the determinative resolving of which would appear to depend upon the construction of the contract.

Insofar as the claim may be based upon breach of contract, it would seem to be one for determination by the Court of Claims. That court would appear to be the proper forum for determination of such a claim since it is especially equipped to deal with the construction and interpretation of Government contracts, and to ascertain the amount of damages or loss incurred.

In a memorandum submitted in support of his claim, however, claimant contends that the facts in this case arc unique and are to be differentiated from those present in the cases of other war contractors who have suffered loss or hardship. For this reason, he avers that there is no legal remedy available to him in the Court of Claims and that, since the claim is an equitable one, relief can only be obtained by way of private bill.

Whether the bill should be enacted presents a question of legislative policy concerning which the Department of Justice prefers to make no recommendations. The Director of the Bureau of the Budget has advised this Department that there would be no objection to the submission of the report.

Yours sincerely,

80TH CONGRESS 2d Session

SENATE

{

REPORT No. 1739

REIMBURSING THE LUTHER BROS. CONSTRUCTION CO.

JUNE 16 (legislative day, JUNE 15), 1948.-Ordered to be printed

Mr. WILEY, from the Committee on the Judiciary, submitted the following

REPORT

[To accompany H. R. 6428]

The Committee on the Judiciary, to whom was referred the bill (H. R. 6428) to reimburse the Luther Brothers Construction Co., having considered the same, do now report the bill to the Senate favorably, with an amendment in the nature of a substitute, and recommend that the bill, as amended, do pass.

The amendment is as follows:

Strike out all after the enacting clause and insert in lieu thereof the following:

Jurisdiction is hereby conferred upon the District Court of the United States for the Northern District of Texas to hear, determine and render findings of fact as to the amount of loss, if any, sustained by Luther Brothers Construction Company of Fort Worth, Texas, under Reclamation Bureau Contract numbered I2r-15757 arising out of or attributable to the alleged failure of the Government to supply materials as provided for in said contracts.

SEC. 2. The court shall cause such findings to be certified to the Secretary of the Treasury, who is hereby authorized and directed to pay, out of any money not otherwise appropriated, the amount set forth in said findings to the Luther Brothers Construction Company.

The purpose of the proposed legislation is to authorize a judicial finding of fact in connection with certain alleged losses sustained by this company as a result of alleged failure on the part of a Government agency to carry out its part of the contract.

The facts in this case are fully set forth in House Report No. 2067, Eightieth Congress, second session, and need not be reprinted here.

O

80TH CONGRESS 2d Session

}

SENATE

{{No. 1740

REPORT

AUTHORIZING THE ATTORNEY GENERAL TO ADJUDICATE CERTAIN CLAIMS RESULTING FROM EVACUATION OF CERTAIN PERSONS OF JAPANESE ANCESTRY UNDER MILITARY ORDERS

JUNE 16 (legislative day, JUNE 15), 1948.-Ordered to be printed

Mr. COOPER, from the Committee on the Judiciary, submitted the following

REPORT

[To accompany H. R. 3999]

The Committee on the Judiciary, to whom was referred the bill (H. R. 3999) to authorize the Attorney General to adjudicate certain claims resulting from evacuation of certain persons of Japanese ancestry under military orders, having considered the same, do now report the bill to the Senate favorably, with amendments, and recommend that the bill, as amended, do pass.

The amendments are as follows:

1. Page 1, line 3, strike out "adjudicate" and insert "determine according to law".

2. Page 1, line 7, beginning with the word "and" strike out all down through the word "prescribe" in line 8.

3. Page 1, line 9, after the word "limitation" insert "as to amount". 4. Page 2, line 13, beginning with the word "Existence" strike out all down through the word "case." in line 18.

5. Page 3, line 3, beginning with the word "who" strike out all down to the semicolon in line 4 and insert in lieu thereof "by and on behalf of any alien who on December 7, 1941 was not actually residing in the United States;".

6. Page 3, line 16, strike out "suffering." and insert in lieu thereof the following: "suffering; and (5) for loss of anticipated profits or loss of anticipated earnings."

6a. Page 3, line 13, strike out the word "and".

7. Page 3, line 22, beginning with the word "any" strike out all down through the period in line 23.

8. Page 4, line 6, beginning with the word "any" strike out all down through the period in line 9.

9. Page 4, line 15, beginning with the word "service" strike out all down through the word "request" in line 17 and insert in lieu thereof "service".