Page:The New International Encyclopædia 1st ed. v. 10.djvu/717

* INJUNCTION. 631 INK. has been called 'governing by injunction,' and has been denounced by such leaders and some publicists as an unwarranted new and arbitrary exercise of power by the courts. This coulenlion is not supported by legal authority, as the riglit to conduct one's business without interference or molestation from others in any manner is a long- established privilege of citizenship, the violation of M'hicli is an actionable wrong at law, and the jurisdiction of a court of equity to prevent wrongs and injuries to persons and their property and to restrain combinations and conspiracies for unlawful purposes ha-s alwaj's been exercised and has nexer been questioned b_v any court, State or Federal, since the organization of our judicial system. The English authorities are to the same efl'ect. Of course, the crux of the question in all these cases is, what constitutes an interference or molestation of another's business within the meaning of the law; and upon this point opin- ions are widely divergent. The courts liave not defined or limited the cir- cumstances in which relief by injunction will be granted, but reserve the right to exercise their power whenever a novel state of facts may seem to present urgent equitable groimds for doing so. With reference to the time when they are granted and remain in force, injunctions are also classified as preliminary or -interlocutor!/, and perpetual. 'R here there is danger that great damage will be done by one part.v to another before the questions between them can be deter- mined on their merits, a court of equity, or judge thereof, may, on application of one party to him on the bench, or at chambers, at any time of the day or night, and without notice to the other party, grant an injunction to prevent the con- tinuance of the wrongs complained of during the pendency of the action; or, if no action has been commenced, to operate as a stay until an applica- tion is made to the court by the party enjoined to have it dissolved. Upon such application all the facts on both sides are presented to the court, i.nd it may then dissolve the injunction or make it permanent. In order that the party thus suni- m.nrily enjoined may not suffer damage if it is finally determined that be was within his rights in doing the acts complained of, the court or judge requires the party seeking the relief to give sufficient security that he will pay all damages that his adversary may sustain by reason of the injunction if it is thereafter dissolved for lack of sutTicient legal giounds to .sustain it. This procedure thus protects both parties. This tem- porary, or interlocutory, injunction may be made perpetual if the court later determines that the grounds advanced for its continuance are valid in law and have been sustained by the proof. No srcurily is required upon the gi-anting of a per- petual injunction. As the order is directed to the person afTccted thereby, disobedience thereof is punished as a contempt of court (q.v.). See Cii.wcKRY; Eqfity. Consult: Jiinh. Treatise on the Law of Injunc- tions as Adminintrred in the Courts of the United f<tatcs and England (3d ed.. Chicago. ISnOl : 7err. Treatise on the Lair and Practice of In- junctions (4th ed.. London. 1(102) : TSeach. Trea- iise on the T.nw of Injunctions (Chicago. 1895). INJURY (from Lat. injuria, harm, from ni- jurius. acting wrongfully, from in-, not -|- jus, ri^ht, law). Tn the lepal sense of the term, an actionable wrons?: that is. anv act in violation of the rights of another of which %he law will take cognizance by allowing the injured party an action against the wrongdoer to recover specific property or damage, or both. In the practical sense the term may also be said to embrace actionable wrongs against the State, in which case the result sought b3' the action brought by or on behalf of the State is the punishment of the ollender. Injury, in the legal sense, is to be dis- tinguished from wrongs which are damnum absque injuria, that is, acts resulting in harm to another for which the law gives no remedy. An injury may also be injuria at>sque damno; that is, an injury which, although a technical invasion of a right, is without actual damage to the injured party. (See Damages.) The princi- ples governing the law of civil or private injury are discussed at length under the subject of Tort ami under Equity, which exercised its preven- tive jurisdiction over torts. See, also, .Justice; CoNTBACT; Troves; Trespass. The principles governing the law of public wrongs are discussed under Crime; Law, Criminal. INK (OF. enque, enche, Fr. enere, Prov. en- caut. It. enehiostro, ink, from Lat. encauslum, Gk. h/KavcTov, enkauston, purple ink, from ly- Kavaros, enkaustos, burned in, from iyKaleiv, enkai- cin, to burn in, from cv, en. in + Knicw, kaiein, to burn). Any colored fluid used in writing or printing. The use of ink for writing was known to the ancients, and papyri and manuscripts dat- ing back to more than 4000 years ago are to lie found in various museums. Many of these writing-fluids were pigments, consisting chiefly of various forms of carbon, such as ivory-black, lampblack, and soot mixed with gum. in order to avoid too great fluidity: others were apparently actual dyes of iron and acids, to which carbon was added. The liquor of the cuttlefish is report- ed by Cicero and Pliny to have been used among the Romans as a writing-fluid. Elegant manu- scripts, written in gold and silver inks, are well known, and among these may be mentioned the celebrated Codex Upsal, which is written in silver ink on violet parchment, the initials and certain passages being in gold. Some wnitten wholly in red ink, made of vermilion, purple, or cinnabar, are still preserved, although red wa.s more frequently used for the headings and ini- tials of books, chapters, and pages. The emperors of Constantinople were in the habit of signing their acts in red ink, and the first secretary was guardian of the vase containing the cinnabar, or vermilion, which the Emiieror used. Green ink, though rarely found in charters, often occurs in Latin manuscripts, especially those of later years. It was also used by the guardians of the Greek emperors before their wards attained their majority. Inks are commonly treated under the two heads of writing-ink and printing-ink. Bl.vck Writi.vg-Txk. Ordinary black writing- ink is a compound obtained by the .action of ferrous sulphate on an infusion of nutgalls or any similar compound containing tannin, and is essentially a ferroso-ferric gallate. Typical of this kind of ink is the one consisting of the fol- lowing ingredients: nutgalls, 12 pounds: ferrous sulphate, 5 pounds: gum Senegal, .'j pounds; and 12 gallons of water. It is prepared by carefully selecting nutgalls. preferably the variety from Aleppo, as that contains a larger proportion of gallic and tannic acids than other varieties,