Samuel Way: attorney general leap to South Australian chief justice in 1876 at 39 when Richard Hanson dies

Samuel Way became South Australian chief justice in 1876 at the age of 39 and without full legal qualifications.
Image courtesy State Library of South Australia

Samuel Way was a member of the South Australian parliament for about a year – enough to elevate him to chief justice of the supreme court. Elected to the House of Assembly in 1875 as the member for Sturt, he joined premier James Boucaut’s ministry as attorney general.

After chief justice Richard Hanson died in March 1876, Way succeeded him at the age of 39. Since the attorney general usually recommended judicial candidates to the cabinet, it was suggested Way probably nominated himself to be chief justice. Although there were precedents for attorney generals to become chief justice, Way's appointment was disapproved by the supreme court bench and by his practice partner Josiah Symon. The puisne judges Edward Gwynne and Randolph Stow were so affronted that they ostracised Way in private.

Way gave up a salary of almost £6000 a year for £2000 as chief justice but he had £40,000 earned from 15 years in practice. He’d reached chief justice before the age of 40, independently wealthy and without university qualifications.

Way reorganised the circuit courts and fused law and equity similar to English judicature acts. He invented the summons for immediate relief. He formalised judicial dress on the English model; not only the black gown and wig but scarlet and ermine of the criminal court. He presided over royal commissions, notably in 1883 into the Destitute Act. Its recommendations partly relieved the plight of boys on a rotting hulk used as a reformatory training ship, eased servitude for unmarried mothers, and urged a state children's relief board.

Justice Gwynne’s refusal to talk privately with Way and unwillingness to adjust to new court procedures led to him retiring in 1878. This allowed Way to enjoy harmony until 1903 with supreme court colleagues James Boucaut (the former premier, appointed 1878) and William Bundey (1884). Way dominated the court. The only time he was in the minority, he was upheld in the privy council.