Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1878-12-04

oil ready to lOnl. On one occasion,
when his consignee, Henry G. Ohlcn,
of the city OF New York, had already
received his allotment OF cars, under
the company's reasonable regulations
made Tor the benefit Of all its ship
pors Of petroleum, cars could not be
furnished Mcfarland until the return
OF those then IN the service Of the said
Ohlcn
The defendant denies that the En-.
Ienton and Clarion Railroad Company,
on or about September 5ih, 1878, or at
any other time, made any demand up
on the defendant for-nouvo power and
facilities, or that tho defendant refused
tbNsamc.
The defendant denies that at any
time between June 9th ond Septemb-
or 18th. 1873 or 10 an other timo
when it had cars for the purpose, itrefus
cd to William Il Fox, " foxbnrg, Clar,
ion county, Pa. cars ortransportatlonior
the carriage of oll, but AYERS that at
all times William L. Fox and his CON
signees have had their full proportion
ate share OF all tho cars that the de
lendant had TO furnish, although, as
before stated, it was not bound TO flrn-
ish cars at the points at which they
demanded.
And the defendant denies the truth
of fthatavermeuto OF the ninth paragraph
of the bill, which relates TO cOmmunl'
cations alleged to have been made
by its officers to Josiah Lombard, Jr.,
and Henry G. Ohlen, OF tho city OF
New York.
Tenth-That defendant docs not de-
ny that the business of producing, man
uiacturing and shipping petroleum Is
the chief industry IN tho counties ~
the bill mentioned, or that II affords
the means OF livelihood to many per
sons engaged therein; but that hnsi.
ness constitutes but part Of the total
commerce of the State, and Ia rot OF
sufficient Importance to require the
intervention of the Commonwealth for
its special protection. The defendant
/ is advised aud believes that the name
ui the Commonwealth was procured 10
be used IN this proceeding at the m
stance of but few persons OF those IN
teresled in the said business, not to re-
dress any public wrong, but in the H.
turest and Tor the advantage of private
parties merely, who, as the defendant
is informed aud believes, have entered
into AN illegal combination to control
the price Of crude petroleum and oi liz
transportation to the seabOard.
The defendant expressly y denies that
any injury has been done either to The
| Commonwealth or 90 any person whlcl
iustities the Commonwealth in becom
Ing party to this proceeding. ltiurlh
er not only denies any unlawful com
bination whereby the oil business II
tettered and injured or driven undel
the control OF foreign corporations bul
AYERS that il such business has suffered
il has been from the oyer-produclioi
Of crude oil and from II persistent over
stocking Of the markets OF the worl'
by the oil producers, whereby price
have been depressed.
And the defendant is advised an'
AYERS, that as matter of law, the Com
mon wealth is not entitled IN TN
t form OF proceeding tothe relief praye'
for ia the hill, and furthermore, that
the grievances therein alleged hav
any existnnce at all there is for thei
redresses an adequate remedy at law
and of all deiences in law, based clthe
upon the general legislation OF the Com
monwealth or upon the specific provi
sions of its charter, this delendan
. will ask to avail itself in like manno
, as il set forth by demurrer or plea.
And this defendant denies all and a
manner of unlawful combinations an
coniederacy wherewith it is by the sal
bill charged, without this, that ther
= il any other matter, cause, or thing I
the said complainants bill of complain
:. contained material or necessary 10
!. defendant 10 make answer TO, aud nc
: herein aud hereby well and suiliclentl
r answered, confessed, traversed, an
G avoided, or denied, rs true, TO tll
r knowledge or belief Of this dciendenl
!. all OF which matters and things tn
+ defendant is ready and willIngto ave
!, maintain, and prove, as this bonorab
9 court shall direct, and bumbly pray
r 70 he hence dismissed, with its reaSol
Y able costs and charges in tins bcha
i most wrongtully sustained.
G 1uE PENNSYLVANIA RAILROAD Co
# BY a j CAssArr.
g Third Wee Presiden
J. Attest: Jos LESLEY,
G Secretary. [Seal ]