§ 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).

§ 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