Sir Samuel James Way, 1st Baronet, (11 April 1836 – 8 January 1916) was an English-Australian jurist who served as Chief Justice of the

Supreme Court of South Australia The Supreme Court of South Australia is the superior court of the Australian state of South Australia. The Supreme Court is the highest South Australian court in the Australian court hierarchy. It has unlimited jurisdiction within the state in ...

from 18 March 1876 until 8 January 1916.

Background

Way was born in

Portsmouth Portsmouth ( ) is a port city status in the United Kingdom, city and unitary authority in Hampshire, England. Most of Portsmouth is located on Portsea Island, off the south coast of England in the Solent, making Portsmouth the only city in En ...

, England. Reverend James Way, his father, was a

clergyman Clergy are formal leaders within established religions. Their roles and functions vary in different religious traditions, but usually involve presiding over specific rituals and teaching their religion's doctrines and practices. Some of the ter ...

in the Bible Christian Church, who emigrated to

Adelaide Adelaide ( , ; ) is the list of Australian capital cities, capital and most populous city of South Australia, as well as the list of cities in Australia by population, fifth-most populous city in Australia. The name "Adelaide" may refer to ei ...

South Australia South Australia (commonly abbreviated as SA) is a States and territories of Australia, state in the southern central part of Australia. With a total land area of , it is the fourth-largest of Australia's states and territories by area, which in ...

in 1850 along with his wife and four younger children to establish a mission. Samuel, the eldest child, remained behind, studying at Shebbear College in Shebbear, a small village in

North Devon North Devon is a Non-metropolitan district, local government district in Devon, England. Its council is based just outside Barnstaple, the district's largest town. The district also includes the towns of Ilfracombe, Lynton and Lynmouth and Sout ...

, and later at a school in Chatham in

Kent Kent is a Ceremonial counties of England, ceremonial county in South East England. It is bordered by Essex across the Thames Estuary to the north, the Strait of Dover to the south-east, East Sussex to the south-west, Surrey to the west, and Gr ...

. He left England to rejoin his family at the end of 1852, arriving in

in March 1853. He was soon employed in the office of John Tuthill Bagot, at that time a

barrister A barrister is a type of lawyer in common law jurisdiction (area), jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include arguing cases in courts and tribunals, drafting legal pleadings, jurisprud ...

, and in 1856 became an

articled clerk Articled clerk is a title used in Commonwealth countries for one who is studying to be an accountant or a lawyer. In doing so, they are put under the supervision of someone already in the profession, now usually for two years, but previously three ...

to Alfred Atkinson (c. 1825 – 4 June 1861), solicitor of King William Street.

Legal and judicial career

On 25 March 1861, Way was admitted to the South Australian Bar to practice law, and when Atkinson died shortly afterwards, Way inherited his practice. Way practised as a

and quickly became a leader among the legal community, and in 1868 joined a partnership with another barrister, James Brook. In September 1871, Way was made a

Queen's Counsel A King's Counsel (Post-nominal letters, post-nominal initials KC) is a senior lawyer appointed by the monarch (or their Viceroy, viceregal representative) of some Commonwealth realms as a "Counsel learned in the law". When the reigning monarc ...

, despite having been admitted to the bar only ten years earlier. When Brook died in 1872, a young Josiah Symon joined Way as partner. Way continued to be highly successful, travelling to London to argue a number of cases before the

Judicial Committee of the Privy Council The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 August ...

. In 1874, Way was elected as a member of the council of the

University of Adelaide The University of Adelaide is a public university, public research university based in Adelaide, South Australia. Established in 1874, it is the third-oldest university in Australia. Its main campus in the Adelaide city centre includes many Sa ...

, and was also appointed to the South Australian Board of Education. In 1875, Way was elected to the

South Australian House of Assembly The House of Assembly (also known as the lower house) is one of two chambers of the Parliament of South Australia, the other being the Legislative Council. It sits in Parliament House in the state capital, Adelaide. Overview The House of Assem ...

as the member for Sturt, and on 3 June of that year joined the Boucaut government as

Attorney-General of South Australia The attorney-general of South Australia is the Cabinet minister in the Government of South Australia who is responsible for that state's system of law and justice. The attorney-general must be a qualified legal practitioner, although this wa ...

. He was only a politician for a short time, however, since in March 1876, at the age of just thirty-nine, he was appointed Chief Justice of South Australia following the death of Richard Hanson on 4 March. Since it is the role of the Attorney-General to recommend judicial candidates to the cabinet, it has been suggested that Way probably nominated himself to be Chief Justice. Way soon gained a reputation as an excellent lawyer, and it has been said that none of his decisions were ever successfully appealed to a higher court. Later in 1876 he was appointed as the

vice-chancellor A vice-chancellor (commonly called a VC) serves as the chief executive of a university in the United Kingdom, New Zealand, Australia, Nepal, India, Bangladesh, Malaysia, Nigeria, Pakistan, Sri Lanka, South Africa, Kenya, other Commonwealth of Nati ...

of the University of Adelaide, and in 1883 became the

chancellor Chancellor () is a title of various official positions in the governments of many countries. The original chancellors were the of Roman courts of justice—ushers, who sat at the (lattice work screens) of a basilica (court hall), which separa ...

, a position he would hold until his death. J150W-statue-Way

In 1877, Way was called upon to act as acting

Governor of South Australia The governor of South Australia is the representative in South Australia of the monarch, currently King Charles III. The governor performs the same constitutional and ceremonial functions at the state level as does the governor-general of Aust ...

. In January 1891 he was appointed to the position of Lieutenant-Governor of South Australia, a position subordinate to the state Governor. In January 1897, Way became the first Australian to be appointed to the

. In 1899 he was created a Baronet, of Montefiore,

North Adelaide North Adelaide is a predominantly residential precinct (Australia), precinct and suburb of the City of Adelaide in South Australia, situated north of the River Torrens and within the Adelaide Park Lands. Laid out in a grid plan in three section ...

, and Kadlunga Mintaro, both in the Colony of

. In 1902, when Lord Tennyson vacated the role of

to assume the role of Governor-General of Australia, Way was commissioned as Administrator of South Australia, and remained in that role until 1903. In October 1905, it was Way who publicly pronounced that

Catherine Helen Spence Catherine Helen Spence (31 October 1825 – 3 April 1910) was a Scottish-born Australian author, teacher, journalist, politician, leading suffragist, and Georgist. Spence was also a minister of religion and social worker, and supporter of el ...

, writer and suffragist, social worker and feminist was the most distinguished woman in Australia. Way was a Freemason and Grand Master of the Grand Lodge of South Australia and Northern Territory from 1884 to 1916, apart from the period 1889–95 when the position was occupied by the Governor, the Earl of Kintore.

Personal life

Way married Mrs. Katherine Gollan Blue (née Gordon) on 11 April 1898. She was the widow of Dr. William Archibald Sinclair Blue (died 18 September 1896) of Strathalbyn. The time and whereabouts of the wedding, which was the subject of great public interest, were a closely kept secret until well after the event. Montefiore North Adelaide Eastern View 1890

Montefiore North Adelaide Eastern View 1890

Way became ill in 1914, and was diagnosed with

cancer Cancer is a group of diseases involving Cell growth#Disorders, abnormal cell growth with the potential to Invasion (cancer), invade or Metastasis, spread to other parts of the body. These contrast with benign tumors, which do not spread. Po ...

. He travelled to

Sydney Sydney is the capital city of the States and territories of Australia, state of New South Wales and the List of cities in Australia by population, most populous city in Australia. Located on Australia's east coast, the metropolis surrounds Syd ...

to have his arm amputated, in an attempt to delay the cancer. The operation failed to prevent his health from deteriorating, but he continued his work as Chief Justice until December 1915. He died early the following year in

Recognition

The baronetcy became extinct on his death. The geological feature Mount Sir Samuel and the town of Sir Samuel in the Goldfields region of

Western Australia Western Australia (WA) is the westernmost state of Australia. It is bounded by the Indian Ocean to the north and west, the Southern Ocean to the south, the Northern Territory to the north-east, and South Australia to the south-east. Western Aust ...

were named after him. A statue was unveiled on 17 November 1924, located on

North Terrace, Adelaide North Terrace is one of the four terraces that bound the central business and residential district of Adelaide, the capital city of South Australia. It runs east–west along the northern edge of "the square mile". The western end con ...

, in front of the

. The Sir Samuel Way Building on

Victoria Square, Adelaide Victoria Square, also known as Tarntanyangga (formerly ''Tarndanyangga'', ), is the central square of five public squares in the Adelaide city centre, South Australia. It is one of six squares designed by the founder of Adelaide, Colonel Willia ...

, was originally a major retail outlet for Charles Moore and Co. In 1983 it was sold to the state government and was named after him.

References

Bibliography

* Hannan, A. J., C. M. G., Q. C., ''The Life of Chief Justice Way'', Angus and Robertson, Sydney, 1960. * Emerson, Dr. John, ''First Among Equals'', University of Adelaide Barr Smith Press, Adelaide, 2004, pp 11–56. , - {{DEFAULTSORT:Way, Samuel 1836 births 1916 deaths Chief justices of South Australia People educated at Shebbear College Australian King's Counsel Baronets in the Baronetage of the United Kingdom Australian members of the Privy Council of the United Kingdom Lawyers from Adelaide Vice-chancellors of the University of Adelaide Chancellors of the University of Adelaide Australian recipients of a British baronetcy Colony of South Australia judges Attorneys-general of South Australia Lieutenant-governors of South Australia Members of the South Australian House of Assembly Members of the Judicial Committee of the Privy Council English emigrants to colonial Australia Judges of the Supreme Court of South Australia 20th-century Australian judges 19th-century Australian judges Australian book and manuscript collectors Australian Freemasons People from Portsmouth