, 1957-12-09

of the employees of the same shall appear before
any Interim Committee of the Legislature,
whether in response to a verbal or written re-
quest or summons, to answer any questions or
to give information, or to produce any books,
records, papers or other documents pertaining to
the administration Of the Government OF the Vlr-
gin Islands without my written approval
All facts stated in the foregoing recital have either
been stipulated by the parties or are proper subjects OF
judicial notice and constitute the findings Of fact Of this
court in this cause. judicial notice is also taken OF the TACT
that during the tendency of this suit the Governor OF the
Virgin Islands has called a special session Of the First Lee
gisIature to convene September "a, 1856.
The issue thus Joined is evident. In Rule H, Section
Alb Of the Standing Rules, and Section Alb of Act No. sc,
as we'll as BY adopting a resolution authorizing the pres
ent investigation just before its sine die adjournment, the
Legislature made clear it's desire and intention that the
Finance Committee proceed with the investigation OF pub
lie expenditures after the termination of the regular
legislative session. The executive, however, believes that
such authorization is beyond the power Congress has con-
ferred upon the Legislature OF the Virgin Islands and,
therefore, has caused the respondent, De Jongh, to refuse
to honor the Finance Committees subpoena. In these cir
cumstances this Court must decide whether the Congress
sional grant Of status and authority to the legislature OF
the Virgin Islands, which appears in the Revised Organic
of the Virgin Islands, Act of July %, 1854, c. BOB, 68 Stat.
497. 48 us. C., 1852 ed. supp. III SIS. 1541 : 1914, enables
the Legislature to empower its nmittee to conduct
official inquiries and Investigations after naladjournment
Of the legislative session.
Section (g) Of the Revised Organic Act Of the Vir-
gin Islands, SO Stat. 499, 48 use, 1857 ed. supp. III S.
1872 (g), reads as follows:
"The legislature j. shall have and exercise
all the authority and attributes, inherent in legis-
lative assemblies, and shall have the power to
institute and conduct Investigations, issue SUBJ
poena to witnesses
This provisions shows on its face that beyond confer
ring general legislative authority on the Legislature Of
the Virgin Islands, Congress has seen fit to add a particu-
lar and separately stated grant Of power to institute and
conduct Investigations" In this connection it is not dis
n1Itod that the Legislature can delegate 1nVeSt1qatOry
authority to a duly constituted committee of its members.
It is also to be observed that Congress granted this power
to conduct investigations in unqualified terms, saying no
thing about limiting or restricting the time during which
investigations may be conducted. One must look else
where to find any basis for argument that such a limita-
ton of the comprehensively stated power exists.
Accepting this reasoning, the respondent argues that
Section 2 Of the Revised Organic Act, 60 Stat. 600 48 us.
c., 1852 ed. supp. Ill, S, 1878, should be read as imposing
an implied time limitation on the legislative investigatory
On itS fact that Sectinn rllrnnrtS 70 do n more