Applegate

Heydenfeldt, J., and Bryan, J., concurred.

The 4th section of the 6th Article of the Constitution of this State provides, that “the Supreme Court shall have appellate jurisdiction in all cases when the matter in dispute exceeds two hundred dollars, when the legality of any tax, toll, or impost, or municipal fine is in question, and in criminal cases amounting to felony on questions of law alone.”

The word or is substituted for on in the printed copy of the Constitution. By reference to the engrossed copy on file in the office of the Secretary of State, it is apparent that this is a misprint which alters the whole scope of the section,

Following the rules of construction adopted by us in the cases of Caulfield v. Hudson, and Burgoyne v. The Supervisors of San Francisco, this section will admit of but one interpretation; for, as there decided, if the grant of appellate excludes original jurisdiction, and the amount specified of two hundred dollars, limits and negatives jurisdiction over smaller amounts than two hundred dollars in civil cases, so the words in the latter part of the section, “in criminal cases amounting to felony,” limits the jurisdiction of this Court except as to…