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, ...

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 and appellate jurisdiction on matters specified within Australia's Constitution. The High Court was established following passage of the '' Judiciary Act 1903''. ...

from 1913 to 1929.

Early life

Powers was born in 1853 in

Brisbane Brisbane ( ) is the capital and most populous city of the Australian state of Queensland, and the third-most populous city in Australia and Oceania, with a population of approximately 2.6 million. Brisbane lies at the centre of the South ...

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 , establishe ...

. He was educated at Ipswich Grammar School and

Brisbane Grammar School , motto_translation = Nothing Without Labour , established = 1868 , type = Independent, day & boarding , gender = Boys , denomination = Non-denominational , slogan = , key_people = , c ...

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 st ...

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 ...

side. After completing his articles of clerkship, 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 B ...

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 ...

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 Assembly ...

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 givin ...

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 Com ...

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 Pla ...

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, 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 States and territories of Australia, 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 o ...

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 The Australian Government Solicitor (AGS) is an Australian public servant and a federal government agency of the same name which provides legal advice to the federal government and its agencies. AGS was originally the Crown Solicitor's Office, ...

.Sir Charles Powers KCMG
,

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-gover ...

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 mo ...

, where he argued many significant constitutional 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

. Nevertheless, Hughes was pleased with Powers' work, and Hughes's opinion was undoubtedly influential when the Fisher government appointed Powers to the

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

, 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 legislative branch of the government of Australia. It consists of three elements: the monarch (represented by the governor- ...

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 int ...

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 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, Prince of Wales, while he was acting as prince regent for his father, King George III. It is named in honour ...

(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 metro ...

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