HEARING ON H. R. 3661 AWARDING A NAVY CROSS TO JOHN W. THOMASON

HOUSE OF REPRESENTATIVES,

COMMITTEE ON NAVAL AFFAIRS,

Thursday, April 22, 1937.

The committee met at 10:30 a. m., Hon. Carl Vinson (chairman) presiding.

The CHAIRMAN. We will take up for consideration the bill, H. R. 3661, awarding a Navy Cross to John W. Thomason.

The clerk will report the bill and read the report of the Department thereon.

(Said bill and the report of the Department thereon are as follows:)

JH. R. 3661-S. 1112, 75th Cong., 1st sess.]

A BILL Awarding a Navy Cross of John W. Thomason

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That John W. Thomason, major, United States Marine Corps, be awarded, and he is hereby authorized to receive, a Navy Cross, to be prepared under the direction of the Secretary of the Navy, for extraordinary heroism in the battle of Soissons on July 18, 1918, in destroying a machine-gun nest and capturing two machine guns.

[No. 12]

AWARDING A NAVY CROSS TO JOHN W. THOMASON (H. R. 3661). MR. VINSON OF GEORGIA

NAVY DEPARTMENT, Washington, January 19, 1937.

The SPEAKER OF THE HOUSE OF REPRESENTATIVES,

Washington, D. C.

MY DEAR MR. SPEAKER: There is transmitted herewith a draft of a proposed bill awarding a Navy Cross to John W. Thomason.

The purpose of the proposed legislation is to authorize the award of the Navy Cross to Maj. John W. Thomason, United States Marine Corps, for extraordinary heroism in the Battle of Soissons on July 18, 1918, in destroying a machine-gun nest and capturing two machine guns. Legislative authority for this award is necessary because of the provisions of section 7 of the act of February 4, 1919 (40 Stat. 1057; U. S. C., title 34, sec. 360).

Enactment of the proposed legislation would not result in any cost to the Government.

The Navy Department recommends the enactment of the proposed legislation. The proposed legislation is in accord with the program of the President.

Sincerely yours,

CLAUDE A. SWANSON.

The CHAIRMAN. Colonel Arthur, we will be glad to have your statement on this bill.

STATEMENT OF LT. COL. JOHN M. ARTHUR, UNITED STATES MARINE CORPS

Colonel ARTHUR. Mr. Chairman and gentlemen of the committee, the purpose of the proposed legislation, which has been recommended by the Navy Department, and passed by the Senate on February 11, 1937, is to authorize the award of the Navy Cross to Maj. John W. Thomason, United States Marine Corps, for extrarodinary herosim in the battle of Soissons on July 18, 1918. Because of section 7 of the act of February 4, 1919, which provides that no Navy decoration shall be issued to any person after more than 5 years from the date of the act or service justifying the award thereof; and that a recommendation must have been submitted through official channels by a naval superior within 3 years from the date of the act, legislative authority for this award is necessary.

For the information of the committee the following facts, as taken from the records, are submitted:

Major Thomason, as a first lieutenant and captain, served in France and Germany as a member of the American Expeditionary Forces from May 6, 1918, to May 31, 1919. As a member of the Fortyninth Company, Fifth Regiment, United States Marines, he participated in a number of engagements against the enemy, being awarded the Aisne-Marne, the St. Mihiel, and Meuse-Argonne battle clasps, and the Defensive Sector clasp, for active duty in the Chateau Thierry sector (Bois de Belleau) from June 6 to July 16, 1918.

In August 1922, Capt. (now Lt. Col.) Walter T. H. Galliford, United States Marine Corps, formerly commanding Forty-ninth Company, Fifth Marines, Second Division, American Expeditionary Forces, of which Major Thomason as a first lieutenant was second in command, recommended that Major Thomason be awarded the Distinguished Service Cross for extraordinary heroism under heavy machine-gun fire and amidst exploding hand grenades in the Battle of Soissons on July 18, 1918.

The circumstances in connection with the heroic deed of Major Thomason were described by Captain Galliford as follows:

In the Battle of Soissons on 18 July, 1918, at about 5 a. m., Company B (Forty-ninth Company, Marines), Fifth Regiment, Second Division, A. E. F., while attacking through Foret de Retz was held up by violent fire from an enemy machine-gun nest. After heavy casualties in attempting to advance, the enemy's machine-gun nest which prevented Company B's advance was located in heavy underbrush about 50 yards distant. Rather than incur further severe casualties by ordering a rush on the machine-gun nest, Capt. John W. Thomason, Jr. (then a first leiutenant, United States Marine Corps), placed about six men to fire on the machine-gun nest, and, taking a rifle, advanced on the enemy machine-gun nest from a flank accompanied only by Gunnery Sergeant Robert Slover. When in close proximity to the enemy machine-gun nest, and despite numerous hand grenades thrown at them, they destroyed the machine gun nest by shooting 13 Germans and capturing two heavy machine-guns. The company then resumed its advance.

Former Gunnery Sgt. Robert Slover, mentioned by Captain Galliford, submitted a statement certifying to the truth and correctness of the deed as described by Galliford.

Admiral Hugh Rodman, then commandant of the fifth naval district, under whom Galliford was serving at the time, made the following comments in his forwarding endorsement:

While the commandant has no cognizance of the facts therein referred to, on the assumption that they can be substantiated, it would seem that Captain Thomason should be awarded the Army Distinguished Service Cross for extraordinary heroism in the Battle of Soissons.

But it occurs to the commandant that he should have the Navy Cross as wellunder any conditions, he should receive either one or the other.

Under date of January 3, 1923, Brig. Gen. (later Maj. Gen.) Logan Feland, United States Marine Corps, who was commanding officer of the Fifth Regiment, Second Division, A. E. F., on July 18, 1918, did, in a letter to The Adjutant General of the Army, recommend Major Thomason for the award of the Distinguished Service Cross for extraordinary heroism in the battle of Soissons on July 18, 1918. He enclosed Galliford's and Slover's recommendations, and described the circumstances of Thomason's deed substantially the same as in Galliford's recommendation.

The late Maj. Gen. Wendell C. Neville, United States Marine Corps, placed the following forwarding endorsement on General Feland's recommendation:

As the officer who commanded in the battle of Soissons the Fourth Brigade, Second Division, American Expeditionary Forces, of which Capt. John W. Thomason, Jr., was a member, I fully concur in the above recommendation and invite particular attention to the high type of courage displayed by the above deed.

And the then Maj. Gen. Commandant John A. Lejeune commented on the recommendation as follows:

The above recommendation describes an act of heroism which in my opinion comes within the purview of the requirements for an award of the Distinguished Service Cross.

On March 12, 1923, The Adjutant General of the Army advised the Major General Commandant of the Marine Corps that the recommendation in the case of Major Thomason had received careful consideration by the Decoration Board of the War Department and in the opinion of that Board the act in question was not sufficient to justify the award to him of the Distinguished Service Cross. However, they advised that in view of the gallantry displayed he would be cited in War Department General Orders, which citation entitles him to wear the silver star decoration on the ribbon of his Victory Medal. This has since been replaced by the Silver Star Medal.

General Lejeune, the Major General Commandant, in forwarding the citation certificate and Silver Star for his distinguished and exceptional gallantry in action against the enemy, wrote Thomason as follows:

Accept my personal appreciation of the service rendered by you in France, in upholding the highest traditions of the Marine Corps, where your conspicuous gallantry in the face of the enemy caused this decoration to be conferred upon

you.

Under date of September 13, 1935, Major Galliford renewed his recommendation in an official letter to the senior member of the board of awards, Navy Department. That board, after very careful consideration, on September 28, 1935, expressed the opinion that the

pointed out that under existing law the award could not be made and recommended that steps be taken to initiate such special legislation as may be necessary to cover this case and cases of equal merit. The Major General Commandant of the Marine Corps concurred in the board's recommendation, and it was approved by the Secretary of the Navy on October 2, 1935.

The proposed legislation is in accordance with that recommendation. Major Thomason's case is considered to be a singularly meritorious one, and both the Major General Commandant of the Marine Corps and the Navy Department recommend that it receive the favorable consideration of the committee.

The CHAIRMAN. This man was recommended for the Navy Cross on account of heroic conduct in the battle of Soissons during the World War.

Colonel ARTHUR. Yes, sir.

Mr. BATES. Why was he not recommended within the statutory limits?

Colonel ARTHUR. He was recommended in 1922. The citation was forwarded with the approval of Brigadier General Feland, regimental commander; General Neville, brigade commander, and General Lejeune, the Commandant of the Marine Corps. It was sent to the War Department with a recommendation that the Distinguished Service Cross be conferred, but the Adjutant General advised that the War Department Decorations Board had carefully considered the case, and that in their opinion it was not sufficient to justify the award of the Distinguished Service Cross. However, they did issue to him a Silver Star citation for his act of gallantry.

Mr. MAAS. The War Department does award the Distinguished Service Medal in many much less heroic cases.

The CHAIRMAN. We will report Senate bill 1112 in lieu of the House bill.

(On motion of Mr. Maas, the bill S. 1112 was ordered favorably reported, and, thereupon, the committee proceeded to the consideration of other business.)

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AUTHORIZING THE CONVEYANCE TO THE COMMONWEALTH OF VIRGINIA A PORTION OF THE NAVAL RESERVATION KNOWN AS QUANTICO IN PRINCE WILLIAM COUNTY, VA. (H. R. 6104). MR. SMITH OF VIRGINIA

NAVY DEPARTMENT,

Washington, May 10, 1937.

The CHAIRMAN, COMMITTEE ON NAVAL AFFAIRS,

House of Representatives, Washington, D. C. MY DEAR MR. CHAIRMAN: The bill (H. R. 6104) authorizing the conveyance to the Commonwealth of Virginia a portion of the naval reservation known as Quantico in Prince William County, Va., was referred to the Navy Department by your committee with request for opinion as to its merits.

The purpose of this bill is to authorize the Secretary of the Navy in the name and on behalf of the United States of America to convey to the Commonwealth of Virginia upon such terms and conditions as he may prescribe all right, title, and interest of the United States of America in and to that portion of the Marine Corps Reservation, Quantico, Va., comprising the right-of-way of the WashingtonFredericksburg-Richmond Highway within the boundaries of the Marine Corps Reservation, permission for the use of said right-of-way across the Marine Corps Reservation having been given by the Secretary of the Navy in a revocable permit issued to the Commonwealth of Virginia under date of February 10, 1933.

On November 4, 1918, the President, pursuant to the act of Congress approved July 1, 1918 (40 Stat. 704, 738), issued a proclamation (40 Stat. 1874) taking over on behalf of the United States the title to the land comprising the Marine Corps Reservation, Quantico, Va. Within the area thus taken over by the President there were certain streets and highways including the Washington-Fredericksburg-Richmond Highway known as the Jefferson Davis Highway as constructed in 1925.

The United States obtained a good title to the entire tract of land taken over for the Marine Corps Reservation including the streets, highways, and alleys within the tract (see United States v. Prince William County (9 F. Supp. 219); United States v. McIntosh (2 F. Supp. 244, affirmed 70 Fed. (2d) 507, certiorari denied 293 U. S. 586). The Commonwealth of Virginia by act of its legislature approved March 16, 1918 (act of Virginia 1918, ch. 382) gave its consent in accordance with the seventeenth clause, eighth section of the first article of the Constitution of the United States to the acquisition by the United States by purchase, condemnation, lease, or in any other manner whatsoever of any land for military or naval purposes, and it ceded to the United States the exclusive jurisdiction for all purposes in and