, 1957-12-18
Virgin Islands to Compel PERCY DE
JONGH, Commissioner Of Finance To
Appear and Present Documents.
MISCL. No. 80 1856
MEMORANDUM ON Behalf OF PERCY DE
JONGH, COMMISSIONER OF NANCE
MISCL. No. 80 1856

LUTON, 10 CREATE "A COMMl1lEE " 1NVEo1i-
CATION, WITH TO SIT AFTER THE LEG1S-
LATURE A ADJOURNED SINE DIE AND
CONSEQUENTLY A SUBPOENA ISSUED BY SUCH
l"COMMITTEE'' IS INVALID.
A brief statement Of facts is in order.
The Virgin Islands Legislature consists OF one house
composed of eleven members known as senators. The term
ofsofice Of each member is two years, commencing on the
second Monday in April following his election. The terms
of all members of the present Legislature will expire
upon the second Monday in April, 1857. The Legislature
has been given the power to institute and conduct inves-
legations, to issue subpoenas, administer oaths and exer-
else generally the authority and attributes inherent in
legislative assemblies.
Regular sessions of the Virgin Islands Legislature are
held annually, commencing on the second Monday IN
April, and limited by the Organic Act to not more than
sixty consecutive calendar days. After adjournment, the
Legislature has no power to reconvent or to sit in special
session unless convened by the Governor to consider only
legislation specified in the call or IN a speclal message
from the Governor.
Every bill passed by the Legislature must contain an
.~enacting clause and must be presented to the Governor.
No power to enact legislation by adoption of a resolution
is granted to the Legislature.
The first Legislature of the Virgin Islands convened
in regular session on April 9, 1856. On June 7th, a resolu-
ton, designated as Bill No. 293, was adopted authorizing
the Finance Committee TO initiate a complete and
thorough investigation of expenditures authorized under
Act No. 81, and all other expenditures of the Government
of the Virgin Islands made during the fiscal years 1855,
1856, and 1857, and to make a full and complete report to
the Legislature at its next session, regular or special
Sixty calendar days having elapsed, the Legislature adj
iourned sine die. At this time, the function Of the First
Legislature of the Virgin Islands as a legislative body
ceased.
The ~pleadings establish that the subpoena involved
here was issued after the adjournment of the Legislature.
On July 5, 1856, Governor Walter A. Gordon issued
Executive Order No. Il, stating that adjournment of the
Legislature sine die deprived any interim committee Of
power or authority to act, and directing the commissioners
and heads of the various executive departments not to
appear before any interim committee or to produce any
documents or records pertaining to the Government of the
Virgin Islands without the approval of the Governor. Or
July 10, 1856, a subpoena was served on the Commits
|sioner of Finance directing him to present to the Commit
tee, on July 10Th, copies of vouchers and schedules of pay
Iment covering expenditures made by the Department of
Finance for the period July 1854, to September 80, 1854.
Since the Executive Order of the Governor prohibited the
presentation of these records to the Committee this raised
the question of the authority of the Committee to continue
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