Rutkowski

Frank Rutkowski, petitioner herein, has applied to this court for the issuance by it of the writ of mandamus directed to Honorable A. F. St. Sure, United States District Judge for the Northern District of California, commanding him to entertain and decide Rutkowski’s petition for the issuance of the writ of habeas corpus.

Judge St. Sure is the senior judge of a court consisting of four judges and as such is the executive head of the court. An order to show cause was issued out of this court to respondent Judge St. Sure, to which Judge St. Sure has made his return, and petitioner has filed his traverse thereto. All statements of fact made in this opinion are taken from the pleadings mentioned or from documents made parts thereof.

Heretofore Rutkowski’s petition for the writ of habeas corpus was received at the office of the above-named district court, and on July 26, 1943, it was filed in the office of the clerk of that court, and the proceeding was assigned to Judge Louis E. Goodman, a judge of that court, for his judicial action in accordance with the following rule of the court.

*716 Rule 1: “All actions and proceedings of whatsoever kind or nature — including criminal,…