Sauer

The petitioner herein is the editor, publisher and manager of “The San Diego Herald,” a newspaper printed and circulated in the city of San Diego. On the thirteenth day of March, 1930, this newspaper contained an article captioned as follows:

The article in question is quite lengthy and it is unnecessary to either set it out fully or to quote those portions alleged to be contemptuous. For the reason hereafter given, we express no opinion as to the nature of the context.

On the twentieth day of March, 1930, Honorable C. N. Andrews, Judge of the superior court, filed' an affidavit for contempt of court, and thereupon issued a writ commanding the sheriff of San Diego County to attach the body of the said A. R. Sauer and have him forthwith before Judge Andrews to show cause why he should not be punished for contempt.

On the twenty-fifth day of March, 1930, the matter came on for hearing before Judge Andrews. At the hearing the defendant, petitioner herein, filed his affidavit alleging disqualification of the respondent judge on account of actual bias and prejudice and made an application to have the matter transferred to another department of the San Diego superior court to hear…