, 1957-12-14
die. EITHER BY STATUTE OR BY RESOLUTION.

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reveals that there is no conflict in respect of the authority
Of a legislature to invest its committees by statute with
power to function after sine die adjournment OF the legis-
lature. 1t is true that the authorities are not in
full agreement as to the power of the legislature
to create such a committee by resolution, but the
more enlightened opinions, based upon sounder legal prin-
ciples, hold that legislative committees to function after
adjournment are properly created by resolution. The
theory of these enlightened jurisdictions is that the power
conferred on committees by resolution derives from the
reserve power of the Legislature, because unless there is
some expresses restriction in the Constitution of the sew
eal States, all power is in the legislature. 1t is these
powers which are designated as reserve powers OF the
several States which have come to be regarded and clas-
Sifed as inherent powers of the legislature. In the case of
the Virgin Islands Legislature, these reserve powers are
to be found in the specific grant to it by Section 6 (gJ Of
the Revised Organic Act, of the inherent powers of legs-
lative assemblies. State v Fluent. Wash. 1911 P ~ 241,
certiorari denied by =. S. Supreme Court in 335 q. S. 844;
State V James. WASH 221P 12l 49,. In re Davis. kansas
40 P. 100; Commercial & F. Bank V Worth. N.C0 80
r 261s In re Caldwell eW.VaO 10 Ira. MS 172;
In re Joint Legislative Committee TO Investigate the Edu-
cational System Of the State of New York. 80 NE. % 1859;
Hastings v Hofstadter. NY0 100 NE. 106; Revised Or
ganic Act, SO Stat. 49e, 48 use, 1852 ed. supp. III, Sec.
1872 (g).
The Virgin Islands Legislature, by Bill No. 293, a
Resolution, authorized its Finance Committee to investi-
gate certain expenditures of the Executive Department
made pursuant to Act Nc. 81. It was the clear intent of
the Legislature that the committee should function after
adjournment, because the resolution TAI was adopted one
day before adjournment. and was signed by the officers
of the Legislature on the day of adjournment; () it re-
ferred to and limited the sum of money to be spent by
the committee; (c) it authorized the Committee to employ
counsel; Id it called for a complete and thorough in
vestigation of expenditures under Act No. 81 for three
fiscal years, to wit, fiscal 1954-55; 1856; and 1861;
and (e) it required a report from the committee to the
next regular or special session of the Legislature.
1t has been commended that the weight of authority is
to the effect that legislative assemblies may not authorize
their COMMITTEES to function after adjournment by mere
resolution. 4 close examination of the cases cited, how
ever, reveals that insofar as the assemblies of the several
States are concerned, there is substantial authority that
committees can be SO empowered, either by mere resolu-
ton of the legislature, or by a statute regularly passed
by the legislature and approved by the executive. In the
determination of the method to be employed by the Vr-
gin Islands Legislature, we cannot ignore the historical
presidents and prior legislative practices.
Under the first Organic Act of the Virgin Islands, the
legislative power of the Virgin Islands was vested in two
municipal councils, and a legislative assembly comprised
of these two nunicinal councils. IF was tho common nran-