In the Matter of the Petition of the Christensen Engineering Company for a Writ of Mandamus. riginal

• Decision Date: 31 May 1904
• Docket Number: O,No. 15,15
• Citation: 24 S.Ct. 729,194 U.S. 458,48 L.Ed. 1072
• Parties: In the Matter of the Petition of the CHRISTENSEN ENGINEERING COMPANY for a Writ of Mandamus. riginal
• Court: U.S. Supreme Court

194 U.S. 458

24 S.Ct. 729

48 L.Ed. 1072

In the Matter of the Petition of the CHRISTENSEN ENGINEERING COMPANY for a Writ of Mandamus.

No. 15, Original.

Submitted April 25, 1904.

Decided May 31, 1904.

This is a petition for a writ of mandamus commanding the circuit court of appeals for the second circuit to reinstate and take jurisdiction of a writ of error filed by the petitioner in that court, by which it sought to have reviewed an order of the circuit court for the southern district of New York, adjudging the petitioner guilty of contempt. The facts are, that on August 13, 1900, the Westinghouse Airbrake Company filed in the circuit court its bill of complaint, alleging the ownership of certain letters patent, an infringement by this petitioner, and praying an injunction restraining such infringement, and an accounting of profits and damages. A preliminary injunction was ordered on October 18, 1901. On February 21, 1903, the petitioner was adjudged guilty of contempt in disobeying that injunction, and ordered to pay a fine of $1,000; one half to the United States and the other half to the complainant. On March 23, 1903, a writ of error to revise this order was allowed by the circuit court, and a full transcript of the proceedings in that court duly certified to the circuit court of appeals. On March 18, 1903, the circuit court entered a decree sustaining the validity of the patent directing a permanent injunction, and an accounting of profits and damages. On April 16, 1903, an appeal was taken from this decree. A hearing on the writ of error was had before the circuit court of appeals, and, on February 13, 1904, that court dismissed the writ of error.

Mr. William A. Jenner for petitioner.

Mr. Frederic H. Betts for respondent.

Statement by Mr. Chief Justice Fuller:

Mr. Chief Justice Fuller delivered the opinion of the court:

The examination in Bessette v. W. B. Conkey Co. just decided (194 U. S. 324, ante, p. 665, 24 Sup. Ct. Rep. 665), of the right of review in contempt cases, precludes the necessity of extended discussion.

In that case Bessette was not a party to the suit, and the controversy had been settled by a final decree, from which, so far as appeared, no appeal had been taken. He was found guilty of contempt of court, and a fine of $250 imposed, payable to the United States, with costs.

In this case the Christensen Engineering Company was a party. The contempt was disobedience of preliminary injunction, and the judgment in contempt was intermediate the preliminary injunction and the decree making it permanent. The fine was payable, one half to the United States, and the other half to the complainant.

The distinction between a proceeding in which a fine is imposed by way of compensation to the party injured by the disobedience, and where it is by way of punishment for an act done in contempt of the power and authority of the court, is pointed out in Bessette's Case, and disclosed by some of the cases referred to in the opinion.

In New Orleans v. New York Mail S. S. Co. 20 Wall. 387, 22 L. ed. 354, the act in contempt was by one not then a party to the suit. No order was entered against him until the final decree in the case and then he was punished for ...