John Peden (politician)

John Beverley Peden was born on 26 April 1871, the second son and sixth child of Magnus Jackson Peden, merchant and farmer, later mayor of Randwick and of Bega, and his wife Elizabeth Neathway Brown. His maternal family had migrated to Australia in the 1820s and his paternal family in the 1830s. His Grandfather, David Peden, was an Alderman of the Sydney Municipal Council from 1849 to 1853. Peden was educated at Bega Public School and eventually moved to Sydney Grammar School, where he won the Knox prize. Upon leaving secondary school, Peden matriculated in 1889 to the University of Sydney, from where he graduated with a Bachelor of Arts in 1892 with first-class honours in Latin and in logic and mental philosophy. Following this he commenced law studies and during this time was vice-warden of his residential college, St Paul's College (1892–1898), assistant lecturer in Latin (1896), president of the University of Sydney Union (1893–1894 and again in 1910–1911) and of the Undergraduates' Association, and editor of the university literary journal Hermes (1895). In 1898 he graduated with a Bachelor of Laws with first-class honours and the University medal. On 4 August 1898, was called to the Bar of New South Wales and worked in the chambers of Sydney barrister Richard Meares Sly. That same year he also served as joint secretary of Australasian Association for Advancement of Science. ==Legal and academic career==

Appointed in 1902 a part-time Challis lecturer in the law of property at the university, on 21 December 1904 he married Margaret Ethel Maynard at St Philip's Church, Sydney, and had two daughters, Margaret Elizabeth Maynard Peden and Barbara Constance Wyburn Peden. By 1910 his reputation was significant enough to be appointed Challis Professor of Law for the Sydney Law School, serving concurrently as dean of the faculty, and, consequently, as a fellow of the University of Sydney Senate. An authority on Australian and New South Wales constitutional law, in 1921–1931 Peden served as the sole royal commissioner on law reform in New South Wales, acting as a precursor to the Law Reform Commission of New South Wales, and in 1927–1929 was chairman of the Federal Royal Commission on the Commonwealth Constitution. Although appointed as a King's Counsel in December 1922, Peden declined several offers of appointment to the Supreme Court of New South Wales. Nevertheless, Peden was made emeritus professor and retired in 1942. ==Political career==

On 6 May 1917 Peden was given a life appointment to the New South Wales Legislative Council by Governor Sir Gerald Strickland on the advice of Premier William Holman, taking up his seat as a Nationalist on 17 July 1917. Appointed by Governor Sir Dudley de Chair as President of the Legislative Council from 1929, Peden was a leader in the opposition to Labor Premier Jack Lang's attempts to abolish the council. He drafted section 7A of the Constitution Act of 1902, added by amendment in 1929, to ensure that the council could not be abolished, nor its powers be altered, except through the expression of the people through a referendum. Lang's inability to gain control in the Upper House obstructed his legislative program and, following a long-standing Labor policy to abolish the Legislative Council (Queensland Labor had been similarly successful in 1922), in November 1930, claiming a mandate to abolish the Council, Lang's Labor MLCs put forward two bills, one to repeal section 7A and the other to abolish the Council. Lang had requested Governor Sir Philip Game and his predecessor, De Chair, for sufficient appointments to the Legislative Council in order to pass these bills, but on each occasion was met with refusal. Believing that a referendum was necessary before the bills could become law as per Peden's legal reasoning, the Legislative Council permitted the bills to pass without a division on 10 December. Lang then announced his intention of presenting the bills for Game's Royal assent without a referendum. The following day, two members of the Legislative Council, Thomas Playfair and Arthur Trethowan, applied for and were granted an injunction preventing Lang and his ministers from presenting the bills to the Governor without having held a referendum. Peden, despite being named as the first defendant, did not defend the case as he was convinced of section 7A's validity under the Colonial Laws Validity Act 1865. On 23 December the Supreme Court of New South Wales in the case of Trethowan v Peden, upheld the injunction and ordered the government not to present bills to abolish the council for royal assent, unless ratified by the electors in a referendum. Lang immediately prepared an appeal to the High Court of Australia. In the case of Attorney-General (New South Wales) v Trethowan, the appeal was rejected by a majority of the court. Lang then appealed this decision to the Judicial Committee of the Privy Council in London, however the Privy Council delayed hearing the appeal until April 1932. The appeal was finally resolved with the judgment of the Judicial Committee of the Privy Council on 31 May 1932 which dismissed the appeal by the Government of New South Wales. The bills repealing Section 7A and abolishing the Legislative Council could not therefore be presented to the Governor for assent until they had been passed in a referendum. and was the first elected president of the council. He did not stand for reelection on the expiry of his term, retiring in 1946. ==Later life==

In later years, Peden served as president of the Japan-Australia Society and was a farmer at his rural property in Cobargo, near Bega. A prominent Anglican, Peden was chancellor of the Anglican dioceses of Bathurst and Newcastle and was involved in drafting a new constitution for the Church of England in Australia. On 22 April 1946, Peden retired from the council and remains the longest-serving president of that body. On his retirement from politics, his colleague Sir Henry Manning noted: "By a proper appreciation of the duties of his office, Sir John, a great scholar, a great statesman, and a great constitutionalist, established traditions for this Chamber and for the public life of New South Wales." ==References==