, 1957-04-10
DISTRICT COURTS RULING ON
LEGISLATIVE COMM. POWERS UPHELD
Continued from yesterday

Thus it appears from the foregoing provisions of the
Standing Rules that the newly organized Legislature of the
Virgin Islands, at its earliest opportunity, construed the Re
5vised Organic Act, as. authorizing it to set up investigating
committees with power to function in the interim between
sessions continuation, in other words, of the practice
which had bec6me familiar under the earlier Organic Act.
To implement these provisions of its Standing Rules, the
First Legislature Of the Virgin Islands, at its regular session
in 1856, enacted a statute (Act No. 86) which was duly signed
by the governor, to provide for the attendance of witnesses
land for the punishment for disobedience to ~subpoenas issued
by the Legislature of the Virgin Islands or any of its COM
mittees. Section lib of Act No. So read: Resolutions of the
Legislature providing for inquiries and investigations shall
contain a limit Of cost Of each such investigation, which limit
shall not be exceeded except by vote, of the Legislature
authorizing additional amounts Section 3 OF the same Act
provided that any person who shall wilfully disobey any
subpoena issued by the legislature OF any Of its authorized
committees, or who shall wilfully refuse to testify before
such bodyaor to produce requested records and documents,
shall be. charged with contempt and upon conviction thereof
shall be subject to specified fine or imprisonment. Section
ID of Act No. SO, which was apparently inspired by Sec. lO(b)
and () of Rule XI Of the Standing Rules of the legislature,
above quoted, provided as follows:
section 4(a). If the contempt is committed before a
committee during a session of the Legislature, the commit
tee shall report the contempt to the legislature for such &C
ton as may be deemed necessary by the legislature.
G) 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 wit
nesses, the giving OF testimony, ana the productlon ! poohS'
papers, documents, and accounts, as required by the sub
poena issued by the committee, on the filing by the commit
tee of a petition to the court asking that the witness be SO
compelled.
Section Of Act No. So provided that proceedings for the
punishment of such contempts should be brought in the
name Of the People and should be prosecuted by the United
States Attorney or his representative.
Appellant comedies that a committee of the legislature
can be authorized to function in the interim between SEES
sions, provided that authorization is contained in a duly
enacted statute presented to the governor for approval. He
insists that, Act No. SO, though it is no doubt a statute, signed
by the. governor, is not a statute authorizing committees OF
the legislature to function in the interim between sessions.
But it NAV be considered, it seems to us, that Act No. SO is a
duly enacted statute delegating to the legislature authority,
lby simple resolution, to set up investigating committees with
ltpoWer to function in the interim, and providing the proce-
dure whereby such an authorized committee IS empowered
to enforce its demands when the legislature is not in session.
However that may be, for the reasons already indicated
1--we think that the legislature already had the power. under