to any undue or unreasonable prejudice, delay, or disadvantage in any respect whatsoever.

Every railroad company which shall fail or refuse, under such regulations as may be prescribed by the Commission, to receive and transport without unreasonable delay or discrimination the passengers, tonnage, and cars, loaded or empty, of any connecting line of railroad company, and every railroad company which shall, under such regulations as may be prescribed by the Commission, fail or refuse to transport and deliver without unreasonable 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, that perishable freights of all kinds and live stock shall have precedence of shipment. Provided further, that this shall not be construed as to require any railroad company to give the use of its terminal facilities to any other railroad company engaged in like business, except that if such terminal facilities are granted to one company, they shall be granted on like terms to all other companies. [Laws of 1905, ch. 53, section 14.]

See Louisville, E. & St. L. R. R. v. Wilson, 132 Ind. 517, 32 N. 311, 18 L. R. A. 105 note (1892), where it was held contrary to law to enter into a special arrangement with one shipper of ties, giving him a lower rate in return for his undertaking to supply the railroad with ties at a certain rate.

§ 1179. Iowa.

It shall be unlawful for any common carrier subject to the provisions of this chapter to make or give any preference or advantage to any particular person, company, firm, corporation or locality, or any particular description of traffic, in any respect whatsoever; or subject any particular person, company, firm, corporation or locality or any particular description of traffic, to any prejudice or disadvantage in any respect whatsoever; but this shall not be construed to prevent any common carrier

from giving preference as to time of shipment of live stock, uncured meats, or other perishable property. [Code (1897), section 2124.]

No such common carrier shall charge, collect, demand or receive more for transporting a car of freight than it at the same time charges, collects, demands or receives per car for several cars of a like class of freight over the same railway, for the same distance, in the same direction; nor 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 over the same railway, for the same distance, in the same direction; nor charge, collect demand, or receive more for transporting a hundred pounds of freight than it charges, collects, demands, or receives per hundred for several hunderd pounds of freight, under a ton, of a like class, over the same railway, for the same distance, in the same direction; 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 received as prima facie evidence of the unjust discrimination prohibited by this chapter; but for the protection and development of any new industry within the State, such railway company may grant concessions or special rates for any agreed number of carloads, which rates shall first be approved by the board of Commissioners, and a copy thereof filed in its office. [Ibid, section 2146.]

See 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), where it was held that a railroad need not treat all its patrons upon equal terms, but might enter into special arrangements with some of them.

§ 1180. Kansas,

Sec. 16. It shall be unlawful for any railroad company or other common carrier to grant, or for any consignee or consignor to receive, any rebate or drawback, or enter into any arrange

ment whereby such consignee or consignor shall, directly or indirectly receive a lower rate for transporting freight than the rate fixed by the orders of this board or the published schedules of such railroad company. It shall be unlawful for any railroad company or other common carrier to grant any special privileges to any person, firm, or corporation, either in the way of a preference in furnishing cars, side-track facilities, sites for elevators, mills, or warehouses, or any other form of preference, privilege, or discrimination. It shall be unlawful for any railroad company or common carrier, or any agent or employe thereof, or for any person, firm, or corporation to enter into any secret agreement with any firm, person or corporation for the purpose of giving any firm, person, or corporation any special privileges, favors, or discriminations in favor of such firm, person, or corporation. [Laws of Kansas, 1905, ch. 340, section 16.]

1181. Louisiana.

If any railroad, express, telephone, telegraph, steamboat, or other water craft, or sleeping car company, subject hereto, directly or indirectly, or by any special rate, rebate, or other device, shall intentionally charge, demand, collect, or receive from any person, firm, or corporation, a greater or less compensation for any service rendered by it, than it charges, demands or receives from any other person, firm, or corporation, for doing a like and contemporaneous service, or shall violate any of the rates, charges, orders, or decisions of said Commission, such railroad, steamboat, or other water craft, express, telegraph, telephone, or other company, shall forfeit and pay to the State not less than one hundred dollars, nor more than five thousand dollars, to be recovered before any court of competent jurisdiction, at the suit of the said Commission, at the domicile of the Commission or the company, or at the place where the complaint arises, at the option of the Commission. Provided, That whenever any rate, order, charge, rule, or regulation of

the Commission is contested in court, as provided for in article 285, of this Constitution, no fine or penalty for disobedience thereto, or disregard thereof, shall be incurred until after said contestation shall have been finally decided by the courts, and then only for acts subsequently committed.

The power of the Commission shall affect only the transportation of passengers, freight, express matter, and telegraph and telephone messages, between points within this State, and the use of such instruments within this State. [Constitution (1898), article 286.]

1182. Maine.

Every railroad doing business in the State, shall receive, forward and deliver to every other connecting railroad, without discrimination, all passengers, freight and merchandise with equal facilities and dispatch, and shall transport the same at rates of fare and freight as favorable as at the time are established, made, or allowed for the passengers, freight and merchandise transported over its road only, or received from or destined to any other railroad. [Revised Law (1904), ch. 52, section 12.]

§ 1183. Massachusetts,

Sec. 240. Every railroad corporation shall, subject to the provisions of section two hundred and forty-five, give to all persons reasonable and equal terms, facilities and accommodations for the transportation upon its railroad of themselves, their agents and servants, and of their merchandise and other property and for the use of its depot and other buildings and grounds; and, at any point where its railroad connects with another railroad, it shall give reasonable and equal terms and facilities of interchange. [Revised Laws (1902) ch. 111, section 240.]

§ 1184. Minnesota.

It shall be unlawful for any common carrier to make or give any unequal or unreasonable preference or advantage to any particular person, firm, corporation, or locality, or any particular description of traffic in any respect whatsoever; 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.]

§ 1185. Mississippi.

Or if any railroad shall, for its advantage, or for the advantage of a connecting line, or for that of any person, locality, or corporation, make any discrimination in transportation against any person, locality, or corporation unless authorized by the Commission. Such person or corporation, in either case shall be guilty of extortion, and may be punished therefor criminally, besides being liable civilly. [Annotated Code (1902), section 4287.]

See, for a discussion of discrimination in handling traffic, Alabama & V. Ry. v. Railroad Commission, 38 So. 356 (1905), and Gilliland v. Illinois Central Ry., 32 So. 916 (1903).

§ 1186. Missouri.

It shall be unlawful for any common carrier to charge, collect, mand or receive more for transporting a ton of freight than it at the same time charges, collects, demands or receives per car for several cars of a like class of freight over the same railroad, for the same distance, in the same direction, under substantially similar circumstances and conditions; 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, under substantially similar circumstances and conditions; or to charge, collect, demand or receive more for transporting a hun