The times. [volume] (Washington [D.C.]) 1897-1901, 1900-09-26
MANY QUESTIONS INVOLVED.
The Case Of Fireman seoot. of the
Thomas, Complicated.

Thomas. Complicated. -
An interesting incident involving several
questions concerning the legal status Of
American citizens on board United States
Army transports in foreign waters, and in
cidentaIly the question whether person
employed a United States Government
vessel not ship of war Is subject to tha
Jurisdiction. OF foreign courts while thessss
sci is in a foreign port, has Just been de-
cided by the authorities here The Incl
dent formed the subject of controversy
between this Government and Japan and
nearly resulted IL clash of arms between
United States troops and Japanese police
at Nagasaki.
Melvin C. Scoot. fireman on the United
States transport Thomas. was accused
while the Thomas was at Nagasaki on her
last trip of having assaulted Japanese
boy He took refuge on board the trans
port and the Japanese local authorities
made a demand for his surrender. Captain
Sawteile. the army quartermaster on the
Thomas, declined to give up Scoot Notics
was then served by the Japanese authori-
ties that they would send detail OF men
to take Seoet from the Thomas as the
transport was not vessel OF war and was
therefore subject to the interna tional rules
applying to merchant ships. It was con-
tended also by the Japanese authorities
that Scoot was not an enlisted man of the
United States service, the transport hav-
ing merchant crew. Captain Sawtelle
sent word TO the Nagasaki authorities that
if an attempt were made to arrest Seoot
on the Thomas it would be resisted by
force of arms. The Thomas carried Amer
lean soldiers. who were under Captain
Sawtelle's orders. No attempt to arrest
the man was made and the Thomas sailed
for San Francisco, reaching there Au-
gust 2T.
The controversy was brought to the at
tention of the War Department and the
Judge Advocate General of the army has
rendered an opinion. which has been ap-
proved by the Department, upholding
Captain SawteiIe's course and deny
ing the justice OF the stand taisen
by Japan. He maintains that
transport, while not a vessel of war. is
a ship in the service of the United States
Government. and her officers and crew are
as free from the Jurisdiction of foreign
courts as enlisted men on vessels of the
navy. The precedent established in the
case of Scoot will be followed hereafter.
ard Japan has been SO informed
1t was ascertained that Sco0t was a de-
serter from the navy and on the arrival
of the Thomas at San Francisco he was
SURRENDERED to the naval authorities. Or
derS have been sent to the Navy Depart
ment for his trial By court martial at the
Mare Island Navy Yard on the charge of
desertion- The military and naval author
tiles found SCOTS case troublesome one
and all of the difficulties encountered by
them have not been disposed of. The mill
tary authorities doubted their right to
try him on the charge of assaulting the
Japanese boy. as he was not an enlisted
man in the United States service, but
merely Il member of a merchant crew
employed by the War Department. The
naval authorities were not disposed to try
him on the charge of assault. as the al
legged offence was committed when Scoot
was in the employ of the army. Another
question that has presented Itself is
whether Sccot can be returned to the jur-
isdicticn of the War Department if he is
acquitted of the charge of desertion II
is probable that il ne is acquitted of that
charge the Government will let him go
free.