1931, English, No linguistic content, Photograph edition: Mr Loxton of the King's Council and Mr Kitto walking down a city street, Sydney, 1931 [picture].

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Mr Loxton of the King's Council and Mr Kitto walking down a city street, Sydney, 1931
 
Bookmark: http://trove.nla.gov.au/version/201468393
Physical Description
  • 1 negative : glass, b&​w ; 8.3 x 10.8 cm.
Published
  • 1931.
Language
  • English
  • No linguistic content

Edition details

Title
  • Mr Loxton of the King's Council and Mr Kitto walking down a city street, Sydney, 1931.
Other Creators
  • Fairfax Corporation.
Published
  • 1931.
Medium
  • [picture]
Physical Description
  • 1 negative : glass, b&​w ; 8.3 x 10.8 cm.
Series
Part Of
  • In collection: Fairfax archive of glass plate negatives.
Notes
  • Title devised from accompanying information where available.
  • Part of the: Fairfax archive of glass plate negatives.
  • Fairfax number: 6431.
  • Also available online :http:/​/​nla.gov.au/​nla.obj-161877953
  • Acquired from Fairfax Media, 2012.
Terms of Use
  • Restrictions on publication apply.
Language
  • English
  • No linguistic content
Libraries Australia ID
Contributed by
Libraries Australia

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Library Access Call number(s) Formats held Language
National Library of Australia. Open to the public 6267165; PIC/15611/8094 LOC Cold store PIC/15611; Fairfax archive of glass plate negatives Photograph English; No linguistic content
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Library Access Call number(s) Formats held Language
National Library of Australia. Open to the public 6267165; PIC/15611/8094 LOC Cold store PIC/15611; Fairfax archive of glass plate negatives Photograph English; No linguistic content
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public:q.m.
2017-11-15 20:39:45.0

http://trove.nla.gov.au/newspaper/article/225339868 - this pic of barristers E.J. Loxton, K.C. (left) and Frank Kitto (right) appeared in the Sun pictorial on 23rd December, 1930...it was taken in Sydney earlier that day, near the then Supreme Court building, where Loxton and Kitto were appearing for the 2nd etc defendants (NSW Premier Jack Lang and Cabinet) in an injunction brought before the NSW Supreme Court by NSW MLCs Arthur Trethowan and Thomas Playfair to stop the abolition of the NSW Legislative Council...Kitto had stepped in to take the place of Bert Evatt, who had initially been counsel for the defendants, but relinquished the position when he was appointed to the High Court of Australia on 19th December, 1930...

https://en.wikipedia.org/wiki/Frank_Kitto - Kitto's Wikipedia entry...

public:q.m.
2017-11-16 14:48:57.0

IN PROGRESS

Some background:

Within weeks of taking office after the October 1930 State election, NSW Premier Jack Lang moved to abolish the NSW Legislative Council…this had been one of the key policies Lang put before voters during the election campaign…and given the size of Labor’s win, it was widely acknowledged that Lang had a mandate to abolish the Council…

However the issue was complicated. Following Lang's unsuccessful attempt to abolish the Legislative Council in 1925 (during Labor's previous term in office), the subsequent Bavin Nationalist Party Government took steps to shore up the position of the Legislative Council by passing an amendment to the NSW Constitution Act (Section 7A) which was intended to ensure that the Legislative Council could only be abolished via a referendum…so in December 1930, when Lang introduced bills into the NSW Parliament to repeal Section 7A and to also abolish the Legislative Council, things became interesting…Section 7A stipulated that the abolition of the Legislation of the Legislative Council required the consent of both houses of parliament, followed by approval at a referendum…and Section 7A also included an entrenchment provision which stipulated that Section 7A itself could only be repealed in the same manner (ie. via a referendum, etc)…

When the bills to repeal 7A and abolish the Legislative Council were introduced into the Legislative Council, on the advice of the Legislative Council President Sir John Peden, the Nationalist and Country Party etc MLCs voted with the Government and passed the bills without challenge...however, this was simply a tactic which then provided an avenue via which the bills could be challenged in the courts…whereupon NSW MLCs Arthur Trethowan and Thomas Playfair sought an injunction in the NSW Supreme Court to stop Legislative Council President Sir John Peden forwarding the bills to the NSW Governor for royal assent…the argument being that the bill to repeal Section 7A was unconstitutional…Peden was of course only technically a defendant...he strongly opposed the abolition of the Legislative Council. NSW Premier Jack Lang and his Cabinet (the 2nd etc defendants) were in effect the actual defendants...

The barristers we see in these NLA Fairfax 'Trethowan v Peden' pics (click on the tag to the left) were very much the leading constitutional lawyers in NSW at the time...

http://trove.nla.gov.au/newspaper/article/225346615 - the Sun, 11th December, 1930...report on the first day of proceedings...