181 N.W. 195 | S.D. | 1921
The Constitution by section 1, article 5, vests the judicial power of the state in the Supreme Court, the circuit court, the county court, justices of the peace and such other courts as may be created by law for cities and towns. Section 2, art. 5, provides that, except as otherwise provided by the Constitution, the Supreme Court shall have appellate jurisdiction only, and shall have a general superintending control over all inferior courts. Tlie exercise of judicial power is limited to those tribunals enumerated in section 1. The jurisdiction of this court is appellate only, except in certain matters enumerated in section 3, article 5, which -do not include proceedings of the board of railroad commissioners, and 'by the ¡wording of section 2, it is very plain that the appellate' jurisdiction, as well as the superintending control over inferior courts, is limited to appeals from one of the inferior courts’ mentioned ini section 1. To hold otherwise would be to hold that the Legislature could authorize appeals directly to this court from boards of county commissioners, -city ’ commissions, or any other board or commission that the Legislature-might see fit to create, as well as the board of railroad commissioners. So far as we are advised, no- appellate court existing under constitutional provisions similar to ours has even entertained such appeals. This court refused to entertain, an appeal from the order of a circuit judge made in- chambers (Holden v. Haserodt, 3 S. D. 4, 51 N. W. 340), and the same has been held in Wisconsin (Hubbell v. McCourt, 44 Wis. 584; State v. Brownell,
“This court has an abundance of labor to perform in the discharge of those .duties which are conferred upon -it by the Constitution, and the laws made in conformity therewith, without assuming other burdens, not sanctioned by the Constitution, which might be attempted to be imposed upon it by legislation in violation of the constitutional limitations upon its powers.”
The appeal will be dismissed for want of jurisdiction.