State v. Finch , 79 Idaho 275 ( 1957 )

TAYLOR, Justice.

I concur except as to the inference that the legislature cannot in any case provide for a direct appeal to this court from a board or officer not mentioned in Art. 5, § 9, of our constitution. My views on this proposition are expressed in my dissent in Petition of Idaho State Federation of Labor, 75 Idaho 367, 272 P.2d 707. I concur here because a direct appeal to this court in a case such as this does not afford due process. Where constitutionally protected rights of person or property are dependent upon a judicial review of findings of fact made by an administrative tribunal, that review must be had in a court having the facilities as well as the authority to re-examine the facts and make its own findings, when necessary to the preservation of such rights. That kind of review cannot be had here. This is not a trial court.

Were this court to entertain the cause as an appeal and upon examination of the evidence disagree with the findings of the board, it could remand the cause only to the board for further proceedings. Thus the character of judicial finality would be given to the ultimate findings of the board. In this manner the administrative tribunal would be clothed with judicial power in violation of the constitution, and constitutional rights might be denied without due process. Electors of Big Butte Area v. State Board of Education, 78 Idaho 602, 308 P.2d 225.