The Caucasian. (Clinton, N.C.) 188?-1913, 1890-06-05
ks" ANSWER.

the Railroads not the power 10
discrim nate in favor o or
against any place ur PARTY at
THEN oNn sweet personal wills"
To this Question answer NJ,
ana for the Information OF your
readers Will quote The law
showing they cannot. See the
Code Vol ] Section 1865, which
reads a. follows:
at shall be unlawful for any
railroad corporation operating
in this state to charge for the
transportation Of any freight
Of any description over its road
q greater amOunt as toll, or
compensation than shall at the
same time Be charged by it for
the transportation Of All equal
quantity OF the same class OF
freight transported in tue same
direction over any pO,tjnn Of
same railsOrd Of equal distance,
andany railroad company viola
ting this section shall forfeit
and pay the sum Of two hundred
dollars for each and every
offence to any person suing fo.
the same. Nothing in this
chapter shall be taken in any
manner as abridgirg the right
Of any railroad company from
making special contracts with
shippers Of large quantities Of
freight, to be not less in quanti-
ty or bulk than one car load
In the year 1886 d case under
this law was carried to the
Supreme Court of NortI Caro-
lima. The facts i'll the case were
these. The Wilmington and
Weldon K. r. carried ten tons
Of fertilizers from Wilmington
10 Rocky Mount for Il man
named Hines and also carried
tell tons of fertilizers from
Wiinins ton to TarbOro for a
man named Battle and charged
both men the same price where
as IarbOro is eighteen miles
further from Wilmington than
Rocky Mount.
Hines and Battle brought suit
against the W. d W Railroad
under this law for two hundred
dollars as the law says for a
| penalty-they obtained judy
ment against tie Railroad for
the two hundred dollars in the
Superior Court and the Railroad
appealed to the Supreme Court
See the 50 North Carolina
Req Orts-page 434 for this
decision. The Supreme Court
III the case says:
it appears. that according to its
current list of charges for carrying
freight, the defendant charged fol
carrying fertilizers from Wilaling-
ton i'll this State, to Rocky Mount
! ili tiiIo 'CtttAt, w t1 is 1d11IOti.
distance of one hundred and thirty.
seven miles, two dollars and fifty
cents per ton, an / at the same time,
! The sane amount, for carrying Il ton,
/ OF the same class of freight, from
the same place, in the same direc-
ton, over the sane part Of its rail.
road, an equal distance, and thence
over Its branch road to TarbOrO in
this state, the greater distance OF
eighteen miles; and that it carried
tor the plaintiffs from Wilmington
to Rocky Mount, ten tons Of fertili
! ZerS, and charged them for CARRYING
the same, twenty-five dollars, and
at the same time, it carried for II.
II. Battle, from the same place,
over its same railroad, in the same
! direction to Tarbcro, the greater
/ distance Of eighteen miles, seven
. teen tons Of fertilizers, of the same
class Of freight, and charged him
torty-tWo dollars and fifty cents. Tc
simplify this statement; the Gefen
dant charged the plaintiffs two dol
lars and fifty cents, for carrying Z
| ton Of fertilizers one hundred and
thlrty-seven miles, over it, road
and at the same time, charged R.H.
Battle but the same amount, az
compensation for carrying a like
toI OF fertilizers, in the same direc-
ton, over its same railroad, a
greater distance, tO-Wit, one hundred
and titty-tiNe miles. In the orderly
! course OF business, this latter charge
was for the whole distance, and not
simply for part of it ending al
Rocky Mount. The presumption is,
nothing to the contrary appearing,
that the charge was for the whole
distance. Hence it must be, that
the defendant charged the plaintiff
greater amount as compensation
Tor carrying their ton of fertilizers,
Tor the distance of one hundred and
| thlrty-seven miles Of its railroad,
! than 1t did at the same time charge
Ii. II. Battle, for carrying an equal
/ quantity OF the same class OF freio Int
IN the same direction and equal. in
this c,se the same distance, over its
same railroad; and so, also, the
defendant charged the plaintiff for
carrying ten tons OF fertilizers one
hundred and thirty-seven miles
over its railroad, twenty-five dol
lars as compensation, and at the
same time charged another shipper,
! X. IL. Battle. an amount for carry
in. an equal quantity OF the same
class of freight, al equal distance,
and in this case, the same distance.
/ in the Same direction ny-ar ~, e., -, y
railroad. We have already seen
that the fact that the defendant
carried for one of these two ship
pers, at the same time, ore than
| ten tons, cannot affect the result.
They had equal quantities to the
extent of ten tons, and for these
equal quantities, it charged one of
them a greater amount "a cempensa-
ton than the other for an equal
distance and this * tho ruataria