The Advertiser (Adelaide, SA) - Monday 25 March 191262966

DEATH OF MR. JUSTICE
HOMBURG.
AN HONORABLE CAREER.
His Honor Mr. Justice Homburg passed
away in the Ra Rua Hospital at about
4.30 p.m. on Saturday. He went to the in-
stitution on February 1. suffering from
acute peritonitis or inflammation of the
pancreas. He was operated on the fol-
lowing morning, and as he improved
steadily danger was considered to be al-
most over. On Friday last, however,
hemorrhage set in and proved fatal. He
bore his illness with great fortitude, and
although he suffered much pain he never
once complained. To the last he fought
bravely for life, and remained in full pos-
session of his mental faculties until a few
mo:nents before the end.
Conscientious and Upright.
No man stood higher in the esteem of
the people of South Australia than Mr.
Justice Homburg. His career ever since
his boyhood had been passed in South Aus-
tralia, and during his public life, which
extended over nearly 30 years, he was
brought into contact with tens of thou-
sands of people. Yet during the whole of
that period he never did or said anything
which was calculated to diminish the re-
spect in which he was held. Nor was that
record achieved because he was anxious to
placate people. He was never afraid to
speak his mind. He was a man who held
strong views, and who was courageous in
his exposition of them. He sat in Parlia-
ment and lie held Ministerial office in
troublous times, when party feeling ran
high, and when he was called upon to
take a prominent part in the political
battle, but he was always straightforward,
downright, and scrupulously fair in his
methods, and even his antagonists held
( Photo of The late Mr.-Justice Homburg)
him in the highest regard. When he was
called from the turbulent arena of politics
to take a seat upon the Supreme Court
bench "The Advertiser" expressed the
utmost confidence in his fitness
for the high office to which
he waa called, and his career on
the bench has amply justified that con-
fidence. Mr. Justice Homburg was always
dignified, always broadminded, and always
strictly impartial. He was no respecter of
persons, whether they appeared before him
as leading barristers or in any other capa-
city. He had always the boldness to ex-
ercise his own judgment, and to administer
the law in the manner which he deemed
right. His business training, his long ex-
perience aa a professional man, and the
broad knowledge gained during an obser-
vant Parliamentary life, stood him in good
stead, and all over the State he was
trusted and admired. He took a common
sense view of his duty both as a judge of
the Criminal and of the Civil Court, and
it is safe to assert that so far as a judge can
satisfy litigants who lose their cases he
did so. There was a transparent honesty
about all his actions and each one of his
decisions which could not fail to impress
both the bar and the public.  
As Husband and Father.
In his family relationships Mr. Justice
Homburg realised the ideal of domes-
tic life. He was the centre of a
very happy home. He waa a model hus-
band and a large-hearted father. In that
circle his loss will be very keenly felt. He
was extremely fond of his children, and
from the time when they were babies
until now, when several of them have
reached mature age, he entered fully and
lovingly into all their undertakings and par-
ticipated with them in all their joys and
sorrows. It has been due largely to his in-
fluence and to that of his excellent wife
that his sons have taken such good posi-
tions in the State. Mr. Justice Homburg was
very proud when his eldest son succeeded
to the old seat he had himself filled so well
in what is now the district of Murray, and
there was an even keener delight in store
for him when the same son was chosen to
occupy the office of Attorney-General.
He was a man who enjoyed life, and
who had a cheerful outlook. His equable
disposition and his tendency to look on the
bright side of things made bim an exceed-
ingly pleasant companion to his friends and
a radiator of cheerfulness in his own home.
His heart was full of hospitality, and the
grasp of his hand was eloquent of sincerity
and manliness.
Birth and Parentage.
Mr. Justice Homburg was born on March
10, 1848, in the duchy of Brunswick, but he
came to Australia with his father, Mr. F.
A. Homburg, when he was only six years
old. The Victorian gold discovery was the  
magnet which drew the family from the
Fatherland. After a three years' stay in
the neighbor State ( Victoria) Mr. Homburg came to
South Australia in September, 1857, when
he was between nine and ten years old.
That was the period of the establishment
of constitutional government in this State,
so that his citizenship had just covered the
life of the Parliament. He grew up with
the State and he became a South Austra-
lian "to the backbone and spinal marrow."
He received most of his early education at
a school conducted by Messrs. Leschen and
Niehuus, where he obtained a good ac-
quaintance with the classics as well as a
good grounding in English. His first ac-
quaintance with business was in a land
agent's office, but before he was 20 he be-
came an articled clerk in the office of Sir
James Penn Boucaut, whom many years
afterwards he succeeded as judge. He re-
moved his place of residence from Adelaide
to Tanunda, and was placed in charge of
the office of Messrs. G. & J. Downer in
that town, the necessary transfer of his
articles having also taken place. He was
admitted to practise his profession in 1874,
and so as a barrister he was two years the
senior of his colleague. Sir John Downer,
and he bad been at the bar just a year
longer than Sir Samuel Way has occupied
the distinguished position of Chief Justice.
His Parliamentary Life.
The natural ability of the young
lawyer, added to his conscientious de-
votion to duty, resulted in great pro-
fessional success. In 1884, therefore,
he felt himself at liberty to
accept the invitation of the electors ol
Gumeracha to stand for the Assembly seat
vacated by the retirement of Mr. William
Haines. He was successful at the poll,
and was returned, with Sir Robert Ross
as his senior colleague, the defeated can-
didate being the late Hon. Samuel Tom-
kinson. Sir Robert Ross died on De-
cember 27, 1987. and Sir Lancelot Stir-
ling was next associated with Mr. Hom-
burg. In 1890 Mr. Theodore Hack took
the place of Sir Lancelot, and in 1893
Captain W. R. Randell, the Murray River
pioneer, was the second member for the
district. Three years later Mr. Charles
Willcox was elected, but was unseated on
petition, and Captain Randell again be-
came Mr. Homburg's colleague, while in
the next Parliament he was associated
first with the Hon. Thomas Playford, and
then with Mr. W. Jamieson. When, in
1902 the districts of Gumeracha and Onka-
paringa were amalgamated under the name
of Murray, three members were elected,
namely the late Mr. W. H. Duncan, Mr.
Homburg and Mr. Pflaum. Mr.
Homburg was for many years in
opposition to various Governments,
but he always occupied a pro-
minent position, and he was a member of
the famous "triumvirate" who dictated
terms to the Downer Government. The
other two members were thelate Mr. J.  
C. F. Johnson and Mr. L. L. Furner.
Work as a Minister.
Both these gentlemen secured Ministerial
office, one in the Downer, and the other
in the succeeding Playford Government,
but Mr. Homburg remained a private
member until the Cockburn Ministry was
defeated in 1890, when he accepted the
office of Attorney-General in the second
Playford Cabinet, which lasted for
nearly two years.. During that time he
had as colleagues Sir John Cox Bray,  
Messrs. Kingston. Playford, Rounsevall,
Copley, Jenkins, and Bowe. The Go-
vernment were defeated by Sir
Frederick Holder on June 21, 1892,
but in October of the same
year Mr. Homburg returned to his old
position under Sir John Downer. His
other colleagues during the brief existence
of the Ministry were Messrs. Copley,
Rounsevell, Howe, Grayson, Moule, and
Castine. Then came the long
reign of the Kingston Ministry, which
lasted from June 10. 1893, to December 1,
1899. It was followed by the short-
lived Solomon Cabinet, and then the
second Government, of Sir Frederick Hol-
der assumed office. When Sir Frede-
rick went to the Federal Parliament as
Speaker r. Jenkins reconstructed his
Ministry. This Government had a career
extending over nearly four years, and it
was more than three years old before Mr.
Homburg returned to office again in the
capacity of Attorney General and Minis-
ter of Education. He remained in office
until his elevation to the bench in Feb-
ruary, 1905. His predecessor as Attor-  
ney-General in the same Cabinet (Sir John    
Gordon) had become a judge of the
Supreme Court in succession to
the late Sir Henry Bundey,
in December, 1903. During his long career
as a Minister Mr. Homburg had acted as
Premier, and he had also at various times
temporary charge of every Ministerial de-
partment. He had also been leader of the
Opposition. He was characteristically
earnest in the discharge of his Parliamen-
tary work, and he always held a bold and
independent course. He was justifiably
proud of the help he gave towards the pas-
sage of the School of Mines and Industries
Act, and also of measures amending the
Real Property, Bills of Sale, Agricultural
Holdings, Partnership, Companies, and
Probate Acts, and he was largely instru-
mental in the establishment of the Na-
tional Park at Belair.
His Love for Flowers.
Mr. Justice Homburg displayed a keen
and an intelligent interest in horticulture.
He had a beautiful garden at his resi-
dence, on the Greenhill-road, Dulwich, in
which he took delight. He also gave every
help and encouragement in his public and
private capacity to the beautiflcation and
extension of the Botanic Gardens, Ade-
laide, to which he was a frequent
visitor, both in the time of Dr. Schom-
burgk and Dr. Holtze. He had more than
an amateur's knowledge of the gardener's
art, and he was very successful in the cul-
tivation of flowers and shrubs. He was a
lover of home, and he naturally made
everything about his residence as attrac-
tive and as comfortable as possible, so
that it always wore an inviting aspect, of
peace and repose.
Mr. Justice Homburg left a widow, five
sons-Messrs. Herman, Robert, John,
Fritz, and Hansie Homburg - and three
daughters-Mrs. R. Fraser, Mrs. Brewster
Jones, and Miss Gretchen Homburg. With
the exception of Mr. John Homburg, who
is a lawyer in practice at Murray Bridge,
the whole of the members of the family,
reside in Adelaide.
Mr. Herman Homburg, of the
firm of Homburg, Melrose, and Hom-
burg, solicitors, who has sat in
Parliament for the district of Mur-
ray since June 23, 1908, and who held the
office of Attorney-General in the Peake
Ministry from December 22, 1909, until
June 2, 1910, was re-elected last
month as a member for Murray and
holds the portfolio of Attorney-General
in the present Government. His brother
Robert was returned as one of the members
for Burra at the general election.
A Long Bedside Vigil.
Mrs. Homburg was present at the bed-
side of her husband during the whole of
his illness, and left only after life had de-
parted. Although the strain upon her
has been considerable, she is bearing up well,
under the particularly sad circumstances  
connected with the late judge's illness.
Mrs. Homburg has received letters from all
parts of the state sympathising with her
during her husband's illness.