, 1957-11-21
LEGISLATIVE RECORD
Continued from yesterday

ing 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 by the pass
age of an act which is approved by the Chief Executive,
It operates as a legally constituted commission and its
powers and authority are derived from the statute and
not delegated to it by the Legislature. 1t is immaterial
whether its members are legislators or not, since they act
as commissioners andNnot as members OF the Legislature.
Second. In some jurisdiction, a joint or concurrent
resolution of the Legislature, if approved by the Governor,
becomes law. A committee created by such a resolution,
therefore, becomes a statutory commission deriving its
authority from the resolution. In the statement of facts
it was pointed out that the Virgin Islands Legislature
can enact laws only by the passage OF a bill containing an
enacting clause and presented to the Governor. There can
be no contention here that the resolution Of the Legisla-
ture was a law.
Third. Since the Legislature is unicameral, and
since it cannot enact legislation by a mere resolution,
adoption Of q resolution BY the Legislature has the same
effect as the adoption of a resolution by one house of a
bicameral legislature or adoption of a joint or concurrent
resolution by both houses where such resolutions 40 not
become 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
med the numerous decisions upon the question and, IN
two we'll considered opinions, which were affirmed upon
rehearing, reafarmed the rule that a legislature can not,
in the absence Of specific legislation: invest a legislative
committee with power or authority to function after adj
iournment sine die of the legislature.
In Petition Of Special Assembly Interim Committee
on Public Morals. Is Cal. I'd 497, 80 P.2d 3O4 (prior opln-
ion 83 P. I'd 932}, the state assembly created by resolu-
ton ten interim committees, among them the Committee
on Public Morals, appropriated a sum for expenses OF the
committees, authorized the committee to summon and sub
poena witnesses, required the production OF papers, &C
counts, etc, and to take all necessary means to compel
the attendance of witnesses and to procure testimony.
The committees were to report. to the next session OF the
legislature. The legislature then adjourned sine de-,
Thereafter the committee called a meeting OF its MEM
bership and subpoenaed eleven witnesses. These wit
nesses refused to testify on the ground the committee had
no lawful existence. T%hereupon the committee filed a petit
ton in the Los Angeles Superior Court to compel the
giving of testimony. The trial court denied the petition on
the ground that the committee was without authority to
sit after adjournment of the legislature sine die. The COM
mittee appealed. The Supreme Court held that the Com
mittee had no legal authority to sit after adjournment of
the legislature sine die. and upon rehearing, affirmed its
previous decision. The court, commenting that the cause
had been exclusively and ably briefed by counsel for
both appellant and responder, discussed the decisions at
1..-1I = 81 -:r;o To ox1orrr1nr Tho oon4nn4ionc ~ 4h0l