, 1957-11-15
THE ST. cRoIx AVIS

Of investigation during the interim is an inherent power
in the legislature. If there is not present in the c%onstitu-
ton a restraint against the exercise of interim inVesti-
gatory power by the legislature through joint or concur
rent action, that power, which is incidental to the func-
ton OF making laws, may be projected into the interim"
In People v. Backer, 1875 NY. Supp. 459, 461 1920,
the court held: There being no constitutional inhibition
upon the power OF the Senate and Assembly to confer
power upon the committee to sit during the recess. or
after the adjournment of the Legislature, the contention
Of the defendant that such a power could not be granted
by concurrent resolution is, | think, without merit" Chief
Judge Cardozo, in what was perhaps a dictum, in People
ex. rel. Hastings v. Hofstadter, 258 N. Y. 425,413 1892,
stated: THE great weight of judicial authority sustains
the power Of the Legislature to invest its committees with
power to function though the session is over"
We do not stop to examine the state court decisions
more in detail. They are not controlling here because we
are concerned with the construction of an Act of Congress,
namely, the Revised Organic Act Of the Virgin Islands
(68 Stat. 49D.
AS background to the passage of that Act, it is re
levant to refer to the situation as it existed under the
Organic Act of 1886 49 Stat. 1907. Under that earlier
Act, the legislative power of the Virgin Islands was vest
ed in the Municipal Council of St. Croix and the Munich
pal Council Of St. Thomas and St. John, and in a so-called
Legislative Assembly Of the Virgin Islands comprising
the two municipal councils in joint session, which legis-
lative assembly was empowers to enact legislation ap-
plicable to the Virgin Islands as a whole. 1t was the
common practice of these legislative bodies, by resolu-
ton, to authorize their respective committees to function
in the interim between sessions, as well as during sessions.
For instance, a resolution of the legislative assembly on
August 7, 1852, established certain standing committees
Of the legislative assembly, with full subpoena powers as
provided in S II Of the Organic Act (9 Stat. 1909.
Such committees were instructed to make studies and
Investigations on their own motion or upon direction Of
the assembly and were empowered to recommend legis-
lation from time to time to the assembly. Further, it was
provided that the chairman OF the assembly shall deter
mine what legislation, appointments, studies and other
matters fall within the jurisdiction of the respective COM
mittees and shall make appropriate a~ssignments to such
committees whether or not the Assembly is in session"
When the Congress came to revise the Organic Act
in the spring of 1854, it had under consideration a bill
which, on the whole, was thought to enlarge the degree
of local autonomy delegated to the people of the Virgin
Islands. A few of the provisions of the bill were more
iting the regular sessions of the Legislature of the Virgin
Islands to a maximum of sixty consecutive calendar
days in any calendar year" (68 Stat. 500 If the Congress
had intended at the same time to forbid the settled prac-
tice of the legislative bodies under the earlier Organic
Act to authorize committees to function in the interim