SCOTT, Eric Oswald Gale

Family Name:

Scott

Given Names:

Eric Oswald Gale

Gender:

Male

Birth-Date:

23 October 1899

Death-Date:

24 June 1986

Marital Status:

Married, 1927

Age:

42 years old

Location:

TAS, Launceston

Occupation:

Museum and Art Gallery Curator, Teacher, Ichthyologist (Fisheries)

Primary Motivation:

Conscientious Objector-Religious Pacifism, Libertarian

Reason for Court Appearance:

[1] Application for full exemption from military duties as a conscientious objector

[2] Appealed against partial exemption from military duties

[3] Refusal to undertake the medical examination

[4] Refused to attend the medical examination

[5] Failure to obey a manpower directive

Court Name and Location:

[1] Court of Petty Sessions, Launceston

[2] Supreme Court, Tasmania

[3] Police Court, Launceston

[4] Police Court, Launceston

[5] Police Court, Launceston

Court Hearing Date:

[1] 23 April 1942

[2] 18 June 1942

[3] 19 August 1942

[4] 5 October 1943

[5] 18 May 1945

Court Outcome:

[1] Granted exemption from combatant military duties only

[2] Appeal was dismissed

[3] Convicted and sentenced to one month’s imprisonment

[4] Convicted and sentenced to three month’s imprisonment from 26 November 1943

[5] Convicted and sentenced to a fine of £20 plus £3/3- plus 6/6 costs, in lieu of one month’s imprisonment

Military Event:

World War 11 1939-1945

Further Information:

Eric Scott was from Launceston in Tasmania. He was married with three children. His wife, Freda Hazel nee Lloyd, fully supported his pacifism and libertarianism. He held a B Sci, was a highly qualified Biologist and was an internationally renowned scholar in fisheries. Until September 1942 he was Curator of the Victoria Museum and Art Gallery in Launceston, Tasmania. His father Herbert Hedley Scott had been the curator before him. He resigned during September 1942 after he had been imprisoned for a failure to attend a mandatory army medical examination. His high community profile worked against him in his struggle to be registered as a conscientious objector, which in turn led to his non-compliance with the war-time legislation.

He made an application to be registered as a conscientious objector on religious grounds. He was opposed to serving in a combatant and non-combatant role. At Launceston Court of Petty Sessions, on 23 April 1942 the Police Magistrate Frank Norwood Stops declared Eric did not hold genuine conscientious belief under the National Security Regulations. He directed that he be enrolled under the Defence Act as a person liable to be called up for service in the Citizen Forces, but to be employed only in non-combatant duties. This was despite Eric informing him that he believed war, and everything connected with war was morally wrong, and that it was morally wrong to use violence or take the life of another human being. He also told the magistrate that he was currently engaged in research work of national importance approved by the Federal and State authorities.

Scott appealed this decision, and it was heard before Justice Hutchins of the Tasmanian Supreme Court on 18 June 1942. He informed Captain TB Brownrigg, the government’s legal counsel, he would not obey any law which conflicted with his conscience. The appeal was dismissed. It appears the main reason for the dismissal by the Judge and government counsel was that Eric stated he would not be willing to undertake mandated duties in providing relief to the sick and wounded, because it was under order. He also said that in a non-combatant role there was also a risk of aiding the war. Eric was motivated by his Christian conscience in opposing the war and conscription. He stated that if the Japanese overrun any part of the British Empire, he was unconcerned as he believed he and his family would be under divine protection. He was also strongly motivated by his opposition to conscription as the government mandated how he should serve his country. To comply was to surrender his conscience.

After he lost the appeal, Eric was called to undertake the army medical examination. He refused to do so. He was summonsed for this offence on 13 August 1942. The Police Court case was heard on 19 August 1942 by Magistrate FN Stops again. The court was informed that when Eric failed to attend the medical the army rang him and asked if he received the notice of attendance. Eric said yes. The army then asked Eric if he intended to present himself for the medical and he responded no. The magistrate was informed by the army that they had no option but to ask the court to enforce the law. It was told they were concerned that if Scott was not punished it would make it difficult to callup other men who were trying to evade their duty. Eric pleaded guilty to the charge and was convicted and sentenced to one month’s imprisonment. Upon his release he was again called to undertake a medical examination on 22 September 1942. Again, he refused to do so, but any prosecution was dropped. His case was proving to be difficult and an embarrassment for the government of the day. The government was inclined to give some leniency to Eric because of his high standing in the community. They felt strong support from a variety of organisations and citizens for him to be reinstated as Curator of the Museum. On the other hand, the military and the local Returned Sailors, Soldiers and Airmen Imperial League of Australia (RSSAIL) were equally strong in their opposition to any leniency, and strongly advocated that the National Security Regulations be enforced. During June 1943 Eric was again called to attend a medical examination. He again refused. He was summonsed again to the Launceston Police Court and a hearing before Magistrate FN Stops. Eric again pleaded guilty to the charge and stated, I believe in Jesus Christ and what I do, I do gladly in his name. He was sentenced to three months’ jail in Hobart.

The Army, and the Federal and local RSSAIL, were still calling for him to be made an example of. The Tasmanian branch protested his release from prison during February 1944. It stated in a letter to FM Forde, Minister for Army, February 1944, Scott has not been imprisoned because he is a conscientious objector, but because he is breaking the laws by refusing to submit himself to a medical examination. They failed to understand that Eric had a conscientious objection to conscription. The local RSSAIL continued in a derisory manner, Mr. Scotts service could have been used in a non-combatant capacity which would not have violated his scruples…to permit Mr. Scott to escape punishment meted out to him for his wilful flouting of that law which would create a manifestly bad impression as well as being grossly unfair to others who have willingly obeyed the call to serve their country.

The Tasmanian military were emphatic that Eric be again directed to undertake the medical and if he refused to be prosecuted again. However, the Attorney General (AG), Dr Evatt, began to take a personal interest in Eric’s case. Whether it was because of this case or other similar cases, the AG introduced a protocol that before a person was prosecuted a third time the paperwork must be submitted to him. The AG ordered that Scott be interviewed in jail (early 1944) about a work placement. Eric refused to follow the order. In correspondence the AG acknowledged that his case was a very difficult one. Pressure was being exerted on the government from many directions including The Society of Friends, Scots Church Hobart, Tasmanian Pacifist Fellowship, Members of Parliament and the Launceston Queen Victoria Museum and Art Gallery. In a letter dated 10 December 1943 was seeking support by the government for Eric be reinstated as Curator, but not mandated under the War Time Regulations, it must be voluntarily. The letter ended, Scott is a highly respected man in the community, of the highest integrity and unblemished character; his scientific knowledge, which if free, he could again place at the service of the community, is unquestioned.

On 20 November 1944, Eric was directed under wartime manpower legislation to commence work at Paton and Baldwins, a woolen mill, in Launceston. He refused to comply with the directive because of his strong libertarianism. He was summonsed for this offence again at the Launceston Police Court, and the case was heard by Magistrate RK Green. Again, Eric pleaded guilty to the charge. He was sentenced to pay a fine of £20 plus £3/3/- legal counsel fees plus 6/6 costs, in lieu of one month’s imprisonment. Scott informed the magistrate that he would take the sentence of imprisonment. It would appear the government ‘gave up’ on Eric as a Directive from Army HQ, dated 18 December 1944, appears to rule out further calls to him for medical examination attendance or mandated work directives.

Eric was Honorary Secretary of the Royal Society of Tasmania 1931- 1937 and 1939-1943. From 1944 to 1964 he taught language and science in Launceston private schools. One can only lament the stupidity of the government in placing a man doing extraordinary research of national importance in a woollen mill because he dared assert his conscience.

Eric Scott died tragically on 24 June 1986 from a car accident. He was 87 years old.

Confirmatory Sources:

NAA; MP742/1; S/2/1233, EOG Scott Launceston Conscientious Objector

Australian Dictionary of Biography Eric Oswald Scott (1899-1986): Compiled Rhonda Hamiliton, 2012. Online: https://adb.anu.edu.au/biography/scott-eric-oswald-15908 accessed 28 August 2024.

Mercury 24 April 1942, p.4; 20 August 1942, p.2; 19 May 1945, p.5.

Advocate 24 April 1942, p.5; 9 June 1942, p.2; 21 May 1945, p.4.

Examiner 9 June 1942, p.4; 19 June 1942, p.4; 20 August 1942, p.4; 19 May 1945, p.6.

News 19 May 1945, p.3.

Herald 19 May 1945, p.7.

Sun, 19 May 1945, p.3.