Pierce Butler

“ The United States admits that market value is usually the basis for ascertaining the pecuniary equivalent, but suggests that sometimes an article has no market price, and that in such case 'proof of real value' is admissible, and that therefore 'market value' and 'just compensation' are not necessarily synonymous. The court below excluded evidence offered by the United States to show the owner's cost of production and a reasonable profit. This ruling was right, because it was shown beyond controversy that there were market prices prevailing when and where the coal was taken. ”

“ The ascertainment of compensation is a judicial function, and no power exists in any other department of the government to declare what the compensation shall be or to prescribe any binding rule in that regard. ”

“ The United States contends that the court erred in refusing, under the circumstances disclosed, to allow it to introduce evidence of the 'real' value of the coal as distinguished from its market value, and in holding that spot export prices controlled in determining just compensation, and further that, even if such market prices are taken, it was error to exclude evidence of domestic prices. ”