded by the profession as one of its most distinguished members. When the first King's Counsellors were appointed in New Zealand, in 1907, he was one of those chosen for the honour. The Council of Law Reporting was unknown in the early days of his professional career, and the "reports of cases" by Messrs Ollivier, Bell and Fitzgerald were found exceedingly useful. The formation of the Council was promoted mainly by Messrs Bell and Fitzgerald, who filled the respective positions of treasurer and editor respectively. On many New Zealand appeals Sir Francis appeared before, the Privy Council, notably in the Midland Railway case and that relating to the Assets Board leases. At the time of the banking crisis in 1894 he appeared at the Bar of the House of Representatives on behalf of the Bank of New Zealand. From the elevation of Sir Robert Stout to the chief justiceship until he gave up court practice, Sir Francis was the acknowledged leader of the New Zealand Bar. For 17 years—--1901 till 1918—he was president of the New Zealand Law Society, retiring from that position when he succeeded Mr A. L. Herdman, now Sir A. L. Herdman, as Attorney-General. On his retirement, the profession presented him with' a valuable collection of plate and silver. When he went to England and Genoa he was presented by the Prince of Wales, on behalf of the Legislative Council with a valuable silver mounted casket at the Imperial Institute, in the presence of a large number of New Zealanders in London. In the same year, members of the House presented him with a silver punch bowl, which has often graced festive occasions at Parliament House,

From his early years Sir Francis Bell took an active interest in municipal affairs. He was Mayor of Wellington from 1891 till 1893, and again in 1897. Hie great achievement in civic affairs was the initiation of the drainage system in the city, for which purpose he was mainly instrumental in securing the passage through Parliament of a special empowering Bill, by which the city was authorised to raise £150,000 for drainage construction. He also took a fairly active part in forming companies and syndicates for carrying out works for the benefit of Wellington and New Zealand generally. Twice he sought parliamentary honours before they came to him--in 1890 ami 1892. In the general election of 1893 he was returned to the House to represent Wellington City, together with Sir Robert Stout and Mr John Duthie, but served only for the threeyears' term. When the Massey Ministry was formed in 1912 Sir Francis was uppointed to the Legielative Council, with the portfolios of Internal Affairs and Immigration, and the leadership of the Chamber. In later reconstructions of the Ministry he had charge of various periods of the Lands, Education, Justice, Stale Forests, Marine, and External Affairs Departments. He was Minister of Marine in 1921-22 and again in 1928, Minister of External Affairs from 1922 till 192(5, Attorney-general from 1918 till 192 G. lie was Acting Prime Minister in 1921, 1923, and 1925, and after the death of Mr Massey he held the office of Prime .Minister for 10 days, resigning it when the Reform Party hud selected Mr Coates as its leader. It is noteworthy that Sir Francis was the first native-born New Zealander to hold that position. While Mr Massey was absent from New Zealand in 1921, attending the Imperial Conference, Sir Francis came more into the public eye than he has done at any time since. The occasion was when the United States Government protested against the New Zealand Government's refusal ro grant Armour and Co. (N.Z.), Ltd., a license to export frozen meat. Sir Francis had to bear the brunt of the attack, and defended his Government with notable resource and controversial'skill. In the end, having stated the Dominion's cave, he referred the American Government to Downing street, whereupon the incident closed. Throughout the dispute he comported himself with admirable dignity, and doubtless increased American respect for the capability of the Government which he represented. From 192 K till ]928 he was a member of the Executive Council without portfolio, but retained the leadership of the Legislative Council. In 1915 Sir Francis Bell initiated the State Forestry Service, of which he was the first commissioner, and appointed its officers. He held the portfolio until 1922, when he resigned it i:i favour of Sir Heaton Rhodes. Meantime, the portfolio of Internal Affairs was assumed by Mr R. F. Bollard, and that of Immigration by Mr (now Sir) \V. Nosworthy. In 1922 Sir Francis filled the position of Leader of the Upper House with conspicuous ability. All through the history of the Massey Ministry he was recognised as one of its most influential members. Many people, indeed, have gone so far as to aver that he was, in regard to all important matters of legislation or Cabinet action, the real power behind the throne, greater than the Prime Minister himself. It is nuke

certain that Mr Massey relied greatly upon his skill and judgment. As to hie political views, though he would be described by his opponents as a Tory of the Tories, he was a man of very advanced opinions, and when he was first a candidate for a seat in the Houee a manifesto in which he unfolded his intentions was described by at least two Wellington newspapers as indicating a liberal programme in the best sense,of the word " liberal."

Sir Francis had a great reputation as a law draftsman. His legal knowledge was of the utmost value to him as leader of what is essentially a revising chamber, and the country Ims reaped the full benefit of it. On many occasions the Upper House, under his guidance, was able to detect flaws and anomalies in Bills as amended by the House of Representatives. Indeed, the House for several years relied in a large measure upon his legal acumen when difficulties arose in the recasting (if Bills. The same gifts were of value in conferences between the chambers upon disputed points. Sir Francis helped the Government and Parliament repeatedly to find legal expedients for overcoming difficulties of all kinds. In the true meaning of the term he was a legislator. As head of New Zealand's delegation to the third Assembly of the League of Nations in 1922, Sir Francis served the Dominion well in a new field. His appointment was attacked by the Labour Party on the ground that he was not an elected representative of the people, but he fully justified the Government's choice. Possibly owing to the influence of propagandists, the Permanent Mandates Commission of the League adversely criticised New Zealand's administration of Western Samoa and Australia's control of Nauru, on the ground that indentured Chinese labour was employed in the territories. The commission's report was widely circulated before either the Council or the Assembly of the League had been able to discuss it. Earl Balfour objected in the council, and in the assembly Sir Francis, supported by Sir James Allen and Sir Joseph Cook, head of the Australian delegation, protested that they had had no equal opportunity of reply. Sir Francis, in a well-reasoned statement, denied that the commission, which was a subsidiary body set up merely to advise the council, had any right to control New Zealand's administration of her mandate. "His Majesty, in right of his dominion of New Zealand, has accepted the mandate for Western Samoa," he said. "What His Majesty does in right of his dominion he does, on the advice of his Ministers in that dominion, not of the Ministers of Britain, and the statement which I present is one which the Government of New Zealand very respectfully, but very urgently, presents to this assembly. The New Zealand Parliament legislates for Western Samoa, and the administrator rules and administers those laws. New Zealand is under an honourable obligation to legislate and administer in accordance with the terms of the covenant of the League of Nations. She is willing and anxious to receive suggestions and advice from the Permanent Mandates Commission or the council of the League, but she cannot admit the commission's power to interpret for her the meaning of the Covenant, or to dictate what procedure New Zealand should adopt in her endeavours to perform her duties under the League." He urged that only the council or the Assembly of the League should be entitled to criticise publicly the administration of any mandate, and that the mandatory Power should have a full right of reply. "-We require to govern," he said, " and must govern to the best of our ability. We require to legislate, and must legislate in accordance with the careful exercise of our own discretion." Following this, the adverse report was drastically amended, and New Zealand's right to administer her mandated territory unhampered was firmly established. Sir Francis also represented New Zealand at the League of Nations Assembly in 1926, at the Genoa Conference in 1922, and at the Imperial Conference in 1926. Sir Francis held the position of Danish vice-consul in Wellington for a time. He took a keen interest in Masonic affairs, and early in 1885 he was elected to the position of Worshipful Grand Master, the highest office in the New Zealand constitution. For a long period he was connected with cricket, -football, amateur athletics, rowing, and racing, and at various times he held important positions in the organisations controlling these sports. The second edition of Mr Pembcr Kecves's book on New Zealand, "The Long White Cloud," in the added sketch of recent events written by Mr Cecil J. Wray, contains the following:—"ln New Zealand politics Sir Francis, as a reasoning Conservative, probably thinks that all sensible people should follow the middle of the road. As that is impossible he is a good party man who, behind a certain "■enial cynicism, conceals much real kindliness, a belief in fair play, and genuine zeal for rational government." Sir Francis- was created a Knight Commander of the Order of St. Michael and St. George in 1915, and he was raised to the rank of Knight Grand Cross of the same Order in 1923. He became a member of the Privy Council in 1926. . . ... In 1878 Sir Francis married Miss Caroline Robinson, daughter of the late Hon W. Robinson, of Cheviot, and his family comprised one son and four daughters. In 1911 his son, Mr William Henry Dillon Bell, won the Wellington Suburbs seat at the general election, and, having enlisted when the war broke out, died on active service. PRIME MINISTER'S TRIBUTE AN HONOURABLE OPPONENT (Per United Press Association) WELLINGTON, March 13. The Prime Minister (Mr M. J. Savage) in the course of a tribute to Sir Francis Bell said he had a reputation which extended beyond New Zealand. He was a frreat constitutional lawyer, and his opinions were greatly respected by tne Imperial authorities. Ah a political opponent of the party which was now the Government, Sir Francis was always a keen and strong adversary, but because he was a man who had principles and stood bv them, and because he always stuck to his work, he was an opponent, whom one could honour and respect. He must also be given credit for his support on manv matters which the Labour Party foii"ht 'for. notably in regard to housing and the Rent Restriction Acts, and in recent vears the Labour movement found in his ripe wisdom and amazing wealth or experience a generous fund of counsel. His valuable advice was always given in a friendlv and informal way. His death would be widelv mourned.