Cain

Appellants apply to this court for an order fixing bail pending appeal from the United States District Court for the Northern District of California. A similar application was made to the judge of the District Court before whom the criminal proceedings were had and the following order was made by the trial court on February 17, 1945: “The defendants, Newman and Cain, were present in custody of the United States Marshal; Leslie Gillen, Esq., S. E. Sheffey, Esq., and Fred McDonald, Esq., were present on behalf of the defendants, Newmon, Cain, Files and Shaffer; William Licking AUSA, was present on behalf of U.S. After hearing the attorneys for the respective parties, it is Ordered that the bonds on appeal be fixed as follows : Newman, $20,000; Cain, $20,000; Files, $5,-000; Shaffer, $5,000; said bonds to contain a supersedeas clause.”

The applicants complain particularly of the requirement that the bond fixed by the court required it to contain a supersedeas clause which they contend would require the sureties to 'pay the fine of $10,000 each which was levied against the defendants and that it is impossible for them to secure sureties who will agree to such a bond.

The rules of…