Robert Stout
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Sir Robert Stout (28 September 1844 – 19 July 1930) was a New Zealand politician who was the 13th premier of New Zealand on two occasions in the late 19th century, and later
Chief Justice of New Zealand The chief justice of New Zealand () is the head of the New Zealand judiciary, and presides over the Supreme Court of New Zealand. The chief justice of New Zealand is also the chief justice of Tokelau. Before the establishment of the Supreme C ...
. He was the only person to hold both these offices. He was noted for his support of liberal causes such as
women's suffrage Women's suffrage is the women's rights, right of women to Suffrage, vote in elections. Several instances occurred in recent centuries where women were selectively given, then stripped of, the right to vote. In Sweden, conditional women's suffra ...
, and for his strong belief that philosophy and theory should always triumph over political expediency.


Early life

Born in the town of
Lerwick Lerwick ( or ; ; ) is the main town and port of the Shetland archipelago, Scotland. Shetland's only burgh, Lerwick had a population of about 7,000 residents in 2010. It is the northernmost major settlement within the United Kingdom. Centred ...
in Scotland's
Shetland Islands Shetland (until 1975 spelled Zetland), also called the Shetland Islands, is an archipelago in Scotland Scotland is a Countries of the United Kingdom, country that is part of the United Kingdom. It contains nearly one-third of the Uni ...
, Stout retained a strong attachment to the Shetland Islands throughout his life. He received a good education, was dux at his school when he graduated in 1858 and eventually qualified as a teacher. He also qualified as a
surveyor Surveying or land surveying is the technique, profession, art, and science of determining the terrestrial two-dimensional or three-dimensional positions of points and the distances and angles between them. These points are usually on the ...
in 1860. He became highly interested in politics through his extended family, which often met to discuss and debate political issues of the day. Stout was exposed to many different political philosophies during his youth. In 1863, Stout emigrated to
Dunedin Dunedin ( ; ) is the second-most populous city in the South Island of New Zealand (after Christchurch), and the principal city of the Otago region. Its name comes from ("fort of Edin"), the Scottish Gaelic name for Edinburgh, the capital of S ...
, New Zealand. Once there, he quickly became involved in political debate, which he greatly enjoyed. He also became active in the
Freethought Freethought (sometimes spelled free thought) is an unorthodox attitude or belief. A freethinker holds that beliefs should not be formed on the basis of authority, tradition, revelation, or dogma, and should instead be reached by other meth ...
circles of the city. After failing to find employment as a surveyor on the
Otago Otago (, ; ) is a regions of New Zealand, region of New Zealand located in the southern half of the South Island and administered by the Otago Regional Council. It has an area of approximately , making it the country's second largest local go ...
gold-fields, Stout returned to education, holding a number of senior teaching positions at the high-school level. Eventually, however, Stout moved away from education and entered the
legal profession Legal profession is a profession in which legal professionals study, develop and apply law. Usually, there is a requirement for someone choosing a career in law to first pass a bar examination after obtaining a law degree or some other form of l ...
. In 1867 he was working in the law firm of William Downie Stewart Sr (father of the William Downie Stewart Jr who later became
Minister of Finance A ministry of finance is a ministry or other government agency in charge of government finance, fiscal policy, and financial regulation. It is headed by a finance minister, an executive or cabinet position . A ministry of finance's portfolio ...
). He was
called to the bar The call to the bar is a legal term of art in most common law jurisdictions where persons must be qualified to be allowed to argue in court on behalf of another party and are then said to have been "called to the bar" or to have received "call to ...
on 4 July 1871, and proved to be a highly successful trial-lawyer. He also became one of Otago University's first students (possibly ''the'' first, although this claim is disputed), studying
political economy Political or comparative economy is a branch of political science and economics studying economic systems (e.g. Marketplace, markets and national economies) and their governance by political systems (e.g. law, institutions, and government). Wi ...
and the theory of
morality Morality () is the categorization of intentions, Decision-making, decisions and Social actions, actions into those that are ''proper'', or ''right'', and those that are ''improper'', or ''wrong''. Morality can be a body of standards or principle ...
. He later became the university's first law-lecturer.


Early political career

Stout's political career started with his election to the
Otago Provincial Council The Otago Province was a Provinces of New Zealand, province of New Zealand until the abolition of provincial government in 1876. The capital of the province was Dunedin. Southland Province split from Otago in 1861, but became part of the provin ...
. During his time on the Council he impressed many people - both with his energy and with his rhetorical skill - although others found him abrasive, and complained about his lack of respect for those who held different views. Stout successfully contested an August 1875 by-election in the Caversham electorate and thus became a Member of the
New Zealand Parliament The New Zealand Parliament () is the unicameral legislature of New Zealand, consisting of the Monarchy of New Zealand, Sovereign and the New Zealand House of Representatives. The King is usually represented by his Governor-General of New Zeal ...
. He unsuccessfully opposed moves by the central government ( Vogel) to abolish the
provinces A province is an administrative division within a country or state. The term derives from the ancient Roman , which was the major territorial and administrative unit of the Roman Empire's territorial possessions outside Italy. The term ''provi ...
. At the 1875 election a few months later, he was returned in the City of Dunedin electorate. On 13 March 1878, Stout became
Attorney-General In most common law jurisdictions, the attorney general (: attorneys general) or attorney-general (AG or Atty.-Gen) is the main legal advisor to the government. In some jurisdictions, attorneys general also have executive responsibility for law enf ...
in the government of Premier
George Grey Sir George Grey, KCB (14 April 1812 – 19 September 1898) was a British soldier, explorer, colonial administrator and writer. He served in a succession of governing positions: Governor of South Australia, twice Governor of New Zealand, Gov ...
. He had a hand in a number of significant pieces of legislation while in this role. On 25 July 1878, Stout gained the additional role of Minister of Lands and Immigration. A strong advocate of land reform, Stout worked towards the goal of state ownership of land, which would then be leased to individual farmers. He often expressed fears that private ownership would lead to the sort of "powerful landlord class" that existed in Britain. Stout also supported taxation of privately owned land, especially gains in value. Later, in 1885 he noted that he had already been an advocate of
Georgist Georgism, in modern times also called Geoism, and known historically as the single tax movement, is an economic ideology holding that people should own the value that they produce themselves, while the economic rent derived from land—includ ...
public finance policy long before
Henry George Henry George (September 2, 1839 – October 29, 1897) was an American political economist, Social philosophy, social philosopher and journalist. His writing was immensely popular in 19th-century America and sparked several reform movements of ...
wrote
Progress and Poverty ''Progress and Poverty: An Inquiry into the Cause of Industrial Depressions and of Increase of Want with Increase of Wealth: The Remedy'' is an 1879 book by social theorist and economist Henry George. It is a treatise on the questions of why pov ...
. On 25 June 1879, however, Stout resigned both from cabinet and from parliament, citing the need to focus on his law practice. His partner in the practice was growing increasingly ill, and the success of his firm was important to the welfare of both Stout and his family. Throughout his career, Stout found the cost of participating in politics a serious worry. His legal career, however, was probably not the only contributing factor to his resignation, with a falling out between Stout and George Grey having occurred shortly beforehand. At around this time Stout also developed a friendship with
John Ballance John Ballance (27 March 1839 – 27 April 1893) was a New Zealand politician who served as the 14th premier of New Zealand from January 1891 until his death in April 1893. He governed as the leader of New Zealand's first organised List of pol ...
, who had also resigned from Grey's cabinet after a dispute. Stout and Ballance shared many of the same political views. During his absence from parliament, Stout began to form ideas about political parties in New Zealand, believing in the need for a united liberal front. He eventually concluded, however, that parliament was too fragmented for any real political parties to be established. In the election of 1884 Stout re-entered parliament, and attempted to rally the various liberal-leaning MPs behind him. Stout promptly formed an alliance with Julius Vogel, a former premier (1873–1875 and 1876) – this surprised many observers, because although Vogel shared Stout's progressive social views, the two had frequently clashed over economic policy and the future of the provincial governments. Many saw Vogel as the dominant partner in the alliance.


Premier

In August 1884, only a month after returning to parliament, Stout passed a
vote of no confidence A motion or vote of no confidence (or the inverse, a motion or vote of confidence) is a motion and corresponding vote thereon in a deliberative assembly (usually a legislative body) as to whether an officer (typically an executive) is deemed fi ...
in the conservative
Harry Atkinson Sir Harry Albert Atkinson (1 November 1831 – 28 June 1892) served as the tenth Prime Minister of New Zealand, premier of New Zealand on four separate occasions in the late 19th century, and was Minister of Finance (New Zealand), Colonial Tr ...
, and assumed the premiership. Julius Vogel was made treasurer, thereby gaining a considerable measure of power in the administration. Stout's new government lasted less than two weeks, however, with Atkinson managing to pass his own vote of no confidence against Stout. Atkinson himself, however, failed to establish a government, and was removed by yet another vote of no confidence. Stout and Vogel returned to power once again. Stout's second government lasted considerably longer than his first. Its primary achievements were the reform of the civil service and a programme to increase the number of secondary schools in the country. It also organised the construction of the Midland railway line between
Canterbury Canterbury (, ) is a City status in the United Kingdom, city and UNESCO World Heritage Site, in the county of Kent, England; it was a county borough until 1974. It lies on the River Stour, Kent, River Stour. The city has a mild oceanic climat ...
and the West Coast. The economy, however, did not prosper, with all attempts to pull it out of depression failing. In the 1887 election, Stout himself lost his seat in parliament to James Allen by twenty-nine votes, thereby ending his premiership. Harry Atkinson, Stout's old rival, was able to form a new government after the election. At this point, Stout decided to leave parliamentary politics altogether, and instead focus on other avenues for promoting liberal views. In particular, he was interested in resolving the growing labour disputes of the time. He was highly active in building consensus between the growing labour movement and the world of middle-class liberalism.


Liberal Party

During Stout's absence from politics, his old ally, John Ballance, had been continuing to fight in parliament. After the 1890 election, Ballance had gained enough support to topple Atkinson and take the premiership. Shortly afterwards, Ballance founded the
Liberal Party The Liberal Party is any of many political parties around the world. The meaning of ''liberal'' varies around the world, ranging from liberal conservatism on the right to social liberalism on the left. For example, while the political systems ...
, New Zealand's first real political party. Only a few years later, however, Ballance became seriously ill, and asked Stout to return to parliament and be his successor. Stout agreed, and Ballance died shortly thereafter. Stout re-entered parliament after a winning a by-election in Inangahua on 8 June 1893. Ballance's deputy, Richard Seddon, had by this time assumed leadership of the party on the understanding that a full
caucus A caucus is a group or meeting of supporters or members of a specific political party or movement. The exact definition varies between different countries and political cultures. The term originated in the United States, where it can refer to ...
vote would later be held. In the end, however, no vote was held. Stout, backed by those who considered Seddon too conservative, attempted to challenge this, but was ultimately unsuccessful. Many of Seddon's supporters believed that the progressive views of Ballance and Stout were too extreme for the New Zealand public. Stout remained in the Liberal Party, but constantly voiced objections to Seddon's leadership. In addition to claiming that Seddon was betraying Ballance's original progressive ideals, Stout also claimed that Seddon was too autocratic in his style of rule. Ballance's idea of a united progressive front, Stout believed, had been subverted into nothing more than a vehicle for the conservative Seddon. Seddon defended himself against these charges by claiming that Stout was merely bitter about not gaining the leadership.


Women's suffrage

One of the last major campaigns that Stout participated in was the drive to grant voting rights to women. Stout had long been a supporter of this cause, having campaigned tirelessly for his own failed bill in 1878 and Julius Vogel's failed bill in 1887. He had also been highly active in the campaign to increase property rights for women, having been particularly concerned with the right of married women to keep property independently from their husbands. John Ballance had been a supporter of women's suffrage, although his attempts to pass a bill had been blocked by the conservative
Legislative Council A legislative council is the legislature, or one of the legislative chambers, of a nation, colony, or subnational division such as a province or state. It was commonly used to label unicameral or upper house legislative bodies in the Brit ...
(the now-abolished upper house of Parliament). Seddon, however, was opposed, and many believed that the cause was now lost. However, a major initiative by
suffragist Suffrage, political franchise, or simply franchise is the right to vote in public, political elections and referendums (although the term is sometimes used for any right to vote). In some languages, and occasionally in English, the right to vo ...
s led by Kate Sheppard generated considerable support for women's suffrage, and Stout believed that a bill could be passed despite Seddon's objection. A group of progressive politicians, including Stout, passed a women's suffrage bill in 1893 through both the lower and upper houses, with the upper house narrowly passing it after some members who had not been in favour changed their votes because of Seddon's attempts to "kill" the bill in the upper house. Stout was also involved with the failing Walter Guthrie group of companies in Southland and Otago which had been supported by the
Bank of New Zealand Bank of New Zealand (BNZ) is one of New Zealand's Big Four (banking)#New Zealand, big four banks. It has been operating since October 1861, and since 1992 has been owned by National Australia Bank (NAB), retaining local governance with a New Z ...
, and (according to Bourke) Seddon was prepared to conceal Stout's involvement – provided Stout left politics.''Kelburn, King Dick and the Kelly Gang: Richard Seddon and Political Patronage'' by Kevin Bourke,(2008, Hit or Miss Publishing, Wellington) In 1898 Stout retired from politics. He had represented the seats of Caversham in the 5th parliament (1875), Dunedin East in the 6th parliament (1875–79) and in the 9th parliament (1884–87), Inangahua in the 11th parliament (1893), and the City of Wellington in the 12th and 13th parliaments (1893–98).


Life after politics

On 22 June 1899, he was appointed
Chief Justice of New Zealand The chief justice of New Zealand () is the head of the New Zealand judiciary, and presides over the Supreme Court of New Zealand. The chief justice of New Zealand is also the chief justice of Tokelau. Before the establishment of the Supreme C ...
, and remained in this position until 31 January 1926. As of 2011, Stout was the last Chief Justice of New Zealand to have served in the
New Zealand Parliament The New Zealand Parliament () is the unicameral legislature of New Zealand, consisting of the Monarchy of New Zealand, Sovereign and the New Zealand House of Representatives. The King is usually represented by his Governor-General of New Zeal ...
. While Chief Justice, Stout showed a particular interest in the rehabilitation of criminals, contrasting with the emphasis on
punishment Punishment, commonly, is the imposition of an undesirable or unpleasant outcome upon an individual or group, meted out by an authority—in contexts ranging from child discipline to criminal law—as a deterrent to a particular action or beh ...
that prevailed at the time. He took a leading part in the consolidation of New Zealand statutes (completed in 1908), and was made a Privy Councillor in 1921. In the same year as his retirement, Stout was appointed to the
Legislative Council A legislative council is the legislature, or one of the legislative chambers, of a nation, colony, or subnational division such as a province or state. It was commonly used to label unicameral or upper house legislative bodies in the Brit ...
, the last political office he would hold. Stout also had a role of considerable importance in the development of the New Zealand university system. He had become a member of the Senate of the
University of New Zealand A university () is an institution of tertiary education and research which awards academic degrees in several academic disciplines. ''University'' is derived from the Latin phrase , which roughly means "community of teachers and scholars". Uni ...
in 1885, and remained so until 1930. From 1903 to 1923, he was the university's Chancellor. He was also prominent in Otago University from 1891 to 1898, serving on its council. He played a very significant role in the founding of what is now
Victoria University of Wellington Victoria University of Wellington (), also known by its shorter names "VUW" or "Vic", is a public university, public research university in Wellington, New Zealand. It was established in 1897 by Act of New Zealand Parliament, Parliament, and w ...
– the strong connection between Victoria University and the Stout family is remembered by the university's Stout Research Centre and its Robert Stout Building. In 1929, Stout became increasingly ill, and never recovered. On 19 July 1930 he died in Wellington.


Works

*
The Rise and Progress of New Zealand
' historical sketch in ''Musings in Maoriland'' by Arthur T. Keirle 1890. Digitised by the New Zealand Electronic Text Centre *
Our Railway Gauge
' in ''The New Zealand Railways Magazine'', Volume 3, Issue 2 (1 June 1928). Digitised by the New Zealand Electronic Text Centre


See also

* Robert Stout Law Library


Notes


References

* *Richardson, Ivor L. M.; Dunn, W.H. (1961). "Sir Robert Stout: A Biography". ''SSRN Electronic Journal''. doi:10.2139/ssrn.2302260.
ISSN An International Standard Serial Number (ISSN) is an eight-digit to uniquely identify a periodical publication (periodical), such as a magazine. The ISSN is especially helpful in distinguishing between serials with the same title. ISSNs a ...
 1556-5068.


External links

*
Dictionary of New Zealand Biography, Robert Stout
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