Page:North Dakota Reports (vol. 1).pdf/113

 '''2. Same; Original Jurisdiction of Supreme Court.'''

In the exercise of its original jurisdiction, under § 87 of the state constitution, the supreme court, exercising its discretion, will issue the writs of habeas corpus, mandamus, quo warranto, certiorari and injunction only when applied for as prerogative writs; and where the question presented is publici juris, and one affecting the sovereignty of the state, its franchises or prerogatives, or the liberties of the people. To invoke the original jurisdiction of this court, the interest of the state must be primary and proximate, and not secondary and remote. This court will judge for itself whether the wrong complained of is one which requires the interposition of this court to protect the prerogatives and franchises of the state in its sovereign character. In all cases where the original jurisdiction of this court is invoked, except in habeas corpus cases, the attorney general shall proceed only on leave, based upon a prima facie showing that the case is one of which it is proper for this court to take cognizance. In ordinary cases, this court will not exercise its original jurisdiction to restrain local taxation for any reason. The proper jurisdiction for that purpose is lodged in the district courts. Held, this being an application made by the attorney general in behalf of the state to enjoin the issue of bonds upon the alleged ground that the statute authorizing the bonds is unconstitutional, that the question is one of local concern, and affects only the county of Nelson and its tax-payers, and hence the case does not fall within the limited class of cases in which this court will exercise original jurisdiction. Held, that the writ of injunction is denied upon the ground that the statute in question is valid law, and also upon the ground that the question presented is one of merely local concern, and hence is not a proper case to call for the issuing of a writ out of this court.

HIS is a proceeding brought in the supreme court by application made for leave to file an information in order to procure an injunction restraining defendant from issuing seed-grain bonds.

No briefs were filed.

George F. Goodwin, Attorney General, and Burke Corbett, for the motion. M. N. Johnson, States Attorney, and F. R. Fulton, opposed.

Upon the return of an order to show cause, application is made to this court fot leave to file an information as a foundation for issuing a writ of injunction out of this court prohibiting the county of Nelson and its officials from issuing