We think it plain that the district court had jurisdiction as a federal court to hear and decide the question of the constitutional validity of the ordinance, although there was no allegation or proof that the matter in controversy exceeded $3,000. By
8 U.S.C. s 43,
8 U.S.C.A. s 43 (derived from s 1 of the Civil Rights Act of April 20, 1871, 17 Stat. 13, continued without substantial change as R.S. s 1979) it is provided that ‘every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress'.