Hoffman

Libel in personam against W. H. Worden Company and a number of its stockholders for labor and materials furnished in salving, repairing, and towing a certain sea barge between January 1 and April 1, 1931..

Defendants except to the libel on several grounds, two only of which may be noticed: (1) That the cause of action is not within the admiralty and maritime jurisdiction of this court because there is no allegation that the barge was on navigable waters of the United States when the work was performed and the material furnished; (2) that the *354 defendant stockholders are not liable because section 3 of article 12 of the California Constitution, creating stockholders’ liability, was repealed at the general election on November 4, 1930.

1. In North Pacific S. S. Co. v. Hall, 249 U. S. 119, 128, 129 , 39 S. Ct. 221, 224 , 63 L. Ed. 510 , the Supreme Court said: “There is no difference in character as to repairs made upon the hull of a vessel dependent- upon whether they are made while she is afloat, while in dry dock, or while hauled up by ways upon land. The nature of the service is identical in the several eases, and the admiralty jurisdiction extends to all. This is…