legislature or the bureau employs a definition that will be applicable to an employer in an industry in which it may safely be estimated from statistics that within a given time one in one hundred employees will be killed and three injured, or whether the definition be、one applicable to an industry or employment in which the estimate be one and three, respectively, in a thousand or ten thousand. There would be ten and one hundred times the hazard, respectively, in the latter cases that there is in the first. From the standpoint of the public or of the dependents of the employee who happens to be the one in a thousand, there is no logical basis for distinction. Granted the constitutional power of the legislature to provide insurance at the expense of employers for the benefit of employees, is it for the courts to say with what occupations the legislature shall stop or what degree of hazard there must be in a particular employment to enable the legislature to authorize the inclusion of the employees? Of course it is assumed that an appreciable hazard must exist, and that reasonable and appropriate measures are provided to effect the desired end. But beyond this the matter would seem to be entirely for the legislature. And in providing measures, shall the legislature be confined to unbending definitions, or is there room for a policy that will admit of greater flexibility of application as experience demonstrates the need? Counsels' argument that the legislative definition amounts to a legislative fiat declaring an employment to be hazardous that is not in fact so ignores the operative plan of the law. The plaintiff is not injured by a mere definition. A rate must first be promulgated applicable to him, and this can only be done after the classification of employments with respect to hazard is made by the bureau under § 7 of the act. Presumably this has been done. If the plaintiff's constitutional rights have been violated, therefore, they have been violated by the bureau, but yet we are not asked to review this action.

The bureau, acting under the section referred to, could clearly determine that there is no hazard in a particular employment and consequently no premium payable. They could determine, possibly with a fair degree of accuracy, based upon experience, the degree of hazard involved in employments that are commonly regarded as involving no particular element of danger. Methods of accounting and compilation

of statistical data are directed which should tend to greater accuracy in this respect. We cannot assume that the bureau has not been or will not be guided by such experiences as have a proper bearing on the question of rates. It follows from this that the property of the plaintiff is not taken without due process so long as the rate demanded is based upon a real hazard and properly prorated. If the plaintiff desires to raise an issue of fact as to the findings of the bureau in this respect, such proceedings should be had as would put the court in a position to ascertain the fact. It is clear, then, that the legislative definition of hazardous employment does not of itself obligate the plaintiff to contribute to the fund, and it must be assumed that the bureau has or will do its full duty. At any rate this court cannot take judicial notice that its findings are or will be erroneous.

Upon the question as to whether the subject of the act is expressed within the title within § 61 of the state Constitution, it seems to me. that it is entirely clear that the subject is adequately expressed.

For the foregoing reasons I am of the opinion that the relief prayed for should be denied. In view of the fact that a majority of the court does not adopt any opinion as expressing the views of the court, I may properly add that I do not agree to the syllabus, except to the extent indicated in the foregoing opinion.

CHRISTIANSON, Ch. J. (concurring specially). The relator has applied to this court for a prerogative writ to enjoin the members of the workmen's compensation bureau from establishing the workman's compensation fund, and from assessing, levying, or collecting any premiums from the petitioner and others similarly situated. The application is made by the relator as a citizen and taxpayer of the state, and as an employer of office clerks and stenographers, after the refusal of the attorney general of the state to institute the proceeding, or permit it to be instituted in his name.

The Workmen's Compensation Act became effective March 5, 1919. By its terms $50,000 (or so much thereof as might be necessary) was appropriated from moneys in the general fund of the state to put the act into effect, with the proviso that the workmen's compensation bureau should reimburse the general fund of the state for all moneys.

expended out of such appropriation from moneys collected under the provisions of the act. In due course the act was put into operation, the members of the workmen's compensation bureau were appointed, and they entered upon the discharge of their duties. Office and office equipment were procured; clerks, stenographers, and other assistants employed, and the expense incident thereto paid out of the moneys appropriated by the legislature for that purpose; premiums have been collected from a large number of employers, and claims filed by injured employees, and action taken thereon by the bureau. Sufficient moneys have been collected under the act so that the bureau is not required to expend any more of the moneys appropriated by the legislature, but, on the contrary, stands ready and willing to reimburse the general fund of the state for all moneys expended out of the appropriation. All this has occurred without any attempt on the part of the relator or anyone else to question the validity of the act. This is not a proceeding, therefore, to prevent the expenditure of state funds in putting an unconstitutional law into operation, nor is it a proceeding to prevent an unconstitutional act from being put into operation at all; but it is rather one to intercept and stay official action under an enactment which has been in full operation for some time.

The relator does not contend that the bureau has attempted to collect any premium from him, or in any other manner sought to compel him to comply with the law, or to apply any of its provisions to him. The respondents, on the other hand, expressly aver that no such attempt has been made. The relator, therefore, has hardly shown any such state of facts as would entitle him to maintain an injunctional action. in his own behalf against the workmen's compensation bureau. For "courts, as a rule, will not interfere with the duties of any department of government unless under special circumstances and when necessary to the protection of rights of property." 14 R. C. L. p. 434. "The mere fact that a law is alleged to be unconstitutional does not confer jurisdiction on courts to interfere with the acts of executive officers while proceeding in pursuance of its requirements. The duty of the court is to determine actual controversies, when properly brought before it, and not to give opinions on mooted questions or abstract propositions. Before it can assume to determine the constitutionality of

a legislative act, the case before it must come within some recognized ground of equity jurisdiction, and present some actual or threatened infringement of the rights of property on account of such unconstitutional legislation, and where it is apparent that the remedy at law is adequate relief will be refused." 14 R. C. L. pp. 435, 436. See also 6 R. C. L. pp. 76, 77; 12 C. J. p. 783, § 214; Cooley, Const. Lim. 7th ed. pp. 213 et seq.

But, of course, the private rights of the relator are not material except as they may or may not appeal to the court in considering whether the relator should be given leave to institute and prosecute the proceeding. For it is well settled that the original jurisdiction conferred upon this court by 87 of the Constitution was not conferred for the benefit of private suitors, or to vindicate merely private or local rights. It is a prerogative jurisdiction. It may be invoked only where the general interest of the state at large is involved in some way. “A case involving a mere private interest, or one whose primary purpose is to redress a private wrong, will not be entertained." State ex rel. Bolens v. Frear, 148 Wis. 456, 499, L.R.A.1915B, 569, 134 N. W. 673, 135 N. W. 164, Ann. Cas. 1913A, 1147. The original jurisdiction "is not only limited to prerogative writs, but it is confined to prerogative causes." Atty. Gen. v. Eau Claire, 37 Wis. 400, 443. The people in their Constitution conferred this great power upon this court, that it might be used in their behalf to protect the sovereignty of the state and the liberties of the people. This principle was announced in the early history of this court, and has been steadfastly adhered to. As was well said by this court, speaking through Chief Justice Morgan, in State ex rel. Steel v. Fabrick, 17 N. D. 532, 536, 117 N. W. 860: "These sections [of the Constitution] have been under consideration in many cases by this court. From these cases it is established without dissent that the jurisdiction is not to be exercised unless the interests of the state are directly affected. Merely private rights are not enough on which to base an application for the issuance of original writs by this court. The rights of the public must appear to be directly affected. The matters to be litigated must not only be publici juris, but the sovereignty of the state, or its franchises or prerogatives, or the liberties of its people, must be affected. Before the

court will, in the exercise of its original jurisdiction, issue prerogative writs, there must be presented matters of such strictly public concern as involve the sovereign rights of the state, or its franchises or privileges."

In the case at bar the chief law officer of the state refused to institute the proceedings. He appeared as attorney for the respondents. Under the circumstances I do not believe that a private relator should be granted leave to institute this proceeding. Anderson v. Gordon, 9 N. D. 480, 52 L.R.A. 134, 83 N. W. 993; State ex rel. Byrne v. Wilcox, 11 N. D. 336, 91 N. W. 955. For these reasons do I concur in a dismissal of relator's petition, but express no opinion upon the propositions discussed in the other opinions filed in this case.

ROBINSON, J. (dissenting in part). Within the past ten years many of the states have passed workingmen's compensation or wage earners' accidental insurance acts, which have been well sustained and approved by the courts. In this case it would be easy to write a book by quoting freely from the numerous statutes and decisions on workmen's compensation acts, or, more properly, wage earners' accidental insurance acts; but, so far as known to the writer, the decisions have little bearing on our act, because it is so different from the other acts.

The compensation or insurance act is to be liberally construed: Its purpose is beneficent and remedial and within the scope of proper state legislation. The purpose of such an act is to make a business that is hazardous and dangerous bear the inherent risks of personal injury arising in the course of the employment, regardless of ordinary negli gence; also, to do away with long-continued and vexatious litigation and the exorbitant claims of personal-injury lawyers, who commonly take half the sum recovered, as if they had sustained half the injury. Then, as it were, they move heaven and earth to procure a verdict and to sustain it, and often stand in the way of a settlement of great benefit to the injured party.

The relators show they employ only two persons in the capacity of typewriters, and that the occupation is in no way dangerous or hazardous, and that the same is true of all the ordinary clerical occupations, and that on all such occupations the bureau has levied and demanded