McClung

This is an appeal from an order dated October 3, 1928, refusing the appellant leave to file a second proposed supplemental bill in equity after .decree. The decree in this action was entered December 20, 1917, in pursuance of a stipulation between the parties.

The original action relates to the rights of settlers holding contracts for water to be delivered under a proposed irrigation system to be constructed by the Twin Falls North Side Land & Water Company and to be operated by the North Side Canal Company, Limited, in which all owners of water rights, including appellant, were stockholders. This irrigation system was to be constructed under the act of Congress known as the Carey Act (43 USCA § 641)- and under the laws of the state of Idaho. The controversy presented to the court by the original bill was one in relation to the completion of the contract for the construction of the said irrigation system by the Twin Falls North Side Land & Water Company and to- the limitation of sales by it of water right certificates and shares of stock in the North Side Canal Company, Limited. Each share of stock as provided in the water certificate or contract with the Twin Falls North Side…