
    No. 21,
    original.
    Ex parte Daugherty.
    Return to rule submitted January 5, 1931.
    Decided January 12, 1931.
    
      Mr. Richard L. Merrick for petitioner. Solicitor General Thgcher and Mr. Erwin N. Griswold for respondent.
   Upon consideration of the return of the Honorable George W. McClintic, Judge of the District Court of the United States for the Southern District of West Virginia to the rule, issued in this case, to - show cause why a writ of mandamus should not issue herein, it is now here ordered that the said rule be, and the same is hereby, discharged, and that the said petition be, and the same hereby is, denied without prejudice to an application to the Circuit Court of Appeals for the Fourth Circuit.  