v0764-611

INDEX TO BRIEF

Page

Assignment of errors 7

An act by municipal officers which is prohibited by state statute

does not constitute state action 10

California cases defining and limiting the power delegated to mu-

nicipalities to fix rates 12

Cases holding that ultra vires acts of municipalities are not state

action 18

Consideration of cases alleged to have been similar to the case at

bar in which the jurisdiction of Federal Courts has been up-

held 23

Discussion and authorities 9

Federal Courts are bound by the interpretation placed upon provi-

sions of a state constitution by the highest court of the state. . .21

In the determination of the question of whether or not a municipal

ordinance constitutes state action, there is no difference between

a prohibited act and one which is ultra vires. The fixing of

unjust rates is ultra vires of a municipality 10

Provisions of California Constitution 16

Question involved 7

Scope of this brief 28

Statement of case 1

Synopsis of argument 8

The city acts as the agent of the state and its act cannot exceed the

limits of the power delegated to it 14

The inhibitions of the fourteenth amendment to the United States

Constitution apply to state action only 9

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