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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.

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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.]

§ 1136. Florida.

That if any railroad, railroad company or other common carrier as aforesaid, shall make any unjust discriminations in its rates or charges of toll, or compensation for the transportation

passengers or freight of any description, or for the use and transportation of any railroad car upon any railroad, or upon any of the branches thereof, or upon any railroad or steamship lines connected therewith, which it has a right, license or permission to operate, use or control within this State, the same shall be guilty of violating the provisions of this Act, and upon conviction thercof, shall be dealt with as hereinafter provided. [Laws of 1899 (No. 39), ch. 4700, section 4.]

Nothing in this act shall prevent the common carrier subject thereto from the carriage, storage or handling of property free or at reduced rates for charitable purposes, or to or from fairs or expositions for exhibition thereat, or free carriage of destitute or homeless persons transported by charitable, societies and the necessary agents employed in such transportation, or the issuance of mileage, excursion or commutation or round trip passenger tickets, or from giving reduced rates to ministers of religion, or from giving free passes to their own officers or employees, and their immediate families dependent upon them, or to prevent the principal officers of any railroad company or companies from exchanging passes or tickets with other railroad companies for their officers and employees or free passes or reduced rates to persons in charge of live stock shipped from point of shipment to destination and return, or from issuing second-class tickets at a lower rate of fare, than for first-class, for the holders of which second-class tickets so issued only second-class accommodations shall be allowed. [Ibid, section 19.]

Formerly, as may be seen in Johnson v. Pensacola & P. R. R., 16 Fla. 623. 26 Am. Rep. 731 (1878), discrimination was not held illegal in itself in Florida unless the party discriminated against was treated outrageously.

1137. Georgia.

If any railroad corporation as aforesaid shall make any unjust discrimination in its rates or charges of toll for the transportation of passengers, or freight of any description, or for the use and transportation of any railroad car on its said road, or upon any of the branches thereof, or upon any railroads connected therewith within this State the same shall be deemed guilty of having violated the provisions of this Article, and upon conviction thereof shall be dealt with as hereinafter provided. [Code (1895), section 2188.]

Personal discrimination is forbidden in Georgia both by common law and by statute. See Logan v. Central Ry. & B. Co., 74 Ga. 684 (1885), and Savannah F. & W. Ry. v. Burdick, 94 Ga. 775, 21 S. E. 995 (1894).

§ 1138. Illinois.

If any such railroad corporation aforesaid shall make any unjust discrimination in its rates or charges of toll, or compensation, for the transportation of passengers, or freight of any description, or for the use and transportation of any railroad cars upon its said road, or upon any of the branches thereof, or upon any railroads connected therewith, which it has the right, license or permission to operate, control or use, within this State, the same shall be deemed guilty of having violated the provisions of this act, and upon conviction thereof shall be dealt with as hereinafter provided.

Provided, however, that nothing herein contained shall be so construed as to prevent railroad corporations from issuing commutation, excursion or thousand-mile tickets, as the same are now issued by such corporations. [Annotated Statutes (1896), ch. 114, section 167.]

Personal discrimination is contrary to the law of Illinois. both commcn and statutory. Chicago & A. R. R. v. People, 67 Ill. 16, 16 Am. Rep. 599 (1873); People v. Chicago & A. R. R., 67 Ill. 118 (1873). Differences in the cost of service may, however, be taken into account. Chicago & A. R. R. v. Coal Co., 79 Ill. 121 (1875); Savitz v. Ohio & M. Ry., 150 Ill. 208, 37 N. E. 235, 27 L. R. A. 626 (1894), affirming 49 Ill. App. 315 (1892).

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