Czuczka v. Rifkind

FRANK, Circuit Judge.

Ours is an appellate court, without power in ordinary circumstances to control the administration of the district court. We may not, by mandamus, interfere with that administration except in aid of our appellate jurisdiction. When a district judge arbitrarily refuses to hear a case, we may require him to do so.1 But here the judge merely denied a motion to expedite a hearing, and with leave to renew the motion in six months. It is irrelevant that, had we been sitting in the court below, we might not have been satisfied with the vague statement by the government officer of…