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.] 1146. Minnesota. It shall be unlawful for any common carrier to make or give any unequal or unreasonable preference or advantage to any particular person, company, firm, corporation or locality, or any particular description of traffic in any respect whatever; or to subject any particular person, company, firm, corporation or locality to any unequal or unreasonable prejudice in any respect whatsoever. [Revised Laws (1905), section 2009.] Nothing in this chapter shall prevent the handling free or at reduced rates for the United States, the State, or for any municipal corporation thereof, or for charitable purposes; or the issuance of mileage, excursion or commutation passenger tickets at rates equal to all; or giving such reduced rates to ministers of religion, sisters of charity, missionaries, students of any educational, or inmates of any charitable institution; nor the free transportation of passengers when allowed by law. [Ibid, section 2010.] 1147. Mississippi. It is unlawful for any railroad to make or allow any rebate or reduction from the tariffs of charges fixed or approved by the Commission, in favor of any person, place or corporation, by a change in or deviation from the rates so fixed or approved, unless such change or deviation be first allowed by the Commission; and it is unlawful for any railroad to grant free passes or tickets, or passes or tickets at reduced rates, to any person, or to transport or suffer any person to be transported free of charge, or at reduced rates not applicable to all persons alike; but this shall not prevent the transportation free of charge, or at reduced rates, of persons and freight for a scientific, religious or benevolent purpose, or for an industrial exhibition, fair or association of a public nature, nor such transportation of immigrants, persons traveling with a view of locating immigrants, and indigent and unfortunate persons, nor shall it prevent the sale and issuance of mileage, excursion and commutation tickets, nor the free carriage of the railroad's own officers, and of persons bona fide in its employment, at a salary or regular compensation, nor the exchange of passes or tickets with the other railroads for their officers and employees, nor its free carriage. of the class of persons known as railroad employees, of persons injured in railroad accidents, and of the physicians and nurses attendant upon such injured persons, nor the carriage free, or at reduced rates, of the members of the families of officers and employees of the railroad; however, these exceptions are allowed on the condition that the railroad shall report annually to the Commission all free passes granted, to whom, and for what reason granted. [Annotated Code (1902), section 4292.] 1148. Missouri, If any such common carrier shall directly or indirectly, by any special rate, rebate, drawback or other devices, charge, demand, collect or receive from any person or persons, firm or corporation a greater or less compensation for any service rendered in the transportation of any kind of property upon such railroad in this State than it charges, demands, collects or receives from any other person or persons, firm or corporation for doing for him or them a like service in the transportation of a like kind of property under substantially like circumstances and conditions, such common carrier shall be deemed guilty of unjust discrimination, which is hereby prohibited and declared unlawful. [Revised Statutes (1899), section 1129.] In Christie v. Missouri Pac. Ry., 94 Mo. 453, 7 S. W. 567 (1888), it was held under a former condition of the law that discrimination was not proved unless it was shown that the reduced rate was not given to all. And in Rothschild v. Wabash St. L. & P. R. R., 92 Mo. 91, 4 S. W. 419 (1887), it was held that if circumstances appeared to explain the lower rate given to a particular shipper the prima facie discrimination would be obviated. But these decisions may not be acceptable to the courts in the interpretation of the statute quoted above. § 1149. Nebraska. That if any common carrier subject to the provisions of this act 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 compensation for any service rendered or to be rendered in the transportation of passengers or property, subject to the provisions of this act, than it charges, demands, collects or receives from any other person or persons for doing for him or them a like and contemporaneous service in the transportation of a like kind of traffic under substantially similar circumstances and conditions, such common carrier shall be guilty of unjust discrimination, which is hereby prohibited and declared to be unlawful. [Compiled Statutes (1889), section 4046.] § 1150. New Hampshire. The proprietors of every railroad shall furnish to all persons reasonable and equal terms, facilities, and accommodations for the transportation of persons and property over their railroad, and for the use of depots, buildings and grounds in connection with such transportation, and for the interchange of such traffic at points in connection with other railroads. [General Laws (1903), ch. 160, section 1.] If the proprietors of any railroad shall not comply with the provisions of the preceding section, they shall be fined not exceeding one thousand dollars, for each offense, and shall be liable to the party injured for his damages in an action on the case. [Ibid, section 2.] The proprietors of every railroad shall cause to be posted in their depots a table of prices for the conveyance of persons and property between the stations on their road and between such stations and the stations of other railroads with which they have a business connection. The rates shall be the same for all persons and for like descriptions of freight between the same |