This is a direct appeal of a case from the Workmen’s Compensation Commission under Act 1227, 1975, of the General Assembly. Section 15 of that act provides for an appeal directly to the Supreme Court of Arkansas rather than to the circuit court.
The first consideration of this court is the constitutionality of Act 1227.
The Arkansas Constitution, Art- 7, § '4, sets forth the jurisdiction and powers of the Supreme Court of Arkansas.
The Supreme Court, except in eases otherwise provided by this Constitution, shall have appellate jurisdiction only, which shall be coextensive with the State, under such restrictions as may from time to time be prescribed by law. It shall have a general superintending control over all inferior courts of law and equity; and, in aid of its appellate and supervisory jurisdiction, it shall have power to issue writs of error and supersedeas, certiorari, habeas corpus, prohibition, mandamus and quo warranto, and, other remedial writs, and to hear and determine the same. Its judges shall be conservators of the peace throughout the State, and shall severally have power to issue any of the aforesaid writs.
Section 4, in essence, provides that the Supreme Court of .Arkansas, with certain exceptions, shall have appellate jurisdiction only. Appellate jurisdiction means the review of an order or decree of an inferior court. Ex Parte Levy, 204 Ark. 657, 163 S.W. 2d 529 (1942).
Therefore, one of the questions presented by Act 1227 is whether or not the Workmen’s Compensation Commission is a court. The Workmen’s Compensation Commission is an administrative agency which exercises some quasi-jurisdiction functions and makes awards which are considered judgments. Andrews v. Gross & Janes Tie Company, 214 Ark. 210, 216 S.W. 2d 386 (1948). The Commission cannot enforce its own orders. According to Ark. Stat. Ann. §81-1325 (c) (Repl. 1976), the circuit clerk has to file the order or judgment and thereafter the enforcement is in accordance with the procedures used by circuit courts. It can, of course, be argued that the Commission is a court and, therefore. Act 1227 simply provides for an appeal to the Supreme Court. But the General Assembly does not have the power to create courts. Art. 7, § 1, Constitution of the State of Arkansas, 1874. Also, Jansen v. Blissenbach, 214 Ark. 755, 217 S.W. 2d 849 (1949).
Another question to be resolved is an interpretation of Amendment 26 to the Arkansas Constitution which authorized the General Assembly to provide for Workmen’s Compensation benefits. Amendment 26 provides:
Art. V., Sec. 32. The General Assembly shall have power to enact laws prescribing the amount of compensation to be paid by employers for injuries to or death of employees, and to whom said payment shall be made. It shall have power to provide the means, methods, and forum for adjudicating claims arising under said laws, and for securing payment of same. Provided, that otherwise no law shall be enacted limiting the amount to be recovered for injuries resulting in death or for injuries to persons or property; and in case of death from such injuries the right of action shall survive, and the General Assembly shall prescribe for whose benefit such action shall be prosecuted.
The question that must be resolved regarding Amendment 26 is: Does Amendment 26 amend Article 7 of the Constitution and thereby permit a direct appeal to the Supreme Court of Arkansas? There is no language in Amendment 26 which explicitly provides for such an appeal. The critical sentence in Amendment 26 which must be considered provides :
It [the General Assembly] shall have power to provide the means, methods, and forum for adjudicating claims arising under said laws, and for securing payment of same.
Means refers to the agency or instrument to attain an end. Method is the way, manner or procedure for doing anything. Forum is, of course, a court or tribunal. There is nothing beyond this language, express or implied, which indicates that the system of courts in Arkansas, as provided for in the Arkansas Constitution, will be changed.
We are sure that the legislative intent for Act 1227 is for a good purpose, and is apparently to provide for a speed-up in processing Workmen’s Compensation cases. But this assumes that all cases must be appealed. Wherever the fault lies in the system, with claims, legislation, the commission, or the courts, the problem cannot be resolved constitutionally by Section 15 of Act 1227. We find that Section 15 of Act 1227, 1975, is unconstitutional and void.
Remanded to the Workmen’s Compensation Commission in order that it may transmit the record to the circuit court of Faulkner County.
Fogleman, J., concurs. Byrd, J., dissents.