Pope Alexander Cooper
Sir Pope Alexander Cooper KCMG (12 May 1846 – 30 August 1923) was an attorney-general and a chief judge of the Supreme Court of Queensland, Australia.
Sir Pope Cooper | |
|---|---|
| Member of the Queensland Legislative Assembly for Bowen | |
| In office 24 January 1881 – 5 January 1883 | |
| Preceded by | Henry Beor |
| Succeeded by | Charles Chubb |
| 4th Chief Justice of Queensland | |
| In office 21 October 1903 – 31 March 1922 | |
| Preceded by | Samuel Griffith |
| Succeeded by | Thomas McCawley |
| Personal details | |
| Born | Pope Alexander Cooper 12 May 1846 Lake George, New South Wales, Australia |
| Died | 30 August 1923 (aged 77) Brisbane, Queensland, Australia |
| Resting place | Toowong Cemetery |
| Spouse | Alice Frener Cooper (m.1873 d.1900) |
| Alma mater | University of Sydney, University of London |
| Occupation | Barrister, prosecutor, judge |
Early life edit
Pope Alexander Cooper was born at Willeroo Station, Lake George, New South Wales, the son of Francis Cooper, a squatter, and his wife Sarah, née Jenkins. Cooper was educated at the Sydney Grammar School and the University of Sydney, where he won the Cooper and Gilchrist scholarships and graduated with a B.A. and in 1868 a M.A. He then went to London where he completed the LL.B. course, became a student of the Middle Temple, and was called to the English bar in June 1872.[1]
Career edit
Cooper returned to Australia and began to practise as a barrister at Brisbane in June 1874. He became a crown prosecutor in January 1879 and entered the Legislative Assembly of Queensland as member for Bowen. On 31 December 1880 he joined the first Thomas McIlwraith ministry as Attorney-General.[2] He resigned this position on 6 January 1883 when he was appointed as a supreme court judge for the northern district of Queensland. His travelling expenses caused some quarrels. In 1895 he became senior puisne judge at Brisbane, and on 21 October 1903 chief justice. There was animosity between the Labor government and the judges, playing out through a series of cases challenging government actions and legislation.[3][4][5][6] The parliament undermined his security of tenure by passing the Judges Retirement Act 1921 (Qld),[7] the effect of which was that immediately upon proclamation three out of six judges, Cooper and Justices Real and Chubb were compulsorily retired, which permitted the government to appoint new judges, including Thomas McCawley as the new Chief Justice.[6][8][9] Cooper died on 30 August 1923.[1]
Legacy edit
In 1873, Cooper married Alice Frener, daughter of James Cooper who died in 1900 leaving a son and two daughters.
He was knighted 1904 and was created a KCMG in 1908.
In 1903 he was elected president of Brisbane's Johnsonian Club.[10] He was chancellor of the University of Queensland from 1915 to 1922.[1]
Cooper had only a short career in parliament but made himself a reputation as a polished speaker. As a judge he was always seeking the essentials of a case and generally adopted a common attitude on legal questions. His summings up were usually brief and to the point. In criminal cases he could be severe though just. In his conduct of the court, though always courteous, he insisted that the dignity of the bench must be upheld, and he was quick to restrain anything in the nature of contempt of court.
See also edit
- Judiciary of Australia
- List of Judges of the Supreme Court of Queensland
- Family tree - Francis Cooper 1811-1885 (his father)
References edit
- ^ a b c Gill, J.C.H. (1981). "Cooper, Sir Pope Alexander (1846 - 1923)". Australian Dictionary of Biography. Vol. 8. National Centre of Biography, Australian National University. ISSN 1833-7538.
- ^ "Former Members". Parliament of Queensland. 2015. Retrieved 1 February 2015.
- ^ Theodore v Duncan [1919] UKPC 34, [1919] AC 696; (1919) 26 CLR 276, Privy Council (on appeal from Australia).
- ^ In re McCawley [1918] St R Qd 62, Supreme Court (Full Court) (Qld). overturned by McCawley v The King [1920] UKPC 22, [1920] AC 691; (1920) 28 CLR 106, Privy Council (on appeal from Australia).
- ^ Taylor v Attorney-General (Qld) [1918] St R Qd 194, Privy Council.
- ^ a b Aroney, N. "Politics, Law and the Constitution in McCawley's Case". (2006) 30(3) Melbourne University Law Review 605.
- ^ Judges Retirement Act 1921 (Qld).
- ^ McGarvie The Foundations of Judicial Independence in a Modern Democracy (1991) 1 Journal of Judicial Administration 3.
- ^ McPherson, BH (1989). The Supreme Court of Queensland 1859-1960. Butterworths. pp. 287–291 & 299–305. ISBN 0409494445.
- ^ "SOCIETY COLUMN". The Telegraph. No. 9, 650. Queensland, Australia. 24 October 1903. p. 4. Retrieved 15 April 2023 – via National Library of Australia.
- Serle, Percival (1949). "Cooper, Pope Alexander". Dictionary of Australian Biography. Sydney: Angus & Robertson. at gutenberg.net.au
- — Brisbane City Council Grave Location Search