, 1957-11-25
LEGISLATIVE RECORD
Continued from Saturday

(Continued from Saturday.
The Courts opinion calls attention to the fact that
the Finance Committee, which was authorized by the
Resolution to conduct the investigation was a standing
committee endowed by Rules Of the Legislature with GER
tain powers including power to act after sine die adjourn
ment Of the Legislature. It would not be c~ontended, we
believe, that if the Legislature cannot by Resolution legal
" set up a special committee to act after sine die ADJOURN
ment of the Legislature that it can accomplish such pur-
pose BY establishing a standing committee and vestlng IT
with such authority. Courts seldom justify the accom-
plishment Of prohibited or unauthorized acts by ndlrec-
ton, evasion and subterfuge. The unacceptable issue with
which we are here concerned is the power to act after
adjournment without authority OF an act OF the Leglsla-
ture. The method by which the committee IS formed
would seem to be unimportant.
Feeling that the Congress had failed to express itself
fully and clearly in the Organic Act, the Court sought It's
meaning and intent in what it did not say. Particular re-
terence is made to the Municipal Councils which existed
under the 1886 Organic Act, and the practice then IN
vogue Of Legislative committees functioning r%outinely
whenever the occasion required, without accommodation
to the conyening or adjournment OF the legislative SEES
sion" The Court suggests that if Congress had intended
changing this practice it would have done SO expressly.
For us it is difficult to imagine what words Congress
could have employed to make its meaning and intent
clearer.
Under the 1886 Act we had two Municipal Councils;
one for st. Thomas and st. John and one for st. Crolx. A
third law making body was the Legislative Assembly,
consisting of the two Municipal Councils meeting in joint
session, with power to enact legislation applicable to the
Virgin Islands as a whole. The 1886 Act provided that
each Council should assemble for ordinary meetings on a
certain day of every second month and Tor extraordinary
meetings at the call Of the Governor or the Chairman OF
the Council. Each Council was empowered to appoint a
Municipal Committee to advise with the Governor con-
corning the management Of the fiscal affairs OF the Muni-
cipality, and concerning matters relating to the Munich
pality.. 1t will be observed that these governing bodies
had no resemblance to legislatures in the States. They
were more in the likeness Of Municipal Councils as we
know them. They could and did remain in almost continu-
GUS session. The Revised Organic Act abolished the two
Municipal Councils and established in their places the
Government Of the Virgin Islands. This new consolidated
government for the whole of the Virgin Islands accommo-
dated itself to the establishment of a legislative body
similar to those existing in the States and by the same
token rendered obsolete the former setup.
It seems logical to suppose that if Congress had the
intent to perpetuate the old system it would have 50 indi-
Gated. It is an elastic Interpretation which can read. into
this enactment an intention to leave unaffected a legisla-
tive setup and practices which Congress SO completely
changed. 1t seems more reasonable to assume that by es-
s~tablishing a legislature which shall have and exercise all