New-York tribune., 1908-12-13
OIL AFFIDAVIT FOUND
PAPERS IN SUIT OF 1880.
"No Trust" STANDARD S7core Then
Recent Testimony Disagrees.

The missing papers in the suit Of the Standard
OIL Company of Ohio against Scofeld, Schurmer
& Teagle of Cleveland, in 1880, have been found.
Frank B. Kellogg. the special deputy United
States Attorney General who is prosecuting the
suit here TO dissolve the Standard. wished 10
establish from them that John d. Rockefeller
and others made affidavit that the Ohio company
had no controlling interest, nor part ownership
whatever in any other refneries than those IN
Cleveland and Bayonne Mr Kellogg had evi-
dence of control which was strengthened when
the counsel for the Standard several weeks ago
put in the trust agreement Of 1879, and the gov
ernment counsel wanted to clnCh the matter
with Mr. Rockefellers testimony.
Repeated efforts had been made to find the
papers, which should have been in the archives
of the Cleveland court. where the suit was
brought. For fear that they might be taken and
not returned, the man in charge of the records
years ago had kept the Scofeld, Schurmer &
Teage affidavits, and other documents. locked
up But steel doors did not protect them They
were gone when most urgently wanted. The
Standard Oil Company could throw no light on
their disappearance. The government finally
turned the search6ver to Secret Service officers,
with the result that they nave BEEN traced to
the possession of person in the West, and will
be in Mr. Kellogg's hands soon after the case
reopens in January.
On July 90, 1876 the Standard Oil Company
of Ohio made contract with Scoheld Schur-
Teagle, limiting their refining of crude
oil to $4,000 barrels year, 42,50O barrels in
any half year, and their profits to $4,000 year.
All above the profit of $685. 900 to $40 900 to
go to the Standard and all above $4,000 was
to be divided between the two parties to the
contract The copartnership attempted to ex-
tend their business, and the suit resulted. When
Mr.. Rockefeller was on the stand before Thanks
giving Day he had told Of the acquisition Of
companies beginning long before the 1879 trust
agreement. In the cross examination Mr.. Ke-
ogg asked the president of the Standard to
identify two sections OF the affidavit IN the
Cleveland suit, as follows
Afiant says the Standard oil Company owns
and operates its refneries at Cleveland, Ohio.
and its refinery at Bayonne n. J.. that it has
other reflneries nor any interest in any other re-
neres does the Standard Oil Company
operate control in the United States any other
refineres of crude petroleum.
To this Mr.. Rockefeller answered that ne could
not state from memory what in that af1-
1avit. Mr.. kellogg then called attention to the
following:
Af1ant says that it Is not true that the plain
tiff got control of the reffneries of the firm of
Logan Brothers, eof Phifa dephfa; the Octave OIL
Company, Easterly & Davis and the Bennett
& Warner Company of TftusviIle, Penn: R. s
Waring and the Citizens OH Works, OF Pittsburg
either Of them.
IF that was in that affidavit and I testified to
it, it was because I understood that to he the
status" Mr. RockefelIer's answer
It is understood that John D Rockefeller. O. H
Payne and Henry NJ. FIagler made similar aff-
davits in the suit against ScofeId. Schurner &
Teagle. which was the especial reason Mr.. Kel-
logg was eager to get the originals.