HARRY W. NICE, GOVERNOR. 1197

examination, confrontation and cross-examination of wit-
nesses in open Court, is peculiarly subject to abuse in labor
litigation for the reason that

(1) The status quo cannot be maintained but is neces-
sarily altered by the injunction,

(2) Determination of issues of veracity and of proba-
bility of fact from affidavits of the opposing parties that
are contradictory and, under the circumstances, untrust-
worthy 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 particular case.

70. No court nor any judge or judges thereof shall have
jurisdiction to issue a temporary or permanent injunction
in any case involving or growing put of a labor dispute, as
herein defined, except after hearing the testimony of wit-
nesses 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 com-
mitted and will be executed or continued unless restrained;

(b) That substantial and irreparable injury to com-
plainant's property will follow unless the relief requested is
granted;

(c) That as to each item of relief granted greater
injury will be inflicted 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 67 of this Article;

(e) That complainant has no adequate remedy at law;
and

(f) That the public officers charged with the duty to
protect complainant'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.