after making the foregoing statement, delivered the opinion of the court. .
The examination in
Bessette
v.
W. B. Conkey Company,
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 a 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.
Steamship Company,
. These authorities show that when an order imposL Une fpr violation of an injunction is substantially one to rei. urse *461 the party injured by the disobedience, although called, one in a, contempt proceeding, it is to be regarded as merely an interlocutory order, and to be reviewed only on appeal from the final decree.
In the present case, however, the fine payable to the United. States was clearly punitive and in vindication of the authority of the court, and, we think, as such it dominates the proceeding and fixes its character. Considered in. that aspect, the writ of error was justified, and the Circuit Court of Appeals should have taken jurisdiction.
Petitioner entitled to mandamus.
