Page:Federal Reporter, 1st Series, Volume 1.djvu/872

 864 FEDERAL REPORTER. �tion that ail further proceedings to punish them for contempt be stayed. �In support of thia application it is first contended that the perpetuai injunction was rendered of no effect by the granting of the license. But it seems plain that the granting of a license by the plaiatifF could not deprive of vitality a writ of injunction issued by the court in pursuance of its final decree. In the absence of any order of the court to recall the writ, or Buspend its operation, I cannot doubt that it still remains alive, and afifords foundation for a commitment of the de- fendants, if equity requires such action on the part of the court. "Perpetuai injunctions are founded on the equity of relieving a man from the necessity of bringing action after action." Kerr on Injunction, 44. "The operation of such au injunction may be suspended for a given time by the action of the court." Kerr, 47. But unless suspended or recalled by the court a perpetuai injunction, issued upon final decree, continues in existence, and may be enforced at any time. �The real question raised by the license is not as to the power of the court to compel obedience to the injunction, but whether the plaintiff bas not, by granting the license, acqui- esced in the breach of the injunction, and so deprived himself of the right to demand a commitment of the defendants. Mills -v. Cohhy, 1 Merriville, S; Kerr on Injunctions, 578. �Upon this question it may be said that if the understand- ing between the parties had been that the injunction should be superseded, there would be little difficulty in holding, that the plaintiff had waived his right to demand a commitment of the defendants, notwithstanding their omission to apply for a suspension of the injunction by the court. But such oould not have been the intention of these parties. The license forms part of the agreement of compromise of January 3, 1878, made prior to the entry of the final decree. That agree- ment provides in express terms, not only for the license, but for a final decree and perpetuai injunction. The careful pro- visions in this contract for the issuing of a perpetuai injunc- tion forbid the conclusion that it was intended that the ��� �