from any person, company, firm or corporation a greater rate, charge or compensation than that fixed and established by the Railroad Commission for the transportation of freight, pasuse of any for the or car on the sengers, or cars, line of its railroad, or any line operated by it, or for receiving, forwarding, handling or storing any such freight or cars, or for any other service performed or to be performed by it, such railroad company and its said agent and officer shall be deemed guilty of extortion and shall forfeit and pay to the State of Texas a sum not less than $100 nor more than $5,000. [Revised Statutes (1895), art. 4573.]

In Wright v. Howe (Tex. Civ. App.), 24 S. W. 314, it was held that these sections against railroad companies for bvercharges and unjust discrimination in the shipment of freight, have no application to interstate

commerce.

§ 1119. Vermont.

A railroad corporation may establish for its sole benefit a toll upon all passengers and property carried by it at such. rates as are determined by the directors of the corporation; and may regulate such conveyance and transportation, the weight of loads, and other things in relation to the use of the road as the directors determine. The Supreme Court, at any term thereof, on application in writing of three or more freeholders of the State, and due notice thereof to any person or corporation operating the railroad complained of, may from time to time, upon hearing before said court or upon report of three commissioners appointed by said court for that purpose, alter or reduce the toll of any railroad operated in this State. [General Statutes (1894), section 3896.]

If the application is granted, the court shall make an order fixing the rates of toll and render judgment for the applicants to recover their costs, and in addition thereto such damages as the court deems just. Any person or persons refusing to perform the order of the court in the premises shall be in contempt, and the Supreme Court shall have full chancery powers for the enforcement of any order, judgment or decree under this section. [Ibid, section 3897.]

§ 1120. West Virginia.

Railroads heretofore or hereafter constructed in this State are hereby declared public highways, and shall be free to all persons for the transportation of their persons and property thereon, under such regulations as now are, or may be, prescribed by law; but nothing in this section contained shall be construed to exempt any person from the payment of the lawful charges for such transportation. [Code of 1899, ch. 54, section 71.]

Code provision imposing a penalty of $500 upon railroads for overcharge in freight or passenger rates, does not apply to an overcharge by a conductor in violation of the company's rates and rules, which the company is not shown to have ratified. Hall v. Norfolk & W. R. Co., 44 W. Va. 36, 28 S. E. 754 (1897).

1121. Wisconsin.

Every railroad is hereby required to furnish reasonably adequate service and facilities, and the charges made for any service rendered or to be rendered in the transportation of passengers or property or for any service in connection therewith, or for the receiving, switching, delivering, storing or handling of such property, shall be reasonable and just, and every unjust and unreasonable charge for such service is prohibited and declared to be unlawful. [Laws 1905, ch. 362, section 3.]

$1122. Conclusion.

The temper of the public in regard to unjustifiable charges by railway companies is well shown by these extracts from various statutes of the various States. Such extortion is regarded as more dangerous to the well being of society than many crimes. At the same time those States are to be commended which provide guides for the conduct of the common carrier, setting maximum rates either by legislation or through commissions; for it is generally held, as it plainly ought to be, that in charging no more than such rates the carrier will not be guilty of

extortion.

It was seen in a former portion of this book when the common law principles for the prevention of discrimination were under discussion that the American States were divided into two substantially equal groups upon the question whether there was any common law against discrimination as such. That equality no longer remains; for in most of the jurisdictions where the courts were hesitant about declaring that the common law had developed a rule against discrimination by its own processes, the legislatures have stepped in with positive. prohibitions against discriminations of all sorts. And in those jurisdictions which had already held that most discrimination was contrary to common law principles, the common law was reinforced by detailed reiteration.

§ 1132. Alabama.

3462. Every person or corporation owning or operating a railroad in this State, must publish, by posting at all the freight depots along the line of such railroad, the tariffs or rates for the transportation of freight thereon, showing rates for each class, and including general and special rates; and from such tariffs no reduction shall be made in favor of any person which is not also made in favor of all other persons or corporations by change in such published rates. Special rates, if so published, may be given to any person or corporation to aid in any industrial enterprise in this State. [Civil Code (1896), sec. 3462.]

Nothing in this code shall be construed as to prevent any person or corporation owning or operating a railroad from transporting freight or passengers free of charge. [Ibid, 3463.]

All discrimination is illegal that is not based upon difference in the cost of service. Lotspeich v. Central Ry. & B. Co., 73 Ala. 306 (1882). And although reductions may by statutory proviso be made to aid industrial enterprises, they ought to be made without discrimination. Louisville & N. Ry. v. Fulgham, 91 Ala. 555, 8 So. 803 (1890).

§ 1133. Arkansas.

All individuals, associations and corporations shall have equal rights to have persons and property transported over railroads in this State, and no unjust or undue discrimination shall be made in charges for, or in facilities for transportation of freight or passengers within the State. But excursion, immigration and commutation tickets may be issued at special rates. [Digest of Statutes (1894), sec. 6301.]

1134. California.

.

No discrimination in charges or facilities for transportation shall be made by any railroad or other transportation company between places or persons or in the facilities for the transportation of the same classes of freight or passengers within this State, or coming from or going to any other State.

Excursion and commutation tickets may be issued at special rates. [Constitution (1880), Art. XII, sec. 21.]

§ 1135. Delaware.

No railroad or railway corporation organized under this Act shall charge, demand, or receive from any person, company, or corporation for the transportation of passengers or property a greater sum than it shall charge or receive from any other person, company or corporation for like service, from the same place, under like conditions, under similar circumstances, and for the same period of time. For every violation of the provision of this section such corporation shall be liable to the party suffering thereby in double the entire amount so charged to such party, to be recovered before any court having jurisdiction thereof, provided, however, that nothing in this section shall be construed to prohibit the carriage or handling of persons or property free or at reduced rates for the United States, State or municipal governments, or to or from fairs and expositions for exhibitions thereof; or the free carriage of destitute and homeless persons transported by charitable societies and the necessary agents employed in such transportation; or the issuance of mileage, excursion or commutation passenger tickets; nor to prohibit any such corporation from giving reduced passenger rates to ministers of religion solely engaged in ministerial duties or to the United States, State or municipal governments; nor to prohibit any such corporation from giving free carriage to their own officers and employees; or to prevent the principal officers of any such corporation from exchanging passes or tickets with other railroad corporations for their officers and employees; nor to prohibit any such corporation from giving reduced rates of transportation to other railroad corporations for railroad construction, material, equipment, or supplies. [Laws of 1901, section 97.]