New-York tribune., 1906-12-02
FIGHT ON OIL TRUST.
D., L. 8 ~. CASE CLOSED.
Hrguments on Fact and Lac TO Be
Heard IN WASHINGTON.

The hearing before the Interstate Commerce
Commission on the complaint Of Preston &
Davis independent oil distributors In BROOKLYN
against the Delaware. Lackawanna and west
ern Railroad, for refusing to continue the de-
livery of oil tank cars at the Wallaoout BASIN
freight yards in Brooklyn. ended yesterday,
and the argument the law and facts set down
for December Is in washington
Ex-state Senator Davis, a member OF the COM
planning firm, who again a witness at the
hearing. which was resumed from Friday in the
Federal Building, reiterated his belief that the
Standard OIL Company had Influenced the rail-
road in its action with the view Of running his
firm. The railroad officials denied that any out
side influence had been brought to bear on their
decision TO discontinue the traffic, and said that
they had done so because of the danger from fire
caused by the dripping Of oil when it was un-
loaded from the tank cars.
Mr.. Davis testified on Friday that up to Oc-
tober is last. when the railroad had its traffic
discontinued, his firm had been receiving a tank
car OF 5000 gallons once a week. which was
shipped from the Titusville Oil Works, in Penn
sylvania. over the Iackawanna TO the NaAapout
terminal Yesterday. on being cross-exainlned
by W. S. Jenny. general counsel for the railroad.
he said that since that date his firm had been
buying oil from special agent of the Standard
OIL Company. Mr.. Jenny asked him point blank
IL
Influenced by the Standard OIL Company. Mr..
Davis said that he had been told by one of the
employees Of the road in a, conversation over the
telephone in 1903 that the Standard Oil Com
pany was trying TO injure his firm. He could not
remember with whom he had talked but quoted
the conversation as follows:
1 was called UP, and whoever It was said to
me: i want TO tell you that the Standard oil
Is aIler you They are urging on traffic
ant Of.
agreement prohibiting the delivery of bulk oil
~ tank cars in New York City" 1 asked when
mis- a aEreement was made, and was told that #
Tersation I had.
commissioner Prouty asked Mr. Davis how
the STANDARD OIL Company got It's oil in Brook
lyn' and was told that It was obtained from
Eayonne, n. J., through pipe line. and that no
otner company had facilities for getting its oil
IN Brooklyn through pipes
Nlr. Davis went on to say that the Wallabout
terminal yards had recently been allowed to be-
come Uttered with papers, sticks and other
waste going to show that the railroad companv
mad made no effort to prevent the accumulation
OF infiammable material there Mr. Davis said
that his firm had made every reasonable effort
TO prevent the leakage of oil, even suggesting II
me railroad officials the installation of metal
drip pans under the cars and oil wagons but
that nothing had been done about It,
Mr. Jenny, In opening for the defence, asked
the commission IL he would be expected TO put
in an answer to the charge that a conspracv
existed between the Standard OIL Company and
the railroad to drive the complainants from
business. Chairman Knapp said that no allega-
uon Of such a conspiracy had been made In the
complaint and that the commission would not
make any ruling on the point then, asking him
to proceed with his case
Mr.. Jenny then called as his first witness Will
II. IL nf rha fr,a 20 TrNk,
Morgan, which deals in hay, grain and straw
and adjoins the Wallabout yards. Mr.. Jor-
dans testimony dealt with fire in the terminal
IN September, 1905, which started near the oil
tank cars. General Manager Ketchaln of the
i-aekaWanna Railroad. testified that he had not
hsu ms nrst interview with Mr.. Davis until
after the Hoboken fire, and that he had advised
the discontinuance of the delivery of oil cars
M the Walabout terminal after he had seen
The spilled oil and observed the method Of un-
ioading into the oil wagons. Commissioner Prouty
asked him how Preston & Davis could get
at the Wal bout terminal Mr. Ketcham said
that they al been offered facilities at the
After the noon recess Mr.. Ketchan was cross
examined by Mr. Powell. OF counsel for the CON-
plalnants, IN regard to the proposed delivery of
Oh tank cars al Palmers Dock. Mr.. Ketcham
said that Palmer's Dock was two miles distant
from the WallaboUt yards and managed bv Fl
o. Havemeyer, Jr- All he knew about the ar
Tangernent, he said, was cleaned from letter
written by Nice-President Caldwell of the
Iackawanna Railroad 10 Preston e. Davis and
dated November Il, which stated in sIbctanc
mat Mr.. Havemeyer had agreed to give the de-
livery or Oil tank cars at Palmer's Dock trial
ana that the railroad prepared to deliver
cars through this medium
r ). tlynn, general freight agent for the rail-
ROAD, repeated part Of his testimony of Friday
Nlce-President Caldwell said that a.. head or
the railroads traffic department he was en-
urely responsible for the Giscontinuance Of the
Oh delivery at the Brooklyn terminal and that
ne had not been in the slightest degree infu-
enced In taking this action by the Standard Oil
company or anybody connected with It. He
said that he was not familiar with the trunk
line regulation which prevented tank oil deliv-
cries in New York; that rs ne of the other trunk
lines had objected to the Lackawanna shipping
the oil from Tftusville, and that he had not
known until the present hearing that the rail-
road was violating any such regulation He said
that Mr.. Havemeyer had expressed his willing
ness 10 give oil delivery at the Eastern District
terminal q trial, but would not make any agree
Tnent 10 its continuance
Ex-senator Davis, recalled to the stand said
that his firm had received two tank cars ar
Palmer's Dock since the Walabout terminal ba 4
been unavailable, but that even if it were az
forded facilities there 1t would be caused great
Inconvenience and pecuniary loss. He went on
to say, in reply 70 question from Commissioner
Clements, that Brooklyn used about 100000 gal
Ions Of oil day that the Standard Oil Company
furnished from % to SO per cent of this and
independent dealers the rest.
TO RESTORE SLOCuM MONUMENT