The  rule  that  the  carrier  shall  receive  all  tbe  goods  tendered,  loses  half  Us
value  OS  a  politic  regulation,  if  the  cost  of  transportation  can  be  graduated  by
special  agreement  so  as  to  favor  one  party  at  tbe  expense  of  others.  Nor  would
this  defect  in  the  law,  if  it  existed,  be  remeilied  by  the  principle  which  com-
l<els  the  carrier  to  take  a  reasonable  hire  f<ir  his  labor,  because,  if  the  rale
charged  by  him  to  one  person  might  be  deemed  reasonable,  by  chargicig  a
lesser  price  to  another  for  similar  services,  he  disturbs  that  equality  of  rights
among  his  employers  which  ii  is  the  endeavor  of  the  law  \o  effect.  Indeed,
when  a  charge  is  made  to  one  person,  and  n  lesser  cliarge  far  precisely  the
same  offices,  to  another,  I  think  it  should  be  held  tliat  the  higher  charge  is
not  reasonable,"

It  was  furiher  held  that  railroad  companies  were  Invested  with  a  public
character  by  the  manner  and  purposes  of  their  creation,  and  with  important
prerogatives  and  franchises,  and  in  reference  to  these  it  is  said:  "  In  the  use
of  such  franchises,  nil  citizens  have  an  equal  interest  and  equal  rights,  aud  all
must,  under  tbe  same  circumstances,  be  treated  alike.  It  cannot  be  supposed
that  It  was  the  leeislative  intention,  when  such  privileges  were  given,  that  they
were  to  be  used  as  private  property,  at  the  discretion  of  the  recipient,  but.  lo
the  contrary  of  lliis.  I  liiink  an  implied  condition  attaches  to  such  grants.
