DISCRIMINATION ( Lat. discrim hoz from diserimiaarc. to discriminate, from disrer acre, from dis-, apart + cenicn, to perceive). A (list inetiun made between pa tron: by one engaged in a public or e0111 mon (-ailing. such as that of gammon carrier, or farrier. or innkeeper. It is diseolititellanced by the (.01010011 law. It is the legal duty of every one engaged in sump a ealling to serve all patrons in t he order ill which t hey present themselves, and to charge no one more than a reasonable rate. lie has 110 right to pick and ohuu.e among them. Speaking generally. he must treat all alike; that is. lie must a trord equal and facilities io all, and lie must not exalt from any one all excessive rate for his services. Further than this. however. his (summit-law duty does not extend. lfe is at liberty t0 charge less than a fair rate to any one. Others. it is held. cannot .justly complain of such favoritism, so long as his charges to them are re:I-on:11de In amount. In the language adopted by the New York Court of .Appeals: "Re-pecting preference ill rate: of compensation, the carrier's obligation is to eliarge no more than a fair retturn in eaeli particular transaetion. and, except as thus restrietpd, lie is free to discriminate at hi. pleasure. This is the equal itistiee to all which the law exacts from the common carrier in his relations with the publie." To put it in another way. the emninon law prohibit. positive discrimination, but does not forbid Ilegatire di,errolillatiOn. It does not permit the eommon Carrier lo transport one 'nods iii preference to those of another; but it does allow him to carry for favored in dividuals at an unreasonably low rate. or even gratis.
railway, came into operation their man ager, took advantage of this rule of eonilliOn law, and made VS pccially low rates for those who them their exelli.ive patronage, as well as far those whom they 01111,0 for any reason to favor. This practice lin.; evoked a good deal of legislation, both in England and in the United States, having for its object the prollibi lion of every form of discrimination or prefer ence by carriers, The earliest statute on thin subject the aet of Parliament known as Railways Clauses l'onsulidation Act of iti15. Its main piirpo,e was to prohibit a common car rier from charging more to one person than. dur ing the sal''e time. it Charged to others for the same Lind of service. It ,erred the model
for Federal and State statutes in the United States. Ill some of the States its policy has been imbedded in rvnotitutionaI provisions. For ex ample, the Constitution of t.'olorado contains this language : ".1I1 individuals. as...win I ion.. mid corporations shall have equal right, to liaNe per .011. and property transported OVer any railroad in this State, and no undue or unreasonable di,.
t ion shall be made in charges or facilities for transportation of freight or pas senger, within the State, and no railroad • pany. nor any lessee. manager, or employee thereof shall give any preference to individual•, a.soeiat ions, or corporations ill furnishing car: or power," This is a sound piddle policy. It operates to prevent great railroad eor. porations from building up the business of favored individuals. and In011 wrecking that of others.
The most important piece of I'vderal legislation bearing on this topic is best known as the Inter state Commerce Act of 1S,'S7. It. avowed pur pose is to promote and facilitate commerce by the adoption of regulations to make charge. for transportation just and reasonable, and to forbid undue and unreasonable preference-. or discrimin ations. The evils which it was intended to cor rect have been judicially described as ordinarily taking "the shape of inequality of charges made, or of facilities furnished. which are te.nally directed by or tolerated for the promotion of the interests of the corporation or the benefit of stone favored persons at the expense of (tilers. or of some particular locality or 1.0111 inunity, or of some local trade or commercial eon 'motions. or for the destruction ur crippling of sOille rival or hostile line." l•he :let does not attempt, hoverer, to prohibit all I 11:1 t and preferences. It aims only at those which are and nircamo,iabde. It does not ignore the principles that one can sell at whole-ale cheaper than at retail, nor that the 'carrier should be allowed to make n speeially low rate to secure business Mild] would otherwise go by other compel it ire routes.
See 1 erg' t 4. Commerce Coat m isRion and authorities there cited. Also. 1k-ale, On Bail ment s. quip. Ni. 1.011d011. 19001 : lot, rs ate Coin tite•,• commission vs. Bolt i m (till! Ohio Railroad, 1-t3 1T, S, 263 ( 1S912 Te.ras and Pa eilir Vs, Interstate Comm.-rec. Commis.
sion. 1112 1.T. 5. 1l11 ( 1S9ti)•