Los Angeles herald., 1890-05-12
In the Circuit Court of the United
States, Ninth Circuit, Southern
District of California.

WATERLOO MINING COMPANY "a COR.
w poration), Complainant, vs. Southern Pa
cife Railroad Company IA corporation), Atlantic
and Pacific Railway Company Ia corporationl
Purdy Relyea, W. S. Porter, John w. Pearson, E.
M. Railton, Henry Black, William White John
Williams, Peter Pink, Charles Green and Rich
ard Roe, Defendants.-In Equity.
Order directing absent defendants to appear.
1t appearing to the satisfaction of the cour
from the verified bill of complainant that the
defendants in the above entitled suit are none
of them inhabitants of the southern district of
California, or are to be found within said dis
trict and that none of them will voluntarily
appear thereto; and it further appearing that
this suit is brought to enforce claim to and to
remove cloud upon the title to real estate and
a cloud upon the title to mining claims within
said southern district of California, consisting
OF the land and the mining claims of the COM
plainant in the abOve-entltled bill;
It is therefore. ordered and directed that the
following named defendants, who are absent
from, are not inhabitants of, and cannot be
found in, said southern district of California,
viz, Southern Pacific Railroad Company, which
is 9. corporation, and citizen of the State of
of business in the city and county of San Fran
cisco, State of California; Atlantic and Pacific
Railroad Company, corporation duly organ
lzed l and existing with the right to sue and be
defended, in all courts of law and equity in
the United States, under and by virtue of the
laws of the United States of America by an act
of Congress approved July 27, 1866, and hav.
ing its office and principal place of business in
and also having an office for the
transaction OF its business in the city and
county of San Francisco, State of California
Purdy Relyea, whom the complainant is in
formed and believes is a citizen of the State OF
California, and resident of the city and county
OF San Francisco, in said State; w, S. Porter
whom the complainant is informed and be.
heves is subject of the Queen of Great Britain
an alien, and resident of Melbourne, Aus
tral1a; John w. Pearson, citizen of the State
of California and resident of the city of Oak
land, in the county of Alameda, in said State;
and E. NJ. Railton, whom the complainant is
informed and believes is a citizen of California,
and resident of said city of Oakland, in said
State of California and each of them do appear,
plead, answer, or demur, in said suit, by the
second day of June. 1890. and that this order
be served on each of said defendants, if practi-
cable, wherever found, by delivering a copy
thereof, together with a copy of the bill of com
plant, each certified by the solicitor of COM
days before said second day Of June, 1890, such
service to be made by such persons as the
solicitor OF complainant may choose, and to be
proved by the affidavit of the person serving the
same and that for service of this order upon
any absent defendant or defendants upon whom
personal service thereof is not practicable, a
copy OF this order certified to be correct by the
solicitor of complainant, be published in the
Los Angeles HERALD, a daily newspaper pub
lished at Los Angeles, in the State of California
not less tthan once week, for six consecutive
weeks, before the second day of June, 1890 and
it is further ordered that in case any of such
absent defendants shall not appear, plead
answer, or demur, within the time limited by
this order, or within such further time as this
court may allow, and upon proof of said sery,
ice and of publication of this order, and of per
formance of the directions herein contained
this court will entertain jurisdiction of said
suit and will proceed to the hearing and
adjudication thereof in the same manner as ii
each of said absent defendants had been served
with process within the southern district of
California, but said adjudication will, as re-
CARDS said absent defendant or defendants who
may not appear in said suit, affect only the
property and rights, which are the subject of
said suit, which are under the jurisdiction of
this court. ROSS, Dist. Judge.
Dated March 81, 1890
1 hereby certify the foregoing order directing
absent defendants to appear to be a correct copy
of the original. A. H. RICKETTS,,
Solicitor and Counsel for Complainant