Pinchot, 022831 PAAGO, AGO 4

• Case Date: February 28, 1931
• Court: Pennsylvania

Honorable Gifford Pinchot AGO 4 Opinion No. 4 Pennsylvania Attorney General Opinions Opinions of the Attorney General February 28, 1931          Governor—Witness—Legislative Investigating Committee—Precedent.          The Governor is advised that while he may appear before a legislative investigating committee to present information or make recommendations, he cannot properly submit to examination as a Witness before the General Assembly or any committee thereof.          Honorable Gifford Pinchot,          Governor of the Commonwealth,          Harris-burg, Pennsylvania.          Sir: I have your request to be advised whether in my opinion your appearance as a witness before the Committee constituted by Resolution of the Senate to investigate The Public Service Commission would establish an objectionable precedent.          As I understand the Resolution creating the Senate Committee, its primary purpose is to investigate certain charges which you have made against The Public Service Commission of the Commonwealth of Pennsylvania as the basis for recommending to the General Assembly that the Commission be abolished.          In conducting its investigation the Committee has thus far been calling witnesses who have been examined and cross-examined by members of the Committee and by the Committee's counsel, one of whom was selected by the Committee of its own accord, and the other of whom is an employe of your office loaned to the Committee at its request. Presumptively, the Committee in inviting you to appear contemplated that you should be examined and cross-examined like other witnesses who have appeared before it.          The Constitution of this Commonwealth in Article IV, Section 2, provides that:

"The supreme executive power shall be vested in the Governor, who shall take care that the laws be faithfully executed; * * *"

         This constitutional expression was discussed and construed by the Supreme Court in Hartranft's Appeal, 85 Pa. 433. At page 444, Mr. Justice Gordon, speaking for the Court, said:

"* * * It is scarcely conceivable that a man could be more completely invested with the supreme power and dignity of a free people. Observe, the supreme executive power is vested in the Governor and he is charged with the faithful execution of the laws, and for the accomplishment of this purpose he is made commander-in-chief of the army, navy and militia of the state. Who then shall assume the power of the people and call this

...