Metzger

Petitioner filed its petition seeking a writ of mandamus to compel respondent Oswald, the court reporter for the United States District Court for the Territory of Hawaii, an officer 1 appointed pursuant to Section 86 of the Act of April 30, 1900, 31 Stat. 158 , c. 339, 48 U.S.C.A. § 644 , to furnish petitioner, for purposes of an appeal here, taken from a judgment of that court in a suit in which petitioner is a party, a transcript of the proceedings of the trial therein, which transcript Oswald refused to furnish unless paid certain amounts per folio, a payment in excess of his official salary.

The petition also sought -the writ against Judge Metzger to compel him to order Reporter Oswald to furnish the transcript without charge to petitioner. An order to show cause was issued and served upon the ■two respondents, who have appeared and responded to it.

The jurisdiction of this court to entertain .the petition for the writ in a case on appeal here exists in the aid of the appeal, which the refused performance of Oswald's alleged official duty may em *83 barrass or prevent. Judicial Code § 262, 28 U.S.C. 377, 28 U.S.C.A. § 377 .

Oswald admits the allegations of the petition of…