Barton v. . Grist

Brogden, J. This action is brought to restrain the defendant from instituting a hearing to determine whether or not the plaintiff has violated subsection 1, section 1, chapter 127, Public Laws 1925, which pro *146 vides “that the employment agency shall not charge any initial fee for its services.” It is not alleged in the complaint that the plaintiff has charged an initial fee for its service or the amount thereof. The notice served upon plaintiff by the defendant intimates that the defendant has violated subsection 1, section 1, of said act of the General Assembly by charging an initial fee for services. The judgment of the court declares “the court being of the opinion that the plaintiff had no right to charge an initial fee of one dollar, therefore dissolves the temporary injunction.” But there is no allegation in the pleadings nor any evidence in the record that the plaintiff has charged an initial fee or has otherwise undertaken to violate subsection 1, section 1, of said act. In its final analysis, as disclosed by this record, the basis of plaintiff’s action is the restraining of defendant from holding a hearing upon the question as to whether or not the plaintiff has violated the law. The relief asked is that the court shall declare the act unconstitutional upon the ground that the Legislature is without constitutional power to regulate compensation that an individual shall receive for certain personal services, and that the Legislature is further without constitutional power to specify the maximum amount that an individual may contract for in rendering personal services. The notice of the hearing limits the hearing to the determination as to whether or not subsection 1, section 1, of said act has been violated. In the absence of any allegation or proof that any initial fee is being charged by the plaintiff, or, if so, whether the amount is reasonable, the constitutional questions invoked are not properly raised upon the record. For the Court to declare invalid an unenforced statute would be equivalent to passing upon a “mere abstraction.” Wardens v. Washington, 109 N. C., 21; Scott v. Smith, 121 N. C., 94; Paul v. Washington, 134 N. C., 363; Hargett v. Bell, 134 N. C., 395; S. v. R. R., 145 N. C., 521; Crawford v. Marion, 154 N. C., 73. The Court cannot assume that the defendant will revoke the-license of the plaintiff, certainly in the absence of any allegation or proof to the effect that plaintiff has violated the statute by charging an initial fee. In this State the rule has been universally adhered to, that the courts never anticipate questions of constitutional law in advance of the necessity of deciding them, “nor do they venture advisory opinions on constitutional questions.” Moore v. Bell, 191 N. C., 305; Person v. Doughton, 186 N. C., 725; S. v. Corpening, 191 N. C., 751; Wood v. Braswell, 192 N. C., 588. While the judgment of the court declares “plaintiff has no right to charge an initial fee of one dollar,” there is no allegation or proof to support such declaration of the judgment. The judgment is Affirmed.