Sir Charles Powers (3 March 1853 – 24 April 1939) was an Australian
politician
A politician is a person active in party politics, or a person holding or seeking an elected office in government. Politicians propose, support, reject and create laws that govern the land and by an extension of its people. Broadly speaking, a ...
and
judge
A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...
who served as Justice of the
High Court of Australia
The High Court of Australia is Australia's apex court. It exercises Original jurisdiction, original and appellate jurisdiction on matters specified within Constitution of Australia, Australia's Constitution.
The High Court was established fol ...
from 1913 to 1929.
[
]
Early life
Powers was born in 1853 in
Brisbane
Brisbane ( ) is the capital and most populous city of the states and territories of Australia, Australian state of Queensland, and the list of cities in Australia by population, third-most populous city in Australia and Oceania, with a populati ...
,
Queensland
)
, nickname = Sunshine State
, image_map = Queensland in Australia.svg
, map_caption = Location of Queensland in Australia
, subdivision_type = Country
, subdivision_name = Australia
, established_title = Before federation
, established_ ...
. He was educated at
Ipswich Grammar School
, motto_translation = Work and Honour
, address = Darling Street
, city = Ipswich
, state = Queensland
, postcode = 4305
, country = Australia
, coordinates =
, type = Independent, single-sex, day & boa ...
and
Brisbane Grammar School
, motto_translation = Nothing Without Labour
, established = 1868
, type = Independent, day & boarding
, gender = Boys
, denomination = Non-denominational
, slogan =
, key_people =
, ci ...
captaining the Schools First XI. He was a talented sportsman, and at one point captained a state
cricket
Cricket is a bat-and-ball game played between two teams of eleven players on a field at the centre of which is a pitch with a wicket at each end, each comprising two bails balanced on three stumps. The batting side scores runs by striki ...
team against a touring
English
English usually refers to:
* English language
* English people
English may also refer to:
Peoples, culture, and language
* ''English'', an adjective for something of, from, or related to England
** English national ide ...
side.
After completing his
articles of clerkship
Articled clerk is a title used in Commonwealth countries for one who is studying to be an accountant or a lawyer. In doing so, they are put under the supervision of someone already in the profession, now usually for two years, but previously three ...
, Powers was admitted to practise law as a
solicitor
A solicitor is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally-defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and ...
in 1876, after which he moved to
Bundaberg
Bundaberg is a city in the Bundaberg Region, Queensland, Australia, and is the tenth largest city in the state. Bundaberg's regional area has a population of 70,921, and is a major centre of the Wide Bay–Burnett geographical region. The Bun ...
to practise. In 1878, he married Kate Ann Thorburn, whose father was a solicitor from Victoria. Powers continued to work in Bundaberg until 1882.
Politics
In 1883 Powers became the
mayor
In many countries, a mayor is the highest-ranking official in a municipal government such as that of a city or a town. Worldwide, there is a wide variance in local laws and customs regarding the powers and responsibilities of a mayor as well a ...
of
Maryborough.
In June 1888, Powers was elected to the
Parliament of Queensland
The Parliament of Queensland is the legislature of Queensland, Australia. As provided under the Constitution of Queensland, the Parliament consists of the Monarch of Australia and the Legislative Assembly. It has been the only unicameral s ...
as a member of the
Legislative Assembly of Queensland
The Legislative Assembly of Queensland is the sole chamber of the unicameral Parliament of Queensland established under the Constitution of Queensland. Elections are held every four years and are done by full preferential voting. The Assembl ...
for
Burrum.
[ On 19 November 1889, Powers became Postmaster-General and Minister for Education in the ministry of ]Premier
Premier is a title for the head of government in central governments, state governments and local governments of some countries. A second in command to a premier is designated as a deputy premier.
A premier will normally be a head of governm ...
Boyd Dunlop Morehead
Boyd Dunlop Morehead (24 August 1843 – 30 October 1905) was a politician in Queensland, Australia. He was Premier of Queensland from November 1888 to June 1890.
Early life
Boyd Morehead was born in Sydney, New South Wales, the second son ...
, and he held these positions until resigning with his colleagues in August 1890.[ In 1891 he was a member of a Royal Commission which was established to investigate the possibility of establishing a university in Queensland.
Powers was admitted to practice as a ]barrister
A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching law and ...
at the Queensland bar in 1894, although since he was still in parliament at the time, he did not actually practice. From 1894 to 1895, Powers was the leader of the opposition
Opposition may refer to:
Arts and media
* ''Opposition'' (Altars EP), 2011 EP by Christian metalcore band Altars
* The Opposition (band), a London post-punk band
* ''The Opposition with Jordan Klepper'', a late-night television series on Comed ...
in Queensland. During this time, he put forward an electoral reform bill
Bill(s) may refer to:
Common meanings
* Banknote, paper cash (especially in the United States)
* Bill (law), a proposed law put before a legislature
* Invoice, commercial document issued by a seller to a buyer
* Bill, a bird or animal's beak
Plac ...
which provided for women's suffrage
Women's suffrage is the right of women to vote in elections. Beginning in the start of the 18th century, some people sought to change voting laws to allow women to vote. Liberal political parties would go on to grant women the right to vot ...
, and the abolition of plural voting
Plural voting is the practice whereby one person might be able to vote multiple times in an election. It is not to be confused with a plurality voting system which does not necessarily involve plural voting. Weighted voting is a generalisation of p ...
, however the bill did not succeed. If it had, Queensland would have become the second Australian colony after South Australia
South Australia (commonly abbreviated as SA) is a state in the southern central part of Australia. It covers some of the most arid parts of the country. With a total land area of , it is the fourth-largest of Australia's states and territories ...
to allow women to vote. An industrial relations
Industrial relations or employment relations is the multidisciplinary academic field that studies the employment relationship; that is, the complex interrelations between employers and employees, labor/trade
unions, employer organizations, ...
bill brought by Powers also failed.
Legal career
From 1899 to 1903, Powers served as the Crown Solicitor for Queensland, and in 1903, he was appointed as the first Commonwealth Crown Solicitor.Sir Charles Powers KCMG
, High Court of Australia
The High Court of Australia is Australia's apex court. It exercises Original jurisdiction, original and appellate jurisdiction on matters specified within Constitution of Australia, Australia's Constitution.
The High Court was established fol ...
During this time, he conducted several appeals on behalf of the recently formed Federal Government
A federation (also known as a federal state) is a political entity characterized by a union of partially self-governing provinces, states, or other regions under a central federal government (federalism). In a federation, the self-governin ...
to the Privy Council
A privy council is a body that advises the head of state of a state, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the mon ...
, where he argued many significant constitutional
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed.
When these princip ...
issues. He played a key role in preparing the prosecution in the Coal Vend cases, arising out of prosecutions brought by then Attorney-General of Australia
The Attorney-GeneralThe title is officially "Attorney-General". For the purposes of distinguishing the office from other attorneys-general, and in accordance with usual practice in the United Kingdom and other common law jurisdictions, the Aust ...
Billy Hughes
William Morris Hughes (25 September 1862 – 28 October 1952) was an Australian politician who served as the seventh prime minister of Australia, in office from 1915 to 1923. He is best known for leading the country during World War I, but ...
against a coal industry cartel
A cartel is a group of independent market participants who collude with each other in order to improve their profits and dominate the market. Cartels are usually associations in the same sphere of business, and thus an alliance of rivals. Mos ...
. The case was successful at first instance, but was lost on appeals to the full High Court and to the Privy Council
A privy council is a body that advises the head of state of a state, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the mon ...
.
Nevertheless, Hughes was pleased with Powers' work, and Hughes's opinion was undoubtedly influential when the Fisher government
Fisher is an archaic term for a fisherman, revived as gender-neutral.
Fisher, Fishers or The Fisher may also refer to:
Places
Australia
*Division of Fisher, an electoral district in the Australian House of Representatives, in Queensland
* Elec ...
appointed Powers to the High Court of Australia
The High Court of Australia is Australia's apex court. It exercises Original jurisdiction, original and appellate jurisdiction on matters specified within Constitution of Australia, Australia's Constitution.
The High Court was established fol ...
in 1913. Powers was the only solicitor to be appointed, and remains the only Justice (with the exception of the initial three) to have not argued a case before the court. He was also the first Justice appointed without a university degree. Powers was one of two justices of the Court to have previously served in the Parliament of Queensland
The Parliament of Queensland is the legislature of Queensland, Australia. As provided under the Constitution of Queensland, the Parliament consists of the Monarch of Australia and the Legislative Assembly. It has been the only unicameral s ...
, along with Samuel Griffith
Sir Samuel Walker Griffith, (21 June 1845 – 9 August 1920) was an Australian judge and politician who served as the inaugural Chief Justice of Australia, in office from 1903 to 1919. He also served a term as Chief Justice of Queensland and t ...
.
The appointment of Powers, along with the concurrent appointment of Albert Piddington
Albert Bathurst Piddington KC (9 September 1862 – 5 June 1945) was an Australian lawyer, politician and judge. He was a member of the High Court of Australia for one month in 1913, making him the shortest-serving judge in the court's hi ...
, was highly controversial. The press considered the two appointees to be insufficiently qualified, and both were criticised for their lack of expertise and experience. There was also controversy arising from Hughes' desire to appoint judges who would be sympathetic to interpreting the power of the Parliament of Australia
The Parliament of Australia (officially the Federal Parliament, also called the Commonwealth Parliament) is the legislature, legislative branch of the government of Australia. It consists of three elements: the monarch (represented by the ...
broadly. Piddington caused the most public outrage for stating his sympathies in a telegram, although Powers had actually prepared many of the arguments Hughes would wish him to uphold on the bench.
While Piddington ultimately resigned, Powers persevered, and remained on the High Court. Later, in 1913, he was made Deputy President of the Commonwealth Court of Conciliation and Arbitration
The Commonwealth Court of Conciliation and Arbitration was an Australian court that operated from 1904 to 1956 with jurisdiction to hear and arbitrate interstate industrial disputes, and to make awards. It also had the judicial functions of in ...
under Justice Higgins, leaving the court on 30 April 1920. He was reappointed as Deputy President on 12 February 1921 and ultimately succeeded Higgins as President on 30 June. As President, Powers introduced the first system of automatic adjustments to the basic wage
A living wage is defined as the minimum income necessary for a worker to meet their basic needs. This is not the same as a subsistence wage, which refers to a biological minimum, or a solidarity wage, which refers to a minimum wage tracking labor ...
to account for changes in the cost of living, applied quarterly. He finally left the Arbitration Court on 25 June 1926.
Later life
Powers was created a Knight Commander of the Order of St Michael and St George
The Most Distinguished Order of Saint Michael and Saint George is a British order of chivalry founded on 28 April 1818 by George IV, George IV, Prince of Wales, while he was acting as prince regent for his father, George III, King George III.
...
(KCMG) in 1929, and on 22 July that year resigned from the High Court. Powers died in Melbourne
Melbourne ( ; Boonwurrung/Woiwurrung: ''Narrm'' or ''Naarm'') is the capital and most populous city of the Australian state of Victoria, and the second-most populous city in both Australia and Oceania. Its name generally refers to a met ...
in 1939 and was buried in Burwood Cemetery
Burwood Cemetery is a cemetery in Burwood, Victoria in Australia. It dates back to 1858, and was originally known as Nunawading General Cemetery. It is known as a resting place of notable figures from Melbourne. The site is operated by Greater M ...
.
References
*
{{DEFAULTSORT:Powers, Charles
Justices of the High Court of Australia
1853 births
1939 deaths
Australian Knights Commander of the Order of St Michael and St George
Australian politicians awarded knighthoods
Mayors of places in Queensland
Members of the Queensland Legislative Assembly
People from Maryborough, Queensland
People from Brisbane