tion between individuals, or between individuals and transportation companies, or the furnishing of facilities for transportation. Any violation of this provision shall make the offending company or common carrier liable to the party injured for damages treble the amount of injury suffered. [Br. Pur. Digest (1894), p. 1815, section 187.]

§ 1194. Rhode Island.

No railroad corporation shall contract to furnish facilities for the transportation of milk, or shall carry it in large quantities over any portion of its line, without at the same time establishing a tariff under which it will receive, forward and deliver milk by the can over the same portion of its line and for any person tendering the same, so that the milk by the can shall be carried under fairly proportionate advantages in every respect, including price, time, and reasonable care for the same, as the milk carried in large quantities or under contract. Laws (1896), ch. 187, section 35.]

$1195. South Carolina.

[General

It shall be unlawful for any such person or persons so engaged as aforesaid to charge, collect or receive for the transportation of any passenger or freight of any description upon its railroad for any distance within this State the same or a greater amount of toll or compensation than is at the same time charged, collected or received for the transportation of any passenger of the same class or like quantity of freight of the same class over a greater distance of the same railroad; or to charge, collect or receive at any point upon its railroad a higher rate of toll or compensation for receiving, handling or delivering freight of the same class and quantity than it shall at the same time charge, collect or receive at any point upon the same railroad; or, to charge, collect or receive for transportation of any passenger or freight of any description over its rail

road a greater amount as toll or compensation than shall at the same time be charged, collected or received by it for the transportation of any passenger of the same class or like quantity of freight of the same class being transported over any portion of the same railroad of equal distance; or to charge, collect or receive from any person or persons a higher or greater amount of toll or compensation than it shall at the same time charge, collect or receive from any other person or persons for receiving, handling or delivering freight of the same class and like quantity at the same time upon its railroad; or to charge, collect or receive from any person or persons for the transportation of any freight upon its railroad a higher or greater rate of toll or compensation than it shall at the same time charge, collect or receive from any person or persons for the transportation of a like quantity of freight of the same class being transported from the same point over equal distances of the same railroad; or to charge, collect or receive from any person or persons for the use and transportation of any railroad car or cars upon its railroad for any distance the same or a greater amount of toll or compensation than is at the same time charged, collected or received from any other person or persons for the use and transportation of any railroad car of the same class or number for a like purpose being transported over a greater distance of the same railroad; or to charge, collect or receive from any person or persons for the use and transportation of any railroad car or cars upon its railroad a higher or a greater rate of toll or compensation than it shall at the same time charge, collect or receive from any other person or persons for the use and transportation of any railroad car or cars of the same class or number for a like purpose being transported from the same point over an equal distance of the same railroad. And all such discriminating rates, charges, collections or receipts, whether made directly or by means of any rebate, drawback or other shift or evasion, shall be deemed and taken against such person or persons so engaged as aforesaid as prima facie evidence of the unjust discrimina

tion prohibited by the provisions of this Article. [Civil Code (1902), section 2085.]

§ 1196. South Dakota.

Or to charge, collect, demand or receive more for transporting a ton of freight than it charges, collects, demands or receives per ton for several tons of freight under a carload of a like class of freight over the same railroad for the same distance, in the same direction, or to charge, collect, demand or receive more for transporting a hundred pounds of freight than it charges, collects, demands or receives per hundred for several hundred pounds of freight, under a ton, of a like class of freight over the same railroad, for the same distance, in the same direction; all such discriminating rates, charges, collections or receipts whether made directly or by means of any rebate, drawback, or other shift or evasion, shall be deemed and taken against such railroad company as prima facie evidence of the unjust discrimination prohibited by this Act; provided, however, that for the protection and development of any new industry within this state, such railroad company may grant concessions or special rates for any agreed number of carloads, but such special rates aforesaid shall first be approved by the Board of Railroad Commissioners, and a copy thereof filed in the office thereof. [Laws of 1897, ch. 110, section 29.]

§ 1197. Tennessee.

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, or to subject any particular person, company, firm or corporation or locality, or any particular description of traffic or any undue or unreasonable prejudice or disadvantage. [Laws of 1897, ch. 10, section 17.]

1198. Texas.

It shall also be an unjust discrimination for any such railroad to make or give any undue or unreasonable preference or advantage to any particular person, company, firm, corporation, or locality, or to subject any particular description of traffic to any undue or unreasonable prejudice, delay, or disadvantage in any respect whatsoever.

Every railroad company which shall fail to refuse, under such regulations as may be prescribed by the Commission, to receive and transport without delay or discrimination, the passengers, tonnage and cars, loaded or empty, of any connecting line of railroad, and every railroad which shall, under such regulations as may be prescribed by the Commission, fail and refuse to transport and deliver without delay or discrimination, any passengers, tonnage or cars, loaded or empty, destined to any point on or over the line of any connecting line of railroad, shall be deemed guilty of unjust discrimination; provided, perishable freights of all kinds and live stock shall have precedence of shipment. [Revised Statutes (1895), art. 4574.]

In one case held that the terms delay" and "discrimination" were to be used as convertible, and that delay was discrimination, within the terms of the statute; and hence, delay in a shipment having been admitted, it was proper to direct a verdict for plaintiff. Gulf, C. & S. F. Ry. Co. v. Lone Star Salt Co., 26 Tex. Civ. App. 531, 63 S. W. 1025 (1901). Also held in another case that a railroad company giving a preference to one shipper over another in the order of time of forwarding goods delivered for transportation shall be liable for all losses resulting from the delay, and also liable to a penalty for each act of discrimination, are valid. Hill & Morris v. St. Louis Southwestern Ry. Co. of Texas, (Tex. Civ. App.), 75 S. W. 874 (1904).

1199. Vermont.

Sec. 3902. A person or corporation operating a railroad shall give to all persons reasonable and equal terms, benefits, facilities and accommodations for the transportation of themselves, their agents and servants, and of merchandise and other property upon such ailroad; and for the use of the depots, buildings and

grounds thereof; and, at any point where such railroad connects with another railroad, reasonable and equal facilities of interchange. [General Statutes (1894), section 3902.]

§ 1200. Virginia.

3. It shall be unlawful for any transportation company to make or to give any undue or unreasonable preference or advantage to any particular person, company, firm, corporation, or locality, or to any particular description of traffic, in any respect whatsoever, 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 in any respect whatsoever. [Pollard's Code, section 1294c, as amended 1904.]

1201. Wisconsin.

If any railroad, or any agent or officer thereof, shall directly or indirectly, by any special rate, rebate, drawback, or by means of false billing, false classification, false weighing, or by any other device whatsoever, 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 for the transportation of persons or property or for any service in connection therewith, than that prescribed in the published tariffs then in force, or established as provided herein, or than it charges, demands, collects, or receives from any other person, firm or corporation for a like and contemporaneous service, such railroad shall be deemed guilty of unjust discrimination, which is hereby prohibited and declared to be unlawful, and upon conviction thereof shall forfeit and pay into the State treasury not less than one hundred dollars nor more than ten thousand dollars for each offense; and any agent or officer so offending shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a