[1] Constitutional Law—Provision Having Two Meanings—Adoption of One Meaning by Legislature—Effect of.—Where a constitutional provision may well have either of two meanings, thp action of the legislature in adopting one of such meanings by statute is well-nigh, • if not completely, controlling.

[2] Id. — Annulment of Statute — Power of Courts. — The courts should not and must not annul, as contrary to the constitution, a statute passed by the legislature unless it can be said of the statute that it positively and certainly is opposed to the constitution.

[3] Workmen’s Compensation Act—Definition op Term “Injury”— Provision Constitutional.—Subdivision 4 of section 3 of the Workmen’s Compensation Act defining the term “injury” as including any injury or disease arising out of the employment is constitutional.

[4] Id.—Injury by Disease—Right to Compensation.—Compensation is not due merely for injury by disease contracted by an employee while employed, since the injury must be one arising out of the employment, and where the injury is by disease there must exist the relation of cause and effect between the employment and the disease.

[5] Id.—Death of Hospital Steward from Influenza—Disease Con-TRACKED IN COURSE OF HlS EMPLOYMENT—PROPER AWARD OF COMPENSATION.—In view of the construction placed by the legislature in the Workmen’s Compensation Act upon the word “injury,” contained in section 21 of article XX of the constitution, an award of compensation for the death of a hospital steward from influenza contracted in the course of his employment is within the jurisdiction of the commission.

3. Disease as accident within meaning of Workmen’s Compensation Act, notes, 2 Ann. Gas. 140; 15 Ann. Gas. 886; Ann. Cas. 1913A, 1121; Ann. Cas. 1918B, 309, 345, 354.