The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-12-02
DAVIS BLAMES STANDARD OIL.
STICKS TO HIS CHARGE Of A PLOT
re- BUN HIN.
Taking OF Testimony ON the Charges Against
the .ackawanna -COunse for the
Railroad says n considerations
OF safety Alone stopped the Business.

charge made by Preston 4 Davis. indepen-
dent oil dealers in Brooklyn, that the Della
ware. Lackawanna and Western Railroad
had Disseminated against them in refusing
10 deliver oil in bulk at the Wallabout termi-
nal OF the road. II is the contention OF
Preston 4 Davis that delivery was discon-
tinued in response to pressure by Standard
Oil Company officials, whose subsidiary
concern, the Mehlen Family Oil Company,
is one of the chief competitors of the CON-
planning firm.
W. s.. Jenny. general counsel for the
L~ackawanna. said at the opening Of yes
terday's hearing that it did not seem neces-
sary to him to call as witnesses officers OF
the railroad TO testify in regard to this
charge of conspiracy. Tn case did not
rest, he declared, upon any allegation OF
conspiracy. but upon the question OF LANCER
from fire through the way in which Preston
4 Davis had unloaded their oil cars. This
fear of fire was the only thing that infu-
enced the railroad company to discontinue
the deliveries. and he moved that all testi-
mony and allegations purporting to show
d conspiracy he stricken out. The motion
was denied.
Ex-State Senator David F. Davis, junior
member of the complainant Arm, testified
nv CA1Nh hAAANA ~
the methods of unloading cars. He de
MED that there had been any splitting OF oil
TO an extent that would const tute a men,
ace. Mr.. Jenny wanted to know Of the
witness whether he really believed that the
railroad officials had cut out the oil traffic
because the Standard wanted them to.
Il think " said Mr.. Davis, that the Stand
ard Oil Company first called your attention
90 the danger of fire and kept at you until
you gave in 10 them"
Mr.. Davis reiterated his statement of
Friday, that General Freight Agent Flynn
had told him thai the tandard had been
complaining 70 the railroad company about
the delivery of oil at the Brooklyn terminal,
and told about a conversation which he had
over the telephone with somebody in the
Lackawa anna offices. Mr.. Davis couldn't
say who it was that talked for the railroad.
The conversation, 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 % an agreement betw cen the
trunk lines against the delivering of oil in
bulk at the New York terminals
MT. Jaws Sdlu l6 dShcu uOW NOuR tudL
agreement had been in force and was in
formed since 1890 or '0l.
Mr.. Jenny objected TO this going in
because it was anonymous. Given for the
benefit of the press. 1 ~suppose?' he re-
marked.
~No.' interrupted Commissioner Knapp
rather sharply. 1T int rests the commits
Eon."
Supt. Ketcham Of the Morris and Essex
division Of the ~Lackawanna testified that
he had personally observed the leakage
fro IA tIF Prsstol & Davis cars and had
complained to the agent at the Brooklyn
terminal. Supt. ketcham took the matter
up on several o~ccasionswith General Freight
MANAGE Flynn. but he denied that Flynn
eVur told him that complaints had been
made by a representative Of the Standard
Oil Company.
other place along the road where the COM
pany allowed the unloading OF oil tanks
into wagons. He said he couldn't IMAGINE
where Mr.. Davis had been when he saw.
as he testified on Friday. an inch of oil on
the tracks under a Standard Oil car that
was being emptied into a tank in the Hobo
ken yards. Mr.. Ketcham knew of no such
tank in the yards. nor did he recall any
4 platform which was covered with leaky Oil
y barrels.
Under cross examination il was brought
ont that Mr.. ketch1m, believing that the
conditions in the Brooklyn yard constituted
a great menace. had let things go about a !
year before starting after them good and
hard" He was spurred on to ace against
Preston 4 Davis because of the company's
fires in HoboEen in 1904. He denied that
he had ever heard from any source that
the Standard Oil Company objected to the
delivery Of cars consigned to Preston ~
Davis. He had understood that the road
had arranged to have oil delivered for the
firm at Palmer dock.
Counss | for Pr ston Il Davis wanted to
know whether this dock vast controled
by Henry o. HavemeyNr, Jr., whose family
is connected with the SuCar Trust. Mr..
Ketcham didn't kl ow. Counsel for the
complainant firm broue ht OFT that this dock
was two miles further from the Preston a
Davis T lart than the L~aCkawanna criminal,
and that the ado itional cost of hauline the
oil would be ruinous 70 his clients. Further
more, Preston & Davis had not been able
20 get any guarantee that this arrangement
would be permanent. They had had two
cars come in at that yard since the Lacka-
wanna refused delivery last October.
~Vice-President Caldwell said that dis
der artmeT { was res orsible for the order
to discontinue the traffic to Preston a Davis.
He had been fully informed on the situation
ard acted only because of the danger IN
volved in the unloading Of oil. He had
heard nothing about a Standard Oh rep
resentat.ve having objected until after Mr..
Davis himself charged that outside in
ffuences were actIating the company.
nv ~ ~
General Manager Flynn and Mr.. Flynn told
him that a rerreser tative Of the Standard
Oil Company had brourht up the question
OF delivering oil TO the WallaboI { terminal,
but Vice-President Caldwell told the general
manager that in matters of that kind be
was not 20 be Influenced in the slightest
degree by tho standard Oil Company or
any other outside comrany.
Vice-Pre sident Caldwell characterized
Henry A. Powell's efforts N. c~ross-question
him as an attempt to bulldoze him, and
the lawyer for Preston h Davis suggested
that there were other gentlemen in the
room besides Mr.. Caldwell. Mr.. Caldwell
was inclined tn dwell on this questi IN,
but Commissi1ner Knapp INTERRUPTED with
the announcement that they we're not
trying issues Of politeness." Mr.. Caldwell
said he eVnected that Davis would discon-
tinue tra"1c over the L~ackawanna' Of his
own accord after he had been spoken to
once OF twice.
you thought he'd take tha hint and go
to ruin of his own will, said Davis's lawyer:
but the Lackawanna vice-president OBJ