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 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 |