railroad in this State for conveying freight which comes from or goes beyond the boundaries of the State and on which freight. less than local rates on any railroad carrying the same are charged by such railroads. But said railroad company shall possess the same power and right to charge such rates for carrying such freight as they possessed before the passage of this Act. [Laws of 1899, ch. 164, section 14.]

See No. Carolina Corp. Com. v. Atlantic C. L. Ry., 137 N. C. I. 49 S. E. 191 (1904).

§ 1231. North Dakota.

It shall be unlawful for any railroad, railroad corporation or 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 a like kind of property for a shorter than for a longer distance over its railroad, all or any portion of the shorter haul being included within the longer. And said railroad, railroad corporation, or common carrier shall charge no more for transporting passengers or freight to or from any point on its railroad than a fair and just rate as compared with the price it charges for the same kind of transportation to and from any other point. [Laws of 1897, ch. 115, section 17.]

1232. Ohio.

No company or person owning, controlling, or operating a railroad, in whole or in part, within this State, shall charge or receive for transportation of freight for any distance within this State a larger sum than is charged by the same company or person for the transportation in the same direction, of freight of the same class or kind, for an equal or greater distance over the same railroad and connecting lines of railroad; and every such company or person who violates, or permits to be violated, the provisions of this section, shall forfeit and pay to the party aggrieved a sum equal to double the amount of the overcharge,

but in no case less than twenty-five dollars, and shall also for every such unlawful act, forfeit and pay to the State a penalty of not less than one hundred nor more than one thousand dollars, to be recovered in a civil action, brought in the name of the State, by the prosecuting attorney of the county wherein such offense was committed, as a part of his official duties, whenever compliant is made to him, and he is satisfied that the provisions of this section have been violated. [Annotated Revised Statutes (1906), section 3373.]

$1233. Pennsylvania.

All individuals, associations and corporations shall have equal right to have persons and property transported over railroads and canals, and no undue or unreasonable discrimination shall be made, in charges for, or in facilities for transportation of freight or passengers, within the State, or coming from or going to any other State. Persons and property transported over any railroad shall be delivered at any station, at charges not exceeding charges for transportation of persons and property of the same class in the same direction to any more distant station; but excursion and commutation tickets may be issued at special rates. [Constitution (1874), art. 17, section 3.]

This provision was held efficient in itself without ancilliary legislation in Central Iron Works v. Pennsylvania R. R., 2 Dauph. Co. 308, 17 Pa. Co. Ct. 651, 5 Pa. Dist. 247 (1895). In that case plaintiff averred in its bill that defendant allowed favored individuals, associations and corporations upon their semi-bituminous coal, carried and transported to P. and G. piers, from their mines situated in the several coal regions, a secret rate not exceeding $1.10 per gross ton, and from the W. region a rate not exceeding $1.35 per gross ton, while for the same class and quality of coal, transported from the same regions, in the same direction, to a less distant point, the plaintiff had been, and was still, compelled to pay a rate of $1.47 and $1.76, respectively, per gross ton, contrary to the provisions of section 3, article 17, of the Constitution, and asked for an injunction to restrain the defendants from making such charges. Defendants demurred, but decision was given for plaintiffs.

1234. South Carolina.

It shall be unlawful for any person or persons in the transportation of property as provided in section 2083 of this chapter, to charge or receive any greater compensation for carrying, receiving, storing, forwarding or handling articles of the same character and description for a shorter than a longer distance in one continuous carriage; and the road of a corporation shall include all the road in use by such corporation, whether owned or operated under a contract or lease by such corporation: Provided, That nothing in this chapter contained shall be construed so as to require any corporation or combination of corporations to regulate their charges for shorter distances by their proportion of through rates between terminal or junctional competitive points: Provided, further, That if one corporation should use, operate or otherwise control, wholly or in part, several lines or divisions of hitherto independent railroads within the State the Commission may, in their discretion, conjointly with the said corporations, fix rates of toll or compensation for freight traffic on each of said hitherto independent lines or divisions; Provided, further, That the railroad commission conjointly with the railroad companies, shall have authority to make special rates for the purpose of developing all manufacturing, mining, milling and internal improvements in this State. [Civil Code (1902), section 2086.]

In Sternberger v. Cape F. & Y. V. R. R., 29 S. C. 510, 7 S. E. 846 (1888), it was held in refusing relief claimed under this section that where freight was shipped from one point in South Carolina to another point in that State was necessarily carried in part over railroads lying in another State, such commerce was interstate business, and therefore that the freight charges in such case were beyond the jurisdiction of the State Railroad Commission. The general doctrine had already been established in Railroad Commissioners v. Railroad Company, 22 S. C. 220 (1884), and Hall v. So. Carolina R. R., 25 S. C. 564 (1886).

1235. South Dakota.

shall charge,

If any such railroad corporation collect or receive from any person or persons for the transporta

tion of any freight upon its railroad, a higher or greater rate of toll or compensation than it shall, at the time, charge, collect or receive from any other person or persons for the transportation of the like quantity of freight of the same class, being transported from the same point in the same direction over equal distances of the same railroad, or if it shall charge, collect or receive from any person or persons for the use and transportation of any railroad car or cars upon its railroad, for any distance, a greater amount of toll or compensation than is at the same time charged, collected or received from any other person or persons, for the use and transportation of any railroad car of the same class or number, for a like purpose, being transported in the same direction, over a greater distance of the same railroad; . 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 corporation, 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 the said railroad corporation that the railroad station or point at which it shall charge, collect or receive less compensation in the aggregate for the transportation of such passenger or freight or for the use and transportation of such railroad car the greater distance, than for the shorter distance, is a railroad station or point at which there exists competition with any other railroad or means of transportation. [Laws of 1897, chap. 110, section 28.]

1236. Tennessee.

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 like circum

stances and conditions, for a shorter than a longer distance over the same line in the same direction, the shorter being included within the longer distance, such person or common carrier shall, for each offense, be guilty of a misdemeanor and fined, not less than $100 nor more than $500. [Laws of 1897, chap. 10, section 18.]

See Ragan v. Aiken, 77 Tenn. (9 Lea) 609, 42 Am. Rep. 684 (1882).

1237. Texas.

It shall also be an unjust discrimination for any railroad subject hereto to charge or receive any greater compensation in the aggregate for the transportation of like kind of property or passengers for a shorter than for a longer distance over the same line; provided, that upon application to the Commission any railroad may in special cases, to prevent manifest injury, be authorized by the Commission to charge less for longer than for shorter distances 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 operations of this provision; provided that no manifest injustice shall be imposed upon any citizen at intermediate points. Provided, further, that nothing herein shall be so construed as to prevent the Commission from making what are known as group rates" on any line or lines of railroad in this State. [Revised Statutes (1895), art. 4574 (3).]

1238. Vermont.

A railroad corporation whose railroad is located in the State, shall not charge a larger sum for freight, merchandise, or passengers thereon for a less distance, to or from a way station. on said road, than is charged for a greater distance; and in case of a violation of this provision, the excess so charged may be recovered from said corporation, by the party aggrieved, in an action for money had and received, with costs. [Vermont Statutes (1894), section 3901.]