points, and shall not be raised until after thirty days' notice posted as aforesaid. [Ibid, section 3.]

Season and mileage tickets may be sold at reduced rates; and special rates may be established for passengers to attend agricultural fairs and public meetings, for parties of pleasure, and for military and other organized bodies. [Ibid, section 4.]

Discrimination is defined in McDuffee v. Portland & R. R. R., 52 N. H. 430, 13 Am. Rep. 72 (1873), as a personal difference made without justification. But in Concord & P. R. R. v. Forsaith, 59 N. H. 122, 47 Am. Rep. 181 (1879), it was held that the fact that one shipper made large shipments was sufficient to justify a difference in rates.

1151. New Mexico.

No railroad company shall charge any person, company or corporation for the transportation of any property, a greater sum than it shall at the same time charge and collect from any other person, company, or corporation for a like service from the same place, and upon like conditions, and all concessions of rates, drawbacks, and contracts for special rates founded upon the demands of commerce and transportaton shall be open to all persons, companies, and corporations alike. [Compiled Laws (1897), section 3911.]

1152. North Carolina.

That if any common carrier subject to the provisions of this Act shall directly or indirectly by any special rate, rebate, drawback, or other device, charge, demand, collect, or receive from any person or persons a greater or less compensation for any service rendered or to be rendered in the transportation of passengers or property subject to the provisions of this Act than it charges, demands, or collects, or receives from any other person or persons for doing for him or them a like. and contemporaneous service in the transportation of a like kind of traffic under substantially similar circumstances and conditions, such common carrier shall be deemed guilty of unjust dis

crimination, which is hereby prohibited and declared to be unlawful. That it shall be unlawful for any common carrier subject to the provisions of this Act to make or give any undue or unreasonable preference or advantage to 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, and any person, persons, company, or corporation violating the provisions of this section shall be upon conviction thereof, fined not less than one thousand nor more than five thousand dollars for each and every offense. [Laws of 1899, ch. 164, section 13.]

Provided further, that the North Carolina Corporation Commission conjointly with such companies shall have authority to make special rates for the purpose of developing all manufacturing, mining, milling and internal improvements in the State; Provided further, that nothing in this Act shall prohibiť railroad or steamboat companies from making special passenger rates with excursion or other parties, also rates on such freights as are necessary for the comfort of such parties, subject to the approval of the Commission. [Ibid, section 14.]

See State v. Southern Ry., 122 N. C. 1052, 30 S. E. 133 (1898), where it was held that under a provision that no common carrier shall receive from any person any greater compensation than it charges any other person for a like and contemporaneous service, it is unlawful for a railroad company to issue passes, and transport people thereon free of charge. And see McNeill v. Dunham & C. Ry., 135 N. C. 682, 47 S. E. 765 (1904), where it was held that a passenger riding upon a pass granted in violation of a provision of this sort was not so in pari delicto as to disable him from recovering for negligent injuries.

§ 1153. North Dakota.

If any railroad, railroad corporation or common carrier subject to the provisions of this Act shall directly or indirectly by any special rate, rebate, drawback, or other device, charge, demand, collect, or receive from any person or persons a greater or less compensation for any service rendered or to be rendered in

the transportation of passengers or property subject to the provisions of this Act than it charges, demands, collects, or receives from any other person or persons for doing for him or for them a like and contemporaneous service in the transportation of a like kind of traffic, it shall be deemed guilty of unjust discrimination which is hereby prohibited and declared unlawful; this section, however, is not to be construed as prohibiting a less rate per one hundred pounds in a carload lot than is charged, collected, or received from the same kind of freight in less than a carload lot. [Laws of 1897, ch. 115, section 15.]

§ 1154. Ohio.

It shall be the duty of all railroad companies and of all persons operating a railroad to secure and extend to all persons, companies and corporations, the same and equal op portunities and facilities for receiving and shipping freights of all kinds, of the same class [and the same and equal opportunities and facilities for receiving and shipping freights of all kinds of the same class], that such railroad company or the person operating such railroad, extends to, has used or enjoys, of and concerning freights owned by such railroad company, or the person operating such road or any of the officers or stockholders therein, or in which it, they or either of them have any interest, and any railroad company or person operating any railroad failing to comply with or observe the provisions or requirements of this section, shall be liable in a civil action to the party injured for the damages sustained, but for any violation of this section the recovery in any such action shall be not less than five hundred dollars. Annotated Statutes (1906), section 3373.]

Ohio has always been one of the strongest States against personal discrimination; and this statute, in so far as it states substantive law, is but declaratory of the common law; therefore it is thought advisable to subjoin citations to the principal decisions against personal discrimination. In Schofield v. L. S. & M. S. R. R., 43 Ohio St. 571, 3 N. W. 907,

54 Am. Rep. 846 (1885), it was held illegal to make a reduction to one shipper of a commodity, even though he was a large shipper. This was reiterated in Bundred v. Rice, 49 Ohio St. 640, 32 N. E. 169, 34 Am. St. Rep. 589 (1892).

§ 1155. Oregon.

It shall be unlawful for any person or persons engaged in the transportation of property as aforesaid, directly or indirectly, to allow any rebate, drawback, or other advantage, in any form, upon shipments made or services rendered as aforesaid by him or them; provided, that the provisions of this Act shall not apply to goods intended in good faith to be shipped to points beyond the limits of this State; provided, that this dicrimination shall be considered only as between persons when relating to similar grades of freight. [Anotated Laws (1892), section 4030.]

§ 1156. Pennsylvania.

Any undue or unreasonable discrimination by any railroad. company, or other common carrier, or any officer, superintendent, manager or agent thereof, in charges for, or in facilities. for, the transportation of freight, within this State, or coming from or going to any other State, is hereby declared to be unlawful. [Br. Pur. Dig. (1894), p. 1815, section 186.]

In Bald Eagle V. Ry. v. Nittarey V. Ry., 171 Pa. St. 284, 33 Atl. 239 (1895), it was held that one who promised a railroad company, in consideration of its laying its rails to his manufactory, and furnishing him money to aid in bringing the raw material thereto, to give the company the transportation of the manufactured product to market at reasonable rates, could not avoid the contract on the ground that it deprived him of rights guaranteed by Constitution, article 17, § 3, declaring that all individuals shall have equal rights to transportation, without discrimination.

In Hoover v. Pennsylvania R. R., 156 Pa. St. 220, 27 Atl. 282, 36 Am. St. Rep. 43, 22 L. R. A. 263, B. & W. 410 (1893), it was held that it was not discrimination to give a lower rate on coal to manufacturers than to dealers in coal.

§ 1157. South Carolina.

If any railroad corporation as aforesaid, shall make any unjust discrimination in its rate and charges of toll as compensation for transportation of passengers or freights of any description, or for the use and transportation of any railroad car upon its said road, or upon any of the branches thereof, or upon any railroads connected therewith, which it has the right, license or permission to operate or control within this State, the same shall be deemed guilty of having violated the provisions of this chapter, and, upon conviction thereof, shall be fined in a sum not less than one hundred nor more than one thousand dollars.

It shall be unlawful for any person so engaged as aforesaid, or person engaged solely in the shipment or receiving of property directly or indirectly to allow or receive any rebate, drawback, or other advantage, in any form, upon shipments made or services rendered or received by them as aforesaid. Code (1902), section 2084.]

[Civil

Provided, however, That nothing herein contained shall be so construed as to prevent such person or persons so engaged as aforesaid from issuing commutation excursion or thousand-mile tickets as the same are now issued by such corporations. [Ibid, section 2085.]

Nothing in this chapter shall apply to the carriage, receiving, storing, handling, or forwarding of property carried for the United States or any State thereof, at lower rates of freight and charges than for the general public, or to the transportation of articles free, or at reduced rates of freight, for charitable purposes, or to or from public fairs and expositions for exhibit. [Ibid, section 2087.]

Discrimination was not illegal at common law in South Carolina. Ex parte Benson & Co., 18 S. C. 38, 44 Am. Rep. 564 (1882); Avinger v. So. Car. R. R., 29 S. C. 265, 7 S. E. 493, 13 Am. St. Rep. 716 (1888).