Appeal of S. O. Houghton

Bulbs fob Construing Statutes as to Appeals.—If a statute is capable of being so construed as to maintain the right of appeal without violating the well established rules for construing statutes, it will be so construed.

Bule as to Meaning of Words.-—In construing statutes, words are to be taken in their usual and popular sense, unless they have a well understood technical meaning; and, if practicable, effect shall be given to all the words and provisions of the statute.

Construction of Acts of 1868 and 1870 relative to Streets in San Francisco.—The Acts of 1868 and 1870, to modify the grades of streets in San Francisco, in declaring that the judgment of the County Court on the second report of the Commissioners shall be “final and conclusive,” means that there shall be no appeal from the judgment, and that it shall not be reviewed by the County Court, except by motion for a new trial.

Same—Constitution Construed—Mature of Proceeding.—The proceeding under the Acts of 1868 and 1870, modifying grades of streets in San Francisco, is a special one, and not a case at law involving the legality of an assessment, in the sense of Article VI, section four, of the Constitution. If it were a case at law, it would not be competent for the Legislature to confer jurisdiction of it upon the County Court, because the Constitution, in express terms, confers upon the District Court original jurisdiction in that class of cases; and such jurisdiction is exclusive, unless there be something in the instrument evincing a contrary intent.

Bemedy for Damages.—The only remedy for property owners who have suffered damage under the Acts of 1868 and 1870, relative to modifying grades of streets in San Francisco, is by application to the Legislature for relief.

By WALLACE, J.:

Appeal, the Creature of Statutory Enactment.—Independently of rules adopted by the Supreme Court, an appeal as a mere procedure is defined by statute. It is essentially the creature of the statute, and may be accorded or withheld, restrained, enlarged, or wholly abrogated, by legislative enactment.

Benefit of Appeal not Secured by the Constitution—Supreme Court Bules.—The Constitution has not undertaken to define -or secure the benefit of an appeal to any person against the legislative control. It has left that subject wholly to the Legislature, or, in default of legislative enactment, to the Supreme Court, through rules adopted for that purpose.

Jurisdiction of Supreme Court over Appeals.—The appellate jurisdiction of the Supreme Court ekists, and is capable of effective assertion, independently of legislative aid, as to the procedure through which an appeal is to be exerted.

Appeal must be Authorized by Statute or Rule.—Ho appeal of a particular class or character can be entertained by the Supreme Court, unless authorized by a statute, or a rule of Court, even though such cases be in themselves within the appellate jurisdiction of the Court, as defined by the Constitution.