more for a short haul than for a long haul. The extracts given in this chapter will show into how much detail this goes in some jurisdictions and how general the prohibitions are in others.

§ 1212. Arkansas.

Persons and property transported over any railroad shall be delivered at any station at charges not exceeding the charges for transportation of persons and property of the same class in the same direction to any more distant station. [Digest of Statutes (1894), section 6301.]

$1213. California.

Persons and property transported over any railroad, or by any other transportation company or individual, shall be delivered at any station, landing or port at charges not exceeding the charges for the transportation of persons and property of the same class, in the same direction, to a more distant station, port or landing. [Constitution (1880), article xii, section 21.]

§ 1214. Connecticut.

No railroad company shall charge or receive, for the transportation of freight to any station on its road, a greater sum than is at the time charged or received for the transportation of the like kind and quantity of freight, from the same original point of departure and under similar circumstances, to a station at a greater distance on its road in the same direction. Two or more railroad companies, whose roads connect, shall not charge or receive, for the transportation of freight to any station on the road of either of them, a greater sum than is at the time charged or received for the transportation of the like kind and quantity of freight, from the same original point of departure and under similar circustances, to a station at a greater distance on the road of either of them in the same

direction. In the construction of this section the sum charged or received for the transportation of freight shall include all terminal charges; and the road of a company shall include all the road in use by it, whether owned or operated under a contract or lease. [General Statutes (1902), section 3772.]

1215. Illinois.

If any such railroad corporation shall charge, collect or receive for the transportation of any passengers, or freight of any description, upon its railroad, for any distance, within this State, the same, or a greater amount of toll or compensation than is at the same time charged, collected, or received for the transportation, in the same direction, of any passenger, or like quantity of freight of the same class, over a greater distance All such discriminating rates, of the same railroad. charges, collections, or receipts, whether made directly or by means of any rebate, drawback, or other shift or evasion, shall be deemed and taken as prima facie evidence of the unjust discriminations prohibited by the provisions of this Act, and it shall not be deemed a sufficient excuse or justification of such discrimination on the part of such railroad corporation, that the railway station or point, at which it shall charge, collect, or receive the same or less rates of toll or compensation, for the transportation of such passenger or freight, or for the use and transportation of such railroad car the greater distance than for the longer distance, is a railroad station or point at which there exists competition with any other railroad or means of transportation. [Annotated Statutes (1896), ch. 114, section 168.]

The leading case under this provision is Illinois Cent. Ry. v. People, 121 Ill. 304, 12 N. E. 670 (1887). It was held in that case that charging ten cents per hundred pounds for carrying coffee in sacks from C. to M., 172 miles, while charging another shipper sixteen cents per hundred from C. to K., 56 miles, was illegal discrimination. This involved applying strictly the provision that competitive conditions between railways at M. could not be urged in excuse, and it was immaterial that M. and K. were

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It shall be unjust ermination for any railroad company subjen benene to charge or receive any greater compensation in the aggregue fe the transportation of like kind of property or pawnger for a sore than for a longer distance over the same line in the same direction, the shorter distance being included in the longer: Provided. That upon application to the Commission any railroad company may in special cases, to prevent manifest injury, be authorized by the Commission to charges less for longer than for shorter distance for transporting persons and property, and the Commission shall, from time to time, prescribe the extent to which such designated railroad may be relieved from the operation of this subdivision: Provided, That no manifest injustice shall be imposed upon any person at intermediate points. Provided, further, That nothing shall be so construed as to prevent the Commission from approving what are known as "group rates" on any of the railroads in the State. [Laws of 1905, ch. 53, section 14.]

81217. Iowa.

It shall be unlawful for any common carrier subject to the provisions of this chapter to charge or receive any greater compensation in the aggregate for the transportation of passengers or a like kind of property for a shorter than a longer distance over its railroad, all or any portion of the shorter haul being included within the longer, and shall charge no more for transporting freight to or from any point on its railroad than a fair

and just rate, compared with the price it charges for the same kind of freight transportation to or from any other point. [Code (1897), sec. 2126.]

In Blair v. Sioux City & P. Ry., 109 Iowa, 369, 80 N. W. 673 (1899), it was held that a petition alleging that two railroad companies voluntarily established joint rates, and charged plaintiff a rate in excess of the same joint rates on like shipments, at the same time, which were made to other points, for like distances, over their lines of road, makes a prima facie case showing discrimination.

§ 1218. Kansas.

Nor shall it charge more for transporting freight from any point on its line than a fair and just proportion of the price it charges for the same kind of freight transported from any other point; nor shall it be lawful to charge a greater freight rate to haul any class of goods for a shorter distance than for a longer one in the same general direction under like conditions, and over the same system of road in Kansas, except by the consent of the commissioners. [General Laws (1901), section 5985, Laws of 1901, chap. 286, section 25.]

§ 1219. Kentucky.

It shall be unlawful for any person or corporation owning or operating a railroad in this State, or any common carrier, to charge or receive any greater compensation in the aggregate for the transportation of passengers, or of property of like kind, under substantially similar circumstances and conditions, for a shorter than for a longer distance over the same line, in the same direction, the shorter being included within the longer distance; but this shall not be construed as authorizing any common carrier, or person, or corporation owning or operating a railroad in this State to receive as great compensation for a shorter as for a longer distance; provided, That upon application to the railroad commission, such common carrier, or person, or corporation owning or operating a railroad in this State may, in special cases, after investigation by the commission,

be authorized to charge less for longer than for shorter distances for the transportation of passengers or property; and the Commission may from time to time prescribe the extent to which such common carrier, or person, or corporation, owning or operating a railroad in this State may be relieved from the operations of this section. [Constitution, sec. 218.]

If any person owning or operating a railroad in this State, or any common carrier, shall charge or receive any greater compensation in the aggregate for the transportation of passengers or property of like kind, under substantially similar circumstances and conditions, for a shorter than for a longer distance, over the same line, in the same direction, the shorter being included within the longer distance, such person shall for each offense be guilty of a misdemeanor, and fined not less than $100 nor more than $500, to be recovered by indictment. in the Franklin Circuit Court or the Circuit Court of any county into or through which the railroad or common carrier so violating runs or carries on its business. Upon complaint made to the railroad commission that any railroad or common carrier has violated the provisions of this section, it shall be the duty of the commission to investigate the grounds of complaint, and if, after such investigation, the commission deems it proper to exonerate the railroad or common carrier from the operation of the provisions of this section, an order in writing to that effect shall be made by the commission, and a copy thereof delivered to the complainant and the railroad or common carrier, and the same shall be published as a part of the report of the commission; and after such order, the railroad or carrier shall not be prosecuted or fined on account of the complaint made. If the commission, after investigation, fails to exonerate the railroad or carrier from the operation of the provisions of this section, an order in writing to that effect shall be made by the commission, and a copy thereof delivered to the complainant and the railroad or common carrier, and the same shall be published as a part of the report of the commission;