This opinion follows the law. I must, therefore, concur in it. I am, however, impressed with the idea that the punishment appears to be severe. The record of the unfortunate events which brought the petitioners to their present position indicates that at all times concerned they have been sincere in their belief that they were but asserting rights of private property guaranteed to them by the Constitution of the United States, and that they were led into at least some of their errors by agents, and by acts, of the government which now prosecutes them. Whether they can make a substantial showing in mitigation of punishment can be determined by the court in which a proceeding to that end may be instituted. (City of Vernon v. Superior Court (1952), 38 Cal.2d 509, 519-520 [241 P.2d 243] ; City of Vernon v. Superior Court (1952), [L. A. No. 22310], ante, p. 839 [250 P.2d 241].)
CARTER, J.In view of the position taken by Mr. Justice Schauer in his concurring opinion in this case, I cannot refrain from calling attention to a matter that should be obvious, and that is, that it is the view of Mr. Justice Schauer that even though section 1222 of the Code of Civil Procedure provides that judgments and orders of a court, judge or justice, made in cases of contempt are final and conclusive, and that all of the decisions of this Court and of the District Courts of Appeal *857of this state dealing with contempt cases so hold, nevertheless after a judgment'of contempt has been affirmed, the contemner may institute a proceeding in the court imposing the judgment and there obtain a remission of the punishment. Mr. Justice Schauer cites as his only authority for his position the cases of City of Vernon v. Superior Court, 38 Cal.2d 509 [241 P.2d 243], and City of Vernon v. Superior Court, L. A. No. 22310, this day decided (see ante, p. 839), of which he is the author. As pointed out in my concurring opinion in the last-cited case, the holding therein is diametrically contrary to the holding of the majority of this court in the case at bar. But if Mr. Justice Schauer is correct in his holding in the City of Vernon ease and in his concurring opinion in this case, there can be no finality to a contempt judgment, and section 1222 of the Code of Civil Procedure is a nullity.
I agree with Mr. Justice Schauer that the majority opinion in this case follows the law, and I likewise agree with him that the punishment imposed in this case appears to be severe, but my conscience and respect for the law prevent me from taking the further step with him and holding where a trial court acts within its jurisdiction and exercises its discretion in imposing a judgment of contempt, such judgment may be annulled on certiorari which can only be invoked to test jurisdiction. For this reason, I must concur in the judgment of affirmance in this case which is in direct conflict with the views expressed by the same majority of this Court in City of Vernon v. Superior Court, L. A. No. 22310, ante, p. 839 [250 P.2d 241].