, 1957-11-16
LEGISLATIVE RECORD
Continued from yesterday

CONTINUED from yesterday
In fact, the Congress was not content to leave II 70
implication that the legislature had inherent power 70
investigate as a necessary incident to, It's power 70 leglS-
late. It conferred upon the legislature explicitly the power
"a investigate. In s. 6 (g) the Congress provided: Inc
legislature shall be the sole Judge of the elections and
qualifications of its members, shall have ana exercise al
the authority and attributes. inherent IN leglslatlve ASSEM-
bhes, and shall have the power to institute ana conauct
investigations. issue subpoena to witnesses ana otneI
parties concerned, and administer oaths, 700 otat' 1897
Note that the power to investigate IS conferred as a sep
arate and distinct power, not as a power dependent ior
its functioning upon a presently existing power TO iegls-
late. The omission of any such limitation is, we think,
quite significant.
The Revised Organic Act became law on July ~,
1854. Under it the first annual session OF the Legislature
Of the Virgin Islands commenced on the second Monday
of January, 1855. Isl (al, 68 Stat. 500 The Legislature
promptly concerned itself with drafting its standing
Rules. which were adopted by resolution OF the legsla-
ture on February /, 1855. In these Standing Rules the
legislature provided for several so-called standing COM
mittees Of the legislature, including a COMMITTEE on
Finance. In S. 4(al of Rule XI, it provided that the Com
mittee on Finance shall make such studies and examlna-
lions Of executive departments and agencies as 1t deems
necessary or as required by resolutions of the legislature
or by law Section Alb provided: The committee on
Finance shall continue in existence during any recess OF
the legislature and after final adjournment and until the
converting Of the next legislature and shall have the same
powers and duties as when the legislature is IN session.
Section Z contained a more general provision, applicable
to each standing committee in the legislature, lnstructng
1t to serve as an investigating comHnlttee Win power "
act during the sessions Of the legislature, including any
recess, and after final adjournment, and until the COM.
mencement Of the next legislature with authority to file
it's report not later than the fifth legislative day OF said
next legislature. The committees shall also act after final
adjournment in accordance with resolutions OF the legis-
lature, and as may be prescribed by law. Each such COM
mittee shall have all the powers conferred upon inves-
tigating committees by the Rules of the legislature" Sec
ton 10 authorized each standing committee to Subpoena
witnesses and documents. Subsection la of this section
provided that, if any witness neglects or refuses to obey
a subpoena or neglect or refuses to testify or to produce
documents under his control, he has committed a con-
tempt" Subsection (b) provided that if the contempt is
committed before a committee during a session OF the
legislature, "the committee shall report the contempt to
the legislature for such action as may be deemed neces-
sary by the legislature" Subsection (c) provided: If the
contempt is committed before a committee when the
legislature is not in session, the District Court of the
Virgin Islands may compel the attendance Of the witness,
the giving of testimony and the production of books,
papers, documents and accounts, as required by the sub