Imperial Valley press., 1912-04-09

owned by the California Development
Company and were pledged to the said
Title Insurance and Trust Company
as part Of the security for the bonds
issued by the California Development
Company; and
Whereas, since the institution of
such suit the said properties of the
said Mexican corporation were sold in
pursuance of certain judgment or
judgments recovered in the republic
of Mexico against the said Mexican
corporation by the Southern Pacific
Company; and
Whereas, the said Title Insurance
and Trust Company and other cred
itors of the California Development
Company did file certain supplemental
complaints in the said foreclosure suit,
wherein the validity and legality of
the said judgments and sale were at
tackled; and
Whereas, the said litigation is still
pending and undetermined in the SUI
perior court in and for the county of
Los Angeles; and
Whereas, in the course of said liti-
cation a certain temporary injunction
was issued at the instance of the said
L lIlG LIS dlCe Nuu trust oOll)diy
and other creditors restraining the
Southern Pacific Company from con
tinuing certain proceedings in said ac-
ton in the court of the first instance
at MeXicali in the republic of Mexico;
and
Wheras, the Southern Pacific Com
pany has appealed from the order di-
recting the issuance of said temporary
injunction to the supreme court of
the state of California; and
Whereas, we are advised and be-
lieve that the determination OF the
said appeal from the said temporary
injunction will, to a great extent, or
entirely, be determinative Of certain
issues involved in the said foreclosure
suit still pending and undetermined;
and
Whereas, in that certain suit in the
republic of Mexico brought by the
Southern Pacific Company a receiver
Of the said Mexican corporation was
appointed by the said court of the first
instance at MeXcali; and
Whereas, the said receiver claims
that lie has not been discharged by
the Mexican court and that he has the
exclusive right to the possession and
operation Of the said canals in Mex
leo, and has demanded of the cOnsum-
ers of water in Imperial valley all or a
portion of the water rates payable by
said consumers under their various
contracts for water; and
Whereas, the receiver of the Cali
fornia Development Company appoint
ed in the said foreclosure suit claims
that he is entitled to the possession
and operation of the said canals in
Mexico, and to all of the said water
rates payable by the consumers of wa
ter as aforesaid; and
Whereas. such existing conditions Of
conflict between the two receivers ap-
pointed by the two courts, one of the
state of California and one Of the re-
public of Mexico, are a menace to
the integrity and maintenance of the
canal system, and the people Of the
entire Imperial valley, aggregating
27, 900, are dependent upon the said
wealth in the said valley, estimated
at $40,000000, would be greatly dam
aged by an interruption in the service
of water from the said canals; and
Whereas, an irrigation district in
the Imperial valley has been organized
under the laws of the state of Califor-
MIA for the purpose of acquiring a
canal system, and by reason Of said
pending litigation and the uncertainty
as to the ownership of the canal sys-
tenn in Mexico such purpose is imped-
ed and obstructed, and to a great eX-
tent rendered impr8cticable; and
Whereas, we are further advised