61 W. Va. 49 | W. Va. | 1906
Charles T. Caldwell presented to the Judge of the circuit court of Wood county his petition for a writ of habeas corpus stating and showing that he had been arrested by the sheriff of Wood county under a certain writ of attachment, signed by James Seaman, chairman of a committee appointed by the House of Delegates, commanding the sheriff' to attach the body of said Caldwell and have him before said: committee to answer for contempt in failing to appear as a witness before said committee. The House of Delegates, on the 24th day of February, 1905, adopted a resolution reciting that Governor Albert B. White, in a written communication to the House of Delegates, had requested it to make an investigation of certain charges made against him, and authorizing the Speaker to appoint a committee of three members of the blouse to investigate the charges and empowering the committee to compel the attendance of witnesses and send for persons and papers, and to sit after the adjournment of the session of the Legislature. The committee, sitting after the. adjournment of the Legislature, summoned Caldwell to appear before it as a witness upon the subject matter of investí-
The sole cause of Caldwell’s arrest was his failure to appear before the committee as a witness. This presents a crucial question. Has the House of Delegates power, by its separate resolution, to raise a committee for such investigation to sit after the adjournment of the regular session of the Legislature? Section 1 of Art. 6 of the Constitution, says that, “The Legislative power shall be vested in a Senate and House of Delegates.” Both branches constitute that body called The Legislature. The Legislature is directed by the Constitution to meet on a fixed day,every two years, and the whole frame, spirit and provisions of the Constitution contemplate that acts of legislation shall be done by the two houses sitting at the same time. The two houses sit at the same time, neither having the power to adjourn over three days without the other. They meet in a session limited to 45 days, and when that limit comes it operates the dissolution of both houses, neither branch having any power to go on separately thereafter, nor has either body power to meet again alone. The Constitution contemplates that the power of the Legislature shall be exercised by the concurrence of the two houses. To make Legislative action operative in the future, whether by act or resolution, there must be the consent of the two houses. If the enactment is of such a character as to require an act, as distinguished from a resolution, then an act passed by both houses must be made; if the en
Another consideration bearing against the power of one branch to raise this vacation committee is this: The Constitution does in terms confide to each branch separately cer
The main reliance of the committee is section 7, chapter 12, Code of 1899. ‘ ‘ When the senate or house of delegates, or a committee of either house, authorized to examine witnesses, or to send for persons and papers, shall order the attendance of any witness, or the production of any paper as evidence, a summons shall be issued accordingly, signed by the presiding officer or clerk of such house, or the chairman of said committee, directed to the sheriff or other proper officer of any county, or to the sergeant-at-arms of such house, or any person deputed by him. And when served,
But there is another reason why that statute cannot be relied on to legalize this committee’s action. Does it originate, create, vest power in one house to raise a committee to sit after adjournment? Is that the office of the statute? We think not. Its office is to provide how the
We, therefore, hold that the resolution of the House of Delegates conferred no power upon the committee to sit during the recess, and is void and cannot support the writ of attachment.
Since the opinion was prepared to this point, we have been furnished with an opinion delivered October, 1906, by the Ohio Supreme Court in State ex rel v. Guilbert. The Ohio Senate passed a resolution raising a committeee. to investigate charges of corruption in the government of the city of Cincinnati. The Legislature passed an act appropriating money for “contingent fund of the Senate for the use of the select investigating committee.” The committee acted and incurred certain expenses, for payment of which its chairman issued voucher, and the Realty' Company, in favor of which the voucher was for rent of room and light for sessions of the committee, demanded of the State Auditor a warrant for it, and the Auditor refused to issue a warrant, and application was made to the Supreme Court for a manda/mus to compel him to do so. The court refused the writ. It held that the Senate had no power to raise a committee by its sole action, as the whole legislative power of the state was vested by the Constitution in the two branches of the Legislature as a unit, and not in the Senate or House acting separately, and one branch has no power so acting of independent legislation, except as expressly granted by the Constitution, or necessarily implied in the express grants. The court relied on that clause of the Constitution, like our section 1, Article 6, vesting the legislative power in a Senate and House of Delegates. When it was argued that the act appropriating money for contingent fund of the Senate for the use of “select investigating committee,” ratified the committee, the court said that this committee was not specifically named in the appropriation, and
Our conclusion is to reverse the judgment dismissing the writ of habeas corpus, and discharge Caldwell from custody.
Reversed, a/ud Discharge Ordered.