People v. Pacific Gas & Electric Co.

SHAW, J.

In this case the respondent moves to dismiss the appeal, on the ground that the supreme court has no appellate jurisdiction of the case.

[497]

The defendant was convicted in the police court of the city of Sacramento, of the offense of violating an ordinance of that city, and was sentenced to pay a fine of four hundred dollars. The ordinance required every person or corporation operating a street-railroad in the city to sprinkle with water a sufficient portion of the street in and near its tracks to prevent the motion of the cars from raising dust, and declared that a violation thereof should be a misdemeanor, punishable by a fine or imprisonment. The defendant owned and operated a street-railroad in Sacramento. On appeal to the superior court of Sacramento County the judgment of conviction in the police court was affirmed. Prom this judgment of affirmance in the superior court, the defendant has attempted to take an appeal to the supreme court.

The jurisdiction of the supreme court and the district courts of appeal is prescribed by section 4 of article VI of the constitution. The portions thereof material to the question here involved are as follows:

“The supreme court shall have appellate jurisdiction on appeal from the superior courts in all cases in equity, except such as arise in justices ’ courts; also, in all cases at law which involve the title or possession of real estate, or the legality of any tax, impost, assessment, toll, or municipal fine, or in which the demand, exclusive of interest, or the value of the property in controversy, amounts to two thousand dollars; also, in all such probate matters as may be provided by law; also, on questions of law alone, in all criminal cases where judgment of death has been rendered”: . . .

“The district courts of appeal shall have appellate jurisdiction on appeal from the superior courts in all cases at law in which the demand, exclusive of interest, or the value of the property in controversy, amounts to three hundred dollars, and does not amount to two thousand dollars; also, in all eases of forcible and unlawful entry and detainer (except such as arise in justices’ courts), in proceedings in insolvency, and in actions to prevent or abate a nuisance; in proceedings of