Bank v. Bell

This appeal involves the decision of the question whether or not the city of Berkeley has the power to acquire, establish, maintain, own, and operate a municipal market. In this connection provisions of the constitution of California relative to municipal affairs, certain sections of Berkeley’s charter vital to its claims of “home rule,” and ordinances passed in conformity therewith, are to be considered and discussed and an opinion thereon given.

The city of Berkeley, through its council, on February 23, 1921, adopted Ordinance No. 699, N. S., establishing a market to be known and designated…