, 1957-12-13
81 Corpus Juris Secundum, Sec. AZ, p. 959
Cooleys' Constitutional Limitations, 9th &c
Carrington) Vol. I, p. 345
QUESTIONS INVOLVED

MM #4
l.. Can the Legislature Of the Virgin Islands by Reso-
luton authorize its Finance Committee to function after
the Legislature has adjourned sine die?
Q. Where there exists an enabling statute authorizing
the Legislature to provide for inquiries and Investigations
after adjournment, by Resolution, does this then empower
the Legislature to authorize its Finance Committee to
function after the Legislature had adjourned sine die?
STATEMENT OF THE CASE
The appellee respectfully presents the statement OF
the case as set forth in the Opinion of the District Court:
"This case has been submitted for final adjudication
on original petition, motion to dismiss, answer ana stpu-
.1atlons covering the essential facts. The proceeding IS a
statutory one authorized by Act No. Sc, First Legislature
Of the Virgin Islands, approved by the Governor on May
"a, 1856. That enactments governs and regulates the
attendance of witnesses before the Legislature and It's
committees, 1t requires that persons generally, and part-
cularly "all officers Of the Government OF the Virgin
Islands, excepting only the Governor himself, shall ap-
pear and give and furnish to the Legislature OF the Virgin
Islands, or any Of it's committees, upon request, such
information, records, and documents as the legislature
or the committee may deem necessary or proper Tor the
achievement Of its legal and authorized purposes 10 en-
force this duty the Legislature itself, when IN session, is
to order the arrest of a contumacious wit
ness. But if a witness refuses to honor a subpoena OF a
legislative committee when the legislature is not in ses-
sion" Section 4 (b) Of the Act specifies that !" the Dis
trict Court of the Virgin Islands may compel the attend
ance of the witnesses. the giving of testimony, and the
production of books, papers, documents, and accounts, as
required by the subpoena issued by the committee, on the
filing by the committee Of a petition to the court asking
that the witness be SO compelled
Relying upon that subsection the Finance Commit
tee Of the Legislature has filed the present petition asking
that the District Court require Percy De Jongh, Commits
Sioner of Finance of the Virgin Islands, to appear before
the committee and produce records Of government expen-
ditures for the period July |, 1854 to September 80, 1854.
The petition alleges that the Finance Committee is a
standing committee Of the Legislature, duly constituted
and empowered to act by and in accordance with the
Standing Rules of that body. In addition, a resolution, Bill
No. 293, passed on the seth Day of the 1856 Regular Ses-
sion of the First Legislature and enrolled on June Z, 1856,
the Goth and last day of that session, instructed the Fin
ance Committee to investigate certain public expendi-
lures, with particular reference to special disbursements
for travel under Act No. 81 of the First Legislature, and
to make a full and complete report to the Legislature at
its next session, regular or special
1T also appears that Rule XI, Section 4 () of the
Standing Rules of the Legislature provides that the
Finance Committee II. shall make such studies and
examinations Of executive departments and agencies as
1T deems necessary or as required by resolutions of the