Tomich

This is an appeal from the decree of the court below, sustaining a motion to dismiss a bill seeking an injunction to prevent the collection or payment of bonds or warrants issued by an irrigation district in Montana, and from the levy or collection of taxes for the payment thereof. The plaintiff Tomieh is the owner, and his eoplaintiffs are the mortgagees, of lands in the district. The defendants are the district and its officers, the holders and owners of the bonds and warrants, and the taxing authorities of the district and county.

The law of Montana (section 7167 et seq., 2 R. C. M.) furnishes an elaborate system for the organization of irrigation districts, provides the qualification and election of the officers of such districts, and their power and duties. It is modeled after the Wright Law of California (St. 1887, p. 29), which was sustained by the Supreme Court (Fallbrook Irr. Dist. v. Bradley, 164 U. S. 112 , 17 S. Ct. 56 , 41 L. Ed. 369 ), and has been held valid by the Supreme Court of the state (O’Neill v. Yellowstone Irr. Dist., 44 Mont. 492 , 121 P. 283 ). It provides that, for the purpose of organizing an irrigation district, a petition signed by a majority in…