
    ST. LOUIS-SAN FRANCISCO RY. CO. v. STATE et al.
    No. 9066
    Opinion Filed Feb 12, 1918.
    (170 Pac. 1146.)
    (Syllabus.)
    Railroads — Orders — Governmental Operation of Railroads — Effect.
    The Corporation Commission made an -order requiring appellant to remove i-ts present depot in the ci-ty of Miami and to replace same by a modern structure to be constructed •cf incombustible material and made fireproof, from which order appellant appealed. Since the submission of the case in this court the United States has taken charge of appellant’s line of railroad and is -now operating same. In view of this situation the order -o-f submission is set aside, and the cause continued until the further order of the court.
    Appeal from Order of Corporation Commission.
    Proceedings by the Corporation Commission against the St. Louis-San Francisco- Railway Company. From an order of the Commission, the Railway Company appeals.
    Submission of -case set aside, and cause continued until further order of court.
    W. F. Evans and R. A. Kleinschmid-t, for appellant.
    S. P. Freeling,' Atty. Gen., Jno. B. Harrison, Asst. Atty. Gen., and Paul A. Walker, for Corporation Commission.
    F. D. Adams and J. S. Kendall, for City of Miami.
   ■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 unreasonable 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.  