WORK—HOURS or, IK FACTORIES 3641
1935, ch. 574, sec. 68.
67. No officer or member of any association or organization, and no
association or organization participating or interested in a labor dispute
(as these terms are herein defined) shall be held responsible or liable in
any civil action at law or suit in equity, or in any criminal prosecution,
for the unlawful acts of individual officers, members, or agents, except
upon proof by the weight of evidence and without the aid of any pre-
sumptions of law or fact, both of
(a) The doing of such acts by persons who are officer members or agents
of any such association or organization, and
(b) Actual participation in, or actual authorization of such acts, or
ratification of such acts after actual knowledge thereof by such association
or organization.
1935, ch. 574, sec. 69.
68. In the interpretation and application of Sections 69-72, inclusive,
of this Article, the public policy of this State is declared as follows:
Equity procedure that permits a complaining party to obtain sweeping
injunctive relief that is not preceded by or conditioned upon notice to and
hearing of the responding party or parties, or that issues after hearing
based upon written affidavits alone and not wholly or in part upon exami-
nation, confrontation and cross-examination of witnesses in open Court,
is peculiarly subject to abuse in labor litigation for the reason that
(1) The status quo cannot be maintained but is necessarily altered by
the injunction,
(2) Determination of issues of veracity and of probability of fact from
affidavits of the opposing parties that are contradictory and, under the
circumstances, untrustworthy rather than from oral examination in open
court is subject to grave error.
(3) Error in issuing the injunctive relief is usually irreparable to the
opposing party, and
(4) Delay incident to the normal course of appellate practice frequently
makes ultimate correction of error in law or in fact unavailing in the par-
ticular case.
1935, ch. 574, sec. 70.
69. No court nor any judge or judges thereof shall have jurisdiction
to issue a temporary or permanent injunction in any case involving or
growing out of a labor dispute, as herein defined, except after hearing the
testimony of witnesses in open court, (with opportunity for cross-examina-
tion) in opposition thereto, if offered, and except after findings of all the
following facts by the court or judge or judges thereof;
(a) That unlawful acts have been threatened or committed and will be
executed or continued unless restrained;
(b) That substantial and irreparable injury to complainant's property
will follow unless the relief requested is granted;
(c) That as to each item of relief granted greater injury will be in-
flicted upon complainant by the denial thereof than will be inflicted upon
defendants by the granting thereof;
(d) That no item of. relief granted is relief that a court or judge thereof
has no jurisdiction to restrain or enjoin under Section 66 of this Article;
(e) That complainant has no adequate remedy at law; and
|