Page:United States Statutes at Large Volume 47 Part 1.djvu/95

 72d CONGRESS. SESS. I. CH. 90. MARCH 23, 1932 . 71 (b ) Becoming or remaining a member of any labor organization ,,at 3oontion of or gan- oor of any employer organization, regardless of any such undertaking r p romise as is described in section 3 of this Act ; (c) Paying or giving to, or withholding from, any person par- et c., Den ezsoi strike, ticipating or interested in such labor dispute, any strike or unemp Z - ment benefits or insurance, or other moneys or things of value ; (d) By all lawful means aiding any person participating or auidigpe dis puta nts interested in any labor dispute who is being proceeded against in, suit. or is prosecuting, any action or suit in any court of the United States or of any State ; (e) Giving publicity to the existence of, or the facts involved in, a puted ctss li city to any labor dispute, whether by advertising, speaking, patrolling, or by any other method not involving fraud or violence ; (f) Assembling peaceably to act or to organize to act in promotion Peac eably seas- . of their interests in a labor dispute ; bung. (g) Advising or notifying any person of an intention to do any of Comm unicati ng in. b Adv isin g Yli Y tendons to do acts. the acts heretofore specifie (h) Agreeing with other persons to do or not to do any of 'the ca rt Ag ed reem acts. s" for con . acts heretofore specified ; and (i) Advising, urging, or otherwise causin or inducing without Urgingothers tojoin. join . frau d or viol ence the acts here tofo re sp eci ed, regar dles s of any such undertaking or promise as is described in section 3 of this Act . SEC . 5 . No court of the United States shall have jurisdiction to Conc erted act of disputants not unlaw- issue a restraining order or temporary or permanent injunction upon ful combination . the ground that any of the persons participating or interested in a labor dispute constitute or are engaged in an unlawful combination or conspiracy because of the doing in concert of the acts enumerated in section 4 of this Act . Organization officers SEC . 6 . No officer or member of any association or organization, not liable for acts of and no association or organization participating or interested in a individual members. labor dispute, shall be held responsible or liable in any court of the United States for the unlawful acts of individual officers, members, or agents, except upon clear proof of actual participation in, or ratiiicaartiicipation or actual authoriza tion of, such act s, or of ratific ation of such act s after actu al kn owle dge there of. SEC. 7 . No court of the United States shall have jurisdiction to etc ., when may injunction, issue , issue a temporary or permanent injunction in any ca se involving or growing out of a labor dispute, as herein defined, except after hearing the testimony of witnesses in open court (with opportunity Procedure . for cross-examination) in support of the allegations of a complaint made under oath and testimony in opposition thereto, if offered, and except after findings of fact by the court, to the effect- (a) That unlawful acts have been threatened and will be com- t If unlawful ac ts are mitte d unle ss res traine d or have b een co mmitte d and will be con tinued unless restrained, but no injunction or temporary restraining order Restriction. shall be issued on account of any threat or unlawful act excepting ainst the person or persons, association, or organization making a the treat or committing the unlawful act or actually au thorizing or ratifying the same after actual knowledge thereof ; (b) T hat su bstant ial an d irre parab le inj ury to compl ainan t's pr op- Irreparable injury. ert will foll ow ; Great er injury to (c) That as to each item of relief granted greater injury will c omplainant. be inflicted upon complainant by the denial of relief than will be inflicted upon defendants by the granting of relief ; d That complainant has no adequate remedy ~ atlaw; and No a dequate remedy at law . e) That the public officers charged with the duty to protect com- Ade quate pr otection plainant's property are unable or unwilling to furn ish adequate net ""liable. prote ction . Such hearing shall be held after due and personal notice thereof Ile •3 rings. has been given, in such manner as the court shall direct, to all known Notic e.