Christian Jollie Smith

Christian Brynhild Ochiltree Jollie Smith (15 March 1885 – 14 January 1963)[1] was a socialist lawyer and co-founder of the Communist Party of Australia[2] notable for her work representing striking miners, underprivileged tenants during the great depression and briefing legal counsel for the successful High Court challenges to the attempted exclusion of Egon Kisch from Australia and the Communist Party Act of 1951.

Christian Jollie Smith
Smith (published 6 January 1913)
BornMarch 15, 1885
Parkville, Victoria, Australia
DiedJanuary 14, 1963(1963-01-14) (aged 77)
North Sydney, New South Wales, Australia
Alma materMelbourne University (LL.B. 1911)
Occupationsolicitor
Known forEgon Kisch, workers' rights

Born at Parkville,[1] Melbourne, daughter of Scottish-born Thomas Jollie Smith and his Victorian wife Jessie Ochiltree. Brought up at Naracoorte, South Australia, where her father was Presbyterian minister. She was educated at home,[3] later boarding at Presbyterian Ladies' College, Melbourne in 1903/04 in order to matriculate. Christian studied law at the University of Melbourne (LL.B., 1911)[2] and was introduced to socialism by her friend Guido Baracchi. She belonged to a group of left-wing intellectuals including William Earsman, Louis Esson and his wife Hilda, and Katharine Susannah Prichard, and was active in the anti-conscription campaigns of World War I.[4]

Jollie Smith was admitted by the Supreme Court of Victoria as a solicitor in 1912,[2] her sponsors being "Mr McArthur, KC and Mr Latham" (later a Chief Justice of Australia).[3] In Victoria, she struggled for independence from her parents, working from 1914 onwards, as a solicitor, teacher, journalist and (briefly as taxi-driver,[3] in 1918 - the first woman taxi-driver in Melbourne, under the trade name 'Pamela Brown'). In 1919 she taught English literature at Melbourne High, Brighton Grammar schools, and on moving to Sydney, at the Labor College of New South Wales. In December 1920 she became a foundation committee-member of the Communist Party of Australia[3] and published the Sydney-based Australian Communist from 1920–21.[2][3]

Christian Jollie Smith became the second woman to be admitted as a solicitor in New South Wales on 30 October 1924.[5][6] She established her own practice dealing chiefly with political and industrial cases.[3][7][8] During the attempted exclusion of Egon Kisch from Australia she briefed[9] Albert Piddington and Maurice Blackburn who won appeals in the High Court of Australia against charges that he was a prohibited immigrant[5] (successfully challenging the validity of the dictation test given).[10]

In 1951 Jollie Smith briefed H. V. Evatt, in a successful challenge to the validity of the Act outlawing the Communist Party.[11]

In 1956, she, together with Brian Fitzpatrick helped draft Jessie Street's a petition to change the constitutional rights of Indigenous Australians, a forerunner to the petitions for the 1967 referendum.[12][13]

Jollie Smith never married. She remained lifelong friends with both Katharine Susannah Prichard and Nettie Palmer (a friend since PLC days).[3] She died 14 January 1963[1] at North Sydney and was cremated with Presbyterian forms. The Australian Communist Newspaper, Tribune, described her as one of the 'most devoted fighters in the intellectual and professional fields' on behalf of the working class.[5]

Publications

Further reading
  • Radi, H. (1988). Christian Jollie-Smith 1885 - 1963 lawyer. 200australianwomen. ISBN 9780958960373.

References
  1. Damousi, J. (1988). "Jollie Smith, Christian (1885–1963)". Smith, Christian Brynhild Ochiltree Jollie (1885-1963). Australian Dictionary of Biography, Volume 11, Online Edition: Melbourne University Press.CS1 maint: location (link)
  2. "Jollie-Smith, Christian Brynhild Ochiltree (1885 - 1963)". The Australian Women's Register.
  3. Skinner, C.M. (2008) "Christian Jollie Smith: a life". Ph.D. thesis, Department of Modern History, Macquarie University.
  4. Macintyre, S. (1998). The Reds: The Communist Party of Australia from Origins to Illegality. Allen & Unwin. ISBN 9781864485806.
  5. "Christian Jollie-Smith served the workers". Tribune, 16 January, 1963, p.12.
  6. "Lady Barristers. Miss C.J.B.O. Smith Admitted". The Sun (Sydney, NSW : 1910 - 1954) Thu 30 Oct 1924 Page 9 Retrieved 30 June 2019.
  7. "Five Months Gaol for Communist 'Inciting to Murder'". The Sun (Sydney, NSW : 1910 - 1954) Fri 24 Jan 1930 Page 12. Retrieved 30 June 2019.
  8. "Grave Charges on Ironworkers' Poll", The Sydney Morning Herald (NSW : 1842 - 1954) Wed 30 Aug 1950 Page 5. Retrieved 30 June 2019.
  9. Kisch, E.E. (1937) "Australian Landfall" trans. from the German by John Fisher and Irene and Kevin Fitzgerald. Secker and Warburg, London.
  10. R v Wilson ; Ex parte Kisch [1934] HCA 63, (1934) 52 CLR 234 (19 December 1934), High Court (Australia).
  11. Australian Communist Party v Commonwealth ("Communist Party case") [1951] HCA 5; (1951) 83 CLR 1 (9 March 1951) pdf
  12. Buchanan, K. (2017) Australia’s 1967 Constitutional Referendum Related to Indigenous People: The Women Who Campaigned for “Yes”
  13. National Museum of Australia: Collaborating for Indigenous Rights. The Referendum, 1957-67 "Early petitions". Retrieved 30 June 2019.
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