in docket numbered 47568 is filed with the Court of Claims limiting the prayer for relief as to the claim presently stated therein to just compensation based upon the value of surface rights only, in accordance with section 4 hereof. Such amendment when filed shall relate back to the date of filing of the original petition in docket numbered 47568. Upon the approval of this Act, and pending acceptance or rejection of its provisions by the Indians as provided herein, the land described in section 6 shall be withdrawn from lease, location, entry or any form of disposition under the publc land laws except disposition pursuant to valid leases, locations, or other claims that are outstanding as of the date of approval of this Act and that are thereafter maintained in compliance with the laws under which they were initiated.

SEC. 6. The land covered by this Act is that portion of the one million and ten thousand acres of the former Uintah Reservation added to the Uintah National Forest by Executive order dated July 14, 1905 (34 Stat. 3116), which was not included for payment in the Act of February 13, 1931 (46 Stat. 1092), having been separately classified therein as coal lands and described as comprising thirty-six thousand two hundred and twenty-three acres; excluding, however, such portions thereof as have been patented or otherwise disposed of into private ownership without reservation of mineral rights as of the effective date of this Act;

*

SEC. 7. This Act is for the purpose of effecting partial settlement of the claims asserted by the Uintah and White River Bands of Ute Indians against the United States in Court of Claims case numbered 47568 and shall not be construed as giving recognition to any rights or title of the Uintah, White River, or Uncompahgre Bands of Ute Indians except as provided for in this Act.

Approved July 14, 1956.

PUBLIC LAW 814-84TH CONGRESS

CHAPTER 748-2D SESSION

H. R. 12138

AN ACT

Making supplemental appropriations for the fiscal year ending June 30, 1957, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, to supply supplemental appropriations (this Act may be cited as the "Supplemental Appropriation Act, 1957") for the fiscal year ending June 30, 1957, and for other purposes, namely:

CHAPTER XIII

CLAIMS FOR DAMAGES, AUDITED CLAIMS, AND JUDGMENTS

SEC. 1301. For payment of claims for damages as settled and determined by departments and agencies in accord with law, audited claims certified to be due by the General Accounting Office, and judgments rendered against the United States by United States district courts and the United States Court of Claims, as set forth in House Document Numbered 426, Eighty-fourth Congress, $2,683,396, together with such amounts as may be necessary to pay interest (as and when specified in such judgments or in certain of the settlements of the General Accounting Office or provided by law) and such additional sums due to increases in rates of exchange as may be necessary to pay claims in foreign currenty: Provided, That no judgment herein appropriated for shall be paid until it shall have become final and conclusive against the United States by failure of the parties to appeal or otherwise: Provided further, That, unless otherwise specifically required by law or by the judgment, payment of interest wherever appropriated for herein shall not continue for more than thirty days after the date of approval of this Act.

SEC. 1302. There are appropriated, out of any money in the Treasury not otherwise appropriated, and out of the postal revenues, respectively, such sums as may hereafter be necessary for the payment, not otherwise provided for, as certified by the Comptroller General, of judgments (not in excess of $100,000 in any one case) rendered by the district courts and the Court of Claims against the United States which have become final, together with such interest and costs as may be specified in such judgments or otherwise authorized by law: Provided, That, whenever a judgment of a district court to which the provisions of subsection 2411 (b) of title 28, United States Code apply, is payable from this appropriation, interest shall be paid thereon only when such judgment becomes final after review on appeal or petition by the United States, and then only from the date of the filing of the transcript thereof in the General Accounting Office to the date of the mandate of affirmance (except that in cases reviewed by the Supreme Court interest shall not be allowed beyond the term of the Court at which the judgment was affirmed: Provided further, That whenever a judgment rendered by the Court of Claims is payable from this appropriation, interest payable thereon in accordance with subsection 2516 (b) of title 28, United States Code, shall be computed from the date of the filing of the transcript thereof in the General Accounting Office.

Approved July 27, 1956.

(70 Stat. 678, 694.)

CASES DECIDED

IN

THE UNITED STATES COURT OF CLAIMS

February 1, 1956, to April 30, 1956, and other cases not heretofore published. Opinions are not ordinarily published until final judgment is rendered. Cases in which motions have been filed are not published until disposition of such motions.

CENTRAL EUREKA MINING COMPANY (A CORPORATION) v. THE UNITED STATES

No. 49468

ORO FINO CONSOLIDATED MINES, INC. v. THE UNITED STATES

No. 49486

ALASKA-PACIFIC CONSOLIDATED MINING COMPANY v. THE UNITED STATES

No. 49693

IDAHO MARYLAND MINES CORPORATION v. THE UNITED STATES

No. 50182

HOMESTAKE MINING COMPANY v. THE UNITED STATES

No. 50195

(1) BALD MOUNTAIN MINING COMPANY, (3) ALABAMA-CALIFORNIA GOLD MINES COMPANY, (5) CONSOLIDATED CHOLLAR GOULD & SAVAGE MINING COMPANY, (7) ERMONT MINES, INC. v. THE UNITED STATES

No. 50214

[Decided February 20, 1956. Defendant's motion for new trial overruled July 12, 1956]*

*Defendant's petition for writ of certiorari pending.

393549-56

1

Syllabus

On the Proofs

134 C. Cls.

Eminent domain; taking; closing of gold mines as direct result of compliance with War Production Board Order L-208.-Where, on October 8, 1942, the War Production Board, acting under Executive Orders 9024, 9040, 9125, and the Act of June 28, 1940, as amended, and section 120 of the National Defense Act of 1916, issued Limitation Order L-208 prohibiting the use, by owners and operators of gold mines not having serial numbers, of any material, facility or equipment to mine gold or to remove ore or waste from the mines, and ordered the owners and operators of such mines to close down; and where subsequently, pursuant to such order the mines were closed although they could have been profitably operated with the materials, equipment and facilities on hand and without acquiring any additional items subject to Government control; it is held that the gold mine owners' and operators' right to make profitable use of their mining properties was taken for a public purpose in the constitutional sense for the period of such closure. Eminent Domain 2 (7)

Same; right to make profitable use of property is a property right protected by the Fifth Amendment.-While "property" means the physical thing with respect to which the owner thereof exercises rights recognized by law, it also means the group of rights inhering in the owner's relation to the physical thing, as the rights to exclusively possess, use and dispose of the physical thing; the property right involved herein is the right to make profitable use of gold mining properties owned or operated by plaintiffs.

Property 1

Same; physical invasion of private property.—If Government control or dominion over private property is so complete as to deprive the owner thereof of all or most of the beneficial use of his property, that property has been taken in the constitutional sense despite the fact that there has been no actual physical invasion of the property by the Government.

Eminent Domain 2 (1)

Same; deprivation of former owner.—It is the deprivation of the former owner rather than the accretion of a right or interest to the Government which constitutes a taking; destruction of private property for a public purpose amounts to a taking of that property for a public use.

Eminent Domain 2 (1)