Omaha daily bee., 1906-06-15
OIL HEARING IN OHIO
Special Session to Allow Standard Company
to Offer Rebuttal Evidence.
OCTOPUS REFUSES TO SUBMIT TESTIMONY
Attorneys say Case IL Fully
Covered in statements on File
Independents Call One
witness.

CLEVELAND, o.. June H.-The supple
mental hearing here today before the In
terstate Commerce commission at the in
stance of the attorneys Of the Standard
oil company to permit that side to intro
duce rebuttal testimony following the re-
cent hearing here was exceedingly brief
But one witness was heard, Marcus c.
Tully. auditor of freight receipts of the
Lake Shore railroad Attorneys for the
Standard Oil company announced that that
side had no witnesses to Introduce and the
hearing adjourned
The action Of the Standard Oil repre-
sentatives in thus abruptly ending the
hearing came a surprise to the govern
ment.
j. T. Marchand chief counsel for the
commission was assisted by Julge S. :.
Hard of Pittsburg.
In opening the session Judge Proutv
said he had received a letter from Virgil
p. Kline, chief counsel for the Standard
Oil company of Ohio, on June Z, in which
ii was stated that the Standard Oil COM
pauy did not desire at this time to offer
any testimony
Mr.. Kline, who was present, corrobor-
ated this statement and said that this
| course was decided upon because he be-
lIeved that a full reply to all the charges
against the Standard was on file in the
office of the commissioner of corporations.
! Judge Prouty then asked If anybody
/ else desired to be heard and the only re-
/ sponse was from Chief Counsel Marchand
who said he had the testimony of one wit
| ness to offer, that of NJ. c. Tully, an audi
tor in the freight department OF the Lake
/ Shore & Michigan Southern Railway COM
| pany.
witness Sent for Records.
! Mr. Tully's testimony was concerning
| storage charges made against the stand
ard Oil company at Chicago and it was
| sought to draw from the witness state
ments concerning the methods used by
the railroads in keeping such accounts, 1t
! being the contention of Mr.. Marchand that
! the railroad had allowed the storage
| charges against the Standard Oil company
| to so unpaid and that the auditors de-
partment in Cleveland had afforded the
local agent at Chicago relief in this re-
spect.
Mr.. Marchand endeavored to show that
this was a roundabout way of giving the
Standard Oil company a rebate. Close
questioning on the part of counsel how
ever failed to obtain definite information
re garding the allegations. Mr.. Tul1y main
! tanned that he did not possess the infer
| mission Commissioner PIouty took the
witness in hand and after a sharp exam
ination ordered him to proceed to mis-
office and obtain the accounts of the
Chicago Office for the last two years con-
tanning the record OF freight charges. The
| commission took a recess until Mr. Tully 8
return.
Charges settled by Voucher.
The first session was resumed when Mr.
Tully returned with the accounts in
question.
Commissioner Prouty selected several al
random and proceeded to ask about them
The reports examined showed storage
charges averaging $500 a month against
the Standard Oil company. without oh.
tanning any information as to whether the
charges were paid or not, Judge PIout,
by skillful work succeeded in drawing from
Mr.. Tully the admission that the agent
at Chicago was not required to send in
the cash for the storage charges agains
the Standard Oil company, but that the
account was balanced by a voucher sem
! to the Cleveland office. This, Tully said
was done upon orders from G. ]. Grammer
traff1c manager of the road.
The practice, he said, had been followed
since 1903, but had ceased on January OF
this year.
There was no cross-examination and
there being no other witnesses, adjourn
ment was taken without day.
Chief Counsel Marchand declared at til,
close OF the session that the failure o.
Mr.. Kline to offer any testimony or pu
in defense of any kind was complet,
victory for the independent oil men.