final judgment of the Court of Claims, and there is hereby authorized to be appropriated such sums as are necessary to pay the final determination of the Commission.

The payment of any claim, after its determination in accordance with this Act, shall be a full discharge of the United States of all claims and demands touching any of the matters involved in the controversy.

(b) A final determination against a claimant made and reported in accordance with this Act shall forever bar any further claim or demand against the United States arising out of the matter involved in the controversy.

DISSOLUTION OF THE COMMISSION

SEC. 23. The existence of the Commission shall terminate at the end of ten years after the first meeting of the Commission or at such earlier time after the expiration of the five-year period of limitation set forth in section 12 hereof as the Commission shall have made its final report to Congress on all claims filed with it. Upon its dissolution the records of the Commission shall be delivered to the Archivist of the United States.

FUTURE INDIAN CLAIMS

SEC. 24. The jurisdiction of the Court of Claims is hereby extended to any claim against the United States accruing after the date of the approval of this Act in favor of any Indian tribe, band, or other identifiable group of American Indians residing within the territorial limits of the United States or Alaska whenever such claim is one arising under the Constitution, laws, treaties of the United States, or Executive orders of the President, or is one which otherwise would be cognizable in the Court of Claims if the claimant were not an Indian tribe, band, or group. In any suit brought under the jurisdiction conferred by this section the claimant shall be entitled to recover in the same manner, to the same extent, and subject to the same conditions and limitations, and the United States shall be entitled to the same defenses, both at law and in equity, and to the same offsets, counterclaims, and demands, as in cases brought in the Court of Claims under section 145 of the Judicial Code (36 Stat. 1136; 28 U. S. C., sec. 250), as amended: Provided, however, That nothing contained in this section shall be construed

as altering the fiduciary or other relations between the United States and the several Indian tribes, bands, or groups.

EFFECT ON EXISTING LAWS

SEC. 25. All provisions of law inconsistent with this Act are hereby repealed to the extent of such inconsistency, except that existing provisions of law authorizing suits in the Court of Claims by particular tribes, bands, or groups of Indians and governing the conduct or determination of such suits shall continue to apply to any case heretofore or hereafter instituted thereunder save as provided by section 11 hereof as to the deduction of payments, offsets, counterclaims, and demands.

SEC. 26. If any provision of this Act, or the application thereof, is held invalid, the remainder of the Act, or other applications of such provisions, shall not be affected.

Approved August 13, 1946. (60 Stat. 1049)

CASES DECIDED

IN

THE COURT OF CLAIMS

July 1, 1946, to January 31, 1947

THE ILLINOIS PURE ALUMINUM COMPANY, A CORPORATION, v. THE UNITED STATES

[No. 46084. Decided October 7, 1946]*

On the Proofs

Requisition of materials by the Government under wartime powers.— Regulations, priorities and controls are vital in wartime and have been repeatedly approved. These wartime rules necessarily affect values, and these conditions, as well as the consequent limitation of the market, must be taken into consideration in arriving at just compensation for goods requisitioned. Same; ascertainment of value of materials requisitioned.-While the Government in wartime has the right to requisition essential materials, nevertheless fine materials are not to be valued along with scrap materials for melting purposes, on a general basis; regardless of cost, finish, or value to the holder. On the other hand, a manufacturer whose material has been requisitioned cannot justly claim a value that would have prevailed had no wartime regulations or controls existed or been necessary. Same; facts in each case controlling.-The actual value of goods requisitioned by the Government under its war powers must be determined from all the facts and circumstances disclosed by the record in each case.

Just compensation, basis of.—Just compensation must be determined on the basis laid down by the authorities.

The Reporter's statement of the case:

Mr. Ernest H. Oliver for the plaintiff. Moyle and Wanlass, and Poppenhusen, Johnston, Thompson and Raymond were on the briefs.

Mr. Armistead B. Rood, with whom was Mr. Assistant Attorney General John F. Sonnett, for the defendant.

*Plaintiff's petition for writ of certiorari denied.

1

Reporter's Statement of the Case

107 O. Cls.

The court made special findings of fact as follows:

1. The plaintiff at all times herein mentioned was and is a corporation organized and existing under the laws of the State of Illinois, having its principal office in Lemont, Cook County, Illinois. The normal business of the plaintiff since before 1900 has been the manufacture of cooking utensils made from aluminum.

2. The outbreak of war in Europe greatly altered the supply and demand factors governing the aluminum market in the United States. In 1939 the only producer of virgin or "primary" aluminum in the United States was the Aluminum Company of America, with production capacity of 350,000,000 pounds per annum. In aluminum and aluminum alloys strength is peculiarly combined with lightness, ease of fabrication, and resistance against both fire and corrosion. Hence the military preparations which followed the outbreak of war in Europe in 1939 produced a tremendous and increasing new demand for aluminum in the United States for use as material in the manufacture of instruments of war, particularly airplanes. By 1941 this accelerating tempo of war production had raised the demand for aluminum to several times the capacity of the monopoly producer.

Early in 1941 the Office of Production Management (which was the War Production Board's predecessor) estimated that production facilities then existing or planned for construction in the United States could turn out 800,000,000 pounds per annum, but this was less than German capacity. The United States Senate Special Committee to Investigate the Defense Program (the so-called "Truman Committee") found in June 1941, that primary aluminum production capacity in German-held territory was then 915,000,000 pounds per annum, which planned additions would increase to 1,385,000,000 pounds by 1943. These figures excluded (a) "secondary" or remelted scrap aluminum; (b) Japanese capacity; and (c) capacity in Russia which was then in imminent danger of German occupation. By contrast, in execution of the United States program of national defense, the Office of Production Management proposed to procure 800,000,000 pounds from domestic primary production, plus 100,000,000 pounds from Canada, plus 300,000,000