fine of not less than fifty dollars nor more than one hundred dollars for each offense. It shall be unlawful for any railroad to demand, charge, collect or receive from any person, firm or corporation a less compensation for the transportation of property or for any service rendered or to be rendered by said railroad, in consideration of said person, firm or corporation furnishing any part of the facilities incident thereto; provided nothing herein shall be construed as prohibiting any railroad from renting any facilities incident to transportation and paying a reasonable rental therefor. [Laws of 1905, ch. 362, section 22.] $1202. Conclusion. In general, it may be said that it is the expressed desire of the majority of people in most States that there shall be an aggressive campaign carried on against all forms of discriminations and preferences. It has been discovered that there are many and devious ways of creating undue preference and priority between shippers and industries, and the will of the people, it is plain, is that all this should be brought to an end by whatever method it is practised. CHAPTER XXXIX. STATE STATUTES AGAINST LOCAL DISCRIMINATION. 1211. Introduction. 1212. Arkansas. 1213. California. 1214. Connecticut. 1215. Illinois. 1216. Indiana. 1217. Iowa. 1218. Kansas. 1219. Kentucky. 1226. Nebraska. 1211. Introduction, § 1227. Nevada. 1228. New Hampshire. 1229. New Jersey. 1230. North Carolina. 1231. North Dakota. 1232. Ohio. 1233. Pennsylvania. 1234. South Carolina. 1236. Tennessee. 1237. Texas. 1240. West Virginia. 1241. Wisconsin. 1242. Conclusion. It has been remarked often in the course of this treatise that there is not much common law against local discrimination as such. So far as the common law is concerned, it is enough if the various rates charged for transportation to various localities are reasonable in themselves. Perhaps it may be said to be implied in this that the different rates in the schedule shall not be outrageously disproportionate in their relations to one another, but this goes to the extreme limit of the common law. Within the last twenty-five years, however, there has been growing up a system of statutory prohibition of local discrimination, until local discrimination is forbidden in more. than twenty-eight of the States. These provisions in each State are of two general types, more or less elaborately worked out in the different States. Most States forbid both (1) giving undue preference to certain localities, and also (2) charging more for a short haul than for a long haul. The extracts given in this chapter will show into how much detail this goes in some jurisdictions and how general the prohibitions are in others. § 1212. Arkansas. Persons and property transported over any railroad shall be delivered at any station at charges not exceeding the charges for transportation of persons and property of the same class in the same direction to any more distant station. [Digest of Statutes (1894), section 6301.] $1213. California. Persons and property transported over any railroad, or by any other transportation company or individual, shall be delivered at any station, landing or port at charges not exceeding the charges for the transportation of persons and property of the same class, in the same direction, to a more distant station, port or landing. [Constitution (1880), article xii, section 21.] § 1214. Connecticut. No railroad company shall charge or receive, for the transportation of freight to any station on its road, a greater sum than is at the time charged or received for the transportation of the like kind and quantity of freight, from the same original point of departure and under similar circumstances, to a station at a greater distance on its road in the same direction. Two or more railroad companies, whose roads connect, shall not charge or receive, for the transportation of freight to any station on the road of either of them, a greater sum than is at the time charged or received for the transportation of the like kind and quantity of freight, from the same original point of departure and under similar circustances, to a station at a greater distance on the road of either of them in the same direction. In the construction of this section the sum charged or received for the transportation of freight shall include all terminal charges; and the road of a company shall include all the road in use by it, whether owned or operated under a contract or lease. [General Statutes (1902), section 3772.] 1215. Illinois. If any such railroad corporation shall charge, collect or receive for the transportation of any passengers, 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, in the same direction, of any passenger, or like quantity of freight of the same class, over a greater distance All such discriminating rates, of the same railroad. charges, collections, or receipts, whether made directly or by means of any rebate, drawback, or other shift or evasion, shall be deemed and taken as prima facie evidence of the unjust discriminations prohibited by the provisions of this Act, and it shall not be deemed a sufficient excuse or justification of such discrimination on the part of such railroad corporation, that the railway station or point, at which it shall charge, collect, or receive the same or less rates of toll or compensation, for the transportation of such passenger or freight, or for the use and transportation of such railroad car the greater distance than for the longer distance, is a railroad station or point at which there exists competition with any other railroad or means of transportation. [Annotated Statutes (1896), ch. 114, section 168.] The leading case under this provision is Illinois Cent. Ry. v. People, 121 Ill. 304, 12 N. E. 670 (1887). It was held in that case that charging ten cents per hundred pounds for carrying coffee in sacks from C. to M., 172 miles, while charging another shipper sixteen cents per hundred from C. to K., 56 miles, was illegal discrimination. This involved applying strictly the provision that competitive conditions between railways at M. could not be urged in excuse, and it was immaterial that M. and K. were [1061] It shall be unjust ermination for any railroad company subjen benene to charge or receive any greater compensation in the aggregue fe the transportation of like kind of property or pawnger for a sore than for a longer distance over the same line in the same direction, the shorter distance being included in the longer: Provided. That upon application to the Commission any railroad company may in special cases, to prevent manifest injury, be authorized by the Commission to charges less for longer than for shorter distance for transporting persons and property, and the Commission shall, from time to time, prescribe the extent to which such designated railroad may be relieved from the operation of this subdivision: Provided, That no manifest injustice shall be imposed upon any person at intermediate points. Provided, further, That nothing shall be so construed as to prevent the Commission from approving what are known as "group rates" on any of the railroads in the State. [Laws of 1905, ch. 53, section 14.] 81217. Iowa. It shall be unlawful for any common carrier subject to the provisions of this chapter to charge or receive any greater compensation in the aggregate for the transportation of passengers or a like kind of property for a shorter than a longer distance over its railroad, all or any portion of the shorter haul being included within the longer, and shall charge no more for transporting freight to or from any point on its railroad than a fair |