Bedgisoff

Petitioner brought an action against American Express Company in the District Court for the Western District of Washington, Northern Division, claiming damages for the breach of a contract to remit a sum of money to a bank at Vladieaucasé, Russia, for petitioner’s credit. The case was put at issue November 29, 1920, and since that date petitioner has made repeated efforts to have the case tried. The Ameriean'Express Company has resisted these efforts, claiming that by reason of the conditions obtaining in Russia it is unable to secure the evidence essential to its defense. On the 15th of November, 1921, the District Court continued the cause until the expiration of four months “following the date upon which the United States government shall have recognized the existence of a government in Russia.” On the 21st of May, 1925, the eourt denied petitioner’s motion to vacate this order. The answer admits these facts.

The trial court is vested with discretion to grant and refuse continuances. This discretion should be exercised in such manner as to assure the parties a fair trial without undue delay. It is eminently proper that the trial of a cause should be deferred for a reasonable…