The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-11-30
FIGnrING rue SrINDIRD.


X
Company. prays for mandamus commanding
the railroad officials to treat him as a shipper Of
oil precisely rs it treats every other person or
company Arguments were submitted Yestcr-
day to Judge Lawrence and he took the papers.
All the trunk lines OF railroads are abject
tools Of the Standard Oh Company. SO pro-
durcrs have said on oath The giant monopoly
not only dictates to the managers Of these
trunk lines the prices they shall demand for
oil TRANSPORTATION, but it requires them to mid II
in u thousand and one ways IN crushing out all
outside refining interests: such IL. in brief the
ayrmcnt II The producers IN their legal com
plants. All the outside refining interest that
has not boon crushed ont IL represented by
Henry G. Ohen Of New York. H. makes am.
Invit that he has not only been obliged to pay
from the oil territory To New York. while ths
standard has boon allowed rebate Of GO cents
on this rat". hut that. in addition. hc has been
annoyed and distressed IN many ways by the
needless delays that the railroads have sub
lcctod him to. and ia some cases by their posi-
tive refusal to carry oil for him.
Soon after the consolidation Of all the pipe
Pipe Linz owned almost wholly bv Tho
monopoly. Mr.. Ohlcn began to feel the squeeze
a. he expresses ID.
Mr. Ohan began to experience trouble last
spring. when he made acquisitions for cars
and instead Of getting the number required. he
was rut down 10 ono urtwO "a day. AtthHt time no
was shipping from 1000 TO 5000 barrels q day
Now the capacity for shipping oil from tho re-
gions Is anout $1,000 barrels day. and the
total shipments during May and June, whom he
began to becom" conscious OF trouble ahead.
were about 10000 barrels day. Therefore
there WIS still a carrying capacity. after the
Standard oil had been shipped OF 25 900 barrelsa
day. In fact during the latter part OF the summer
and ~ The fan. the Standarl shipped regularly
" 10000 barrels day. Mr., Ohlens agent in
Oh City VIM. II. Nicholson. demanded an ex-
planation from the general freight agent in Oil
city. and the reply was that tho agent was un-
able To get the ears. Right after this. Mr.. Ohl"n
NET a. stumbling block in CarrOlltun. where the
Erie Railroads Connections with the oil regions
are mAd'. Mr.. Nlcho son describes that dtfl-
n met MI. 0hlen in Carrollton and he tole-
gruphed tu New York asking whether he could
hnvc hundred cars 20 run oil east. The reply
uiz.d tho order and said that W. could have the
cars ~ soon as they arrived. Soon afterward
W. met Mr.. O'Dny the manager Of the United
IN" Line for the upper district. and he told US
that "" could not have the cars. | asked him
why. and he snid he had orders from officials
Of the Eric road not 10 load cars except ON or
Mr. Pratt. was n Standard stakeholder and
director. Mr. Nicholson further said that Mr.
O'Day positively refused IN allow the order to
be- rccQ-n.zed. although az TIE time the cars
were there and not IN use Mr.. Ohlen had oil
IN the tanks. and Mr. O,pny, Ms manager for
the Pipe Line. instructed his men not To load
oil into The cars. The result was Mr. Ohlcn
was not ahle TO ship the OIL.
Not long after this Mr.. Ohlen. having oil in
the lower district on tho Allegheny River.
wanted the desired Pipe Line 10 run oil for him
from that section THIS they refused 10 do and
they Insisted. moreover, that all eastern bound
shipments Of oil ouldbetaken from the Brad
My people. said Mr. ohen. dissented very
strongly, on the ground that itwoud inIure their
trade in lower country oil. which ia superior
Ny people believed that when We bought oil in
the lower country. for which we could get
good price. 4 was arbitrary Tor the United Pipe
Line To say that We should take oil produced in
Bradford II WAS forcing them out ~ business
TO force them 70 take oil from the Bradford dis
trct-that is II forced them to take an Inferior
Dl "A COul1 he
Mr. Ohlen has an agent in Bradford, young
man. the son Of a banker. with whom the
United Pipe Line and tho standard did large
business; Mr.; Ohlen says that the young man
came 10 New York to SEES him. and give up his
position. saying that Mr.. O'Day had told his
father that unless he the agent stopped buying
oil for 0hlen they would withdraw their bank
These and otner acts put Mr.. Ohlen and other
oil men upon their mettle They first deter
and met Mr. Cassatt. OF the Pennsylvania road.
Mr.. Cassatt bluntly told him that outside re-
ilnfrs must submit ida to di1crimn9tio3 IN
that the standard was shipping more oil and
was therefore entitled TO lower rates. Mr..
OMEN reminded him that the standard shipped
more oil. only because ~ me rebate. and Mr.
Cassatt refused 10 say whether the P"nnsylva-
mia road would give Mr.; Ohlen the rebate # he
shipped a. much oil. In a subsequent inter-
view. President Tom Scott suggested that Mr.
Ohen make terms with the standard, and when
Mr. Ohlen refused to do this. Col Scott said he
After repeated efforts 70 get justice at the
hands OF the railroad officials Mr.. Ohlen de-
trrmincd 10 appeal 10 the courts. In his uppli-
cation for writ Of mandamus he made anlda-
VT that the general freight agent OF the Erie
road hHs unlusty refused to furnish any trans
pOrtatIon for crude petroleum. alleging. MS a
reason, that Ohlcn cannot have them rs long AS
Chus. Pratt GO. rrqulr" them. ana that Presl-
dent lewctt refused tIausp Ortntlon Tor the same
reason. Mr.. Ohlrn also Hvrrs that he is willing
o. pay higher freight rates than Pratt AZ Go. are
Chas. Pratt 4 CO.. and Freight Agent Villas are
IN an. unlawful comOinatl on, whereby Chns.
ton Of rude iii by The Eric Railroad Company.
The Erie Railroad Company. ia answer de-
MED the charge of unlAwiul conspiracy. but adj
mitted TINT Chas. Pratt 4 Co had the right 10
claim transpOrtatn Of oil priorto any one else.
The Eric Company justified this by urging that
Pratt Il Co. wero large and constant shippers
The company went SO TAR as u admit tiht al
though II had cars not in use, suitable for the
transportation Of oil, II refused 10 furnish them
or any transportation Tor SAID petroleum. al
legiug that the rcintor Ohlen, could have no
cars and no trans portaiion ~ long ~ the same
81 New York" Judge Van Brunt gave n very
decided opinion upon the legality Of any such
ways OF conducting the freghling business OF
the Erie Railroad H. said that tho Erie Rail
road Company a. riYes its franchise from tho
State, and that for tho extraordinary rights
given them 90 eminent domain, Of taking prl-
yHte property &C. the company ia bound " to
furnish sufficient accommodation Tor the trans
portatlon Of al such passengers and property
for trans pOrtatiOn." Now ii the railroad com
lanies 10 not fully meet their obligations,
10 DO SO hy writ of mandAmus.
There was one defect n Mr.. Ohlen's apulica-
ton for writ that LED Judge Van Brunt 10 deny
il. Ii asked that the Erie Company he required
to transport Immediately The statute says
within such reasonable time. MI. Ohlen ut
once instituted another suit. asking for man
dAnus and correcting this defect, and II wHa
upon THIS that the arguments were submitted
suits pending against the pcnnsylvanin Rail
ruHd Company tor n sum OF money equal tu the