Oswald

This is a petition for a writ of mandamus to compel Olaf Oswald to furnish petitioner, the United States, without charge, a transcript of the proceedings at a trial in the United States District Court for the Territory of Hawaii in a suit to which petitioner was a party, and to compel the Honorable Delbert E. Metzger, one of the judges of the District Court, to order Oswald to furnish such a transcript without charge.

On July 31, 1943, and at all pertinent times prior thereto, Oswald was the District Court’s reporter, having been appoint *922 ed to that office by the judges of the District Court pursuant to § 86 of the Hawaiian Organic Act, as amended, 48 U.S.C.A. § 644 . 1 His duties were prescribed by the District Court’s Rule 129, 2 reading as follows :

“The official court reporter shall report and keep a record of all actions and proceedings tried and heard before this court. The compensation of the official court reporter shall, in addition to his salary provided by law, be $10 per day and $5 per half day for reporting in civil cases, and twenty cents per folio for transcribing his notes, to be paid by the party requiring the transcript. The per diem expenses in such cases…