Sain

This is an appeal by the-plaint .ffs from a final decree in equity -dismissing a bill of complaint charging unlawful interference with plaintiffs’ water rights, on the ground of failure of jurisdiction in the United States District Court. The dismissal by ihe court below was sua sponte, neither party presenting to it the question, the decision of which disposed of the controversy in that tribunal.

The complaint was.brought by several citizens of the state of Montana against the defendant power company, a corpo ration of New Jersey. The adequate jurisdictional amount was alleged.

The following facts appear from the allegations of the complaint: Ra:tlesnake creek is a short fresh-water stream emptying into the Missoula river in Western Montana. All parties to the action are successors in interest to certain persons who, prior to 1903, acquired rights to divert the waters of Rattlesnake creek; such rights being acquired by appropriation for beneficial uses. Rev.Codes Mont.1921, § 7093.

The complaint states that in 1903, in an action arising between various appropriators and claimants to the waters of the creek (such action being cause 1953 in lhe state district court), a final…