3642 ARTICLE 100

(f) That the public officers charged with the duty to protect com-
plainant's property have failed or are unable to furnish adequate
protection.

Such hearing shall be held after due and personal notice thereof has
been given, in such manner as the court shall direct, to all known persons
against whom relief is sought, and also to those public officers charged
with the duty to protect complainant's property.

Provided, however, that if a complainant shall also allege that unless
a temporary restraining order shall be issued before such hearing may
be had, a substantial and irreparable injury to complainant's property will
be unavoidable, such a temporary restraining order may be granted upon
the expiration of such reasonable notice of application thereof as the
court may direct by order to show cause, but in no case less" than forty-
eight (48) hours.

Such order to show cause shall be served upon such party or parties as
are sought to be restrained and as shall be specified in said order, and the
restraining order shall issue only upon testimony, or in the discretion of
the Court, upon affidavits, sufficient, if sustained, to justify the court in
issuing a temporary injunction upon a hearing as herein provided for.
Such a temporary restraining order shall be effective for no longer than
five days, and at the expiration of said five days shall become void and
not subject to renewal or extension, provided, however, that if the hearing
for a temporary injunction shall have been begun before the expiration of
the said five days the restraining order may in the court's discretion be
continued until a decision is reached upon the issuance of the temporary
injunction.

No temporary restraining order or temporary injunction shall be issued
except on condition that complainant shall first file an undertaking with
adequate security sufficient to recompense those enjoined for any loss,
expense, or damage caused by the improvident or erroneous issuance of
such order or injunction, including all reasonable costs (together with a
reasonable attorney's fee) and expenses against the order or against the
granting of any injunctive relief sought in the same proceeding and subse-
quently denied by the court.

The undertaking herein mentioned shall be understood to signify an
agreement entered into by the complainant and the surety upon which a
decree may be rendered in the same suit or proceeding against said com-
plainant and surety, submitting themselves to the jurisdiction of the court
for that purpose. But nothing herein contained shall deprive any party
having a claim or cause of action under or upon such undertaking from
electing to pursue his ordinary remedy by suit at law or in equity.

1935, ch. 574, sec. 71.

70. No restraining order or injunctive relief shall be granted to any
complainant who has failed to comply with any obligation imposed by
law which is involved in the labor dispute in question, or who has failed to
make every reasonable effort, to settle such dispute either by negotiation
or with the aid of any available machinery or governmental mediation or
voluntary arbitration, but nothing herein contained shall be deemed to
require the Court to await the action of any such tribunal if irreparable
injury is threatened.