SIR WILLIAM SIM.

Otago Witness, Issue 3886, 4 September 1928, Page 23

SIR WILLIAM SIM.

PASSING OF DISTINGUISHED JUDGE. News of the death of Sir William Sim, perhaps the best known of the present members of the judicial Bench in the Dominionjg»which occurred in Wellington on Wednesday night with startling suddenness will be received with a shock bj the community generally and by members of the legal profession in particular. During the illnes of Sir Charles Skeirett, Mr Justice Sim' in the capacity of acting Chief Justice, has been presiding over the sessions of the Supreme Court in Wellington, and his presence in that city when he was overtaken by death was in fulfilment of the duties pertaining to hi 3 temporary office. Prior to his departure for Wellington recently to act in the stead of the Chief Justice, Sir William Sim found it necessary to obtain medical advice, and it was then ascertained that he was suffering from a valvular affection of the heart; but the trouble was not regarded as being of a serious nature. During his stay in M ellington Sir William Sim had not felt well, and it was on this account that his intention to leave the northern city for Dunedin on Wednesday” night was abandoned after his plans had been made. Sir William Alexander Sim was born at Wanganui in 1858. He received his education at the Wanganui Grammar School, and in 1872 he was articled to Mt Charles Holmes Borlase. Completing the whole' of his law examinations by the early age of 19 years, he came to Dunedin in 1878 and a year later he was admitted as a barrister of the Supreme Court by Mr Justice Williams. After serving in several law offices he became a member of the firm of Messrs Stout, Mondy, and Sim, and was in practice in Dunedin until 1907. Sir William Sim wa 3 chairman of the first Conciliation Board that was set up in Otago under the Industrial Conciliation and Arbitration Act —a conciliation board that was generally regarded as a pattern for all the other boards in New Zealand. In 1907 he was appointed judge of the Arbitration Court, and two years later he became a temporary judge of the Supreme Court, the appointment being made permanent in 1911. At the end of 1913, when Sir -Joshua Williams retired, he undertook the work of the judicial districts of Otago and Southland, and he retained this position until his death. From 1923 to 1925 he occupied the post of president of the Taxation Commission, which carried out an exhaustive investigation of the incidence of taxation in the Dominion, and presented a voluminous report. In 1924 Sir William Sim received the ■well-merited honour of knighthood. Despite the onerous nature of his duties on the Bench, Sir William Sim found time to take an active part in many public activities. With the late Dr Brown he was one of the founders of the Cremation Society, of which he later became president; he was a trustee of the Dunedin Art Gallery Society and, in addition to being chairman of the Prisons Board, he took a keen interest in the work of the Patients and Prisoners’ Aid Society. As a barrister he was noted for the ability and thoroughness with which he handled any case in which he was engaged, and he was recognised by his colleagues as one of the foremost authorities on law of his time. Perhaps the most notable case in which he took part as a barrister was that of Mills v. Isaac, in 1903, in which he was associated with Sir Frederick Chapman and the late Sir John Hosking. What is generally considered one of his greatest triumphs on the judicial Bench was his vindication by the Privy Council of the House of ’Lords in respect to his judgment in the well-remembered case of the Crown v. Distributors, Ltd. Sir William Sim is survived by his widow, three sons (one of whom is Mr J. A. Sim, solicitor, of this city) and a daughter. TRIBUTES BY BENCH AND BAR. There was a large gathering of members of the Otago Bar at the Supreme Court on Thursday 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 I 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 the members of the Bar in this district, under the presidency of Sir William, had met to pay a tribute to the memory of Sir John Hosking, a former colleague of Sir William,u both on the 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 district. It was* quite unnecessary for him to refer to the great many activities which the deceased had undertaken when he had been a distinguished and brilliant leader of their Bar. Suffice it fop him to say in passing that there had been giants in those days, and his success a 3 a judge had followed automatically upon his success as a barrister. Three months ago, in paying tribute to the memory to his old friend. Sir William had stated that when a learned man died 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 couid 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 great tribute to his legal ability lay wrapped up in the law reports of New Zealand, covering a number of years. Behind a somewhat austere mam er, "those who knew him best knew that there beat a kindly human heart. They bowed ■to the majesty of King Death, whose chill hand had stilled an intellect which came to them but once in a generation. To th e relatives, and especially to his widow. Lady Sim, they, in halting terms offered their heart-felt sympathy. His Honor said :— “Mr Brugh and Gentlemen of the Bar of Otago,—l feel it a privilege to be 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 as an elder brother.. For it was in this eity and in this court chat he so firmly established his reputation as a sound lawyer, and it was principally in this court that, the reputation he had so well deserved, and by his daily work over a long course of years established his title to be remembered as one of our greatest judges. “ I was not privileged to know him or to be closely associated with him for so long as 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 mind, his methods of work, his habits, and his character. He was good enough to share my‘room-in Wellington during sittings of the Court of Appeal, which placed me in the enjoyment of a great privilege, and I had many precious opportunities of discovering his outlook on life. “ Apart from his fine mind, and his great store of legal knowledge, what struck me most about him was the simplicity of his character and tastes. He was unmarred by the slightest trace of pomposity or conceit. He hated ostentation, and shunned publicity. He liked to push back all formality and go to the heart of the matter.

| “ Under a somewhat austere exterior beat a kind heart, and I shall always remember the kindly way in which he received and treated me when I was first appointed a judge. I was nearly twenty years his junior; I was only two years old when he 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 me and advise me in my inexperience. “It is not necessary for me to say anything further than has been said as to the greatness of Sir William Sim as a judge, or of the value of his public service, to members of the Dunedin 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 he 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 he 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.

“ I trust that this thought will be some comfort to those near to him who are now passing through the dark shadows of grief.” WIDESPREAD TRIBUTES. ATTORNEY-GENERAL’S EULOGY. 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 e 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 wlien 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 mine. The life and work of the late judge, his industry, his high sense of duty, and, above ail, his passion for justice" will be an abiding memory to members of the Bench a-nfi 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 are met together to tender through your Honors and your colleagues our sincerest sympathy in the great loss which we know you and we have suffered.” Mr Rolleston 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 his work. Almost literally 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, that 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, his scholarly attainments, and his untiring industry. Of late, indeed, I knew that he 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 be 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 a mark of respect to the memory of the late judge. IN OTHER CENTRES. ESTEEM AND SYMPATHY VOICED. 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 less imdomitable spirit would have given in. Lately Sir Wil liam 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 he took up. The flag was flown at halfmast 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, S.M., referred to the death of Mr Justice Sim, who was born in Wanganui. Mr Hewitt said.; “We all know the lawyer he was. He was also an eminent judge. He was a 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 Law Society this morning passejl a resolution placing on

record its high appreciation of the distinguished services rendered by Sir Wiliam Sim, and conveying 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 is to him that we are inc.ebted 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 lie had possessed wide knowledge of human nature and sound knowledge of law. He was 1 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. TRIBUTE BY MR JUSTICE ADAMS. AN ORNAMENT TO THE PROFESSION. CHRISTCHURCH, August 31. Bench and Bar in the Supreme Court to-day paid tributes to Sir William Sim.

Mr K. Neave (president of the Canterbury Law Society) said: “As one who seldom practises in the courts I fell that I am personally unfitted to express, in adequate words, the heavy, almost irreparable, loss that the profession has suffered.”

Mr Justice Adams said: “It was my privilege to become acquainted with him almost 50 years ago, when he went to Dunedin to begin that career during which he earned the respect and admiration of every person of discernment in the Dominion, and covered himself with honour. For upwards of 20 years from 1883, when I was admitted to the Bar, I was in constant association with him. At the Bar he showed a fine appreciation of the honourable traditions of the profession to which he was so great an ornament. His courage, honour, and integrity were equalled only by his knowledge and skill as an advocate. His first desire frorii his earliest days was, I think, not to acquire wealth, so much as to advance and assist in the administration of the great principles of justice. When he left the Bar and accepted appointment as judge president of the Arbitration Court he acted in line with his leanings in connection with social questions. Every occasion of my meeting with him gave fresh emphasis to my impressions of earlier years. .He was a diligent student, a great reader, a man of great courage, high principles, and a profound knowledge of law, and possessed a keen analytical mind. During his earlier days he gave of his best to his clients, and in his later years he brought the same thoroughness to bear on the discharge of the high offices which he held.

FUNERAL AT ANDERSON’S BAY. The very high respect and esteem in which Sir William Sim, senior judge of the Supreme Court in New Zealand, was held was ; rongly evidenced by the large number who attended his funeral on Saturday afternoon. Long before the time had arrived for the procession to leave the family residence, Waimoko, Musselburgh Rise, for Anderson’s Bay’ Cemetery, both sides of the Anderson’s Bay ad were lined with motor cars for a considerable distance. The burial service was conducted in the house by the Rev. A. Wingfield, at which the family and more intimate friends of the deceased gentleman were present, and the cortege was then formed, the pall bearers being Mr W. J. Sim (of Christchurch), and Mr J. A. Sim (sons of the late judge), Mr A. N. Haggitt (at one time judges’ associate), Mr Brian Haggitt (a later associate), Mr W. R. Brugh (president of the Dunedin Law Society), and Mr A. C. Hanlon. There were considerably over 50 motor cars in the procession, and each had its full complement of passengers. Amongst those following were Mr J. R. Bartholomew, S.M., Mr H. W. Bundle, S.M., Mr J. 0. Stephens, Mr Douglas Ramsay, Mr J. Al. Gallaway, Air Garth Gallaway, Mr J. B. Callan, Mr J. Al. Paterson, Mr A. H. Tonkinson, Mr J. S. ' Sinclair, Mr H. L. Cook, Mr W. G. Hay, Mr H. Baron, Air E. A. Duncan, Air E. J. Anderson, Air P. S. Anders son, Mr E. J. Smith, Air H. S. Adams, Mr R. R. Aspinall, and many others connected with the legal profession. There were also present Sir John Roberts, Sir Lindo Ferguson, and other representatives of the medical profession, the Mayor (Air W. B. Taverner), city councillors, and the town clerk, the chairman of the Harbour Board (Mr H. E. Afoller), Sir George Fenwick, Alessrs D. E. Theomin, G. L. Denniston, J. Loudon, E. I. Halsted, W. O. Al'Kellar, ' W. J. Bardsley, P. R. Sargood, E. Price, J. Hutchinson, W. F. Alexander. W. Cutten, F. Cutten, E. H. Hart, F. Oldham, A. Smaill, and R. H. Neilson. The Christchurch Law Society

was represented by Alessrs C. S. Thomas, H. C. D. Van Asch, and R. H. Livingstone. There was scarcely a public body or institution unrepresented. The commercial community of the city was also very strongly represented, many of the more prominent merchants having a place in the procession when it left the deceased’s residence for the crematorium at the Anderson’s Bay Cemetery Beautiful wreaths were sent to the residence of the deceased by the followlowing: —Sir Lindo and Lady Ferguson, Sir Heaton and Lady Rhodes, Air and Mrs Garth Gallaway, the committee and members of the Femhill Club, Air W. D. Hunt (Wellington), Sir Charles ami Aliss Skerrett, Air and Airs E. Reynolds, the president and council of the Dunedin Art Society, Air and Airs George T. Weston (Christchurch), Airs A. B. Haggitt, Miss Haggitt, and Air Nigel Haggitt, Sir Charles and Lady Statham. Air and Airs P. R. Sargood, Airs B. C. Haggitt, the old Wanganui School Students, the staff of Duncan, Cotterill, and Co. (Christchurch), the Canterbury District Law Society, the Stipendiary Magistrates (Wellington), Mr and Mrs Douglas Ramsay, Sir Joseph Ward, Airs Keith Ramsay, Alisses Ramsay (2), staff of the Court of Appeal, Lady Williams and Aliss Williams, the New Zealand Law Society, the Otago District ~ Law Society, Air and Airs I. K. Sidey, the Wellington District Law Society, the Palmerston North Law Society, Air Lockhart Fitzherbert, Sir Walter and Lady Stringer, Air Justice and Airs AlacGregor, Air and H. J. Hill (Christchurch), Duncan, Cotterill, and Co. (Christchurch), Air A. F. Wright (Christchurch), Leicester Matson and sons (Christchurch), the Society for the Protection of Women and Children, Judge and Airs Reed, Air R R. Aspinall and staff, Mr T. ShailerWeston, the presidents of the New Zealand Employers’ Federation, the Victoria League (Dunedin), the Victoria League (Wellington), Air and Airs A.-N. Haa. gitt> Mrs J. Al. Gallaway, the executive ot the Employers’ Association, Airs Bennett (Wellington), Air and Airs J. B. Callan, the Auckland District Law Society, the directors and management of the Union Steam Ship Company, Air and Airs D. A. Aiken (Wellington) the Magistrate’s Court staff, Dr and Airs Marshall Macdonald, Sir Robert and Lady Stout, the Otago Chess Club, the directors of Whitcombe and Tombs (Christchurch), the staff of the law office of Aloore, Aloore, and Nichol, the Taranaki District Law Society, the staff of the Supreme Court (Dunedin), Air and Airs Al. Alyers (Wellington), the Hawke s Bay Law Society, and Misses O. and W. Mason. RESOLUTIONS OF SYMPATHY. At last week s meeting of the Harbour Board a tribute was paid to the memory of Sir William Sim, who had at one time been one of the -board’s solicitors. It was resolved to forward a letter of sympathy to his family. At a special meeting of the Otago A. and P. Society on Friday afternoon Air W. O. M'Kellar (the president) referred to the sudden death of Sir William Sim, acting -Chief Justice, and moved: “ That this meeting places on record its regret at the sudden death of Sir William Sim, acting Chief Justice, and expresses its high appreciation of the many valuable services he has rendered to this Dominion—first, as a leading barrister, then as a member of a notable firm of solicitors, and finally his distinguished services as a judge. The meeting also desires to extend its sincere sympathies -to Lady Sim and family in their bereavement.”