Los Angeles herald., 1890-05-16
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
cine Railroad Company Ia corporation), Atlantic
and Pacific Railway Company Ia corporation),
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 court
from the verified bill of complainant that the
oeeiendants e IN the above-entitled suit are none
OF them lnha abitants of the southern district of
California, or are to be found within said dis
tr1ct, and that none of them will voluntarily
this suit is brought to enforce claim to and to
remove a cloud upon the title to real estate and
q, cloud upon the title to mining claims within
OF the land and the mining claims of the com,
pla1nant in the above-entitled bill;
II 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 a corporation, and a citizen of the State of
California, having its Office and principal place
OF business in the city and county of San Fran
cisco, state OF California; Atlantic and Pacific
haliroad Company, corporation duly organ
lzed and existing, with the right to sue and be
sued, plead and be impleaded defend and he
aedenaea ts IN an courts of law and equity in
Ihe 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 hay-
Ing i1s once ana 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;
ffurdy Relyea, whom the complainant is in
formed and believes is 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 he,
l1eves is subject of the Queen of Great Britain.
an amen, and resident of Melbourne, Aus,
trana; John w. Pearson, citizen of the State
land, in the county of Alameda in said State.
ana E. M. Ra1lton, whom the complainant is
informed and believes is a citizen of California.
ana 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 s day OF June. 1890, and that this order
cable, wherever found, by delivering a COPY
thereof, together with copy of the bill Of com
plant each certified by the solicitor of com
plalnant to be correct copy, at least twenty
days before said second day Of june, 1890, such
service to be made by such persons as the
soncltof OF complalnant may choose, and to be
proved by the attdav1t OF the person serving the
same, and that for service of this order Hpon
any absent defendant or defendants upon whom
personal ma service thereof is not practicable,
copy OF this order, certified to be correct by the
soncltor OF complainant, be published in the
Los Angeles HERALD, daily newspaper pub
l1shed at Los Angeles, in the State of california.
not less fthan once week, for six consecutive
weeks; before the second day of June 1890, and
1t is further ordered that in case any Of such
answer, or demur, within the tine tipeII limited S bS
TINS order or within such further time as this
court may allow, and upon proof of said serv-
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 if
each each OF said absent defendants had been served
WITH Win process within the southern district of
Callfornia, 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 mist IS lIu VI
Dated March 81, 1890.
l hereby certify the foregoing order tlrectiny
absent defendants to appear to be a correct conS
of the original A. Fl RICxETrs 'oP9
Solicitor and Counsel for Complainant
apS-tu9t