Pope Alexander Cooper

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The Honourable
Sir Pope Cooper
KCMG
Sir Pope Alexander Cooper.jpg
Member of the Queensland Legislative Assembly
for Bowen
In office
24 January 1881 – 5 January 1883
Preceded byHenry Beor
Succeeded byCharles Chubb
4th Chief Justice of Queensland
In office
21 October 1903 – 31 March 1922
Preceded bySamuel Griffith
Succeeded byThomas McCawley
Personal details
Born
Pope Alexander Cooper

(1846-05-12)12 May 1846
Lake George, New South Wales, Australia
Died23 August 1923(1923-08-23) (aged 77)
Brisbane, Queensland, Australia
Resting placeToowong Cemetery
NationalityAustralian
Spouse(s)Alice Frener Cooper (m.1873 d.1900)
Alma materUniversity of Sydney, University of London
OccupationBarrister, prosecutor, judge

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.

Early life[]

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[]

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]

Pope Alexander Cooper's headstone at Brisbane's Toowong Cemetery.

Legacy[]

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. 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[]

References[]

  1. ^ a b c Gill, J.C.H. (1981). "Cooper, Sir Pope Alexander (1846 - 1923)". Australian Dictionary of Biography. Vol. 8. Melbourne University Press. ISSN 1833-7538 – via National Centre of Biography, Australian National University.
  2. ^ "Former Members". Parliament of Queensland. 2015. Retrieved 1 February 2015.
  3. ^ Theodore v Duncan [1919] UKPC 34, [1919] AC 696; (1919) 26 CLR 276, Privy Council (on appeal from Australia).
  4. ^ 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).
  5. ^ Taylor v Attorney-General (Qld) [1918] St R Qd 194, Privy Council.
  6. ^ a b Aroney, N. "Politics, Law and the Constitution in McCawley's Case". (2006) 30(3) Melbourne University Law Review 605.
  7. ^ Judges Retirement Act 1921 (Qld).
  8. ^ McGarvie The Foundations of Judicial Independence in a Modern Democracy (1991) 1 Journal of Judicial Administration 3.
  9. ^ McPherson, BH (1989). The Supreme Court of Queensland 1859-1960. Butterworths. pp. 287–291 & 299–305. ISBN 0409494445.
Legal offices
Preceded by Chief Justice of Queensland
1903–1922 		Succeeded by
Parliament of Queensland
Preceded by Member for Bowen
1881–1883 		Succeeded by

External links[]

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