Imprisonment of John Drayton
Encyclopedia
The imprisonment of John Drayton in 1904 was the first and, until 1995
, only, time that an Australian parliament
punished somebody under parliamentary privilege
provisions.
The incident arose over the forfeiture and subsequent reinstatement of a gold mining lease. The lease, known as "The Empress of Coolgardie
", was owned by the Phoenix Company, which went into liquidation
in 1902. The following year a prospector named Daniel Browne applied for forfeiture of the lease on the grounds that it had not been worked properly by the owner. The Phoenix Company responded with the assertion that it was protected from the labour conditions of the lease under the Companies Act
, because it was in liquidation. This argument was initially rejected, and the lease forfeited. Eventually, however, the matter came to the attention of the Attorney-General of Western Australia
, Sir Walter James
, who ruled that the forfeiture was not valid. The lease was then reinstated.
During this incident, John Drayton was the editor of a Kalgoorlie
newspaper
called the Sun. The Suns coverage of the incident included allegations that the then Minister for Mines, Henry Gregory
, had "robbed the prospector to reward the capitalist", and was to blame for the reinstatement of the lease.
Late in 1904, the Legislative Assembly
established a Select Committee to look into the incident. A number of witnesses, including Drayton, were summons
ed to appear before the committee on 30 October. On receiving his summons, Drayton reportedly stated that he did not intend to answer it, and accordingly he was not present at the appointed time. After receiving a telephone call from the Clerk of the House, Drayton did eventually attend, but refused to be sworn or provide any information, on the grounds that what he had published was hearsay
.
When Drayton's refusal to cooperate with the Select Committee was announced to the Legislative Assembly on 1 November, the Premier of Western Australia
, Henry Daglish
moved that Drayton be fined £100. Two days later it was discovered that the amount of the fine exceeded limits imposed by the Standing Orders of the Legislative Assembly, and the fine was reduced to £50.
Drayton responded by writing a letter to the House, claiming to be unable to pay the fine. The Assembly then resolved that Drayton be imprisoned either until he paid the fine or until the end of the current parliamentary session. Drayton was taken into custody on 12 November 1904.
On 8 December, Drayton's imprisonment was raised again in the Assembly. Some members were concerned that the incident was being viewed as an attack on the freedom of the press
, while others argued that the House had been too hasty in deciding to use its powers in this way. It was then decided that Drayton had been sufficiently punished, and his release was ordered.
1995 in Australia
-Incumbents:*Queen of Australia – Elizabeth II*Governor General – Bill Hayden*Prime Minister – Paul Keating*Premier of New South Wales – John Fahey, then Bob Carr*Premier of South Australia – Dean Brown*Premier of Queensland – Wayne Goss...
, only, time that an Australian parliament
Parliaments of the Australian states and territories
The Parliaments of the Australian states and territories are legislative bodies within the federal framework of the Commonwealth of Australia. Before the formation of the Commonwealth in 1901, the six Australian colonies were self-governing, with parliaments which had come into existence at various...
punished somebody under parliamentary privilege
Parliamentary privilege
Parliamentary privilege is a legal immunity enjoyed by members of certain legislatures, in which legislators are granted protection against civil or criminal liability for actions done or statements made related to one's duties as a legislator. It is common in countries whose constitutions are...
provisions.
The incident arose over the forfeiture and subsequent reinstatement of a gold mining lease. The lease, known as "The Empress of Coolgardie
Coolgardie, Western Australia
Coolgardie is a small town in the Australian state of Western Australia, east of the state capital, Perth. It has a population of approximately 800 people....
", was owned by the Phoenix Company, which went into liquidation
Liquidation
In law, liquidation is the process by which a company is brought to an end, and the assets and property of the company redistributed. Liquidation is also sometimes referred to as winding-up or dissolution, although dissolution technically refers to the last stage of liquidation...
in 1902. The following year a prospector named Daniel Browne applied for forfeiture of the lease on the grounds that it had not been worked properly by the owner. The Phoenix Company responded with the assertion that it was protected from the labour conditions of the lease under the Companies Act
Companies Act
Companies Act is a stock short title used for legislation in the United Kingdom and South Africa relating to company law....
, because it was in liquidation. This argument was initially rejected, and the lease forfeited. Eventually, however, the matter came to the attention of the Attorney-General of Western Australia
Attorney-General of Western Australia
The Attorney-General of Western Australia is the member of the Government of Western Australia responsible for maintenance and improvement of Western Australia's system of law and justice. Before the advent of representative government in 1870, the title was Advocate-General of Western Australia...
, Sir Walter James
Walter James
Sir Walter Hartwell James KCMG KC was the fifth Premier of Western Australia and an ardent supporter of the federation movement....
, who ruled that the forfeiture was not valid. The lease was then reinstated.
During this incident, John Drayton was the editor of a Kalgoorlie
Kalgoorlie, Western Australia
Kalgoorlie, known as Kalgoorlie-Boulder, is a town in the Goldfields-Esperance region of Western Australia, and is located east-northeast of state capital Perth at the end of the Great Eastern Highway...
newspaper
Newspaper
A newspaper is a scheduled publication containing news of current events, informative articles, diverse features and advertising. It usually is printed on relatively inexpensive, low-grade paper such as newsprint. By 2007, there were 6580 daily newspapers in the world selling 395 million copies a...
called the Sun. The Suns coverage of the incident included allegations that the then Minister for Mines, Henry Gregory
Henry Gregory (politician)
Henry Gregory was an Australian politician. Born in Kyneton, Victoria, where he was educated, he moved to the Western Australian goldfields in 1894. He became Mayor of Menzies Shire as well as a stockbroker, farmer and press proprietor...
, had "robbed the prospector to reward the capitalist", and was to blame for the reinstatement of the lease.
Late in 1904, the Legislative Assembly
Western Australian Legislative Assembly
The Legislative Assembly, or lower house, is one of the two chambers of parliament in the Australian state of Western Australia. It sits in Parliament House in the state capital, Perth....
established a Select Committee to look into the incident. A number of witnesses, including Drayton, were summons
Summons
Legally, a summons is a legal document issued by a court or by an administrative agency of government for various purposes.-Judicial summons:...
ed to appear before the committee on 30 October. On receiving his summons, Drayton reportedly stated that he did not intend to answer it, and accordingly he was not present at the appointed time. After receiving a telephone call from the Clerk of the House, Drayton did eventually attend, but refused to be sworn or provide any information, on the grounds that what he had published was hearsay
Hearsay
Hearsay is information gathered by one person from another person concerning some event, condition, or thing of which the first person had no direct experience. When submitted as evidence, such statements are called hearsay evidence. As a legal term, "hearsay" can also have the narrower meaning of...
.
When Drayton's refusal to cooperate with the Select Committee was announced to the Legislative Assembly on 1 November, the Premier of Western Australia
Premier of Western Australia
The Premier of Western Australia is the head of the executive government in the Australian State of Western Australia. The Premier has similar functions in Western Australia to those performed by the Prime Minister of Australia at the national level, subject to the different Constitutions...
, Henry Daglish
Henry Daglish
Henry Daglish was the sixth Premier of Western Australia and the state's first Labor Premier.Henry Daglish was born in Ballarat West, Victoria on 18 November 1866. He was educated in Geelong, and attended Melbourne University...
moved that Drayton be fined £100. Two days later it was discovered that the amount of the fine exceeded limits imposed by the Standing Orders of the Legislative Assembly, and the fine was reduced to £50.
Drayton responded by writing a letter to the House, claiming to be unable to pay the fine. The Assembly then resolved that Drayton be imprisoned either until he paid the fine or until the end of the current parliamentary session. Drayton was taken into custody on 12 November 1904.
On 8 December, Drayton's imprisonment was raised again in the Assembly. Some members were concerned that the incident was being viewed as an attack on the freedom of the press
Freedom of the press
Freedom of the press or freedom of the media is the freedom of communication and expression through vehicles including various electronic media and published materials...
, while others argued that the House had been too hasty in deciding to use its powers in this way. It was then decided that Drayton had been sufficiently punished, and his release was ordered.