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§ 1139. Indiana.

If any railroad subject hereto, directly or indirectly, or by any special rate, rebate, drawback, or other device, shall charge, demand, collect or receive from any person, firm or corporation a greater or less compensation for any service rendered or to be rendered by it than it charges, demands, collects or receives from any other person, firm or corporation for doing a like and contemporaneous service in the transportation of a like kind of traffic under substantially similar circumstances and conditions, such railroad shall be deemed guilty of unjust discrimination, which is hereby prohibited.

That nothing in this Act shall prevent the carriage, storage or handling of property free or at reduced rates for the United States, state or municipal governments, or for charitable purposes, or to or from fairs and expositions for exhibition thereat, 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. Nothing in this act shall be construed to prohibit any common carrier from giving free passes or tickets to officers and employees of Young Men's Christian Associations, reduced rates to ministers of religion or to municipal governments for the transportation of indigent persons, or to the inmates of the National Home or State Home for disabled volunteer soldiers, and of soldiers' and sailors' orphans' homes, including those about to enter and those returning home after discharge, under arrangements with the board of managers of said homes. Nothing in this act shall be construed to prevent railroads from giving free carriage to their own officers and employees, or to prevent the principal officers of any other railroad company or companies from exchanging passes or tickets with other railroad companies for their officers and employees. [Laws of 1905, ch. 53, section 14.]

Louisville, E. & St. L. R. R. v. Wilson. 132 Ind. 517, 32 N. E. 311, 18 L. R. A. 105 & N. (1892), was a case where the railroad made a rate on

railroad ties to one shipper about 50 per cent. less than the rate to other shippers. It was held that this could not be justified by showing that the favored shipper had agreed to sell to the railroad such ties as it might want.

1140. Iowa.

If any common carrier subject to the provisions of this chapter shall directly or indirectly, by any special rate, rebate, drawback or other device, charge, demand, collect or receive from any person or persons a greater or less compensation for any service rendered, or to be rendered, in the transportation of passengers or property subject to the provisions of this chapter, than it charges, demands, collects or receives from any other person or persons for doing for him or them a like contemporaneous service in the transportation of a like kind of traffic, such common carrier shall be guilty of unjust discrimination, which is hereby prohibited and declared to be unlawful; but this section shall not be construed as prohibiting a less rate per one hundred pounds in a car-load lot than is charged, collected or received for the same kind of freight in less than a car-load lot. [Code (1897), section 2124.]

Formerly the courts of Iowa were not opposed to various forms of discrimination as such. Cook v. Chicago, R. I. & P. Ry., 81 Iowa, 551, 46 N. W. 749, 25 Am. St. Rep. 512, 9 L. R. A. 764 (1890); Paxton v. Illinois Central R. R., 56 Iowa, 427, 9 N. W. 334 (1880). But this statute is so positive that it plainly reaches all forms of personal discrimination; the only question can be as to the details of its enforcement. In Blair v. Sioux C. & P. Ry., 109 Iowa, 369, 80 N. W. 673 (1899), it was held that interest is not recoverable on the treble damages imposed by the statute as a penalty for unjust discrimination in charges by a railroad company; and in Carrier v. Chicago, R. I. & P. R. R., 79 Iowa, 80, 44 N. W. 203 (1889), it was held that a cause of action to recover unreasonable and excessive charges accrued when the charges were paid and not when the discrimination was discovered; but where the company had fraudulently concealed the fact that the amount paid by plaintiff was unreasonable and in excess of that paid by other shippers, that the statute of limitations did not begin to run until the fact was discovered.

§ 1141. Kansas.

No railroad company shall charge, demand or receive from any person, company or corporation, for the transportation of any property, or for any other service, a greater or less sum than it shall at the same time charge, demand or receive from any other person, company or corporation for a like service from the same place, or upon like conditions and under similar circumstances; and all concessions of rates, drawbacks and contracts for special rates shall be open to and allowed all persons, companies and corporations alike. [General Statutes (1901), section 5985.]

Nothing herein or in the act to which this is supplemental shall prevent the carriage, storage or handling of freight free or at reduced rates for the State, or for city, county or town government, or for charitable purposes, or to and from fairs and expositions for exhibition thereof, or the free carriage of destitute and indigent persons, or the issuance of mileage or excursion passenger tickets; nor to prevent railroads from giving special rates or free transportation to the officers and members of the Kansas national guard, to ministers of religion, inmates of hospitals, eleemosynary, or charitable institutions, or to any railroad officers, agents, employees, attorneys, witnesses attending court or before the commissioners on behalf of such railroad company, stockholders or directors. [Laws of 1905, ch. 340, section 12.]

1142. Kentucky.

If any corporation engaged in operating a railroad in this State shall, directly or indirectly, by any special rate, rebate, drawback or other device, charge, demand, collect or receive from any person a greater or less compensation for any service rendered in the transportation of passengers or property than it charges, demands, collects or receives from any person for doing for him a like and contemporaneous service in the transporta

tion of a like kind of traffic, it shall be deemed guilty of unjust discrimination. [Compiled Statutes (1894), section 817.]

It shall be unlawful for any corporation to make or give any undue or unreasonable preference or advantage to any particular person or locality, or any particular description of traffic, in any respect whatever, in the transportation of a like kind of traffic; or to subject any particular person, company, firm, corporation or locality, or any particular description of traffic to any undue or unreasonable prejudice or disadvantage. When one or more carloads of freight shall be transported at the same time for different persons, and for each shipper a car load or more, such shipment shall be considered and taken as the same quantity of freight within the meaning of this law, and when less than a carload of freight, and over five thousand pounds, are transported at the same time for different shippers, and for each shipper over five thousand pounds, such shipment shall be considered and taken as the same quantity of freight, and when over five hundred pounds and less than five thousand pounds are transported at the same time for different shippers, and for each shipper said quantity of freight, such shipment shall be considered and taken as the same quantity of freight. [Ibid, section 818.]

In Louisville & N. R. R. v. Com., 46 S. W. (Ky.) 702 (1898), it was held that the requirement that the charges shall be the same for receiving, transporting and handling freight of the same class from and to the same points, "and upon the same conditions," relates to the receiving, loading, unloading transporting, hauling, delivering and handling freight, and requires the charges therefor to be the same for all persons alike, except when the freight is transported from and to different points, or is of different classes, or the cost of transporting, including savings by reason of facilities furnished by the shipper is different. And in Com. v. Chesapeake & O. Ry., 115 Ky. 57, 72 S. W. 361 (1903), it was held that an indictment against a carrier for discrimination must allege the hauling was under the same conditions. So there cannot be a violation of the law unless different charges be made for transporting freight of the same class from and to the same points and " upon the same conditions." Louisville & N. Ry. v. Com., 105 Ky. 179, 48 S. W. 416 (1902). And an indictment for unjust discrimination in rates should particularly set forth the points

from and to which the goods were shipped and the character of the service required in each case Louisville & N. Ry. v. Com., 108 Ky. 628, 57 S. W. 508 (1900).

1143. Louisiana,

To correct abuses, and prevent unjust discrimination and extortion in the rates for the same, on different railroads, steamboats and other water craft, sleeping car, express, telephone and telegraph lines of this State. [Constitution (1898), article 284.]

1144. Massachusetts.

A railroad corporation shall not in its charges for the transportation of freight or in doing its freight business, make or give any undue or unreasonable preference or advantage to or in favor of any person, firm or corporation, nor subject any person, firm or corporation to any undue or unreasonable prejudice or disadvantage. [Revised Laws (1902), ch. 111, section 245.]

The common law of Massachusetts did not hold discrimination, as such, illegal. Fitchburg R. R. v. Gage, 12 Gray, 393, B. & W. 354 (1859).

§ 1145. Michigan.

All railroad corporations shall grant equal facilities for the transportation of passengers and freight to all persons, companies, or corporations, without discrimination in favor of any individuals, companies or corporations. No railroad corporation shall in any manner discriminate in its rates of freight tariff, in favor of any individual, company, or corporation doing business over its line [of] road, and shall grant the same rights and privileges to all shippers, subject to the same rates and classification, without rebate or any other special privilege or rate not extended to all other shippers in the same class, who ship a like quantity or quantities. Any railroad corporation refusing to comply with any one of the provisions of this section. shall be liable to a penalty not exceeding five hundred dollars. [Compiled Laws (1897), section 6266.]

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