longer competing line or lines, that where the distance from such shipping point to the place of destination does not exceed the entire length of the shortest competing line, then the same rule shall apply as is provided in this section for the shortest competing line as to rates of freight. [Compiled Laws (1897), sec. 5247.]

1223. Minnesota.

No carrier shall charge or receive greater compensation for the transportation of passengers or of like kind or class and quantity of property, for a shorter than for a longer distance over the same line, the shorter being included within the longer distance; but this shall not be so construed as authorizing any carrier to charge or receive as great compensation for a shorter as for a longer distance; but upon application to the Commission such carrier, in special cases, after investigation by the commission, may 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 designated carriers may be relieved from the operation of this section. No carrier shall charge or receive any greater compensation per ton per mile for contemporaneous transportation of the same class of freight for a longer than for a shorter distance over the same line in the same general direction, or from the same original point of departure, or to the same point of arrival; but this shall not be construed so as to authorize any carrier to charge as high a rate per ton, per mile, for a longer as for a shorter distance. [Revised Laws (1905), section 2017.]

In State ex rel. v. Minneapolis & St. L. R. R., 80 Minn. 191, 83 N. W. 60, 89 Am. St. Rep. 514 (1900), it was shown that the tariff rate on coal from D. to N. was $2.50 and from D. to twenty-one stations along the same lines, the most southerly being B., 112 miles beyond N., the rate was the same. The court inclined to support this schedule upon the commercial necessities of the situation, citing Steenerson v. (it. Northern Ry., 69 Minn. 353, 72 N. W. 713 (1897).

I

§ 1224. 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, or if any railroad company shall charge more for a short haul than for a long one, under substantially similar circumstances and conditions, without the sanction of 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 (1892), section 4287.]

See Alabama & V. Ry. v. Railroad Commissioners, 38 So. 356 (1905).

1225. Missouri.

Discrimination between persons or localities prohibited.—It shall be unlawful for any such common carrier to make or give any undue or unreasonable preference or advantage to any particular person, company or firm, corporation or locality, in the transportation of goods, wares and merchandise of any character, or to subject any particular person, firm, corporation or locality, or any particular description of traffic, to any undue or unreasonable prejudice or disadvantage with respect to such transportation; and all such common carriers shall afford equal facilities for the interchange of traffic between their respective lines and for receiving, forwarding and switching cars and delivering property to and from their lines, and to and from other lines and places connected therewith, and shall not discriminate in their accommodation, rates or charges between such connecting lines and places. But this provision shall not be construed as requiring such common carriers to give the use of their tracks or terminal facilities to other common carriers engaged in a similar business. [Revised Statutes (1899), section 1133.]

Discrimination-long and short haul.-It shall be unlawful for any such common carrier to charge or receive any greater compensation in the aggregate for the transportation of like kinds of property under similar circumstances and conditions for a shorter than for a longer distance over the same line in the same direction: Provided, however, that nothing contained in this section shall apply to the carriage, storage or handling of property, either free or at reduced rates, for the United States, for the State of Missouri, or for any fair, exposition, religious, scientific, benevolent or charitable purpose. [Ibid, section 1134.]

The ruling case in the construction of these sections seems to be Cohn v. St. Louis, I. M. & S. Ry., 181 Mo. 30, 79 S. W. 961 (1904). There it was held that in an action against a railroad company for the violation of Rev. St. 1899, § 1133, prohibiting railroads from giving any unreasonable advantage to any locality, or subjecting any locality to unreasonable disadvantage, and section 1134, prohibiting them from charging higher rates for a shorter than for a longer haul, a petition alleging that the defendant has charged the plaintiffs a higher rate for shipping freight from a certain point to their station than its published tariffs from the same point in the same direction to stations at a greater distance-specifying the difference in the charges, and the amount on which the excessive freight was paid, and alleging that merchants doing business at the other points were given an undue advantage over plaintiff's-sufficiently states in what way they were injured by defendant's 'acts.

And where a railroad company charges higher rates for carrying freight a less distance than its published rates for carrying it a greater distacce in the same direction over the same road, it violates these sections, though it does not actually carry any freight the greater distance. See to this affect Seawell v. Kansas City, F. S. & M. Ry., 119 Mo. 222, 24 S. W. 1002 (1893). Compare McGrew v. Missouri P. Ry., 177 Mo. 533, 76 S. W. 995 (1903).

§ 1226. Nebraska.

That it shall be unlawful for any common carrier subject to the provisions of this Act to charge or receive any greater compensation in the aggregate for the transportation of passengers or of like kind of property, 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 within the terms of this Act to charge and receive as great compensation for a shorter as for a longer distance: Provided, however, that upon application to the board appointed under the provisions of this act, such common carrier may, in special cases after investigation by the board, be authorized to charge less for longer than for shorter distances for the transportation of passengers or property; and the board may from time to time prescribe the extent to which such designated common carrier may be relieved from the operation of this section of this Act. [Compiled Statutes (1899), section 4048, ch. 72, art. viii, section 4.]

1227. Nevada.

It shall be unlawful for any person or persons engaged in the transportation of property, as provided in section one of this Act, to charge or receive any greater compensation per carload, or part thereof, of similar property, for carrying, receiving, storing, forwarding, or handling the same for a shorter than for a longer distance in one continuous carriage. [General Statutes (1885), section 897.]

1228. New Hampshire.

No railroad corporation shall charge or receive for the transportation of freight to any station on its road in this State a greater sum, including terminal charges, than is at the same time charged or received for the transportation of the like class and quantity of freight from the same original point of departure to a station in this State at a greater distance in the same direction on its road. This provision shall apply to corporations operating two or more connecting railroads in this State as if the railroads belonged to or were operated by a single corporation. [Public Statutes, ch. 160, section 19.]

The principal case upon this section is Osgood v. Concord R., 63 N. H. 255 (1884), where it was held that a railroad which charges and receives for the transportation of a carload of merchandise to a station on its road where the merchandise is delivered and is accepted by the consignees, more than it charges for such transportation of similar goods for a greater distance, it liable to the penalty imposed by statute for such disproportionate charge, although by the original contract for transportation the merchandise was to have been transported to a more distant station.

1229. New Jersey.

No company shall charge or receive any greater rate of compensation for transportation of property between way stations. or between a terminal station and a way station than for transportation of such property between terminal stations. [Laws of 1903, ch. 257, section 44.]

1230. North Carolina.

That it shall be unlawful for any common carrier subject to the provisions of this Act to charge or receive any greater compensation in the aggregate for the transportation of passengers or of like kind of property 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 within the terms of this Act. to charge and receive as great compensation for a shorter as for a longer distance: Provided, however, that upon application to the commission appointed under the provisions of this Act such common carrier may, in special cases, after investigation by the commissioner 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 designated common carrier may be relieved from the operation of this section of this Act: Provided, that nothing in this Act contained shall be taken as in any manner abridging or controlling the rates of freights charged by any