The Washington herald., 1906-12-02
STANDARD OIL TRIAL
Preston & Davis Claim Trust
Influenced Railroad.
DELIVERIES ARE REFUSED
Witness Says Backawanna EmplOye
Advised Him that Trust Was After
CRreIessness in Unloading ship
ments Constituted Fire Menace.

New York. Dec. 1.-The Interstate COM
merce Commission concluded to-day its
inquiry into the charge made by Preston
& Davis. Independent oil dealers, in
Brooklyn. that the Delaware, Lacka-
wanna and Western Railroad had dis
eliminated against them in refusing to
deliver kerosene in bulk at the Wallabout
terminal of the road. 1t is the contention
of Preston & Davis that the delivery was
discontinued in response to pressure by
Standard OIL Company officials, whose
subsidiary concern, the Mehlen Family
oil Company, is one of Preston & Davis
chief competitors
General Counsel Jenny, of the Lacka-
wanna said that fear Of fire was the only
thing that influenced the railroad com
pany 10 discontinue the deliveries, and
he moved that all testimony and all let
ters purporting to show d conspiracy be
stricken out The motion was denied
Says Trust Kept After Road.
eve will make no decision at present:
you may call what witnesses you like, 8"
said Commissioner Knapp.
Former State Senator David F. Davis,
junior member OF the complainant firm.
testified at great length under cross-ex-
animation as to the methods of unload
ing cars. He denied that there had been
any spllling of oil to an extent that
would constitute a menace. Mr. Jenny
wanted to know Of the witness whether
he really believed that they cut out the
oil traffic because the Standard wants
them 70.
Il think" said Mr.. Davis. that the
Standard OIL Company first called your
attention to the danger of fire and kept
at you until you gave in to them"
"The Standard Is After You"
Mr.. Davis reiterated his statement that
General Freight Agent Flynn had told
him that the Standard had been com
planning to the railroad company about
the delivery of oil at the Brooklyn ter
minal and told about a conversation
which he had over the telephone with
somebody in the Lackawanna offices.
Mr. Davis could not say who it was
that talked for the railroad. The cOnver-
sation as he recalled It was something
like this:
This Is the Lackawanna. Is this Mr..
Davis?"
Yes"
We'll. the Standard is after you. They
are alleging TO our traffic department the
violation of an agreement between the
trunk lines against the delivering Of oil
in bulk az the New York terminal
AIr Davis said he asked how long that
/ agreement had been in force. and was
informed since 1896 or 1891.
/ Witnesses for the railroad company told
/ of a fire which occurred a year ago un-
der one OF Preston & Davis oil cars.
and what a menace 1t had been to the
yard Counsel for the firm produced a
letter, written by Davis, soon after the
I fire. in which the information was con-
tained that the fire had been started BY
small boys.
4 Davis testified that Brooklyn consumed
daily about 100000 gallons Of kerosene. OF
/ that amount his firm supplied between !
and IL per cent The Standard, he said,
/ supplied between s. and IS per cent. The
| case viii be argued in Washington.
Broker Fined for Relating.
Kansas City, Mo. Dec Henry S
Hartley. senior member OF the grain
/ brokerage firm of II. S Hartley * Co.
with Offices in the Gibraltar Building
pleaded guilty in the United States dis
/ trict court this afternoon to receiving re-
bates from the st. Louis and San Fran
/ cisco Railway.
Judge J. F. Garland. before whom the
/ plea was entered. assessed the minimum
; penalty OF the ofTense-a fine Of Sl.C00-
and granted the broker until Wednesday
: 10 pay the fine.
/ Minneapolis. Mimi, Dec L-Demurrers
/ have been filed in answer 10 all Of the
I indictments returned by the Federal grand
/ jury as a result Of its rebate investiga-
tions in Minneapolis. Six were filed to-
( day, completing the list of twelve cor
pOratiOns. railroads. and individuals
against which indictments were brought
on November g. All of the demuTreTs
hled state practically the same grounds,
which are in effect that the indictments
; and several counts thereof do not state
a public offense under the laws of the
! United States.