Full opinion text
WOOD (Fred B.), J. This is a proceeding to review an order in which the superior court found that the petitioners herein had violated a temporary restraining order, and adjudged them in contempt of court therefor. The petitioners are Oil Workers International Union, CIO, an unincorporated association (hereinafter called the International Union); Local 326 of Oil Workers International Union, CIO, an unincorporated association (hereinafter called the Local Union); J. P. Kenny, individually and as first vice-president of the Local Union; Frank M. Casey, individually and as financial secretary and business agent of the Local Union; Herman Phillips, Jr., Frank M. Silva, Harris E. Lakeman, Montell H. Bullock, Curtis C. Page, and Walter V. Holt. The International and the Local Unions, Kenny, and Casey are defendants in the action in which the order under review was issued, an action brought by Union Oil Company of California to enjoin the commission of certain acts. The verified complaint in that action, filed September 13, 1948, alleged that plaintiff operates at Oleum, Contra Costa County, a petroleum refinery, with two principal gates opposite each other and on either side of U. S. Highway No. 40 (one known as the main and the other as the Tormey entrance) and a number of subsidiary entrances; the refinery is also located on the main line of the Southern Pacific railroad, with four railroad entrances for the delivery of materials and shipment of products on spur tracks; it is necessary, in the conduct of the business, for plaintiff, the railway company and persons doing business with plaintiff to operate motor vehicles and trains into and out of the refinery; that the International and the Local Unions represent persons employed in the production and processing of petroleum and petroleum products, including persons so employed by plaintiff; that defendant J. Biro Brown is an officer, agent and representative of the International and other named defendants are officers, agents and representatives of the Local Union; that on September 4, 1948, the unions called a strike at the refinery; that ever since then defendants and their agents, members and representatives have and now are picketing the refinery by standing and patrolling in front of the several entrances thereto,—at the main entrance from 10 to 80 pickets and at another entrance from 4 to 20 pickets, and from 2 to 13 at the railroad entrance whenever it appeared that railroad cars were likely to enter or leave; at times as many as 100 pickets congregated at the main and Tormey entrances and by their number intimidated from entering or leaving the refinery, officers, agents, and employees of plaintiff, and other persons desiring to enter or leave; when persons or vehicles attempted to enter or leave by the main or the Tormey entrance, the pickets have so placed themselves in front of the entrance as to physically obstruct the same and prevent such persons and vehicles from utilizing the entrance; on September 4, 1948, defendants caused their pickets to enter the refinery premises and place themselves upon the rail-track leading thereto in such manner as to obstruct the railroad entrance thereto and, despite plaintiff’s demand to remove themselves, prevented the Southern Pacific Company from operating a train into the premises and caused the train to leave without picking up and removing 10 tank cars of petroleum products being shipped by plaintiff and thereby prevented plaintiff and ever since have prevented plaintiff from shipping said petroleum products; since September 4, 1948, for the purpose of unlawfully forcing plaintiff to accede to their demands, they have engaged in an unlawful scheme and conspiracy to molest, threaten, intimidate and coerce plaintiff, its agents, officers and employees, and the employees of Southern Pacific Company or other persons doing business with plaintiff, for the purpose of preventing the operation of the refinery, and of preventing plaintiff’s officers, agents and employees working thereat and of preventing Southern Pacific Company and others from continuing to do business with plaintiff, and in pursuance of said purposes have obstructed the entrances and in the manner described have intimidated persons desiring to enter or leave the refinery; defendants threaten to and unless restrained by order of the court will continue to so obstruct the entrances and intimidate persons desiring to enter or leave, who will be prevented by-intimidation and physical blockade from entering or leaving; and plaintiff will thereby be irreparably damaged and prevented from carrying on its said business, from bringing materials to the refinery, and from shipping the products from the refinery; and prayed for judgment enjoining defendants and persons acting under them from carrying on said scheme and conspiracy and from engaging in or continuing any of the acts described, and for a temporary restraining order and an injunction pendente lite. On September 13, 1948, in the action in the superior court, that court issued an order requiring the defendants therein to show cause why they should not be enjoined and restrained, during the pendency of the action, from directly or indirectly committing any of the following acts: “1. Intimidating, obstructing, molesting, harrassing or threatening bodily harm or injury to plaintiff’s officers, agents, employees, customers, or any other persons having business with plaintiff, or attempting to serve plaintiff, or the driver or operator of any vehicle, engine or train while entering, attempting to enter, leaving or attempting to leave plaintiff’s refinery at Oleum, Contra Costa County, California. “2. Obstructing in any manner any entrance of plaintiff’s said refinery at Oleum, Contra Costa County, California, including any entrance used for ingress and egress to and from said refinery by pedestrains, motor vehicles, or railroad engines and trains. “3. Congregating, gathering, massing, demonstrating, marching, picketing, standing, sitting, loitering, walking or stationing or maintaining any pickets or other persons at or near or in front of or within two hundred yards of any entrance of plaintiff’s refinery at Oleum, Contra Costa County, California, except as hereinafter provided. “4. Maintaining, stationing, or placing more than four pickets or other persons at any one time at or about any entrance to plaintiff’s refinery at Oleum, Contra Costa County, California. “5. Picketing, or maintaining or stationing any pickets on the property of plaintiff at Oleum, California, and from marching or loitering on said property. “6. Interfering with the movement of any automobile, trucks, railroad engines or trains, or other vehicles and from standing, lying, or gathering in the pathway of any automobiles, trucks, railroad trains or other vehicles which enter or leave or attempt to enter or leave or are about to enter or leave plaintiff’s refinery at Oleum, Contra Costa County, California. “7. Stationing or placing any picket or pickets with the intention or for the purpose of accomplishing any of the actions enjoined in paragraphs 1, 2, 3, 4, 5, and 6 above.” Immediately following the order to show cause, and as a part of it, the superior court further 1 ‘ Ordered that pending the hearing and determination of the foregoing Order to Show Cause the defendants and each of them, their agents, servants, representatives, officers, employees, members and pickets and each of them be and they are hereby restrained and enjoined from committing or performing directly or indirectly or by any means whatsoever any of the foregoing acts. ’ ’ Pursuant to stipulations, the court made and entered orders, from time to time, continuing the hearing on the order to show cause and continuing in full force and effect the temporary restraining order. The court issued orders to show cause (filed October 1 and 14, 1948) based upon affidavits filed by J. A. Grant, L. J. Briggs, Robert C. Diehl, J. H. Davison, Donald Ritchey, and two by G. H. Heffimen. Answering affidavits were filed by persons charged in the affidavits and served with the orders to show cause. Trial upon the issues thus presented commenced November 26 and concluded December 31, 1948. Upon the conclusion of the taking of evidence, counsel for the alleged contemnors moved for a continuance of the hearing, under section 595 of the Code of Civil Procedure, and filed his affidavit in support of the motion. Thereupon the court directed counsel for the alleged contemnors to proceed with his oral argument, to which counsel objected that there was not sufficient time to prepare for or present oral argument. The motion was thereupon denied by the court and the matter taken under submission. On January 12, 1949, the court entered its order finding that the petitioners had violated the temporary restraining order, and adjudging them in contempt of court because of such violations. Petitioners challenge the validity of the judgments of contempt upon six separate grounds, each of which, they urge, requires annulment of those judgments hy this court in this proceeding. Those several grounds, in the order in which presented by petitioners, save for transposition of their sixth point to first position, are: (1) The evidence is insufficient to support certain of the judgments as to certain of the petitioners, (2) the restraining order is void for violation of petitioners’ right of freedom of speech and for uncertainty of the complaint and affidavits upon which based, (3) the unions, as unincorporated associations, are not entities and therefore cannot be guilty of or liable for contempt, (4) the trial court had no jurisdiction to enjoin the acts in question because they were committed in a labor dispute over which the federal government and its courts have exclusive jurisdiction, and some of them were committed upon navigable waters over which the federal government and its courts have exclusive jurisdiction, (5) in denying petitioners’ motion to quash certain subpoenas duces tecum (assertedly issued upon affidavits which failed, contrary to state statutory requirements, to show the materiality of the documents sought), the trial court denied petitioners protection against unlawful search and seizure, and (6) in denying their motion, at the conclusion of the taking of evidence, for a continuance to enable their counsel to prepare for and to present oral argument, the trial court denied them their right to due process and the right to representation by counsel. They present the additional point that Union Oil Company of California was improperly joined as a respondent in their petition for the writ, that the company is neither a real party in interest nor a party whose interest would be directly affected by this proceeding, and that this proceeding should be dismissed as to the company. We will consider, first, their point that as to some of the charges and some of the petitioners there is a lack of evidence to support the judgments. We will then consider their other points in the order in which they have presented them. The asserted lack of evidence, we will discuss in connection with the several judgments and the charges upon which each is based. 1. The Sufficiency of the Evidence to Support the Judgments as to the Several Petitioners. In appraising the sufficiency of the evidence in a proceeding such as this, the inquiry is whether or not a judgment holding a petitioner guilty of contempt of court is supported by substantial evidence; not whether it is supported by a preponderance of the evidence, it being the function of the trial court, not the reviewing court, to weigh the evidence. In enunciating this test, for use in this type of proceeding, our Supreme Court in Bridges v. Superior Court, 14 Cal.2d 464 [94 P.2d 983], directed attention, first, to the principle that “On petition to review the judgment of the trial court, it is definitely settled that the sole question before the reviewing court is one of jurisdiction of the trial court to render the judgment under review. If it be determined that in the rendition of said judgment the trial court acted within its jurisdiction, then the inquiry ends, and the only order the reviewing court is authorized to make is one affirming the proceedings of the trial court. On the other hand, should it appear from the record as certified to us that the court either had no jurisdiction to pronounce said judgment, or exceeded its jurisdiction in doing so, then the proceedings should be annulled. (Sec. 1075, Code Civ. Proc.) .Other than as just indicated, the writ of certiorari will not be granted to review errors of law (People v. Latimer, 160 Cal. 716 [117 P. 1051]), or mere questions of fact. (White v. Superior Court, 110 Cal. 60 [42 P. 480].) ” (Pp. 484-485.) The existence of evidence before the trial court enters into the question of the jurisdiction of the trial court to act. As stated in the Bridges case, “in passing upon the question of the trial court’s jurisdiction, the reviewing court may consider the evidence before the trial court for the purpose of determining whether it was sufficient to give that court jurisdiction to render its judgment finding the accused guilty of contempt, and in case the court finds that the evidence is insufficient to sustain the conviction it will annul the judgment. (McClatchy v. Superior Court, 119 Cal. 413 [51 P. 696, 39 L.R.A. 691], Hotaling v. Superior Court, 191 Cal. 501, 506 [217 P. 73, 29 A.L.R 127], and Titcomb v. Superior Court, 220 Cal. 34, 44 [29 P.2d 206].) But in such a case, the review of the evidence is limited to determining whether there was any substantial evidence before the trial court to sustain its jurisdiction. The power to weigh the evidence rests with the trial court. (Daily v. Superior Court, 4 Cal.App.2d 127, 134 [40 P.2d 936]; McFarland v. Superior Court, 194 Cal. 407 [228 P. 1033]; In re Brambini, 192 Cal. 19 [218 P. 569]; Strain v. Superior Court, 168 Cal. 216, 223 [142 P. 62, Ann.Cas. 1915D 702]; White v. Superior Court, 110 Cal. 60, 64 [42 P. 480]; Imperial Water Co. v. Board of Supervisors, 162 Cal. 14 [120 P. 780].)” (14 Cal.2d at p. 485.) The court considered and distinguished In re Buckley, 69 Cal. 1 [10 P. 69], Hotaling v. Superior Court, 191 Cal. 501 [217 P. 73, 29 A.L.R. 127], and other cases not cited, upon the ground that each of those was an original proceeding before the Supreme Court, saying: “In proceedings of that nature, the same rule that governs the trial court in contempt proceedings is applicable to this or any appellate court at the hearing of contempt proceedings originally brought in such courts. It has repeatedly been held that an accused on trial for contempt must be proved guilty beyond a reasonable doubt. But such rule, as will be seen from the authorities cited above, has no application in a proceeding such as the one before us, to review the judgment of the trial court in finding the accused guilty of contempt.” (14 Cal.2d at p. 485.) “In considering the evidence before the trial court in the light of the rule just stated, it is our sole duty to determine whether such evidence is of sufficient substantiality to support the judgment of conviction, or as stated in Daily v. Superior Court, supra (p. 124) : ‘In the proceeding before us, the extent of our power is to inquire whether there was any evidence before the trial court sustaining its jurisdiction. ’ ” (14 Cal.2d at p. 486.) These principles, applicable in such a proceeding as this, are the law today in California. They have been applied in a number of subsequent decisions of our Supreme and appellate courts, and cited with approval in others. That the sole question in such a proceeding is one of jurisdiction of the trial court to render the judgment under review, we find stated in Hume v. Superior Court, 17 Cal.2d 506, 512 [110 P.2d 669]; Taylor v. Superior Court, 20 Cal.2d 244 [125 P.2d 1]; Rappaport v. Superior Court, 39 Cal.App.2d 15, 20 [102 P.2d 526]; Associated Lbr. etc. Co. v. Superior Court, 79 Cal.App.2d 577, 582 [180, P.2d 389]; and In re Oxman (habeas corpus), 100 Cal.App.2d 148, 151 [223 P.2d 66]. The reviewing court may examine the evidence to determine the jurisdictional question and annul the judgment of contempt if the evidence does not justify that judgment or, conversely, annul an order which erroneously sustained a demurrer to an affidavit which sufficiently alleged the commission of a contempt (Taylor v. Superior Court, supra, 20 Cal.2d 244, 246). As to sufficiency of the evidence, if the trial court had jurisdiction the reviewing court’s attention is confined to a consideration of whether or not there was any substantial evidence to support the judgment of contempt (Rappaport v. Superior Court, supra, 39 Cal.App.2d 15, 22). In this state, the writ of certiorari will issue only when an inferior tribunal has acted without or in excess of its jurisdiction; this writ cannot be used as a writ of error whether an appeal be available or not (Howard v. Superior Court (reviewing a probate order, not a judgment of contempt), 25 Cal.2d 784, 787, 788 [154 P.2d 849]). In a proceeding upon a writ of habeas corpus to review a judgment of contempt (a writ which tests the jurisdiction of a lower court to act), the burden is upon the petitioner to file the necessary records and papers with the reviewing court; the burden is on him to establish the necessary grounds for his release, and the presumption of regularity of the proceedings in support of the judgment prevails in the absence of evidence to the contrary (In re Oxman, 100 Cal.App.2d 148, 150-151 [223 P.2d 66]). In a habeas corpus proceeding to review a petitioner’s conviction of violation of an antipicketing ordinance (an ordinance found valid in part and invalid in part), petitioners failed to show that they were not convicted for violating the valid part of the ordinance; such a proceeding being in the nature of a collateral attack, the judgment under review carried with it a presumption of regularity; this is not a conclusive presumption, but it put a burden on the petitioners of proving that their convictions were based upon the invalid part of the ordinance, and they failed to meet that burden (In re Bell, 19 Cal.2d 488, 500 [122 P.2d 22]). We note that there are a few decisions which contain statements from which it might be inferred that the evidence test used in the Buckley case is applicable upon review of a judgment of contempt, statements apparently stemming from the Hotaling case. These decisions are: Mattos v. Superior Court, 30 Cal.App.2d 641 [86 P.2d 1056]; Wilde v. Superior Court, 53 Cal.App.2d 168, 177 [127 P.2d 560]; In re Clarke, 60 Cal.App.2d 21, 26 [140 P.2d 92]; Groves v. Superior Court, 62 Cal.App.2d 559, 568 [145 P.2d 355]; In re Felthoven, 75 Cal.App.2d 465 [171 P.2d 47]; and In re Donovan, 94 Cal.App.2d 399, 402 [210 P.2d 860]. The making of this comment carries with it no suggestion that any of the decisions last cited may have applied the wrong test in reviewing the evidence. In nearly all, if not all, the decision was based primarily upon the fact that the affidavit alleging contempt failed to state facts sufficient to constitute a contempt. In the Wilde case, the reviewing court found a total absence of evidence in support of one of the material facts. (53 Cal. App.2d, at p. 180.) In the Clarke case, the reviewing court’s examination of the record disclosed an absence of any “substantial evidence” tending to prove one of the. material facts. (60 Cal.App.2d, at p. 32.) We will view the several judgments of contempt serially, with the charges upon which each is based, and in connection with each the questioned sufficiency of the evidence. We identify each judgment by the name of the person whose affidavit initiated the proceeding, referring to the affidavit as a “complaint. ’ ’ • Each complaint states that the temporary restraining order was issued by the court September 13, 1948; sets forth the provisions of the order in haec verba and states that at all times mentioned the order has been and is in full force and effect; and alleges that at all times mentioned each of the alleged contemnors had notice and knowledge of the order and its provisions; that each of the alleged individual contemnors is and at all times mentioned has been a member and agent of each union and at all times acted as such; and that each alleged contemnor violated the order willfully, intentionally and unlawfully. The allegations of each complaint were put in issue by the answering affidavits, except that membership of the individuals in each union was admitted and petitioners Casey and the Local Union in their answer to count II of one of the Hemmen complaints (not the one under review herein) expressly admitted that “Frank M. Casey is ... an agent of Local 326.” Casey verified the answering affidavits on behalf of the Local Union as well as in his individual capacity. The Grant complaint, an affidavit by J. A. Grant, filed September 27, 1948, alleged, in count III thereof, that petitioners Phillips and the Local Union (and other persons named) violated the temporary restraining order on September 17, 1948, by threatening the train crew of a Southern Pacific railroad train with bodily harm and threatening to strike the crew with rocks and to use other violence on them if they drove the train into the refinery; that the train crew was about to operate the train through an entrance to the refinery to do business with plaintiff and haul tank cars from the refinery; and that by reason of said threats and acts the train crew was prevented from operating the train and refused to operate it into the refinery or to transact business with plaintiff. The court found these allegations true as to Phillips, the Local Union, its officers and the members of the strike committee of the Local, and adjudged Phillips and the Local Union guilty of contempt of the authority of the court. As punishment therefor, the court directed the union to pay a fine of $50, and Phillips a fine of $25; Phillips, if he defaulted in payment of his fine, to be imprisoned in the county jail at the rate of one day’s imprisonment for each $2.00 of the fine. The evidence shows that on the afternoon of September 17, 1948, a Southern Pacific train crew brought an engine and caboose from Rodeo to Oleum for the purpose of entering the premises of respondent’s refinery and taking out some tank ears. The railroad tracks in this vicinity run close to the shore of San Pablo Bay. As this train approached a certain switch and was stopped for the purpose of unlocking and opening the switch, a boat with men in it was lying from 10 to 25 feet offshore. The boat had a sign on it “Picket” or “Picket Boat.” When the train stopped and the trainmen got out and approached the switch to unlock and open it, rocks were thrown from men in the boat. Edmister (one of the men in the boat) testified that when the train came up and stopped to switch, he told them there was a picket there and “we” didn’t want them to go in, and that he threw some rocks, and they (the trainmen) got in the switch engine and rode back to Rodeo. Phillips (in the boat with Edmister) denied that he threw any rocks and said that nobody else (nobody except Edmister) threw any rocks that he saw. However, three persons who were standing near the switch and knew and recognized Phillips, testified that he did throw rocks, and that some dozen to 20 rocks were thrown. This is substantial evidence of rock throwing by Phillips. Petitioners’ other contention in respect to Phillips is that there was no evidence that he had knowledge or notice concerning the temporary restraining order or any of its provisions. It is true that he denied having any such knowledge or notice. However; there is testimony that on that occasion a deputy sheriff told the men in the boat they were not supposed to throw rocks, and that they had to be 200 yards from the Union Oil Company property. Phillips denied hearing any such statement. He admitted the boat was close inshore but said he did not even hear the conversation that Edmister had with anyone on shore; did not hear anything anybody said on shore; he was yelling at the time Edmister was throwing rocks and did not recall that Edmister was yelling at that time. He was at first quite uncertain whether there was anyone else in the boat beside himself and Edmister, said there may have been another fellow, or maybe two more, could not swear to it, and finally his best recollection was that there were others in that boat beside himself and Edmister. He was positive, however, he had not done any picket duty prior to this date (Sept. 17). But earlier in the trial he testified (in relation to counts I and II of the Grant complaint) that on two previous occasions, September 15 and September 16, he had been out in a boat on San Pablo Bay. On the 15th he was in a cabin cruiser, which carried a sign, “Oil Workers’ Picket Boat, ’ ’ a sign he put on the boat on September 5. The picket sign was given him by the union and he put it on the boat; did not keep it on continuously, put it on and off upon occasion. The gas for that boat was given him for working. In his earlier testimony he said that between September 5 and 15 he picketed barges that came up the channel, and tankers, also over at Vallejo, whenever a boat was coming in; went out in the bay on the 15th and noticed a train coming, then went to Oleum and put the picket sign on the boat and waited for the train to come; saw a locomotive there, with fellows on the tracks, and a small boat offshore; stayed there half an hour, maybe a little longer; did not hear any conversation of the persons in the small boat. On September 16, according to Phillips’ earlier testimony, he was out in the bay in a smaller boat, with five other persons, fished for some time without any luck; they noticed a train from Rodeo approaching Oleum, so went to Oleum and put the picket sign on the boat and waited for the train to come; these signs were in the boat before they started fishing; the boat was lying offshore opposite the switch some 15 to 30 minutes before the train arrived; had been out for two or two and a half hours when they approached Oleum for the purpose of picketing that train; said that when the train arrived Mr. Costa, in the front of the boat, and about 6 or 7 feet from Phillips, got up and said something to the trainmen about ‘ ‘Are you going to open that switch ? ’ ’ but that Phillips did not hear what else Costa said, nor any reply. He saw Mr. Eshleman that day (the 16th) and knew that Mr. Eshleman said something, but could not hear Eshleman, could not hear the words, although Phillips admitted his hearing was all right. There was testimony by the witness Creed that when the trainman unlocked the switch (Sept. 16) and the boat was within about 10 feet of the shore, Costa said, “Don’t throw that switch,” and “You are not going to take anything out of the refinery”; that the trainman asked, “Is that a threat?” and Costa said “Yes.” Creed further testified that following the event just described, on the 16th, Mr. Eshleman, standing near the switch, close to the water’s edge, stepped up and asked these men in the boat if they knew there was an injunction and court order forbidding any interference with trains out or in, to which Costa replied, “That doesn’t make any difference. You’re not going to take any cars out”; the bow of the boat was about 10 feet from shore; Creed was some 30 feet north of the switch, was about 35 to 40 feet from Costa, heard what Costa and the trainman said, and heard what Eshleman said. This testimony by Creed was corroborated by the witnesses- Grant and Diehl. Diehl said that Eshleman shouted, and the witness Eber testified that Eshleman cupped his hands and hollered. This evidence supports the implied finding of the trial court that Phillips heard the conversation between Costa and the trainman and the information concerning the restraining order furnished by Eshleman. It is a reasonable inference that such information, given under those circumstances to an active member-picket such as Phillips, produced in his mind the requisite knowledge of the pertinent provisions of the restraining order. This knowledge he acquired during and at the conclusion of his boat-picketing activities on the 16th but prior to those of the 17th of September. The knowledge' a person may have when material to an issue in a judicial proceeding is a fact to be proven as any other fact. It differs from physical objects and phenomena in that it is a state of mind like belief or consciousness and cannot be seen, heard or otherwise directly observed by other persons. It may be evidenced by the affirmative statement or admission of the possessor of it. If he is silent or says he did not have such knowledge, it may be evidenced in other ways, e. g., by his conduct or by proof that the information was given him in writing and he read the document, or orally and he heard the statement made. ‘ ‘ The state of mind of a person, like the state or condition of the body, is a fact to be proved like any other fact when it is relevant to an issue in the case, and the person himself may testify directly thereto. (See 29 [20] Am.Jur. 312.) Whenever the motive or intent with which an act was done is relevant, direct testimony is admissible, although not conclusive. (Harned v. Watson, 17 Cal.2d 396, 403 [110 P.2d 431]; Gilmour v. North Pasadena Land etc. Co., 178 Cal. 6, 9 [171 P. 1066]; Horton v. Winbigler, 175 Cal. 149, 156 [165 P. 423]; Karr v. Powell, 66 Cal.App.2d 28, 33 [151 P.2d 576]; see Code Civ. Proc., §1870; 1 Jones Commentaries on Evidence, §§ 170 et seq.; 10 Cal.Jur., Evidence, § 117; 20 Am.Jur., Evidence, § 338; 31 C.J.S., Evidence, § 178.) Also, when knowledge of a fact has important bearing upon the issues, evidence is admissible which relates to the question of the existence or nonexistence of such knowledge and a wide range of proof is allowed. (Katz v. Bedford, 77 Cal. 319, 323 [39 P. 523, 1 L.R.A. 826]; Central H. Imp. Co. v. Memorial Parks, Inc., 40 Cal.App.2d 591, 609 [105 P.2d 596]; see Code Civ. Proc., § 1870; 10 Cal.Jur., Evidence, § 118; 20 Am.Jur., Evidence, § 336; 31 C.J.S., Evidence, §178.)” (Cope v. Davison, 30 Cal.2d 193, 200 [180 P.2d 873, 171 A.L.R. 667].) The authorities therein cited indicate the wide range of proof allowed. In Katz v. Bedford, 77 Cal. 319 [19 P. 523, 1 L.R.A. 826], evidence that a party was present and saw certain work done was deemed material as tending to show that payment for that work without objection was made by him “with knowledge of the manner in which the work was done and its quality.” (P. 323.) In Treadwell v. Whittier, 80 Cal. 574 [22 P. 266, 13 Am.St.Rep. 175, 5 L.R.A. 498] (cited in 20 Am.Jur., Evidence, § 336), evidence that the defendants were cautioned by a skilled mechanic who had repaired their elevator that they were running it carelessly, was held “competent and material to show a knowledge by defendants that they were operating the elevator incautiously and carelessly.” (P. 602.) Whenever “the intention, feeling, belief, or other mental state of a person at a particular time ... is material to an issue under trial, evidence of such person’s declarations at the time indicative of his then mental state are admissible in evidence.” (Estate of Carson, 184 Cal. 437, 445 [194 P. 5, 17 A.L.R. 239], cited in 20 Am.Jur. 312.) In a prosecution for receiving stolen property, contradictory statements by the defendant and evasive answers to questions concerning ownership and the manner in which he acquired the property are evidentiary of guilty knowledge at the time of acquisition. (People v. Smith, 26 Cal.2d 854 [161 P.2d 941].) These general principles of proof of knowledge are of course applicable in a contempt proceeding as in any other type of proceeding. (See In re Brambini, 192 Cal. 19, 36-37 [218 P, 569], and Sorrell v. Superior Court, 73 Cal.App.2d 194 [166 P.2d 80].) As to the element of intent, we must bear in mind that “Disobedience of any lawful judgment, order, or process of the court” is by statute defined as contempt of the authority of the court. (Code Civ. Proc., § 1209.) When it appears by substantial evidence that a person committed an act proscribed by a lawful order of a court and did so with knowledge of that order and its pertinent provisions, there is substantial evidence that will support a finding of an intentional violation of the order. (See Hume v. Superior Court, 17 Cal.2d 506, 512-13 [110 P.2d 669], and In re Jarvis, 57 Cal.App. 533, 538 [207 P. 494].) Petitioners cite In re Donovan, 94 Cal.App.2d 399 [210 P.2d 860], as holding that something more by way of proof of intent is required in a contempt proceeding. We do not so read that decision. The injunction there involved was mandatory in character, hence not in force pending an appeal, and the order made in the contempt proceeding contained no finding which negatived a belief that the injunction was unenforceable pending the appeal. Here the restraining order was in full force and effect and the finding that as to Phillips all of the allegations of the complaint were true included findings that he committed these acts with knowledge that they were forbidden by order of court and that he did so willfully and intentionally. We conclude that the judgment of contempt entered against Phillips on the Grant complaint was supported by substantial evidence and that the trial court had jurisdiction to render that judgment. The Briggs complaint, an affidavit by L. J. Briggs, filed October 1, 1948, alleged that the International and the Local Unions, Harold A. Madden, Prank M. Silva, and Harry E: Lakeman, on September 22, 1948, at Oleum, violated the restraining order in that they threatened the train crew of a railroad train of the Southern Pacific Company with bodily harm and attempted to strike the crew with rocks and threw rocks at the crew while the crew was switching freight cars preparatory to driving the train through an entrance to plaintiff's Oleum refinery, thereafter to haul tank cars from the refinery; by reason of which acts the train crew was prevented from operating, and refused to operate the train into the refinery or to transact any business with the plaintiff. The court found all of the allegations true, except that Madden at the time alleged had neither notice nor knowledge of the restraining order or of its provisions; dismissed as to Madden; and adjudged each union, Silva and Lakeman guilty of contempt of the authority of the court. As punishment therefor, the court ordered the International Union to pay a fine of $50; the Local Union a fine of $75; and Silva and Lake-man a fine of $25 each. This was a case of picketing a switch engine and caboose by boat. It occurred on the afternoon of September 22, 1948. Silva and’Madden had gone out on the bay, from near Rodeo. Silva testified he knew the train was going to make that move (Rodeo to Oleum to haul tank cars into the plant), knew the train’s schedule, and got there before the train did. He took three or four rocks in the boat, all they needed. When the train arrived, his boat was out about 70 feet from the main line, 10 or 15 feet from the shore. He had turned his outboard motor off and was rowing. Madden stood up on the rear seat, facing the shore. Silva figured when the engine came that far it was time to throw a couple of rocks, and told Madden to hit the caboose, not the trainmen. When the train stopped, Silva told Madden to let them have it. One rock hit the caboose and one the engine. Then the whistle blew, and that, said Silva, meant there was a threat on, a threat from those two rocks; Silva thought maybe they (he and Madden) could do it that way, and “we did it,” “we stopped the train”; there was an argument then between the men on shore, and finally the train pulled out. This is substantial evidence, by Silva himself, in addition to the testimony of four persons who witnessed these events from the shore, each of whom recognized Silva as the man who handled the oars and Madden as the man who threw the rocks. Silva denied having any knowledge of the injunction or its provisions on the 22d; said he had no such knowledge until a deputy sheriff told him about it October 6 or 7, after he had been served five times with papers concerning it. Yet, earlier in the trial, testifying concerning events in which he participated on September 15 and asked when he did find out about the injunction, he testified, “I don’t remember, but later on I did find out. I think Mr. Carlson [deputy sheriff] or somebody told me, and that was, say, about, I should say, maybe a week or so after this [on the 15th] happened, maybe; I am not sure now.” Confronted with this testimony, he said, “You must remember I said I wasn’t sure what time it was— might be a week, might be two weeks, might be three weeks. ’ ’ He had been active in picketing; testified he had picketed the main gate to the refinery during the first week of the strike, and the pedestrian gate after the 15th of September, on which occasions he might have seen those notices (placards II inches by 14 inches, setting forth the text of the injunction, posted at or near the gates on September 14), but did not pay any attention to them. Shown pictures of himself, with a picket sign, standing near the pedestrian gate (on Sept. 27), he said he would always stop there and talk a little bit, if he saw an opening, and always found a place where there was an opening; that every time he came up to the picket line he placed himself where there was an opening, so he always had a picket sign in his hand. He said he had difficulty reading English, but that he read English a little bit in connection with his work, the switching lists used by him during the eight years he had worked as a brakeman for the company’s plant locomotive, prior to which he had worked about 19 years on the company’s railroad equipment and trucks within the refinery. Asked if he could read more than the word “Notice” on the placard (posted at the refinery entrances), which was produced in court, he said, “Yes, if I was getting close to it.” Asked to read further, he read, ‘ ‘ ‘ This refinery is protected by the restraining order and you are-’ How do you pronounce that word?” By the court, “Injunction.” Silva continued reading, “ ‘October 13, 1948, in the case of the Union Oil Company’—at this time, my eyes are getting blurred, Your Honor.” That was a demonstration of a working knowledge of English, written as well as spoken. He testified, also, that he used to see Frank Casey four or five times a day. (Casey was financial secretary and business agent of the Local Union, and a member of its strike committee, and was served with a copy of the restraining order on the 14th of September.) Further indication of Silva’s activity in picketing is furnished by certain issues of “Off Stream,” a mimeographed news bulletin prepared by the publicity committee, and bearing the legend “Issued by The Strike Committee,” of the Local Union, during a portion at least of the strike period. The issue dated 9-19-48, under the heading “Picket Boats,” told the members of the union that “Frank Silva has one of the toughest jobs in this strike. He’s in charge of the ‘tank Car Pickets.’ He’s responsible for keeping the tank cars in the refinery—and they’re still there! First the boys picketed the gates onto the tracks; then they were moved back 200 yards, so they picketed on the tracks; SP cops ran them off the tracks, so now 6 boatloads take turns picketing the switch, from the Bay. Our water-borne operation is a success so far; and Frank said ‘We intent to hold that line. ’ We believe they will. Keep up the good work, Frank and Crew!” The issue of Off Stream dated 9-22-48 carried a drawing of four men in a boat close offshore from a railroad track, two standing up and throwing rocks at fish, a sign by the track reading, ‘ ‘ Oleum Gate 200 yards, S.P.R.R. Co.,” and a heading, “We Picket by Land and by Sea.” In the text of that issue appears the news item: ‘ ‘ Our sea-going ‘switch-pickets’—not to be confused with the Nelson and Swan picket fleet—were on the job. But the company moved two tank ears around and up the hill and past the Carpenter Shop. The pickets up above didn’t realize, what was happening, and didn’t get word down to the switch-boat. So the first thing the boys in the boat knew, two tank cars were out on the main track, having come out the gate by the Edeleanu Plant.” Marcos, the president of the Local Union testified that he did not know whether Silva was a captain in charge of the boats: that he heard Silva referred to as “Admiral of the Fishing Fleet,” but did not think Silva had the responsibilities of keeping the tank cars in, any more than any other member of the Local. Silva’s admission that he found out about the injunction a week or so after the 15th of September was made in the presence of the trial judge, who by that very fact could appraise and evaluate the admission as a reviewing court cannot do from a mere reading of the typewritten record. The witness’ manner of speaking and his evasiveness on the question of knowledge constituted evidence by conduct given the trial judge by the witness as to his state of mind concerning that knowledge and when it was acquired by him. Additional circumstances were the fact that notices of the restraining order were posted at all entrances to the refinery commencing September 14, that after September 15, according to Silva’s testimony, he picketed at the pedestrian gate whenever he found an opening and that he always found an opening, and that he may have seen those notices but did not pay any attention to them. Such an admission given by a witness under those circumstances was substantial evidence upon which the trial court might base its finding that on September 22 Silva had knowledge of the pertinent provisions of the restraining order. Proof of opportunity to know of the injunction through the signs at the gates, alone, is not sufficient. However, it is stretching human credulity to the utmost to believe that Silva, and the other pickets, standing around and near the posted notices, would not indulge their natural curiosity and look at the signs, unless it were a situation such as referred to in People v. Brown, 74 Cal. 306 [16 P. 1], where the court said concerning the proof of knowledge on the part of a receiver of stolen property, “If a ease could arise ... in which it should appear that he suspected the fact and abstained from inquiry lest he should know, knowledge might be inferred.” (P. 310.) While perhaps any one of the circumstances above mentioned, standing alone, might not justify an inference of knowledge of the injunction, all of them taken together, considered in the light of the situation at th'e plant’s entrances, make such an inference a very reasonable one. Lakeman, by his own testimony and that of others, was alone in a boat, offshore, during these occurrences on the 22d. Several witnesses testified that during these occurrences Lakeman was cruising in and out near shore, and that he yelled to persons on shore, calling them “scabs” and “rats.” Several witnesses saw signs on several of the boats. There were five boats offshore of the switch that day; two close in, the others further out. One witness identified the signs as “Picket” but none identified those boats as including Lake-man’s, and one saw no sign on Lakeman’s. Lakeman testified he had no picket sign on his boat, and did not recall seeing any on the other boats. He said he went out in his boat to find if others had caught any fish; he had been out about 45 minutes to an hour, when, nearing Oleum, he came over toward these other boats to see what was going on, and recognized two men he knew inside the refinery fence, hollered at one of them asking what he was doing in there and called the other a “rat”; there was a train on the track; he stayed around three-quarters to an hour; recognized Silva in one of the boats ; didn’t know who the others in the boats were; his only purpose in staying there that length of time was that he heard some of the boys were going back to work and wondered who they were. He denied that on that day (the 22d) he had any notice or knowledge .of the restraining order; but earlier in the trial testified that on the 16th he was in the boat with Costa and Phillips, near the switch, that Costa hollered at one of the trainmen not to touch the switch, and the fellow said, “What are you going to do?”, and did not recall any more conversation; and in this portion of his testimony said he heard Eshleman was supposed to have said something to Costa but he, Lakeman, did not hear Eshleman’s voice. He said he had done picket duty before; a couple of times early in the strike at the dormitory gate of the plant, and once in a boat about a week before the 22d; said his duties for the union were to get fish and take them over to the hall, and get gasoline for the outboard motors at the Port of Oakland for the fishing boats that went out; that he handled gasoline for the boats at Joseph’s, near Rodeo, gasoline purchased to donate to the union, used for the boats to do the fishing, he did not know if it was used in the boat motors in picketing or not. Here, as in the case of Phillips under the Grant complaint, was substantial evidence supporting the trial court’s finding that Lakeman, as charged in the Briggs complaint, had knowledge and notice of the restraining order and its provisions, and that he was no mere bystander upon the occasion of the violent picketing of the train by Silva and Madden. We conclude that the judgment of contempt entered against Silva and Lakeman on the Briggs complaint was supported by substantial evidence, and that the trial court had jurisdiction to render that judgment. The Diehl complaint, an affidavit by Robert C. Diehl, filed October 14, 1948, alleged that the International Union and the Local Union and Prank M. Silva, Stanley Shulman and Prank Coppa, on September 27, 1948, at Oleum, violated the temporary restraining order by throwing rocks at and damaging a switch engine of plaintiff at the refinery and did intimidate, molest, harass and threaten bodily harm to, and throw rocks at Robert C. Diehl, John Norton, John Salmond and J. A. Grant, employees of plaintiff who were then on the refinery property of plaintiff. The court found all of the allegations true except that Shulman did not at that time have notice or knowledge of the restraining order or of its provisions; dismissed as to Shulman and adjudged each union and Silva guilty of contempt of the authority of the court. As punishment therefor the court ordered the International Union to pay a fine of $75; the Local Union a fine of $100; and Silva a fine of $50. Substantial evidence was adduced that would probably support the judgment if the complaint stated facts sufficient to show on its face the commission of acts enjoined by the restraining order. The question is whether or not the alleged threatening of bodily harm to and throwing of rocks at certain of plaintiff’s employees “who were then on the refinery property of plaintiff” were acts forbidden by the restraining order. If they were not, the complaint failed to allege the commission of acts which constituted disobedience of that order. If those acts were forbidden by that order, they were forbidden by the provisions of its first paragraph. But that paragraph is a single sentence which concludes with the words “while entering, attempting to enter, leaving or attempting to leave plaintiff’s refinery at Oleum . . .” Do those words limit everything that precedes them in that sentence or merely the immediately preceding words, ‘ ‘ driver or operator of any vehicle, engine or train”? It seems clear that they limit and modify everything that is said in that sentence. That is their natural significance when one reads the sentence as a whole. Any other reading would result in no limitation as to the place of molestation of “plaintiff’s officers, agents, employees, customers, or any other persons having business with plaintiff, or attempting .to serve plaintiff.” “ [Hjaving business with plaintiff” is not a limitation as to place. A person might have business with plaintiff at any place in the state. Then there would be the question whether “having business with plaintiff” applies to “plaintiff’s officers, agents” or “employees.” If not, this provision of the order would apply to the officers and employees when at the plant or at home, at work or on vacation, at any time and any place in the state. No intent to make an order of such a wide sweep can reasonably be ascribed to the trial court, especially when the gravamen of the complaint in the action and of the affidavits filed in support of the application for the restraining order was the obstruction of entrances to the plant and interference with traffic in and out of the plant. In the case of an alleged contempt occurring outside the presence of the court, the affidavit charging contempt must state facts which constitute contempt. If it fails to do so, the court does not acquire jurisdiction to render a judgment thereon, no matter how clearly the evidence at the trial may demonstrate a violation of the judicial process. (Hutton v. Superior Court, 147 Cal. 156, 159 [81 P. 409]; Wilde v. Superior Court, 53 Cal.App.2d 168, 177 [127 P.2d 560].) We conclude, therefore, that because of the failure of the Diehl complaint to allege the commission of acts enjoined by the restraining order, the judgment entered thereon was without jurisdiction and should be annulled. The Davison complaint, an affidavit by J. H. Davison filed October 14, 1948, alleged that the International Union and the Local Union, Frank M. Casey, and Charles C. Goughian, on September 27, 1948, at Oleum, and Rodeo, violated the restraining order in that they threatened bodily harm to and intimidated, obstructed, molested and harassed Williard Frietas (a contractor of R. T. Collier Corporation), J. H. Davison, O. H. Ahnberg, and L. G. Hall (employees of R. T. Collier Corporation); that said contractor and employees of the Collier Corporation were attempting to accept delivery from plaintiff at the refinery and to transport to a railroad ear, at Rodeo, a quantity of coke; that by reason of said acts of the persons named, the employees of the Collier Corporation were prevented from transporting the coke and from transacting business with plaintiff. The court found all of the allegations true except that Charles Goughian did not violate any provisions of the restraining order; dismissed as to Goughian; and adjudged each union and Casey guilty of contempt of the authority of the court. As punishment therefor, the court ordered the International Union to pay a fine of $100; the Local Union a fine of $125; and Casey a fine of $50. The evidence under this complaint demonstrates interference with and prevention of an attempt, on the 27th of September, 1948, of employees, and a contractor, of the R. T. Collier Corporation to remove a carload of petroleum- coke from the Oleum plant. Davison, of the Collier company, testified that he arrived at a ramp along the railroad track near Rodeo at about 8 in the morning, for the purpose of cleaning a gondola car and readying it for loading at that point. This he did and in about an hour went to the coke pit at the respondent’s refinery and there waited for two trucks to arrive from San Jose. At about 10:30 a. m. the trucks arrived and Davison (with Hall, superintendent of the Collier company) returned to the ramp at Rodeo, where they found the gondola had been moved along the track about 75 feet from the ramp and certain car jacks used to move the ear were in the water of the slough near by. They commenced preparing to move the car back in place opposite the ramp by use of a winch and a cable. Hall had entered a shack or shed under or near the ramp to operate the electrical equipment and Davison was outside handling the cable, when they were approached by some men whom Davison recognized as strikers. They asked Davison what he was doing. He replied, “Loading coke.” He recognized several of them but did not know their names, other than Frank Casey. One of them yanked the cable out of his hands; then the group proceeded to corner Hall in the shack; they surrounded him. Casey said, “We are getting hungrier every day, and the hungrier we get the meaner we get, and we are getting God-damn mean this morning, so that if you fellows attempt to load any coke here, we will beat the hell out of you, your drivers or anybody that’s got a God-damn thing to do with this coke haul.” Davison and Hall tried to explain to them that they had nothing to do with the strike and no grievance with the union, that the coke belonged to them and they were getting what was rightfully theirs. But they were told that did not make any difference. Then Hall got out of the shack and went toward the refinery. After Hall left, Davison attempted to put the cable back into the shack to get it off the railroad right of way, as he could not apparently load any coke. He was stopped by Casey from doing that, and told “to get the hell out of here,” and “Leave that stuff alone.” Casey would not allow Davison to put the tools away. Davison then left the ramp and went over to the highway; stayed there until the truck loaded with coke arrived. When it did, Freitas, the driver of the truck, pulled off parallel to the highway, seeing there was no railroad car to dump it into. All the time there were other strikers gathering at the ramp. At the time the truck arrived, Davison counted up to 60 men, and estimated there were at least 100 there. A group gathered around Freitas and told him they would upset the truck because he had gone over the picket line. Two or three said, “Let’s put the truck driver back inside the truck before we tip it over and let him dig himself out of the coke.” Davison then pleaded with the men, asking them to let the truck go back to the refinery and dump its load there, and they permitted the driver to get back in the truck and go in the direction of the refinery. Davison then again attempted to put the cable back, when he was stopped by Frank Casey again and told to get the hell off of this property, so Davison went back up the highway. Then a deputy sheriff arrived, but he only stayed a couple of minutes and then left and parked his ear about 50 yards south of the ramp. Davison then went and talked to the deputy, then returned toward the ramp, and was addressed by strikers who threatened him from time to time, calling him a scab, and saying they should beat him up and teach him a lesson. A little later, some of them started throwing rocks, and one of them hit and broke a light bulb on a standard near the ramp. Another deputy sheriff drove up and remained for about 20 minutes. A ear drove by along the highway, the man in it taking pictures. Rocks were thrown at that car; several rocks hit the car. Shortly thereafter, Hall and Mr. Ahnberg of the Collier company drove up from the direction of Oleum in a station wagon. Davison got in the car with them. Casey spoke to them; he was again the spokesman of the group. He said, “Are you going to try to load any coke?” Hall said, “Not today.” Casey said, “Are you ever going to try to load any coke while the strike is going on?” Hall said, “I am certainly not going to try and load any coke under these conditions.” While Casey was talking to Hall, there were quite a few hollering at the same time and threatening to tip over the car the three were in, and several of them were rocking the car, tilting it. As Davison, Hall and Ahnberg drove away (about noon of that day) rocks were thrown at their car and a couple of the rocks hit the car. They went back to the refinery, Davison to the coke pit, where he was about 15 minutes. Later, he returned to San Jose, going past the ramp near Rodeo about 1 o’clock. On their way back through Rodeo toward San Jose, there was no one around the ramp. Hall’s testimony was substantially the same as Davison’s concerning what happened while Hall was at the ramp with Davison. He further testified that when, in response to Casey’s inquiry, Hall said he intended to move coke, Casey said, “You are not going to move the coke this morning; I will have 200 men down in two minutes that says you won’t move the coke,” and that Casey turned around and told someone to go up to the hall and get the boys. Hall testified he had previously met Casey, when Hall was before the strike committee a couple of times, and during this discussion on the 27th Casey said to Hall, “We have been awful nice to you in a lot of respects and we are asking you not to move this coke in a nice way,” and that we (Hall and Davison) were not moving the coke, that they would beat the hell out of the truck driver if he came down to the ramp, and all the rest of us that, were around, and Casey said, “That is a threat,” and asked Hall what he intended to do about it, to which Hall said he would have to go up and find out what he was going to do; and then Hall left the ramp and went to the refinery where Ahnberg (vice-president of the Collier company) then was. Davison testified that about September 17 he and Hall met with the strike committee at the union’s headquarters, at which meeting Casey, Marcos and Goughian, among others, were in attendance. Freitas testified that as he drove his truck into the coke pit area at the refinery he was stopped by pickets at the entrance who wanted to know what he was going to do. He told them he was going to haul some coke for the Collier Corporation. They told him he wasn’t allowed in there, and he replied that his local teamsters’ union from San Jose said he could go through that picket line and he went in. While his truck was being loaded with coke, two ears drove up and stopped on the highway near by, and one of the men asked who was running the. trucking part there. Freitas went to talk to them and they told him they weren’t going to allow him to haul any coke and that they were quite desperate about it. They told him there were 1,100 desperate men, they just didn’t intend to let him haul any coke, and he said, “Well, I intend to haul it.” They said, “We are not only warning you, we are threatening you, ’ ’ and then they drove away. As he entered the highway from the coke pit area, after loading his truck, some pickets told him he was in for a warm reception. He then drove down to the ramp near Rodeo and noted, when he got there, that the gondola ear was not at the ramp, so he just stopped in front of the ramp. Some people came over and talked to him, including the man who talked to Freitas near the coke pit, and others who were in the two ears back at the refinery. They said, “We warned you not to come down here,” and “We might just as well turn the truck over.” And some of them said, “Let’s let them go back,” and there was argument pro and con, and Mr. Davison came over and started talking, and finally they let Freitas go back and unload (at the refinery), which Freitas did. Freitas’ estimate was that there were, roughly, 60 men at and near the ramp. He did not see any officers near the ramp at that time. He went back to the refinery, encountered no interference at the picket line in returning. After unloading, he had some lunch and was there at the refinery close onto an hour. On his way home (toward San Jose) he passed the ramp at Rodeo about 12:30 or 1 o’clock. There was no one at the ramp that he could see at that time. Davison and Hall identified Tom Goughian as one of those