, 1957-12-20
LEGISLATIVE RECORD
Continued from Wednesday,

before considering the numerous decisions support
inc the above conclusion, the existence Of certain matters
Of fact should be recognized.
First. Where a committee is created and invested
with authority to investigate certain matters Dy y pas
sage Of an act which is approved by the Chief executive
Il onerates as a legally constituted commission ana It's
powers and authority are derived from the statute dlu
not delegated to it by the Legislature. IL IS minaeelldl
whether it's members are legislators or not, since tney
Aft As commissioners and not as members OF the Legs
lature.
Second. In some jurisdictions, a joint or concurrent
resolution Of the Legislature, if approved by the Governor
becomes a law. A committee created by sucn a resolutlol'
therefore, becomes a statutory commission deriving lts
authority from the resolution. In the statement OF 1acts at
tha BEGINNING Of this memorandum it was pointed out that
the Virgin Islands Legislature can enact laws Only ny Tie
massage Of 4 bill containing an enacting clause and pre-
sented to the Governor. There can be no contention mere
that the resolution Of the Legislature was a law.
Third. Since the Legislature is ~unicameraL ana
since ii. cannot enact legislation by a mere resolution,
adoption of a resolution by the Legislature has the same
effect as the adoption Of a resolution by one house OF a
bicameral legislature or adoption OF q JOINT or concurrent
resolution by both houses where such resolutlons 40 not
hacome laws or have the force and effect Of laws.
The remarkable unanimity of the decisions OF the
state courts in their adherence to the proposition stated
above is discussed in two decisions OF the Supreme Court
Of California. The court, in those companion cases. exam
ined the numerous decisions on the question ana, IN TWO
well considered opinions, which were affirmed upon re-
hearing, reaffrmed the rule that a legislature cannot, IN
the absence Of specific legislation, invest a legislative COM
mittee with power or authority to function after adjourn
ment sine die of the legislature.
In Petition Of Special Assembly Interim Committee
on Public Morals. 10 Cal. I'd 497, 80 P. I'd 34 prior
opinion 83 p. I'd 932, the state assembly created by reso-
luton ten interim committees, among them the Commit
tee on Public Morals, appropriated a sum for expenses OF
the committees, authorized the committee to summon and
subpoena witnesses. required the production of papers, ac-
counts. etc. and to take all necessary means to compel the
attendance Of witnesses and tc procure testimony. The
committees were to report to the next session OF the legls-
lature. The legislature then adjourned sine die. Thereafter
the committee called a meeting of its membership and
subnoenaed eleven witnesses. These witnesses refused to
testify on the ground the committee had no lawful exist
ence. mereupon the committee filed a petition in the Los
Angeles Superior Court to compel the giving OF testimony.
committee was without authority to sit after adjournment
of the legislature sine die. The committee appealed. The
Supreme Court held that the committee had no legal auth
ority to sit after adjournment of the legislature sine die.