began to "charge what the traffic
would bear," high where they could, and low where they must, to get
the business. Thus developed the various forms of discrimination which
are now to be described.
Sec. 9. #Discrimination as to goods#. Discrimination as to goods is
charging more for transporting one kind of goods than for another
without a corresponding difference in the cost. When reasonably
understood, this proposition does not apply to a higher charge for
goods of greater bulk, as more per pound for feathers than for iron,
the "dead weight" of car being much greater in one case than in the
other. It does not apply where there is a difference in risk, as
between bricks and powder, or coal and crockery; nor where there is a
difference in trouble, as between live stock and wheat. Any difference
that can reasonably be explained as due to a difference in cost is
not discrimination; on the other hand a difference in cost without a
difference in rate is discrimination. Discrimination as to goods may
be by value, as low rates for heavy, cheap goods, and high rates for
lighter, valuable ones. Coal always goes at a low rate as compared
with dry goods, and sometimes more is charged for coal to be used for
gas than for coal to be used for heating purposes.
Railroad discrimination so frequently has resulted in injustice to the
shipping public that the term has taken on an evil significance. But
it is well to observe that the word discrimination is not derived from
_crimen_ (crime), but from _discernere_ (to discern). There are
both reasonable and unreasonable forms of discrimination. In
general discrimination as to goods more often appears, under certain
conditions and made with due regard to the public interest, to
be reasonable; less often to be justified is the form of local
discrimination, next to be described; and least often of all to be
justified is the last named form of personal discrimination.
Sec. 10. #Local discrimination#. Discrimination between places (called
also local discrimination) is charging different rates to two
localities for substantially the same service. This occurs when local
rates are high and through rates are low; when rates at local points
are high and at competing points are low; when less is charged for
shipments consigned to foreign ports than for domestic shipments;
when, more is charged for goods going east than for goods going west.
The causes of local discrimination are: first, water-co
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