The Black Hills union and western stock review. [volume] (Rapid City, S.D.) 1904-19??, 1904-05-13
YOUNG STATE DEFlEs
ROCKEFELLER TRUST
South Dakota Makes Standard
OH Furnish llluminant fAc-
cording to Law.
WANTS TO SELL CHEAPER
Though the Standard Raised the Price
Two Cents Per Gallon it Purposely
Tries to Escape the
Test.
ts.oux city Tribune,

fsioux City Tribune)
A second time has the Standard OIL
company been defeated in Its attempt
to force South Dakota to give up 9.
test adopted by the state to secure
good grade Of kerosene. This time
Judge Garland Of the federal court at
Sioux Falls has refused to do the will
Of the big monopoly.
Shortly after the law went into eff
feet last July 1, the Standard OH COM
pany announced it would be tested.
claiming 1t would not endure the light
Of judicial inquiry. The history Of
the conduct Of the Standard OIL COM
pany in reference to the law is enter
tanning.
A few days before the law became
effective, 1t was announced by ]. A.
Gheen, the Standard OIL representa-
tive at Sioux City, and by other rep
resentatives, that the price Of kerosene
would be advanced about two cents a
gallon throughout South Dakota. The
new law provided that all kerosene sold
in the state must muster q As Baume
hydrometer and a 4 degree gravity
test. The bill was secured largely
through the efforts Of Professor Akeley,
of Vermillion s. D., and because Of
general complaints that the Standard
OIL company was foisting a poor grade
OF illuminant upon the state
Already Met the Test.
When the advance In the price of
oil was announced by Mr.. Gheen, he
was asked the reason for 1t.
Have you been selling in South Da-S>
kota any grade Of oil that will meet the
As Baume test?" he was asked.
Yes. we have been giving the people
Ia yy1r
| better"
"will the price of that grade be ad-
vanced?"
| Yes, for the reson that heretofore
| this grade has been sold In barrels al
most altogether. Now we must put 1t
| in the tank wagons, which is more cN-
| pensive."
The advance of cents gallon was
| duly made, but, though the Standard
| was receiving more money for Its prod
| uct. anxiety was manifested to be rid
| Of the law An altruistic spirit was sud
| denly manifested by the big corpora
| ton, and the people of the state We're
told how much better it would be for
| them, and how much cheaper, II the
| law were wiped off the books.
Started Test Case.
| To assist the state in getting rid Of
| the obnoxious statute the Standard was
| good enough to pay the expenses of @
| test case at Pierre, s. D. For some rea-
! son, not of record, this case was dis
| missed before 1t reached decision.
A few weeks ago the Standard OIL
| company deliberately shipped into
South Dakota $40 barrels Of oil that
would not pass the state test. Emil
| Brauch state inspector, found that five
| of these barrels tested 441A Baume by
drometer and 51a degree gravity, where
| as the law required 46 Baume hydro
meter and 4 degree gravity.
| When Branch rejected the Oil the
| Standard Oil company, still claiming to
act in the interest of the people Of
| South Dakota, secured temporary re-
strainjng order from Judge Garland to
| prevent the inspectors from rejecting
the oil.
Last week the question of whether
| this restraining order should stand UNI
| til final adjudication Of the right of the
| state to impose the test came UP for.
hearing. The Standard Oil attorneys
claimed that all these $40 barrels of oil
would go to waste or be handled at a
toss if the court did not force the in
spectors to keep their. hands off.
Set Up Different Reason.
Further. in the discussion Of the work
| ings of the law, the attorneys for the
Standard presented different reason for
| the 2-cent advance than that given by
Manager Gheen last July. Whereas Mr..
| Gheen said the Standard had been selling
| oil in the state that would pass the test,
| and the advance was necessary because
the oil would be sold from wagons In
| stead of from barrels, the attorneys at
| Sioux Falls set up the claim that 1t was
| more expensive to furnish a grade Of oil
| that would pass this test. No explanation
| was made during the trial of the advance
| in the grade Of oil the Standard has been
| selling In South Dakota right along.
| 1t was claimed OIL that would pass the
| prescribed test could be made only from
| crude oil of the Pennsylvania and West
| Virginia fields. 1t was argued that the
test resulted in no better OIL however.
The court was told that IL the company
| were allowed TO use its own tests an
;. equally satisfactory oil, such as that In
tho $40 barrels, could be supplied at q
| cents less per gallon
Found Against Company.
Judge Garland dissolved the restraining
order, finding against the Standard He
| declared that 1t was asking too much of
the court to practically suspend the work.
| !ngs of the state Of South Dakota while
| the Standard Oil company was testing the
| right Of the state to impose this test. AS
! for the $40 barrels of oil that might result
] IN loss to the company the court said
| that these conditions were brought about
| by the company for the purpose of maxi
| ing case in court.
The case will now proceed to a hearing
upon It's merits. Upon the question of Is
suing permanent Injunction, the court
| will decide whether South Dakota ex-
| ceeded her authority In requiring that oil
| pass this test.
In the meanwhile, the Standard Oil,
company is receiving higher prices from,
| South Dakota. AS the annual sales of
kerosense in the state amount to about
| two and half million gallons 1t appears
| that the Standard Oil company has taken
! from South Dakota since last July about
| $4,000 in advances In oil prices.
!
Rev. John Askin to Pierre, s. D.
| Council Bluffs, Ia, May FREY. John
Askin. who recently resigned the pastor
ate Of the Congregational church at Ia
Dor. has accepted call to Pierre, s. D..
where he will preach to congregation
that includes Governor Herreid and a
number Of other prominent South Da-
| kota officials.
Fire at Burchard.
| Burchard. Neb., May 4-Fire OF UNI
known origin broke out in the general
merchandise store Of w. H. jackson and
was soon extinguished by the bucket
brigade. No one was in the room when
the fire was discovered, the owner being
| on the sidewalk in front of the building.
Loss. $500; covered by insurance.
No Perfect Health.