St. Louis-San Francisco Ry. Co. v. State

Supreme Court of Oklahoma

St. Louis-San Francisco Ry. Co. v. State

1918 OK 91, 170 P. 1146, 67 Okla. 274, 1918 Okla. LEXIS 251

CourtSupreme Court of Oklahoma

DecidedFebruary 12, 1918

Docket9066

StatusPublished

Cited by1 cases

This text of 1918 OK 91 (St. Louis-San Francisco Ry. Co. v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

St. Louis-San Francisco Ry. Co. v. State, 1918 OK 91, 170 P. 1146, 67 Okla. 274, 1918 Okla. LEXIS 251 (Okla. 1918).

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Opinion

■HARDY, J.

From an order of the Corporation Commission requiring it to remove its present depot located in the ci-ty of Miami, and to replace same by a modern structure in keeping with re.cent progress and present conditions at that place, to be constructed of incombustible material and made fireproof, the St. Louis-San Francisco Railway Company appeals, alleging that said order is un *275 reasonable and in excess of -the jurisdiction of tbe commission and is unsupported by tbe evidence.

Since tbe submission of this case tbe government of the United Sates bas become engaged in tbe prosecution of a war with tbe Imperial Government of Germany and its ally, Austria-Hungary, and, under its constitutional powers in times of war, bas taken charge and control of all tbe railroads in the United States, including that of appellant, and is now engaged in the management and operation thereof, and tbe court knows judicially, as every one knows, that it will require the utmost conservation of tbe resources and energies of this county and will require vast stores of supplies and materials such as will be required to comply with the-order appealed from to carry on the prosecution of tbe war to a successful termination, and that the revenues of tbe railroads, their rolling stock, and tbe services of their employes will be taxed to tbe utmost in tbe speedy and efficient transportation of troops, munitions, and other war supplies. Matters of this kind must and will have precedence over matters of private convenience and local ambition, and should not be permitted to interfere with the successful accomplishment of its aims by the government of the United States, and we are of opinion that compliance with said order should be suspended until tbe further orders of this court.'

It is therefore ordered that tbe submission of this cause be set aside, and tbe cause be continued until tbe further orders of the court.

All tbe Justices concur.

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■HARDY, J.

From an order of the Corporation Commission requiring it to remove its present depot located in the ci-ty of Miami, and to replace same by a modern structure in keeping with re.cent progress and present conditions at that place, to be constructed of incombustible material and made fireproof, the St. Louis-San Francisco Railway Company appeals, alleging that said order is un *275 reasonable and in excess of -the jurisdiction of tbe commission and is unsupported by tbe evidence.

Since tbe submission of this case tbe government of the United Sates bas become engaged in tbe prosecution of a war with tbe Imperial Government of Germany and its ally, Austria-Hungary, and, under its constitutional powers in times of war, bas taken charge and control of all tbe railroads in the United States, including that of appellant, and is now engaged in the management and operation thereof, and tbe court knows judicially, as every one knows, that it will require the utmost conservation of tbe resources and energies of this county and will require vast stores of supplies and materials such as will be required to comply with the-order appealed from to carry on the prosecution of tbe war to a successful termination, and that the revenues of tbe railroads, their rolling stock, and tbe services of their employes will be taxed to tbe utmost in tbe speedy and efficient transportation of troops, munitions, and other war supplies. Matters of this kind must and will have precedence over matters of private convenience and local ambition, and should not be permitted to interfere with the successful accomplishment of its aims by the government of the United States, and we are of opinion that compliance with said order should be suspended until tbe further orders of this court.'

It is therefore ordered that tbe submission of this cause be set aside, and tbe cause be continued until tbe further orders of the court.

All tbe Justices concur.

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Bluebook (online)

1918 OK 91, 170 P. 1146, 67 Okla. 274, 1918 Okla. LEXIS 251, Counsel Stack Legal Research, https://law.counselstack.com/opinion/st-louis-san-francisco-ry-co-v-state-okla-1918.

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