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

respect; but the receipt of milk in large quantities by a railroad corporation from another railroad corporation at the point of intersection of their railroads, and the transportation of the same over a part of its railroad, shall not be deemed to require the corporation to establish a tariff under the foregoing provision. [General Laws (1903), ch. 160, section 21.]

See Concord &.P. R. R. v. Forsaith, 59 N. H. 122, 47 Am. Rep. 181 (1879), holding the general principle of the common law to be that special reductions may be made to large shippers.

1189. Nevada.

It shall be unlawful for any person or persons engaged alone or associated with others in the transportation of property by railroad, whose railroads are wholly or in part in the State of Nevada, from any boundary of said State to any point in said State, or from any point in said State to any other point in said State, directly or indirectly, to charge to or receive from any person or persons any greater or less rate or amount of freight, compensation, or reward than is charged to or received from any other person or persons for like and contemporaneous service in the carrying, receiving, delivering storing or handling of the same; and all persons engaged as aforesaid, shall furnish, without discrimination, the same facilities for the carriage, receiving, delivery, storage, and handling of all property of like character, carried by him or them and shall perform with equal expedition the same kind of services connected with the contemporaneous transportation thereof as aforesaid. [General Statutes (1885), section 894.]

§ 1190. New Jersey.

All companies whose railroads cross, intersect or join shall deliver to and receive from each other and forward to their destination all property intended for points on their respective roads with the same dispatch and at a rate of freight not exceeding the local tariff rate charged to other persons on similar

property received at and forwarded from the same point. [Laws of 1903, ch. 257, section 44.]

1191. Ohio.

Every company whose line of road, or any part thereof, is within this State, shall so employ its rolling stock used for the transportation of freight as to afford as ample facilities for the transportation of local and way freight, delivered to or discharged by it along its line of road, as it affords for the transportation of through freight, in proportion to the amount of its rolling stock, and shall not give facilities for transportation to either class of freight in preference to the other. [Annotated Statutes (1906), section 3373.]

In State v. Cincinnati, N. O. & T. P. Ry., 47 Ohio St. 130, 23 N. E. 928, B. & W. 400 (1890), it was held that all shippers of oil must be treated without undue prejudice, both those who had tank cars and those who had not. See also Baltimore & O. R. R. v. Diamond Coal Co., 61 Ohio St. 242, 55 N. E. 616 (1899), where it was held that a railroad company whose line extends to a point of intersection with a canal of the State cannot make a valid contract to repay to a shipper a portion of the freight paid by him, it being the regular rate posted by the 'company and received from other shippers; such contract being prohibited by the sections of the Revised Statutes to prevent discrimination in rates of carriage.

§ 1192. Oregon.

It shall be unlawful for a person or persons engaged alone or associated with others in the transportation of property by railroad in the State of Oregon to charge to or receive from any person or persons any greater or less rate or amount of freight compensation or reward than is by him or them charged to or received from any other person or persons for like and contemporaneous service in carrying, receiving, storing, or handling the same. And all persons engaged as aforesaid. shall furnish, without discrimination, the same facilities for carriage, receiving, delivering, storage, and handling all property of like character carried by him or them, and shall perform

with equal expedition the same kind of services connected with contemporaneous transportation thereof as aforesaid. No break, stoppage, or interruption, nor any contract, agreement, or understanding, shall be made to prevent the carriage of any property from being treated as one continuous carriage, in the meaning of this act, from the place of shipment to the place of destination, unless such stoppage, interruption, contract, agreement, or understanding was made in good faith for some practical and necessary purposes, without any intent to avoid or interrupt such continuous carriage, or to evade any of the provisions of this act, unless prevented by unavoidable accident. [Annotated Laws (1892), section 4030.]

Goods intended by the shipper to be sent from points in the Willamette valley, above Portland, directly to San Francisco, or other points 'beyond the limits of the State, via Portland, may be carried from Corvallis to the latter place without reference to this act. Ex Parte Koehler, 25 Fed. 74 (1887).

Apparently shippers who belong to different classes may be given dif ferent rates in Pennsylvania, even although the freight shipped is of the same sort. See Hoover v. Pennsylvania R. R., 156 Pa. St. 220, 27 Atl. 282, 36 Am. St. Rep. 43, 22 L. R. A. 263 (1893); and Bald Eagle V. Ry. v. Nittany V. Ry., 171 Pa. St. 284, 33 Atl. 239 (1895).

§ 1193. Pennsylvania.

No railroad company, or other common carrier, engage in the transportation of property, shall charge, demand or receive from any person, company or corporation, for the transportation of property, or for any other service, a greater sum than it shall charge or receive from any other person, company, or corporation for a like service, from the same place, upon like conditions, and under similar circumstances; and all concessions in rates and drawbacks shall be allowed to all persons, companies or corporations alike, for such transportation and service, upon like conditions, under similar circumstances and during the same period of time. Nor shall any such railroad company or common carrier make any undue or unreasonable discrimina