, 1957-12-11
LEGISLATIVE RECORD
Continued from yesterday

Such a conception has been adopted by some stale
courts and rejected by others IN interpreting tnei Ssase
constitutions. Thus, each side in the present controversy
~, roe IL s11nnort of its construction OF the virgin Is
lands Organic Act the analogy OF judicial nterpreldtlons
Of various stats constitutions which, ~ comparison ~
each other and with the Virgin lslands OTganc y
exhibit both similarities and differences. Win * Pal1s
Han,a. 1929. 1O4 NJ. Eq. 1863, 145 Att OLD; Hastings y.
Hofstadter, 1892, 258 NY. 425, 1870 y. - lOo; Sfafe ex le.
poh;rson !. Fluent, 1948. 80 Wash. I'd 1874, 1871 7. "a "a;
contrast Dickinson v. Johnson. 1919, ~ AIA. oo1a :
SW 116: Swine Y. Riley. 1889, IS Cal. I'd BIB, 30 = "a
ala. Ferrous y. Russell. 1915, 30 III, 3O4, llO N. p. loO.
But for present purposes this body OF case law estaOnshes
little more than that sensible men may pc lncnnea ~
either view of the general proposltlon ana 1hde w
peculiar to the local problem OF constitutional contructon
are likely to be decisive in a given case. Indeed, tne sep
arate and unqualified grant Of power to conduct nvestl-
cations distinguishes the Virgin Islands Act ana the
problem of Interpretation it presents from all OF the clOeo
%analogues.
Here we are interpreting an Act of Congress. That
AT cbolld he viewed in perspective. This court takes
judicial notice that it is the normal and accepted proceed
ure for ommittees of Congress, acting pursuant . legls-
lative resolutions, to conduct inquiries after the SINE u.e
adio,1rnnent Of Congress. See discussion IN McGTaIn
d Douohertv, 1927 273, I. S. 135, 161-174. True, session
time for Congress is not limited as are the sessions OF the
Virgin Islands Legislature. But the fact remains that the
Congress, which in unqualltled terms authorizeo Tic u Is
pin Islands Legislature to conduct Investigations, IS ltseH
experienced in and accustomed to committee lnVeSuga-1
lions authorized by resolutions and conducted AFTER Inal
legislative adjournment. If it had intended a time limit
on Virgin Islands Investigations, dH1eTent from ~ "
legislative procedure, it seems likely that it would have
viewed this as an abnormal structure and, therefore, would
have made it explicit.
There is more to the historic setting. It is common
knowledge and may be judicially noticed that the Legis-
lative Assembly Of the Virgin Islands and the two NUM-
cipal Councils, the bodies which were replaced by the
present Legislature, caused their committees to junction
after as well as during legislative sessions. The most re-
cent formal authorization Of that antecedent practice
which this court has discovered appears in q Resolution
to Create Standing Committees Of the Legislative Assem-
bly, of the Virgin Islands" adopted August Z, 1857, by
the Second Session of the Seventeeth Legislative Assem-
bly,. Section 4 of that Resolution reads as follows:
1.-THE Chairman Of the Assembly shall deter
mine what legislation, appointments, studies and
other matters fall within the jurisdiction OF the
respective committees and shall make approprl-l
ate assignments to such committees whether or
not the Assembly is in session.
Thus, Congress enacted the. Revised Organic Act in