Robert Garran
   HOME

TheInfoList



OR:

Sir Robert Randolph Garran (10 February 1867 – 11 January 1957) was an Australian lawyer who became "Australia's first public servant" – the first
federal government A federation (also known as a federal state) is a political entity characterized by a union of partially self-governing provinces, states, or other regions under a central federal government (federalism). In a federation, the self-govern ...
employee after the federation of the Australian colonies. He served as the
departmental secretary In Australia, a departmental secretary is the most senior public servant of an Australian Government or state government department. They are typically responsible for the day-to-day actions of a department. Role A departmental secreta ...
of the Attorney-General's Department from 1901 to 1932, and after 1916 also held the position of
Solicitor-General of Australia The Solicitor-General of Australia is the country's second highest-ranking law officer, after the Attorney-General for Australia. The position is often known as the Commonwealth Solicitor-General in order to distinguish it from the state solicit ...
. Garran was born in Sydney, the son of the journalist and politician Andrew Garran. He studied arts and law at the
University of Sydney The University of Sydney (USYD), also known as Sydney University, or informally Sydney Uni, is a public university, public research university located in Sydney, Australia. Founded in 1850, it is the oldest university in Australia and is one o ...
and was called to the bar in 1891. Garran was a keen supporter of the federation movement, and became acquainted with leading federalists like
George Reid Sir George Houston Reid, (25 February 1845 – 12 September 1918) was an Australian politician who led the Reid Government as the fourth Prime Minister of Australia from 1904 to 1905, having previously been Premier of New South Wales f ...
and Edmund Barton. At the 1897–98 constitutional convention he served as secretary of the drafting committee. On 1 January 1901, Garran was chosen by Barton's
caretaker government A caretaker government is a temporary ''ad hoc'' government that performs some governmental duties and functions in a country until a regular government is elected or formed. Depending on specific practice, it usually consists of either randomly se ...
as its first employee; for a brief period, he was the only member of the Commonwealth Public Service. His first duty was to write the inaugural edition of the '' Commonwealth Gazette'', which contained
Queen Victoria Victoria (Alexandrina Victoria; 24 May 1819 – 22 January 1901) was Queen of the United Kingdom of Great Britain and Ireland from 20 June 1837 until her death in 1901. Her reign of 63 years and 216 days was longer than that of any previ ...
's proclamation authorising the creation of a federal government. Over the following three decades, Garran provided legal advice to ten different prime ministers, from Barton to Joseph Lyons. He was considered an early expert in
Australian constitutional law Australian constitutional law is the area of the law of Australia relating to the interpretation and application of the Constitution of Australia. Several major doctrines of Australian constitutional law have developed. Background Constituti ...
, and with John Quick published an annotated edition of the
constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these princip ...
that became a standard reference work. Garran developed a close relationship with
Billy Hughes William Morris Hughes (25 September 1862 – 28 October 1952) was an Australian politician who served as the seventh prime minister of Australia, in office from 1915 to 1923. He is best known for leading the country Military history of Austra ...
during World War I, and accompanied him to the Imperial War Cabinet and the
Paris Peace Conference Agreements and declarations resulting from meetings in Paris include: Listed by name Paris Accords may refer to: * Paris Accords, the agreements reached at the end of the London and Paris Conferences in 1954 concerning the post-war status of Germ ...
. Hughes, who was simultaneously prime minister and
attorney-general In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...
, appointed him to the new position of solicitor-general and delegated numerous powers and responsibilities to him. He was knighted three times for his service to the Commonwealth, in 1917, in 1920 and in 1937. In addition to his professional work, Garran was also an important figure in the development of the city of Canberra during its early years. He was one of the first public servants to relocate there after it replaced
Melbourne Melbourne ( ; Boonwurrung/ Woiwurrung: ''Narrm'' or ''Naarm'') is the capital and most populous city of the Australian state of Victoria, and the second-most populous city in both Australia and Oceania. Its name generally refers to a me ...
as the capital in 1927. He founded several important cultural associations, organised the creation of the Canberra University College, and later contributed to the establishment of the
Australian National University The Australian National University (ANU) is a public research university located in Canberra, the capital of Australia. Its main campus in Acton encompasses seven teaching and research colleges, in addition to several national academies and ...
. Garran published at least eight books and many journal articles throughout his lifetime, covering such topics as constitutional law, the history of
federalism Federalism is a combined or compound mode of government that combines a general government (the central or "federal" government) with regional governments (provincial, state, cantonal, territorial, or other sub-unit governments) in a single po ...
in Australia, and German-language poetry. He was granted a
state funeral A state funeral is a public funeral ceremony, observing the strict rules of Etiquette, protocol, held to honour people of national significance. State funerals usually include much pomp and ceremony as well as religious overtones and distinctive ...
upon his death in 1957, the first federal public servant to receive one.


Early life

Garran was born in Sydney,
New South Wales ) , nickname = , image_map = New South Wales in Australia.svg , map_caption = Location of New South Wales in AustraliaCoordinates: , subdivision_type = Country , subdivision_name = Australia , established_title = Before federation , es ...
, the only son (among seven children) of journalist and politician Andrew Garran and his wife Mary Isham. His parents were committed to
social justice Social justice is justice in terms of the distribution of wealth, Equal opportunity, opportunities, and Social privilege, privileges within a society. In Western Civilization, Western and Culture of Asia, Asian cultures, the concept of social ...
, Mary campaigning for issues such as the promotion of education for women, and Andrew advocating free trade and
Federation A federation (also known as a federal state) is a political entity characterized by a union of partially self-governing provinces, states, or other regions under a central federal government (federalism). In a federation, the self-govern ...
, and as editor of ''
The Sydney Morning Herald ''The Sydney Morning Herald'' (''SMH'') is a daily compact newspaper published in Sydney, New South Wales, Australia, and owned by Nine. Founded in 1831 as the ''Sydney Herald'', the ''Herald'' is the oldest continuously published newspaper ...
'' and later promoting them as a member of the
New South Wales Legislative Council The New South Wales Legislative Council, often referred to as the upper house, is one of the two chambers of the parliament of the Australian state of New South Wales. The other is the Legislative Assembly. Both sit at Parliament House in t ...
. The family lived in
Phillip Street Phillip Street is a street in the central business district of Sydney in New South Wales, Australia. While the street runs from King Street in the south to Circular Quay in the north, the present street is effectively in two sections, separ ...
in central Sydney. Garran's mother "had a deep distrust, well justified in those days, of milkman's milk" and so she kept a cow in the backyard, which would walk on its own to The Domain each day to graze and return twice a day to be milked. The Garrans later lived in the suburb of Darlinghurst, just to the east of the centre of the city. Garran attended Sydney Grammar School from the age of ten, starting in 1877. He was a successful student, and became School Captain in 1884. He then studied arts and law at the
University of Sydney The University of Sydney (USYD), also known as Sydney University, or informally Sydney Uni, is a public university, public research university located in Sydney, Australia. Founded in 1850, it is the oldest university in Australia and is one o ...
, where he was awarded
scholarship A scholarship is a form of financial aid awarded to students for further education. Generally, scholarships are awarded based on a set of criteria such as academic merit, diversity and inclusion, athletic skill, and financial need. Scholarsh ...
s for classics, mathematics and general academic ability. Garran graduated with a Bachelor of Arts degree in 1888 and subsequently won the University's Medal in Philosophy when he was conferred with a Master of Arts with first-class honours in 1899. After graduating, Garran began to study for the Bar examination. He was employed for a year with a firm of Sydney solicitors, and in 1890 served as associate to Justice William Charles Windeyer of the
Supreme Court of New South Wales The Supreme Court of New South Wales is the highest state court of the Australian State of New South Wales. It has unlimited jurisdiction within the state in civil matters, and hears the most serious criminal matters. Whilst the Supreme Court ...
. Windeyer had a reputation for being a harsh and inflexible judge, particularly in criminal cases, where he was said to have "a rigorous and unrelenting sense of the retribution that he believed criminal justice demanded, nda sympathy verging on the emotional for the victims of crime." Garran however offered a different view, saying that "those who knew him well knew that under a brusque exterior he was the kindest of men", and his reputation had to some degree been created by misrepresentation. In 1891, Garran was admitted to the New South Wales Bar, where he commenced practice as a barrister, primarily working in equity.


Federation movement

Garran, like his father, was strongly involved in the Australian Federation movement, the movement which sought to unite the
British colonies A Crown colony or royal colony was a colony administered by The Crown within the British Empire. There was usually a Governor, appointed by the British monarch on the advice of the UK Government, with or without the assistance of a local Counc ...
in Australia (and, in early proposals, New Zealand) into one federated
country A country is a distinct part of the world, such as a state, nation, or other political entity. It may be a sovereign state or make up one part of a larger state. For example, the country of Japan is an independent, sovereign state, whil ...
. The first
Constitutional Convention Constitutional convention may refer to: * Constitutional convention (political custom), an informal and uncodified procedural agreement *Constitutional convention (political meeting), a meeting of delegates to adopt a new constitution or revise an e ...
was held in 1891 in the chamber of the Legislative Council of New South Wales in
Macquarie Street, Sydney Macquarie Street is a street in the central business district of Sydney in New South Wales, Australia. Macquarie Street extends from Hyde Park at its southern end to the Sydney Opera House at its northern end. Apart from connecting these t ...
, around the corner from Garran's chambers in Phillip Street; Garran regularly attended and sat in the public gallery to see "history... in the making under my very eyes." Garran later recalled with approval that the 1891 convention was the first with the courage to face the "lion in the path", the issue of customs duties and
tariff A tariff is a tax imposed by the government of a country or by a supranational union on imports or exports of goods. Besides being a source of revenue for the government, import duties can also be a form of regulation of foreign trade and p ...
s, which had previously divided states such as Victoria, who were in favour of
protectionism Protectionism, sometimes referred to as trade protectionism, is the economic policy of restricting imports from other countries through methods such as tariffs on imported goods, import quotas, and a variety of other government regulation ...
, and states such as New South Wales, who were in favour of
free trade Free trade is a trade policy that does not restrict imports or exports. It can also be understood as the free market idea applied to international trade. In government, free trade is predominantly advocated by political parties that hold ...
. In Garran's view a clause proposed at the convention, which allowed for tariffs against international trade while ensuring free trade domestically (the predecessor to the final section 92 of the Constitution of Australia), "expressed the terms on which New South Wales was prepared to face the lion." On joining the bar soon became involved with Edmund Barton Q.C., later the first Prime Minister of Australia, and the ''
de facto ''De facto'' ( ; , "in fact") describes practices that exist in reality, whether or not they are officially recognized by laws or other formal norms. It is commonly used to refer to what happens in practice, in contrast with '' de jure'' ("by l ...
'' leader of the federation movement in New South Wales. Garran, along with others such as Atlee Hunt, worked essentially as secretaries to Barton's federation campaign, drafting correspondence and planning meetings. At one late night meeting, planning a speech Barton was to give in the Sydney suburb of
Ashfield Ashfield may refer to: People * Ashfield (surname) Places Australia * Ashfield, New South Wales, a suburb of Sydney ** Municipality of Ashfield, a former local government area in Sydney ** Electoral district of Ashfield, a former electoral dist ...
, Barton expressed the phrase "For the first time, we have a nation for a continent, and a continent for a nation"; Garran later claimed that the now famous phrase "would have been unrecorded if I had not happened to jot it down." In June 1893, when Barton's
Australasian Federal League Australasian is the adjectival form of Australasia, a geographical region including Australia, New Zealand, and New Guinea. Australasian may also refer to: Institutions Commercial * Australasian Correctional Management, private company running p ...
was formed at a meeting in the Sydney Town Hall, Garran joined immediately and was made a member of the executive committee. He was one of the League's four delegates to the 1893
Corowa Conference The Corowa Conference was a meeting of Federationists, held in 1893 in the New South Wales border town of Corowa, which debated the proposed federation of Australian colonies. Although patchily attended and without any immediate consequence, th ...
and a League delegate to the 1896 "People's Convention", or Bathurst Conference, a conference attended by Barton, Reid, League members , the Australian Natives' Association (mainly Victorian) and other pro-federation groups. At Corowa he was part of an impromptu group organised by John Quick which drafted a resolution, passed at the Conference, calling for a directly elected Constitutional Convention to be charged with drafting the Bill for the Constitution of Australia. The proposal, which came to be known as the Corowa Plan, was later accepted at the 1895 Premiers' Conference and formed the basis for the federation process over the following five years. In 1897, Garran published ''The Coming Commonwealth'', an influential book on the history of the Federation movement and the debate over the 1891 draft of the Constitution of Australia. The book was based on material he prepared for a course on
federalism Federalism is a combined or compound mode of government that combines a general government (the central or "federal" government) with regional governments (provincial, state, cantonal, territorial, or other sub-unit governments) in a single po ...
and federal systems of government, which he had planned to give at the University of Sydney, but which failed to attract a sufficient number of students. Nevertheless, the book was both unique and popular, as one of the few books on the topic at the time, with the first edition quickly selling out. Soon after its publication the
Premier of New South Wales The premier of New South Wales is the head of government in the state of New South Wales ) , nickname = , image_map = New South Wales in Australia.svg , map_caption = Location of New South Wales in AustraliaCoordinates: , subdivision_ ...
George Reid Sir George Houston Reid, (25 February 1845 – 12 September 1918) was an Australian politician who led the Reid Government as the fourth Prime Minister of Australia from 1904 to 1905, having previously been Premier of New South Wales f ...
, who had been elected as a New South Wales delegate to the 1897–1898 Constitutional Convention, invited Garran to be his secretary. At the Convention, Reid appointed him secretary of the Drafting Committee, at Barton's request; he was also a member of the Press Committee. Garran recorded in a letter to his family during the convention's
Melbourne Melbourne ( ; Boonwurrung/ Woiwurrung: ''Narrm'' or ''Naarm'') is the capital and most populous city of the Australian state of Victoria, and the second-most populous city in both Australia and Oceania. Its name generally refers to a me ...
sitting that:
The committee professes to find me very useful in unravelling the conundrums sent down by the finance committee... The last two nights I have found the drafting committee fagged iredand despairing, and now they have pitched the conundrums at me and gone out for a smoke; and then I worked out
algebra Algebra () is one of the areas of mathematics, broad areas of mathematics. Roughly speaking, algebra is the study of mathematical symbols and the rules for manipulating these symbols in formulas; it is a unifying thread of almost all of mathem ...
ic formulas to clear the thing up, drafted clauses accordingly, and when the committee returned we had plain sailing.
Garran joked that the long work of the drafting committee breached the '' Factory Acts'', the group (primarily Barton, Richard O'Connor, John Downer and Garran) often working late into the night preparing drafts for the convention to consider and debate the next morning. On the evening before the convention's last day, Barton had gone to bed exhausted in the small hours, Garran and Charles Gavan Duffy finishing the final schedule of amendments at breakfast time. The convention concluded successfully, approving a final draft which ultimately, aside from a small amendment arranged at the last minute in
London London is the capital and List of urban areas in the United Kingdom, largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary dow ...
, became the Constitution of Australia. Throughout 1898, following the completion of the proposed Constitution, Garran participated in the campaign promoting Federation leading up to the referendums at which the people of the colonies voted whether or not to approve the Constitution. He contributed a daily column to the '' Evening News'', and had humorous poems critiquing opponents of federation published in ''
The Bulletin Bulletin or The Bulletin may refer to: Periodicals (newspapers, magazines, journals) * Bulletin (online newspaper), a Swedish online newspaper * ''The Bulletin'' (Australian periodical), an Australian magazine (1880–2008) ** Bulletin Debate, ...
''. The following year, he began working with Quick on the ''Annotated Constitution of the Australian Commonwealth'', a reference work on the Constitution including a history, and detailed discussion of each section analysing its meaning and its development at the Conventions. Published in 1901, the ''Annotated Constitution'', commonly referred to simply as "Quick & Garran", soon became the standard work on the Constitution and is still regarded as one of the most important works on the subject.


Public service

On the day that Federation was completed and Australia created, 1 January 1901, Garran, feeling like " a junior barrister suddenly promoted to the final court of appeal", was appointed secretary and Permanent Head of the Attorney-General's Department by the first
Attorney-General of Australia The Attorney-GeneralThe title is officially "Attorney-General". For the purposes of distinguishing the office from other attorneys-general, and in accordance with usual practice in the United Kingdom and other common law jurisdictions, the Aust ...
, Alfred Deakin. Garran was the first, and for a time the only, public servant employed by the Government of Australia. Garran later said of this time that:
I was not only the head
f the department F, or f, is the sixth Letter (alphabet), letter in the Latin alphabet, used in the English alphabet, modern English alphabet, the alphabets of other western European languages and others worldwide. Its name in English is English alphabet#Let ...
but the tail. I was my own clerk and messenger. My first duty was to write out with my own hand Commonwealth Gazette No. 1 proclaiming the establishment of the Commonwealth and the appointment of ministers of state, and to send myself down with it to the government printer.
In this role, Garran was responsible for organising the first federal election in March 1901, and for organising the transfer of various government departments from the states to the federal government, including the
Department of Defence Department of Defence or Department of Defense may refer to: Current departments of defence * Department of Defence (Australia) * Department of National Defence (Canada) * Department of Defence (Ireland) * Department of National Defense (Philippin ...
, the postal and
telegraph Telegraphy is the long-distance transmission of messages where the sender uses symbolic codes, known to the recipient, rather than a physical exchange of an object bearing the message. Thus flag semaphore is a method of telegraphy, whereas ...
ic services (now part of the Department of Communications, Information Technology and the Arts) and the Department of Trade and Customs (now part of the Department of Foreign Affairs and Trade). As parliamentary drafter, Garran also developed legislation to administer those new departments and other important legislation. As head of the Attorney General's department, Garran was also responsible for advice on the consistency of legislation with the Constitution, including the ''Commonwealth Franchise Act 1902'' which by disenfranchising Aboriginals appeared to offend the Constitution's Section 41, which guaranteed the right to vote federally of anyone entitled to vote in a state. Garran advised that the Section could be neutered by interpreting it as no more than a grandfather clause of the right to vote of existing Aboriginal voters. The Act also conferred the right to vote on women federally, a cause Garran was, in private, gently mocking of. Garran and his fellow staff aimed for a simple style of legislative drafting, a goal enabled by the fact that there was no pre-existing federal legislation on which their work would have to be based. In Garran's opinion the approach, which was put into practice many years before the similarly principled
plain English Plain English (or layman's terms) are groups of words that are to be clear and easy to know. It usually avoids the use of rare words and uncommon euphemisms to explain the subject. Plain English wording is intended to be suitable for almost anyone, ...
movement became popular in government in the 1970s, was intended "to set an example of clear, straightforward language, free from technical
jargon Jargon is the specialized terminology associated with a particular field or area of activity. Jargon is normally employed in a particular communicative context and may not be well understood outside that context. The context is usually a partic ...
." Subsequent parliamentary drafters have noted that Garran was unusual in this respect for deliberately setting out to achieve and improve a particular drafting style, and that it was not until the early 1980s that such discipline among drafters re-emerged. However, Garran himself admitted that his drafting could be overly simplistic, citing the first customs and excise legislation, developed with the Minister for Trade and Customs
Charles Kingston Charles Cameron Kingston (22 October 1850 – 11 May 1908) was an Australian politician. From 1893 to 1899 he was a radical liberal Premier of South Australia, occupying this office with the support of Labor, which in the House of Assembly ...
and Assistant Parliamentary Draftsman Gordon Castle, as an example of the style taken to excess. The style was also once
parodied A parody, also known as a spoof, a satire, a send-up, a take-off, a lampoon, a play on (something), or a caricature, is a creative work designed to imitate, comment on, and/or mock its subject by means of satiric or ironic imitation. Often its subj ...
by foundation High Court Justice Richard O'Connor as follows:
Every man shall wear –
  (a) Coat
  (b) Vest
  (c) Trousers
Penalty: £100.
The Attorney-General's Department also managed
litigation - A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil actio ...
on behalf of the government. Initially the department contracted private
law firm A law firm is a business entity formed by one or more lawyers to engage in the practice of law. The primary service rendered by a law firm is to advise clients (individuals or corporations) about their legal rights and responsibilities, and to ...
s to actually conduct the litigation, but in 1903 the office of the
Commonwealth Crown Solicitor The Australian Government Solicitor (AGS) is an Australian public servant and a federal government agency of the same name which provides legal advice to the federal government and its agencies. AGS was originally the Crown Solicitor's Office, ...
was established, with
Charles Powers Sir Charles Powers (3 March 1853 – 24 April 1939) was an Australian politician and judge who served as Justice of the High Court of Australia from 1913 to 1929. Early life Powers was born in 1853 in Brisbane, Queensland. He was educat ...
the first to hold the job. The other Crown Solicitors that Garran worked with were Gordon Castle (with whom he had also worked as a drafter) and William Sharwood. In 1912, Garran was considered as a possible appointee to the High Court, following the expansion of the bench from five seats to seven and the death of Richard O'Connor.
Billy Hughes William Morris Hughes (25 September 1862 – 28 October 1952) was an Australian politician who served as the seventh prime minister of Australia, in office from 1915 to 1923. He is best known for leading the country Military history of Austra ...
, Attorney-General in the Fisher government at the time, later said Garran would have been appointed "but for the fact that he is too valuable a man for us to lose. We cannot spare him." Garran worked with eleven Attorneys-General as Permanent Head of the Department. Garran regarded the first Attorney-General, Alfred Deakin, as an excellent thinker and a natural lawyer, and on occasion " pokeof Deakin as the
Balfour Balfour may refer to: People Earls of Balfour * Arthur James Balfour, 1st Earl of Balfour (1848–1930), British Conservative politician, Prime Minister of the UK (1902-1905), made the public statement of Balfour Declaration * Gerald Balfour, 2n ...
of Australian politics." He was also very much impressed with the fifth Attorney-General,
Isaac Isaacs Sir Isaac Alfred Isaacs (6 August 1855 – 11 February 1948) was an Australian lawyer, politician, and judge who served as the ninth Governor-General of Australia, in office from 1931 to 1936. He had previously served on the High Court of Au ...
, who was an extremely diligent worker, and two time Attorney-General
Littleton Groom Sir Littleton Ernest Groom KCMG KC (22 April 18676 November 1936) was an Australian politician. He held ministerial office under four prime ministers between 1905 and 1925, and subsequently served as Speaker of the House of Representatives f ...
, who was "probably one of the most useful Ministers the Commonwealth has had."


Solicitor-General

In 1916, Garran was made the first
Solicitor-General of Australia The Solicitor-General of Australia is the country's second highest-ranking law officer, after the Attorney-General for Australia. The position is often known as the Commonwealth Solicitor-General in order to distinguish it from the state solicit ...
by Billy Hughes, who had since become Prime Minister as well as Attorney-General. The creation of the office and Garran's appointment to it represented a formal delegation of many of the powers and functions formerly exercised by the Attorney-General. Garran developed a strong relationship with Hughes, giving him legal advice on the
World War I World War I (28 July 1914 11 November 1918), often abbreviated as WWI, was List of wars and anthropogenic disasters by death toll, one of the deadliest global conflicts in history. Belligerents included much of Europe, the Russian Empire, ...
conscription plebiscites and on the range of
regulation Regulation is the management of complex systems according to a set of rules and trends. In systems theory, these types of rules exist in various fields of biology Biology is the scientific study of life. It is a natural science with a ...
s which were made under the '' War Precautions Act 1914''. The ''War Precautions Regulations'' had a broad scope, and were generally supported by the High Court, which adopted a much more flexible approach to the reach of the Commonwealth's defence power during wartime. A substantial amount of Garran's work during the war involved preparing and carrying out the regulations. Many of them were directed at maximising the economic aspect of the war effort and ensuring supplies of goods to Australian troops; others were directed at controlling citizens or former citizens of the enemy
Central Powers The Central Powers, also known as the Central Empires,german: Mittelmächte; hu, Központi hatalmak; tr, İttifak Devletleri / ; bg, Централни сили, translit=Tsentralni sili was one of the two main coalitions that fought in ...
living in Australia. On one occasion, when Hughes had been informed that at a party hosted by a
German German(s) may refer to: * Germany (of or related to) **Germania (historical use) * Germans, citizens of Germany, people of German ancestry, or native speakers of the German language ** For citizens of Germany, see also German nationality law **Ger ...
man, the band had played "
Das Lied der Deutschen The "" (; "Song of Germany"), officially titled "" (; "The Song of the Germans"), has been the national anthem of Germany either wholly or in part since 1922, except for a seven-year gap following World War II in West Germany. In East German ...
", Hughes asked Garran "By the way, what is this tune?" to which Garran replied that it was
Haydn Franz Joseph Haydn ( , ; 31 March 173231 May 1809) was an Austrian composer of the Classical period. He was instrumental in the development of chamber music such as the string quartet and piano trio. His contributions to musical form have le ...
's melody to " Gott erhalte Franz den Kaiser", and as it was used as the tune to several
hymn A hymn is a type of song, and partially synonymous with devotional song, specifically written for the purpose of adoration or prayer, and typically addressed to a deity or deities, or to a prominent figure or personification. The word ''hymn ...
s "it was probably sung in half a dozen churches in Sydney last Sunday." Hughes then said "Good Heavens! I have played that thing with one finger hundreds of times." The partnership between Garran and Hughes is regarded by some as unusual, given that Garran was "tall, gentlemanly, wise and scholarly", and patient with his staff, whereas Hughes was "short of stature ndrenowned for bursts of temper." Nevertheless, the partnership was a successful one, with Hughes recognising the importance of Garran's constitutional expertise, remarking once about the World War I period that "the best way to govern Australia was to have Sir Robert Garran at yelbow, with a fountain pen and a blank sheet of paper, and the ''War Precautions Act''." Likewise, Garran respected Hughes' strong leadership style, which had been important in guiding the country through the war, although in describing the Nationalist Party's loss in the 1922 federal election, Garran later said that "Hughes also overestimated his own hold on Parliament lthoughhis hold on the people was probably undiminished." Garran accompanied Hughes and Joseph Cook (then the Minister for the Navy) to the 1917 and 1918 meetings of the Imperial War Cabinet in London, United Kingdom, and was also part of the
British Empire The British Empire was composed of the dominions, colonies, protectorates, mandates, and other territories ruled or administered by the United Kingdom and its predecessor states. It began with the overseas possessions and trading post ...
delegation to the 1919
Paris Peace Conference Agreements and declarations resulting from meetings in Paris include: Listed by name Paris Accords may refer to: * Paris Accords, the agreements reached at the end of the London and Paris Conferences in 1954 concerning the post-war status of Germ ...
in
Paris Paris () is the capital and most populous city of France, with an estimated population of 2,165,423 residents in 2019 in an area of more than 105 km² (41 sq mi), making it the 30th most densely populated city in the world in 2020. ...
, France. There he was on several of the treaty drafting committees, and contributed to many provisions, notably the portions of the
League of Nations The League of Nations (french: link=no, Société des Nations ) was the first worldwide Intergovernmental organization, intergovernmental organisation whose principal mission was to maintain world peace. It was founded on 10 January 1920 by ...
Covenant relating to
League of Nations mandate A League of Nations mandate was a legal status for certain territories transferred from the control of one country to another following World War I, or the legal instruments that contained the internationally agreed-upon terms for adminis ...
s. Though focusing mainly on League of Nations matters, Garran and John Latham (the head of Australian Naval Intelligence) had the status of technical advisers to Hughes and Cook, and so could attend the main conference and any of the associated councils. Observing the proceedings, Garran admired the "moral and physical courage" of French premier
Georges Clemenceau Georges Benjamin Clemenceau (, also , ; 28 September 1841 – 24 November 1929) was a French statesman who served as Prime Minister of France from 1906 to 1909 and again from 1917 until 1920. A key figure of the Independent Radicals, he was ...
, whom he regarded as determined to protect France from Germany but in a measured and temperate way; in Garran's words, Clemenceau "always withstood the excessive demands of the French chauvinists, of the French army, and of Foch himself". Garran viewed some similarities between
British Prime Minister The prime minister of the United Kingdom is the head of government of the United Kingdom. The prime minister advises the sovereign on the exercise of much of the royal prerogative, chairs the Cabinet and selects its ministers. As modern ...
David Lloyd George David Lloyd George, 1st Earl Lloyd-George of Dwyfor, (17 January 1863 – 26 March 1945) was Prime Minister of the United Kingdom from 1916 to 1922. He was a Liberal Party politician from Wales, known for leading the United Kingdom during ...
and
United States President The president of the United States (POTUS) is the head of state and head of government of the United States of America. The president directs the executive branch of the federal government and is the commander-in-chief of the United States ...
Woodrow Wilson Thomas Woodrow Wilson (December 28, 1856February 3, 1924) was an American politician and academic who served as the 28th president of the United States from 1913 to 1921. A member of the Democratic Party, Wilson served as the president of P ...
where others saw only differences, since Lloyd George "also had a strong vein of idealism in his character", and Wilson could be pragmatic when the situation called for it, such as in discussions relating to American interests. Garran also met other political and military leaders at the conference, including T. E. Lawrence, "an
Oxford Oxford () is a city in England. It is the county town and only city of Oxfordshire. In 2020, its population was estimated at 151,584. It is north-west of London, south-east of Birmingham and north-east of Bristol. The city is home to the Un ...
youth of 29 – he looks 18", who was modest and "without any affectation... in a company of two or three ecould talk very interestingly, but at a larger gathering he was apt to be dumb." Following the war, Garran worked with Professor
Harrison Moore Sir William Harrison Moore KBE CMG (30 April 1867 – 1 July 1935), usually known as Harrison Moore or W. Harrison Moore, was an Australian lawyer and academic who was a professor at the University of Melbourne and the third dean of the M ...
of the University of Melbourne and
South Australia South Australia (commonly abbreviated as SA) is a state in the southern central part of Australia. It covers some of the most arid parts of the country. With a total land area of , it is the fourth-largest of Australia's states and territories ...
n judge Professor Jethro Brown on a report about proposed constitutional amendments which ultimately became the referendum questions put forward in the 1919 referendum. Garran attended two
Imperial Conference Imperial Conferences (Colonial Conferences before 1907) were periodic gatherings of government leaders from the self-governing colonies and dominions of the British Empire between 1887 and 1937, before the establishment of regular Meetings of ...
s, accompanying Prime Minister Stanley Bruce in 1923 and in 1930 joining Prime Minister James Scullin and Attorney-General Frank Brennan, chair of the Drafting Committee which prepared drafts of agreements on various topics, such as merchant shipping. He also attended the eleventh League of Nations conference that year with them in
Geneva Geneva ( ; french: Genève ) frp, Genèva ; german: link=no, Genf ; it, Ginevra ; rm, Genevra is the second-most populous city in Switzerland (after Zürich) and the most populous city of Romandy, the French-speaking part of Switzerland. Situ ...
, Switzerland. At the Royal Commission on the Constitution in 1927, Garran gave evidence over five days, where he discussed the history and origins of the Constitution and the evolution of the institutions established under it. Through the 1920s and early 1930s, Garran prepared annual summaries of legislative developments in Australia, highlighting important individual pieces of legislation for the ''Journal of Comparative Legislation and International Law''.For example, and
Towards the end of his time as Solicitor-General, Garran's work included the preparation of the Debt Conversion Agreement between the Government of Australia and the governments of the states, which involved the federal government taking over and managing the debts of the individual states, following the 1928 referendum. In 1930, he was asked by the Scullin Government to provide an opinion on whether Norman Lindsay's novel ''
Redheap ''Redheap'' is a 1930 novel by Norman Lindsay. It is a story of life in a country town in Victoria, Australia in the 1890s. Lindsay portrays real characters struggling with the social restrictions of the day. Snobbery and wowserism are dominant th ...
'' was indecent and obscene within the terms of section 52(c) of the ''Customs Act 1901''. He concluded that it was, and the Department of Trade and Customs subsequently banned the book from being imported into Australia, the first book by an Australian author to suffer such a ban. It has been suggested that Frank Forde, the Acting Minister for Trade and Customs, had already decided to ban the book, and sought Garran's advice primarily as a buffer against political criticism.


Personal life and retirement

In 1902, Garran married Hilda Robson. Together they had four sons, Richard (born 1903), John (1905), Andrew (1906) and Isham Peter (1910). At this time the family lived in Melbourne, and the boys all attended Melbourne Grammar School and later studied at the
University of Melbourne The University of Melbourne is a public research university located in Melbourne, Australia. Founded in 1853, it is Australia's second oldest university and the oldest in Victoria. Its main campus is located in Parkville, an inner suburb n ...
, attending Trinity College there. In 1927, Garran had moved from his home in Melbourne to the newly established capital Canberra, one of the first public officials to do so (many government departments and their public servants did not move to Canberra until after
World War II World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the World War II by country, vast majority of the world's countries—including all of the great power ...
). He also worked within the Government to facilitate housing in Canberra for officials who needed to move there from other cities, and was involved in establishing cultural organisations in the city. In 1928 he was the inaugural President of the Canberra Rotary Club. In 1929, he formed the Canberra University Association in order to promote the formation of a university in Canberra, and in 1930 organised the establishment of Canberra University College (essentially a campus of the University of Melbourne) which taught undergraduate courses, chairing its council for its first twenty-three years. Throughout the 1920s and 1930s, Garran "consistently advocated the establishment of what he prophetically called 'a National University at Canberra' ", which would be primarily for specialist research and
postgraduate Postgraduate or graduate education refers to academic or professional degrees, certificates, diplomas, or other qualifications pursued by post-secondary students who have earned an undergraduate ( bachelor's) degree. The organization and str ...
study, in areas particularly relating to Australia, such as foreign relations with Asia and the Pacific region. This vision was evidently influential on the establishment of the
Australian National University The Australian National University (ANU) is a public research university located in Canberra, the capital of Australia. Its main campus in Acton encompasses seven teaching and research colleges, in addition to several national academies and ...
(ANU) in 1946, the only research-only university in the country (although in 1960 it amalgamated with Canberra University College to offer undergraduate courses). Garran retired from his governmental positions on 9 February 1932, a fixed retirement date on the day before his sixty-fifth birthday. He soon returned to practise as a barrister, and within a month he was made a
King's Counsel In the United Kingdom and in some Commonwealth countries, a King's Counsel (post-nominal initials KC) during the reign of a king, or Queen's Counsel (post-nominal initials QC) during the reign of a queen, is a lawyer (usually a barrister or ...
. However, he occasionally carried out more prominent work. In 1932, he was selected on the advice of the then Attorney-General John Latham to chair the Indian Defence Expenditure Tribunal, to advise on the dispute between India and the United Kingdom regarding the costs of the military defence of India. In 1934, along with John Keating, William Somerville and David John Gilbert, he formed a committee which prepared ''The Case for Union'', the Government of Australia's official reply to the secessionist movement in the state of
Western Australia Western Australia (commonly abbreviated as WA) is a state of Australia occupying the western percent of the land area of Australia excluding external territories. It is bounded by the Indian Ocean to the north and west, the Southern Ocean to ...
. Garran served on ANU's council from 1946 until 1951. Garran was also involved with the arts; he was a founding member of the Australian Institute of Arts and Literature and its president 1922-1927. He was the vice-president of the Canberra Musical Society, where he sang and played the clarinet, and in 1946 won a national song competition run by the
Australian Broadcasting Corporation The Australian Broadcasting Corporation (ABC) is the national broadcaster of Australia. It is principally funded by direct grants from the Australian Government and is administered by a government-appointed board. The ABC is a publicly-own ...
. Garran also published translations of
Heinrich Heine Christian Johann Heinrich Heine (; born Harry Heine; 13 December 1797 – 17 February 1856) was a German poet, writer and literary critic. He is best known outside Germany for his early lyric poetry, which was set to music in the form of '' Lie ...
's 1827 work ''Buch der Lieder'' ("Book of Songs") in 1924, and of the works of
Franz Schubert Franz Peter Schubert (; 31 January 179719 November 1828) was an Austrian composer of the late Classical and early Romantic eras. Despite his short lifetime, Schubert left behind a vast ''oeuvre'', including more than 600 secular vocal wor ...
and
Robert Schumann Robert Schumann (; 8 June 181029 July 1856) was a German composer, pianist, and influential music critic. He is widely regarded as one of the greatest composers of the Romantic era. Schumann left the study of law, intending to pursue a career a ...
in 1946. Garran died in 1957 in Canberra. He was granted a
state funeral A state funeral is a public funeral ceremony, observing the strict rules of Etiquette, protocol, held to honour people of national significance. State funerals usually include much pomp and ceremony as well as religious overtones and distinctive ...
, the first given to a public servant of the Government of Australia. He was survived by his four sons; his wife Hilda had died in 1936. His
memoir A memoir (; , ) is any nonfiction narrative writing based in the author's personal memories. The assertions made in the work are thus understood to be factual. While memoir has historically been defined as a subcategory of biography or autobio ...
s, ''Prosper the Commonwealth'', were published posthumously in 1958, having been completed shortly before his death.


Legacy

Garran's "personality, like his prose, was devoid of pedantry and pomposity and, though dignified, was laced with a quizzical turn of humour." His death "marked the end of a generation of public men for whom the cultural and the political were natural extensions of each other and who had the skills and talents to make such connections effortlessly." Garran's friend Charles Studdy Daley, a long time civic administrator of the
Australian Capital Territory The Australian Capital Territory (commonly abbreviated as ACT), known as the Federal Capital Territory (FCT) until 1938, is a landlocked federal territory of Australia containing the national capital Canberra and some surrounding townships. ...
, emphasised Garran's contribution to the early development of the city of Canberra, particularly its cultural life, remarking at a celebratory dinner for Garran in 1954 that:
"There has hardly been a cultural movement in this city with which Sir Robert has not been identified in loyal and inspiring support, as his constant aim has been that Canberra should be not only a great political centre but also a shrine to foster those things that stimulate and enrich our national life... his name will ever be inscribed in the annals, not only of Canberra, but of the Commonwealth as ''clarum et venerabile nomen gentibus''.Daley quotes
Lucan Marcus Annaeus Lucanus (3 November 39 AD – 30 April 65 AD), better known in English as Lucan (), was a Roman poet, born in Corduba (modern-day Córdoba), in Hispania Baetica. He is regarded as one of the outstanding figures of the Imperial ...
's epic poem '' Pharsalia''; the phrase may be translated as "Among the people his name is honoured and distinguished."
However Garran is perhaps best remembered as an expert on constitutional law, more so than for his other contributions to public service. At his death, Garran was one of the last remaining of the people involved with the creation of the Constitution of Australia. On his experience of Federation and the Constitution, Garran was always enthusiastic:
"I'm often asked 'has federation turned out as you expected?' Well yes and no. By and large the sort of thing we expected has happened but with differences. We knew the constitution was not perfect; it had to be a compromise with all the faults of a compromise... But, in spite of the unforeseen icstrains and stresses, the constitution has worked, on the whole, much as we thought it would. I think it now needs revision, to meet the needs of a changed world. But no-one could wish the work undone, who tries to imagine, what, in these stormy days, would have been the plight of six disunited Australian colonies."
Former Prime Minister
John Howard John Winston Howard (born 26 July 1939) is an Australian former politician who served as the 25th prime minister of Australia from 1996 to 2007, holding office as leader of the Liberal Party. His eleven-year tenure as prime minister is the ...
, in describing Garran, said:
"I wonder though if we sometimes underestimate the changes, excitements, disruptions and adjustments previous generations have experienced. Sir Robert Garran knew the promise and reality of federation. He was part of the establishment of a public service which, in many ways, is clearly recognisable today."
At one level, Garran's remarkable career epitomises the hay day, or Indian Summer, of the meritocratic bourgeois elite born in Australia in the third quarter of the 19th century. At another level, his exceptional influence as an eminence grise bespeaks his fluency in construction, be it in poetry translation or legislative drafts, even if always out of commonplace materials. He lacked the imagination to range beyond the stock assumptions of the day regarding race, sex and Empire, assumptions he fully shared. This, inevitably, only made his influence stronger.


Honours

Garran was made a Commander of the
Order of St Michael and St George The Most Distinguished Order of Saint Michael and Saint George is a British order of chivalry founded on 28 April 1818 by George IV, Prince of Wales, while he was acting as prince regent for his father, King George III. It is named in hono ...
(CMG) on the day that Federation was completed and Australia created, 1 January 1901, "in recognition of services in connection with the Federation of Australian Colonies and the establishment of the Commonwealth of Australia",
Garran was first knighted in 1917, and was appointed as a Knight Commander of the Order of St Michael and St George (KCMG) in 1920. He was knighted a third time in 1937 when he was made a Knight Grand Cross of the Order of St Michael and St George (GCMG). Shortly after the establishment of the ANU in 1946, Garran became its first graduate when he was awarded an honorary doctorate of laws. He had already been awarded such an honorary doctorate from the University of Melbourne in 1937 and later receiving one from his alma mater, the University of Sydney in 1952.


Memorials

Garran's influence on Canberra is remembered by the naming of the suburb of Garran, Australian Capital Territory, established in 1966, after him. Garran's link with ANU is remembered by the naming of a
chair A chair is a type of seat, typically designed for one person and consisting of one or more legs, a flat or slightly angled seat and a back-rest. They may be made of wood, metal, or synthetic materials, and may be padded or upholstered in vari ...
in the university's School of Law, by the naming of the hall of residence
Burton & Garran Hall The Australian National University (ANU) is a public research university located in Canberra, the capital of Australia. Its main campus in Acton encompasses seven teaching and research colleges, in addition to several national academies and ...
, and by the naming of Garran house at Canberra Grammar School for his work with that school. The Garran oration, established to honour his memory, has been given yearly since 1959. In 1983, the former Patent Office building – then occupied by the Federal Attorney General's Department – was renamed Robert Garran Offices. It was renamed the Robert Marsden Hope Building in 2011.


Publications

* ''A problem of federation under the crown; the representation of the crown in commonwealth and states'' (1895). *''The coming Commonwealth: an Australian handbook of federal government'' (1897). *''The Annotated Constitution of the Australian Commonwealth'' by Quick and Garran (1901). *''The government of South Africa'' (1908). *''The Making and Working of the Constitution'' (1932). *''The Making and Working of the Constitution (continued)'' (1932). *''The Case for union : a reply to the case for the secession of the state of Western Australia'' by Garran and 3 others (1934). *''Prosper the Commonwealth'' (1958). *''The book of songs'' Translated by Garran (1924). *''Schubert and Schumann : songs and translations'' Translated by Garran (1946).


References


Sources

* * * *


External links

{{DEFAULTSORT:Garran, Robert Solicitors-General of Australia Australian King's Counsel Australian federationists Australian Knights Grand Cross of the Order of St Michael and St George Australian Knights Bachelor People educated at Sydney Grammar School University of Sydney alumni 1867 births 1957 deaths