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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

dred 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, under substantially similar circumstances and conditions. 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 article; Provided, however, that for the protection and development of any new industry within this State, such railroad company may grant concessions in special rates for any agreed number of carloads, but such special rates as aforesaid shall first be approved by the board of railroad commissioners and a copy thereof filed in the office thereof. [Revised Statutes (1899), section 1130.]

It shall be unlawful for any such common carrier to charge, collect, demand or receive more for the transportation of any car of freight composed of several different classes of merchandise or freight, transported for the same owner to the same destination, than it at the same time charges for the transportation of a carload of freight of the highest class of merchandise or freight contained in said carload of mixed freight: Provided, however, that such common carrier shall not be liable for any damages or loss in transportation growing out of or that is the natural and direct result of shipping the said several classes of freight in one car. [Ibid, section 1131.]

It shall be unlawful for any such common carrier to charge, collect, demand or receive more for the transportation of less than a carload of freight when shipped to one owner, to one destination, than it at the same time charges for a carload of like freight, or when the car is loaded with freight of several classes, more than it charges for the transportation of a carload of the highest class of freight shipped in said car of mixed freight: Provided, that nothing in this sec

tion shall be construed to forbid a railway company from transporting freights in carload lots at a less rate per hundred pounds than it charges, demands and receives per hundred pounds for like class of freight in quantities less than a carload. [Ibid, section 1132.]

In Rothschild v. Wabash, St. L. & P. R. R., 92 Mo. 91, 4 S. W. 418 (1887), differences in the circumstances were held to justify differences in rates.

§ 1187. Nebraska.

That it shall be unlawful for any common carrier subject to the provisions of this act to make or give and preference or advantage to any particular person, company, 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, or any particular description of traffic, to any prejudice or disadvantage in any respect whatsoever. Every common carrier subject to the provisions of this act shall, according to their respective powers, afford all reasonable, proper and equal facilities for the interchange of traffic between their respective lines, and for the receiving, forwarding, and delivering of passengers and property to and from their several lines and those connecting therewith, and shall not discriminate in their rates and charges between such contracting lines; but this shall not be construed as requiring any such common carrier to give the use of its tracks or terminal facilities to another engaged in like business. [Compiled Statutes (1899), section 4047.]

§ 1188. New Hampshire.

Every railroad corporation which shall contract with any person for the transportation of milk in large quantities over any portion of its railroad shall establish a tariff for the transportation of milk by the can over the same portion of its railroad with fairly proportionate advantages and facilities in every

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