McCormick

The petitioners seek an order to show cause why mandamus should not issue to the judges of the United States District Court for the Southern District of California. The petitioners allege that they are the defendants in two certain suits for infringement of patents pending in said District Court; that the judges of that court have announced their intention to refer all patent eases to a standing master in chancery; that in accordance with that declared intention they have so referred most of the eases involving patent rights, and each and every such reference has been made over the objection of counsel for one or all parties litigant; that in the two causes above referred to the defendants objected to the said order of reference, for the reason that they were thereby deprived of the right secured to them under equity mile 46, to have the testimony of witnesses taken in open court, and the right secured to them under equity rule 59, whereby they are protected against a reference, except upon a showing that some exceptional condition requires it; that there was no showing made that the court below could not at a conveniently early date try said causes, or that any exceptional…