
    SARAH JONES BELLAH, Administratrix, v. THE UNITED STATES.
    [Congressional,
    10290.
    Decided April 4, 1904.]
    
      On the Proofs.
    
    Tlie Senate refers under the Tucker Act a bill directing the Secretary of War to investigate a claim for the taking of salt works in Georgia, and directing the Secretary when such 'investigation shall be completed to report the result thereof with his recommendation to Congress.
    The Tuclcer Act, 30 March, 1887 (24 Stat. L., p. 505, § 14), provides that either House of Congress may refer to the Court of Claims any bill “ fur the payment of a claim against the 
      
      United States." .Where tlie bill referred does not provide for tlie payment of a’ claim to any beneficiary whomsoever, but is simply a direction to tlie Secretary of War to investigate concerning the alleged taking or destruction of property, it is not a bill contemplated by tlie statute, and tlie court is without jurisdiction.
    
      The Reporters’ statement of tlie case:
    Tlie following bill was referred to the court June 5, 1900, by resolution of the United States Senate under an act of Congress approved March 3,1887, known as the Tucker Act:
    [Fifly-sixtli Congress, first session. S. 3013.]
    “A BILL for tlie relief of the heirs of James W. Bellali, deceased.
    “ Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of Mar be, and he is hereby, authorized and directed to cause to be investigated by the Quartermaster’s Department of the United States Army the alleged taking by the United States authorities, for the United States troops, during the years eighteen hundred and sixty-four and eighteen hundred and sixty-five, of a certain salt works and a quantity of salt, the salt works formerly situated in White Bluff, Georgia, alleged to have been the property of the late James W. Bellah, of the State of Georgia, and to have been destroj^ed by troops of the United States; such investigation to extend to the title of the property and the incumbrances thereon, the value of the property destroyed, the circumstances of the destruction, and by whose direction, authority, or permission it was destroyed, and the reasons for the neglect to give notice to the War .Department at or soon after the destruction occurred; and when such investigation shall be completed the Secretary of War shall report the result thereof with his recommendation thereon to Congress for action in the premises.”
    The petition was filed in this court May 10, 1901, in which the following allegations are made:
    That during the war for the suppression of the rebellion James W. Bellali, deceased, resided in Pike County, State of Georgia, and owned and was operating a certain salt works situated at White Bluff, in said State; that the buildings and appurtenances thereto, comprising said salt works, were taken possession of bjr the military authorities of the United States, under command of General Sherman, and destroyed during the month of December, 1864; that the value of the same was $24,000.
    That during said war there was taken from the decedent by the military forces of the United States by proper authority, for the use of the Army, property as follows:
    27 mules, at $200 each_$5, 400
    10 wagons ancl harness_ 1, 500
    500 bushels of salt, at $4 per bushel_ 2, 000
    Total_ S, 900
    The case was brought to a hearing on loyalty and merits.
    
      Mr. W. G. Henderson and Mr. G. IF. Z. Black for the claimant.
    
      Mr. John Q. Thompson (with whom was Mr. Assistant Attorney-General Pradt) for the defendants.
   Per Curiam:

The above bill was referred to this court by the Senate “ in pursuance of the provisions of an act entitled ‘An act to provide for the bringing of suits against the Government of the United States,’ approved March 3, 1887,” popularly known as the Tucker Act. That statute provides (24 Stat. L., p. 507, § 14) : “ That whenever any bill, except for a pension, shall be pending in either Plouse of Congress providing for the payment of a claim against the United States, legal or equitable, or for a grant, gift, or bounty to any person, the House in which such bill is pending may refer the same to the Court of Claims.” In this case the bill does not provide for “ the payment of a claim,” or for “ a grant, gift, or bounty ” to any beneficiary whomsoever. It purports simply to be a direction by Congress to the Secretary of War requiring the Quartermaster’s Department to investigate an alleged taking and destruction by the troops of the United States of certain property, with the further direction that “ when such investigation shall be completed the Secretary of War shall report the result thereof with his recommendation thereon to Congress for action in the premises.”. .The court is of the opinion that, this not being a bill contemplated by the statute, the court is without jurisdiction of the case, and it will be so reported to Congress.  