by John Marshall Harlan, Levy v. Superior Court of City and County of San Francisco…
“ Hitchcock was for the purpose of ascertaining the proper construction of certain provisions of the constitution of California, not as defining rights asserted by the plaintiff under the constitution of the United States. From the pleadings in the cause the state court had no reason to suppose that the plaintiff specially claimed that the statute in question deprived him of any right secured by the constitution of the United States. ”
