New-York tribune., 1907-10-08
FEARED STANDARD OIL.
COMPETITION HOPELESS.
Witness for RiUaI Tells of Losing
Fight for Contracts.

Yesterdays sessions in the suit of the govern
naent dissolve the OIL Trust were enlivened by
the exchange Of many pointed remarks and OBJ
servations between Moritz Rosenthal, counsel for
the Standard OH Company. and Philip Harrison
the sales manager for the New York Lubricating
OIL Company Mr.. Harrison on the stand all
day His respect for the Standard OIL Company
and for its influence on transportation companies
loomed large but his love for the big rival on
which he blarnes the discrimination Of the Ameri-
can railroads and the South African steamship
companies against his company, hardly as
marked. There was clash between the Standard
on counsel and the government representative in
which the latter signaly scored.
Frank 3. Kellogg. Of counsel for the govern
rnent had the witness the stand at the morn
ing session, and continued his examination to
arnplify the record for the United States Cir
cut Court the proof of the monopoly which the
Standard on Company exercises in the lubricat-
ing OIL business Mr.. Harrison's testimony amount
ed 10 this. that his company had given up bidding
for the business OF supplying lubricating oils to
the railroads in this country, because II had come
70 the conclusion that there would be nothing
doing" and therefore II would only represent so
much time wasted.
The New York Lubricating OIL Company made
contract with the Louisville & Nashville Railroad
in 1903 TO supply the road with Iubricatng oil
two years. After that contract ran out the oil
company was politely Informed that its products
were satisfactory and that the contract had been
well carried out but that further bids from the
went 10 the Galena Signal OIL Company one Of the
two Standard subsidiaries which control the busi-
ness OF supplying the railroads with lubricatng
oils and Sreases This in face of the fact that
the New York Lubricatng Oil Company could and
did offer lower rates for supplying the oils
A similar experience had with the Georgia
Central Railroad. and Mr. Harrison did
ceive much encouragement 10 the chance OF his
cornpany's bids being accepted by the New York
Central & Hudson River Railroad when he ap-
Dexter cha sIu Or
that road. Likewise in 1904 the New York COM
pany made bid for the Atlantic Coast Line Com
pany contract. but turned down and the
tract given TO the Galena company at higher
rates than those quoted by the New York Lubrf-
eating OIL Company.
Il Mr. Rosenthals chance to cross-exau1ine
Mr.. Harrison at the afternoon session. and he
proceeded in endeavor TO find out about the in
ternal affairs of the company. He did find out that
Mr.. Harrison was stockhoder; that the company
was capitalized at $4,000. and that its aggregate
business q year about s2o0Opo Also. that its
shares 500 par, were worth about $500. Mr.
Harrison. however. showed insistent reluctance 10
go into details OF the business management Of
the company, and declared he did advice
OF counsel Here Garrard Glenn. Of McIntrc,
Shattuck & Glenn, Of No. 30 Broadway. counsel
for the New York Lubricating OIL Company, tried
20 interpose ard explain but Mr.. Rosenthal would
have none. of II. and appealed to Special Examiner
Ferriss for ruling that the witness was not
titled to be represented by counsel. The ruling
against Mr.. Glenn who studously ignored
By the Standard Oil Company lawyer during the
remainder Of the session.
Nevertheless, Mr.. Harrison refused to answer
questions 'on the advice of counsel In his own
words. his reason for refusing to answer was be-
cause he unwilling put in the hands OF the
Standard OIL Company any information which
would enable II 10 hound the New York IubrtcatinR
OIL Company in business further than it had al
ready done. He said his company did not care
what the newspapers or general public knew but
he
the Standard OIL Company should know as little
about its affairs as possible
MI Rosenthais queries were directed 10 an eff
fort TO show that the New York Lubricating OIL
Company had been beaten out IN It's own field by
q more up-to-date and able competitor and that
the question Of monopoly did not enter into the
case at all He got the witness 10 admit that
though he had gone last month TO WASHINGTON to
confer with Herbert Knox Smith commissioner ~
corporations, regarding the plight In which his
company found itself as result Of the Standard
Oh Company's aggressions, he knew OF no remedy,
"hich the bureau Of corporations the Inter
Etate Commerce Commission could give as neither
had authority 70 fix ocean freight rates
Didn't your counsel advise you 10 that effect p,
hsked Mr. Rosenthal sa-casucany.
He told ne that while there's life there's hone
was the answer Of Mr. Harrison.
Mr.. Kellogg then tried 70 enter an objection N
The propriety Of the course which the Standard OIL
lawyer was pursuing IN attempting 10 get the
witness TO diyuge conversations between counsel
and client. but Mr.. RosenthaI said he wouldn't
hear Of it and wouldn't. sit down
Yes, you willr' said Mr. Kellogg with deter
1nination. and sit down was what Mr. RosenthaI
CID. While l am entering this objection" said
the governments attorney, Il may as we'll remark
70 counsel for the defendants that whatever he
may think (as 10 the governments linlita-
tons over ocean carriers he will find out If he
keeps on that there is such law"
Mr.. Harrison excused until Wednesday
meanwhile. the Standard Oil lawyers will furnish
him with list of transcripts from records Of his
company that they want to examine and interro-
gate him about To-day F. T. Cuthbert. president
q the Manhattan OIL Company which was or
kanized by E. c. Benedict and Anthony N Brady
and sold by them TO a foreign company will go
On the stand. will also F. r. Curtin general
manager Of the company. Mr.. Cuthbert is a son
ol tne late' John II. Cuthbert who represented
standard Oil when the latter made a contract with
Deheact and Brady's gas company In Chicago
Shorty after the sale of the Manhattan The
ntate OF Ohio is interested in the transfer of the
@lanhattan TO the Standard Oil. and the testimony
winch will enable Attorney General Wade Ellis of
mat state 10 pursue his Investigations of the sub
3ect in court
me earnings Of the Standards pipe line com
pdi3ies and the mysterious loans" accounts re-
eei'aole and contingent funds of these COM
p1aies may furnish base of questioning for Mr.
-aoTrison at the afternoon session. Possibly too
me governments attorneys may get warmer to
me present ownership of that "crosstown pipe
line"