# Notable South Australians/James Walter Smith, LL.D.

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James Walter Smith, LL.D.,
IS the son of a country gentleman, and was educated at Shrewsbury School, and at Balliol College, Oxford. He graduated B.A. at that University in 1852, and during the next year took the degree of LL.B. in the University of London; was called to the Bar at the Inner Temple, and entered upon the practice of his profession. In 1856, when but 25 years of age, he took the Degree of Doctor of Laws at the University of London, being awarded the Gold Medal for special proficiency, (an honor which had only been twice previously conferred). In the long vacations and intervals of leisure permitted by his practice, he wrote and published a series of short popular treatises on various branches of the law, all of which enjoyed an unprecedentedly large sale in ​England and the colonies, whilst some were translated into foreign languages. Among the subjects treated were:—"Bills, Cheques and Notes," "Partnership," "The Law of Husband and Wife," "The Law of Public Meetings," and "The Law of Joint Stock Companies." He also wrote a work containing 250 precedents with introductions and notes, entitled "Legal Forms for Common Use." Though their circulation increased his practice, and brought him pupils. Dr. Smith at intervals brought out new editions of each, and was frequently engaged on the daily press in writing upon the legal, constitutional, and international questions of the day. He has devoted much time to general literature, and has published "Twelve True Tales of the Law," and a translation into English rhyming verse of the two first books of Horace's Odes, each ode being translated in no more lines than the original; a feat which, as was remarked by the Intellectual Observer, "no previous translator had either achieved or attempted." The leading reviews also spoke highly of the book. Great exertions were made by Dr. Smith beyond his practice, in the cause of Law Reform, especially that branch known as "Procedure-reform." Deeply imbued with the ideas of Bentham, he did much to secure the appearance before the Judge as the first step in the cause; the assignment of each cause to one Judge, who should deal with it throughout; the ascertainment of the issue without written pleadings; continuous sittings, as in a Police Court; the concentration of the Courts and their offices, and the admissibility of the evidence of accused persons. In furtherance of these objects he wrote articles, letters and pamphlets, and read papers before societies interested therein. He also originated a proposal favored by Lord Westbury, to codify the whole law of England and Ireland en bloc instead of piecemeal, and lay it before a Committee in a printed form. When the fusion of law and equity was attempted in 1873, some of Dr. Smith's suggestions were adopted; but the ​essence of what he advocated still remains as the goal of the law reformer. Being recommended a warmer climate, after travelling in Southern Europe, he resolved on resorting to a colony where he could do, though on a smaller scale, the work to which he was accustomed, and accordingly in 1875 he went to Natal, at the capital of which he edited the leading journal, the only paper representing the views of the Colonial Office, and practised at the Bar. When the war broke out he came to South Australia; practised as a lawyer, and wrote for the Press, and has brought out several tales in the Observer and Australasian, Here he is well-known, both as a leader-writer and as the author of a popular series of humorous articles, which appear under a nom de plume and are intended for subsequent publication in England. From March 1883 to March 1885, Dr. Smith was employed as Parliamentary Draftsman to the Government; an occupation for which his previous experience had well suited him. During this period he drafted 73 Bills, revised six more drawn by others; drew seven sets of "Regulations," and advised on fifteen matters not arising upon Bills. In March 1885 the office of Parliamentary Draftsman was abolished, but whether the step thus taken was for the public weal time must determine.