, 1957-12-31
LEGISLATIVE RECORD
Continued from Friday
ARGuMENT on PETITIONER:

ARGUMENT O. PEIIlpONEh:
We begin with the proposition that any powers
which the LEGISLATURE ha9stem from the Revised Organic
Act, and we say that there can be no question ABOUT Inc
authority Of the legislatuFaop conduct Investigations be.
cause that power is specifically granted IN section oNg' q
the Revised Organic Act. Let me read section . 3g).
. Likewise. there can be no question OF the power
Of the legislature to delegate its investigatory power toa
committee because this is an inherent power, and sectlon
6 ~ Of the Revised Organic Act specifically grants 70 the
Legislature of the Virgin Islands all OF the authority ano
attributes inherent IN legislative assemblies. pVe
6(gl. ,s
The legislatures Of the several States are regarded
as having inherent powers to appoint legislative commit
tees as a means Of obtaining necessary lntor1nauon 70 ad
them in preparing and %enacting wise and need1ul laws ano
other general legislative purposes. The existence OF this
power is said to be necessary for the efficient discharge OF
legislative functions, and is universally recognized under
our scheme Of Government. 49 Am. J. & 81 CJ.S0
There was some confusion in the law in regard to
the creation Of committees to function after adjournment
Of the legislature, because in bicaneral legislatures the
Houses acting independent OF each other sought to give
authority to its committees to act in the interim between
sessions. Such resolutions were declared Invalid on the
ground that no one housetcnnstituted the legislature and
this was a power Of the legislature IN contrast with either
of its Houses. 80 af #@ a
S. However, the confusion has been dispeled and
the great weight of judicial authority now sustains the
power Of the legislature to invest its committees with
power to function, though the session has adjourned.
6. We contend that legislative committees with
power to function after adjournment may be created IN
either of two ways, each OF which is equally valid and Ell
fectual: dD by Statute; ~ by Resolution. In the cases on.
the subject no question has been raised about the validity
Of a legislative committee created by statute. In the case
at bar, the Legislature of the Virgin Islands has chosen to
create the committee by resolution.
Z. Since the Legislature of the Virgin. Islands isa
unicameral legislature its action by simple resolution is
equivalent to action of a bicameral legislature by joint or
concurrent resolution.
8. While the authorities are not in full agreement as
to the power of the legislature to create such a committee
by resolution, the more enlightened opinions, based upon
sounder legal principles; hold that legislative committees
to function after adjournment are properly created by re-
solution. GIere refer to the various Jurisdictions cited
under Point v of Memorandum.
g.. The theory Of these enlightened jurisdictions is
that the power conferred on the committees by resolution
derives from the reserve power of the legislature, because
unless there is some express restriction in the Constitution
of the several States. a1bpower is in the legislature. It is
these powers which are designated as reserve powers of