Connelly

Petitioner seeks our writ of prohibition 1 forbidding the respondent judge to act on petitioner’s motion to reduce petitioner’s bail, theretofore fixed at $75,000.00 by the respondent judge, for his release pending his trial under an indictment filed in respondent’s District Court for the Southern District of California.

The indictment charged, inter alia, that petitioner and some eleven other persons conspired to commit the offense against the United States of:

Petitioner, pursuant to 28 U.S.C. § 144 2 filed with the respondent judge the affidavit of himself and the eleven other indicted persons alleging certain facts respecting the statements of the respondent judge.

It was agreed at the'hearing that, since petitioner so was indicted, a colloquy, stated ■in the affidavit, occurred between Daniel C. Marshall, then appearing in the indictment proceeding as attorney for the petitioner Connelly, the respondent judge and another attorney. The affidavit’s statement of the colloquy is as follows:

A part of the facts to be proved against petitioner and his alleged co-conspirat'ors are those facts of the indictment’s allegation that the Communist Party of the United States is an…

(dissenting).

The record before us fails to convince me that it is our duty to disqualify Judge Carter from taking any further action in the above entitled matter. My conclusion that the petition fails to show disqualifying personal bias or prejudice rests upon the reasoning in such cases as Price v. Johnston, 9 Cir., 1942, 125 F.2d 806, 811 ; Loew’s Inc. v. Cole, 9 Cir., 1950, 185 F.2d 641, 646 , and see comments of Judge Yankwich in the same case in the lower court. 76 F.Supp. page 872; Eisler v. United States, 83 U.S.App.D.C. 315 , 170 F.2d 273, 278 ; Foster v. Medina, 2 Cir., 1948, 170 F.2d 632 .

I would dismiss the petition for a writ of prohibition.

191 F.2d 692 CONNELLY, v. UNITED STATES DIST. COURT IN AND FOR THE SOUTHERN DIST. OF CALIFORNIA, CENTRAL DIVISION et al. No. 13053. United States Court of Appeals Ninth Circuit. Aug. 24, 1951. As Amended Sept. 6 and 10, 1951. Ben Margolis and Daniel G. Marshall, Los Angeles, Cal., for petitioner. Ernest A. Tolin, U.S. Atty. Alexander Macdonald and Jackson W. Chance, all of Los Angeles, Cal., for respondents. A. L. Wirin, Los Angeles, Cal., amicus curiae, for American Civil Liberties Union. Before DENMAN, Chief Judge, and STEPHENS and BONE, Circuit Judges. DENMAN, Chief Judge. 1 Petitioner seeks our writ of prohibition 1 forbidding the respondent judge to act on petitioner's motion to reduce petitioner's bail, theretofore fixed at $75,000.00 by the respondent judge, for his release pending his trial under an indictment filed in respondent's District Court for the Southern District of California. 2 The indictment charged, inter alia, that petitioner and some eleven other persons conspired to commit the offense against the United States of: 3 ' * * * unlawfully, wilfully and knowingly to organize and help organize as the Communist Party of the United States of America a society,…