New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-08-11
D. L. & W. LOSES CASE.


OIL Company made study TO keep its bulk oil
the point of the cost of the barrelled GIL ana
it will therefore be seen that there was no ad-
vantage be gained in purchasing the barrelied
OIL They made their bulk price at the same
figure that person could get barrelled OIL freight
added Moreover, 1t was. of course, necessary Ior
US to dispose of our empty barrels. ana Whlie the
price OF these had been 81 50 previous TO our pur-
chasing barrelled oil. the price of empty par
rels gradually lowered go that as a matter
of fact the of the bareiled oil was greater
than the cost of the bulk oil which had been de-
lIve:ed to by the Standard Oil Company.
The advent however, of independent oil 10 Us
of bulk oil for time thereafter was mace 'es-
sOnable. and the old policy of fair treatment 10
good customer was for a time reinstated. About
then concern, operating in Brooklyn in the
same line of trade as ourselves and principal
conipetitor-the Mehlen Family Oil Company-sud-
denly took signs of extreme activity. and there
arose Gin the suspicion that II subsidiary
company of the Standard oil Company In fact
| directly accused the Standard, which yene-
uenty denied It.
Competition became very warm, but in spite Of
Its existence we continued to grow until in 1898.
"Iieh 'Ie STANDARD oli company increased tne
price to us to the extraordinary figure OF 12 cents
! a gallon. wholesale. II had gradually worked up
| from IL cents gallon. At the same time ii was
noted by me that the Mehlen Family oil Company
did not materially selling price. and
became more convinced than that were
between the upper and neither milestone.
During this time ! had taken some part In poll
| ties, and events shaped themselves that / was
elected to the Legislature. And 1 may right
| here that OF the greatest incentives to
! ceptng public office was TO learn the manner in
which the Standard Oil Company and its interests
| operated In the political field. learned what
desired but this. for the present. remain
! scaled book. It IS sufficient for me to say that
| know.
During the time that I was in the Legislature
| treated with reasonable amount OF consid-
Grafton in my business dealings with the Standard
OIL Company, though / wish IL distinctly under
stood that at al times II understood from my own
! lips that did not sympathize with its methods
and ready to doing business with IL at
any moment the opportunity offered to get my
supplies elsewhere. After coming out OF the Leg
islature in 1900 I again applied myself 10 the de-
veopment OF business. with the result that II
grew faster than ever and. think. placed US in
the position OF being the largest dealers In our
particular lire of trade In the United States out
side the Standard Oil Company.
AT about this time discovered for certainty
that the Mehlen Family oil Company was alb
solutely part and parcel Of the Standard Oil Com
panv. and resolved again to AXE efforts to cease
doing business with concern that would sell me
goods and then, by the of subsidiary com
pany, do all II could 10 make IL impossible for me
to dispose OF the goods. In 1902. the year Of the
coal strike | had pursued this matter far to
make arrangements with independent refneries 10
ship oil in tank cars. in spite of the condition
which had long kept this style Of shipment out
Of New York City. II was extremely fortunate for
me that 7 did so. because the Standard Oil Com
pany. taking advantage Of the lack of coal and
the necessary use Of oil as heating agent began
IN carly September 10 advance prices AZ the rate
Of one half a cent or more gallon every week or
ten days.
In spite OF my protest at the advance the Stand
ard OIL Company claimed IL to be warranted by
the existing conditions and practically told
that there was the price and that could take the
oil or leave II. ] had made arrangements with the
Delaware, Lackawanna & Western Railroad TO
transport my oil 10 the Brooklyn terminal, and on
December q. 1902 my first tank car arrived. This.
by the way. the first Of bulk oil that had
entered New York City I'm more than decade
THE Delaware. Lackawanna & Western Railroad
wanted the business. sought IL, and gave assur-
ances that we would receive every consideration
and every facility that given to other
nf, ham "a nj
month OF the time of the arrival Of the first ship
ment. word TO that the traffic department
Of the Standard OIL Company had approached the
traffic department OF the Delaware, I.ackawanna e.
Western Railroad alleging that the railroad
violating a trunk line agreement in that it was
transporting oil in bulk 10 US in Brooklyn.
Il Immediately took steps TO safeguard my In
terests by communicating the facts TO the Inter-
state Commerce Commission. and in that letter OF
January 81 1909. frankly stated to the commission
that if the Standard oil Company persisted In
operating to interfere with my legitimate business
interests IL would eventually become necessary for
me to appeal 10 the commission for my own protec
ton. Moreover, / the traffic depa rtment
OF Delaware. L.ackawanna & Western Railroad
and intmated TO II that was aware or standard
interference, but / received assurances from the
should treated fairly and that influence would
permitted to work injury.
II continued to receive oil from this time on for
nearly four years but in the latter half Of that
period there began to be evidences that influences
at work TO deprive me of transportation. The
matter eliminated i'm the service of a notice upon
after October 10. transportation of oil In tank
to would he suspended. There nothing
left for me to do but to appeal to the Interstate
Commerce Commission for justice. and this / did,
the hearing taking place in November
in April last decision was rendeyed in our ia
vor. the Delaware. Lackawanna e. Western Rail-
road being ordered by the commission to restore
service 10 Ordinarily the orders of the Inter
state Commerce Commission obeyed. but in
this instance appeal from their decision was
taken I'm the shape of application TO the United
States Circuit Court for "a writ of Injunction to
restrain the Interstate Commerce Commission and
ourselves from enforcing the terms of the order.
This appeal Is the matter which has been be-
fore Judge Lacombe and he has very Justly denied
the application. This. of course, makes It obi
eatory for the railroad to restore the service.
I'm pursuing this matter as 1 have. have been
actunted not entirely by selfish motives but by
what consider to be the heritage of every young
in America. namely. the right embark n
business and to it to successful conclusion
If possible without the interference any cor
poration, except along the lines of legitimate COM
petition. IL cannot do this. a sad day has dawned
upon our future citizenship. and may we'll ask |
what is asked every day. What are coming |
generations to do for LIVELIHOOD
LAS matters stand now. this Will presume |
have TO be tried again I'm the United States courts
with likelihood that IL will be eventually car
nately for me. II must be an action against the |
Interstate Commerce Commission. else | could |
hope for a conclusion of il. for the ntiga-
ton would be altogether too expensive for |
conduct. AS ii is have pursued the matter prop
erly and fairly to the point of getting order fin
my favor from the Interstate Commerce Commits !
sion which order has been sustained by Judge La !
combc. and ii is a matter for tine Interstate |
Commerce Commission to protect itself and myself .
in its decision before the upper courts.
This, feel. the commission will be able 10 do. |
and confidently look forward to continuance OF
decisions favorable 10 ourselves. as has been the !
in these first steps. There is question /!
my mind but that had the common carrier-the !
raroad-been left alone by the Standard OIL Com
tran har haa