CHAPTER XXXI

ALL THE WORLD UNDER ONE HAT

"This business belongs to us." This was the reply the president of the

oil combination made to a neighbor who was begging to be allowed to

continue the refinery which he had successfully established before his

tardier but more fortunate competitors had left their produce stores,

lumber-yards, and book-keepers' stools. He could remember, the neighbor

told the New York Legislature, before there was any such company as

theirs, and when the president of the poor man's light was still in the

commission business opposite him and his refinery. He described how

the president left this commission business, and "commenced to build

a refinery there of a small capacity.... He used to say to me, 'What

is a good time to sell?' and 'What is a good time to hold?' as he said

he thought I knew." The day came when the neighbor who had been first

found that the last was to be first. He was making $21,000 to $22,000

a year, but he had "to sell or squeeze." He had several conversations

with the new-comer who had been so successful in learning when it was

"a good time to hold." To save his livelihood, "I did almost condescend

to tease him," he testifies. But the only reply he could get was: We

have freighting facilities no one else can get.[625] This business

belongs to us. Any concern that starts in this business we have

sufficient money to lay aside a fund to wipe it out. "They went on just

as if it did belong to them, and there were others started before he

did in it which I thought it belonged to quite as much as it did to

him.... I am wiped out and made a poor man.... I think they are making

a profit out of my ruin."

His refinery had been giving him a profit of $21,000 to $22,000 a

year. It had cost him $41,000, but he had to sell it for $15,000. This

purchase of $41,000 for $15,000 was one of "the little economies" to

which the trust ascribes its success. It was not a "good time to sell,"

but he sold. Part of the "squeeze" put upon him was the rebate given to

the buyer. He could not have got the rebate if he had applied for it,

but he would not apply for it. "I made application for lower freights,

but not for any drawbacks; I did not suppose that was the right way to

do business."[626]

"This business belongs to us." This remark was not prophecy, but

history. It was in 1878, and the claim had been already made good.

The New York Legislature, in 1879, reported that the speaker and his

associates had control of 90 or 95 per cent. of the industry. "It has

absorbed and monopolized this great traffic, which ranks second on the

list of exports of our country."[627] This conclusion was based on the

evidence of officers and stockholders.[628] Their shadow grew no less.

The Interstate Commerce Commission found in 1890 that they "manufacture

nearly 90 per cent. of the petroleum and its products in the United

States."[629]

"Trifles make perfection, and perfection is no trifle." For the

perfection of this triumph no trifle has been disdained, from the well

in the mountain to the peddler's cart in the city. The bargemen of the

Alleghany, the coasters of the sea-shore, and the stern-wheelers of

the Western rivers all had to go one way. "We drove out the shipments

in the schooners from Baltimore and Washington, and we stopped almost

the shipments by river down the Mississippi by boat," said one of the

successful men. His plan had been so thorough as even to seek to

"drive off the river schooners."[630]

The last stage in their economic development--that in which the people

of the oil region lose the ownership of the oil lands and become hired

men--is already far along. Although at first the oil combination

owned no oil lands to speak of--"It does not own any oil wells or

land producing oil, and never did," its president said, in 1880; "an

infinitesimal amount," he said later[631]--it has of late years,

through corporations organized for that purpose, been a heavy buyer and

leaser of the best oil lands in Pennsylvania, New York, Ohio, Kentucky,

and the West.

Monopoly anywhere must be monopoly everywhere. At the beginning it was

enough to control the railways; by these the pipe lines, refineries,

and markets were got. These were secured, only to find that it was

vital to control the source of supply. The producers once gave an

illustration of what it would be for the sole buyer to come to the

market and find that the oil he must have was not on sale at his

price.[632] "We have during the past year," one of the combination

said, in 1891, before a committee of the Pennsylvania Legislature,

"invested a very large amount of money, and have induced our friends to

come forward with new capital to engage in the business of producing

oil."[633] By the policy of becoming producers the combination has

changed its position from that of mere intermediary--though one as

irresistible as a toll-gate keeper--to that of absolute owner. The

spectre it has seen rise before it, of the producers organized as one

seller to meet it as the only buyer, has been laid to rest.

"We are pushing into every part of the world, and have been doing

so," the president told the New York Legislature in 1888.[634] Their

tank-steamers go to all the ports of Europe and Asia, and their

tank-wagons are as familiarly seen in the cities of Great Britain and

the Continent as of America. An agitation of extensive proportions was

begun in 1893 in the press of Canada and in the Dominion Parliament

to admit American oil at a lower duty. There was no popular demand

for such a step. No general reduction of the tariff was proposed. The

movement was simultaneous in the press of different parts of Canada,

and it was promoted by papers as important as the Toronto _Globe_

and Montreal _Star_. It was resisted with desperation by the 20,000

persons who are employed in the Canadian oil industries, the growth of

thirty-two years--"not a rich, gay, bloated population, rioting with

the plunderings of the farmers, revelling in all kinds of luxuries,

making merry with their friends," says a newspaper correspondent, who

visited them in December, 1892, "but a hard-working community, in which

all live comfortably; few are rich."

This opposition was successful with the Dominion Parliament in that

year, and it refused to admit American oil at a lower tax. But the

finance minister then, by executive action, did in part what the

Legislature had refused to do. By lowering the inspection duty and

changing custom-house conditions he made a considerable reduction in

the tax. The agitation to reduce the tariff was not relaxed, and was

finally successful in 1894, when Parliament lowered the duties on oil,

and to that extent surrendered the Canada producers and refiners to

their American competitors.

The Scotch refiners, some of whom have been in business forty years,

have become as loyal subjects of an American ruler as of their own

queen. They make only as much as he allows, and sell at the price he

fixes. He has demanded year by year a greater proportion of their

business.[635] In 1892 they were notified that they must reduce their

output by 10 per cent.[636] The Scotch, anxious for the accelerating

future, begged that the "arrangement" might be made for three years

instead of one. But this was denied them. The agent from America who

brought them their orders would promise no more than "to place the

matter in a favorable light before his colleagues in America."[637]

By October of that year the capital of the Scotch companies, held

mainly by small investors, had shrunk $5,000,000 in value. But to this

item the London _Economist_ adds the consolation that "that powerful

organization"--the American--"has for years professed the kindliest

feelings for the Scotch producers." Dr. Johnson said that much may be

made of a Scotchman if caught young. The American caught him old.

The disturbance fell heaviest, as always, on the working-men.

"Reduction in wages is now being effected," writes the managing

director of the oldest and largest of the Scotch companies in the

_Economist_. "Another 10 per cent. reduction in miners' wages has been

resolved upon," the _Economist_ announces in its issue of October 8,

1892.

One of the causes that contributed to the downfall of the Scotch

refiners was the fact that the British government reduced the test

required for illuminating oil. This new regulation opened the British

markets to a flood of cheap oil from America.[638] The Scotch oil is

better made and more expensive. "We cannot tell," said a correspondent

of the Glasgow _Herald_, "what powerful interest the American oil

combination did not bring to bear on our government. The public had

then no champion, and as a rule never have on these occasions."

The unkindest cut of all is that it was from the Scotch manufacturers

themselves that their American rival and ruler learned the secrets of

the industry it is now absorbing on the instalment plan. In one of its

publications it has told how its "experts visited the great shale works

in Scotland, and studied their methods," and how "the consequence was

that extensive works were erected."[639]

The economic development of Germany is not so much behind that of

Great Britain and America as to seem uninviting to the unhasting

but unresting American. Some years ago enterprising German importers

invested a large amount of capital in tank-steamers, because they

thought these solved the problem of the transportation of petroleum.

When the Americans refused to supply them any longer with oil for their

steamers to carry, they saw that there was more in this problem than

they had guessed. Importers who had no steamers found one day that

American enterprise had secured practically all of them, and had very

decided notions as to whom cargoes should be taken. The heads of two or

three of the largest houses boarded a steamer for New York, and came

back stockholders in a German-American company which controls most of

the German business, as the Anglo-American company controls that of

Great Britain. "If the great company with unlimited capital cares to

lose money, it can drive us from the field," was the explanation of

the head of one of the largest German concerns, as quoted in the Weser

_Zeitung_.

At the beginning of the next year some Holland firms were invited into

the same shelter, and became the "fittest"; and then followed the

Belgian and the Scandinavian countries. The Berlin _Vossische Zeitung_

of June 18, 1891, described the line of march: "One group of business

men after another is thus made superfluous and pushed aside. First

the wells, pumps, and refineries in America, then the American export

trade, then the private freight vessels adapted for transportation of

petroleum, then the European import trade, then the export trade from

European ports, and, finally, this over-powerful company threatens to

seize the entire retail trade in petroleum. It is a world monopoly."

Hundreds of boatmen engaged in a flourishing river trade in Germany

were driven out by tank-boats. If they had changed to tanks, they

would have been dependent on their opponent for the oil to fill

them. Importers in barrels were cut off by a change which the German

government made in the tariff on barrels. The Americans were also

helped by an increase in the German tariff on Russian oil of 50 per

cent., which made it so much the more difficult for it to compete with

American oil. As one way to kill competition where it still existed,

all statistics were suddenly withheld by the German-American member of

the trust. Neither exports nor imports were known except to the ruling

company; all others were kept in the dark.

This success in Germany has not been due to favoritism on the highways.

The extraordinary discrimination on railroads in America would be

impossible in Germany. With hardly an exception the railroads are under

the supervision of the State, and are very carefully controlled. Even

the private roads would not dare to give any but the open rates. In

Austria-Hungary, formerly, secret rates were in full swing, but the

system is now said to be destroyed.

Prices have declined in Germany, and the people at large make few

complaints except about the quality of the American oil. It has become

more sooty than formerly. In the beginning it burns well, but it ends

with giving a very poor light. This has been conjectured to be due to

a mixture of the inferior Ohio oil with that of Pennsylvania; but "it

cannot be proved," the German chronicler reports.[640] "The working

people," says one of the Berlin papers, "will have to foot the bill,

and the working people only. The well-to-do and rich of to-day can have

other fuel and light, but to the oppressed working-man petroleum is as

great a necessity as his potatoes." The German papers, in casting about

for means of checkmating the increase of prices which they believe will

result from the consummation of this monopoly, advocate the use of

water-power and also wind-power to create electricity.

The attention that has been attracted to the growth of this power does

not come from the public at large, but from those directly interested

and the sympathy and interest of the German "national economists."

The latter point out that the present cheap prices are "war prices."

They predict that as soon as the world monopoly is established and

all territory is under complete control a rise of prices will take

place. They are advocates of State monopoly as better than private

monopoly. If State monopolies prevent free competition, at least

they are able, they say, to give some compensation to those who are

hurt. In the tobacco monopoly hundreds of millions were set aside

by the German government for this purpose, but even that was not

considered sufficient. But this monopoly is a private affair. It

swallows the profits of all those whom it destroys. Numerous industries

have been ruined--importers, ship-owners, brokers, local dealers,

exporters, retailers, river boatmen, and numerous other trades--but

no one receives indemnity. The public opinion of the government, the

Reichstag, the national economists, the philanthropists, is active

in support of the middle class, but in spite of all this a whole

department of industry has been torn away from it.

There are one or two "independents" in Germany whom, like the

independents in America, the trust has not yet been able to crush,

though it is turning the markets topsy-turvy for that purpose. The

_Pall Mall Gazette_ of June 18, 1894, notes that the trust is selling

refined oil in Europe at prices lower than those at which crude oil can

be delivered from America.

The Austrian journals have been chronicling the absorption of the

principal refineries of Austria and Hungary by a combination, of which

the Rothschilds are the most important members, as they are of that

in Russia. This combination, which first appears in 1892, has by 1894

accumulated a reserve of 3,000,000 gulden on a capital of 1,000,000

gulden, and its profits for 1894 are expected to be 100 per cent.

The Prager _Lloyd_ of April 26, 1894, giving these and other facts,

adds that "the government of Austria as well as of Hungary takes the

ground that if a petroleum monopoly is to be formed it should be in the

hands of the State, not of a corporation, certainly not of a foreign

corporation, least of all an American one."

This remedy of a State monopoly as an alternative to private monopoly,

as suggested in Austria and Germany, has as yet had few advocates in

America. Our public opinion, so far as there is any public opinion,

restricts itself to favoring recourse to anti-trust laws and to

boycotting the monopoly and buying the oil of its competitors. But

there are too few of these to go around, and they are shut out of most

of the markets. The shrewd monopoly is itself the most diligent caterer

to such American demand as there is for the "anti-monopoly" product. It

does business under hundreds of assumed names, and employs salesmen at

large salaries to push the sale of "opposition oil" in our disaffected

provinces.

With the news from Germany came the announcement that similar control

had been obtained of the business of the firm at Venice which did

most of the oil business of Italy, and a new company had been formed,

of which the American "trustees" own a majority. In a letter sent to

Minister Phelps, at Berlin, a resident representative of the American

oil combination says, as quoted in the New York _Tribune_, October

5, 1891: "For the furtherance of our programme and as participators

in the large European investment which this programme involves, we

have sought and been fortunate enough to secure the co-operation of a

coterie of well-known merchants, who have been long and prominently

identified with the petroleum commerce of the Continent." The Società

Italo-Americana del Petrolio (the Italian-American Oil Company) is in

Italy what the concerns just described are in the countries to the

north of it. The head of the oil combination was quoted by the New

York _Tribune_ of July 1, 1891, as saying: "The cable despatches are

substantially correct as regards our interest in the German and Italian

companies."

The French government a year ago lowered the tariff on petroleum

one-half. This was followed, the French press reports, by the erection

of a refinery by the American trust at Rouen, and the purchase by it of

land in Marseilles, Cette, Bordeaux, and Havre for other refineries.

The machinery needed was shipped from America. Large offices were

opened at Paris by the American combination for the administration of

the industry in France, which was to be concentrated into its hands

like that of the rest of Europe. The sequel, if the _Frankfurter

Zeitung_, a prominent German commercial paper, is correctly informed,

is that the French refiners, as the Scotch did before them, have

come to terms with the American trust. It has agreed not to start up

its refineries in France, not to sell any refined oil in America for

shipments to France, and not to allow any American outsiders to compete

with the French refiners.

There was a report in June, 1892, that a Dutch company had succeeded

in refining petroleum in Sumatra, one of the possessions of the

Netherlands' East India colonies, and selling it in India. The

solicitor of the trust, asked about it by the New York _Times_, June

5, 1892, said, "It cannot be true." The oil combination, he continued,

"has agents in the Netherlands' East India colonies and at Sumatra, and

it would certainly have heard of this corporation and its competition

if there was anything worth hearing."

There are great oil-fields in Peru. Since the close of the war with

Chili there has been an active development of them, and the commercial

reports of San Francisco say that fuel oil is now being supplied from

this source to our Pacific States. This has not been done by the

Peruvians. It was an American who organized the oil industry of Peru.

The principal company was formed by the same expert who went years ago

from Pennsylvania to Russia to Americanize the oil interests of the

Caucasus. After he had succeeded in that task he went to Peru. He died

in the spring of 1894. At about the time of his death the newspapers,

by a coincidence that arrests attention, chronicled the departure from

New York of a well-known man who was going to Peru, as he stated in an

interview, to look after the interests of the members of the oil trust.

But there is no official information that they have any ownership or

control there.

When one of the officers of the combination was before Congress, in

1888, he was asked if there had been any negotiations by his associates

with the Russian oil men.

"We have never had any serious negotiations,"[641] he replied.

The word "serious" was a slip. He withdrew it. "We have never had any"

was his revision. Three years later the same official, in a speech to

persuade the Pennsylvania Legislature that the pipe-line interests of

the oil country did not need the regulation by the State then under

debate, but were abundantly safeguarded by him and his associates,

said: "It may not be amiss for me to say that we have had, at different

times during the last several years, most flattering propositions

from people who are identified with the Russian petroleum industry,

to come there and join them in the development and introduction of

that industry. We have declined these offers, gentlemen, always and

to this day, and have held loyal to our relations to the American

petroleum."[642]

There had been negotiations, after all!

The reports of the United States consul-general at Berlin, in

1891, transmitted many interesting articles from the German papers

concerning the alliance which it was believed had been made between

the Rothschilds and the American oil combination. A company managed by

the great bankers has obtained a commanding position in the Russian

oil business, and the American and the Russian were even then said to

have divided the world between them. The Berlin _Vossische Zeitung_

said: "Heretofore the two petroleum speculators have marched apart,

in order to get into their hands the two largest petroleum districts

in the world. After this has been accomplished they unite to fight

in unison, and to fix as they please the selling price for the whole

world, which they divide between themselves. So an international

speculating ring stands before the door, such as in like might and

capital power has never before existed, and everywhere the intelligible

fear prevails that within a short time the price of an article of use

indispensable to all classes of people will rise with a bound, without

its being possible for national legislation or control to raise any

obstacles."[643]

But some of the closest European observers have seen reasons from

the beginning to believe that the Rothschilds are in the Russian oil

business only as the agents of the American combination. This is freely

asserted by the Continental press. The policy of the Rothschilds has

been never to engage in commercial enterprise on their own account.

The tactics used by the Rothschilds in oil have been an almost exact

reproduction of those of the combination in America. From the first

they gave the subject of freights their special attention. They showed

no ability for new or independent undertakings, but they tried, to use

the words of an Austrian-Hungarian consular report from Batoum in 1889,

"following the example of the combination in the United States, to get

the bulk of the Russian petroleum trade into their hands"; using the

large money power at their command for speculation, freely advancing

money for leases and delivery contracts, and specially acquiring all

the available means of transportation. The experience of the people of

Parker[644] is recalled by the statement that the Rothschild company

would leave hundreds of cars loaded with petroleum on the tracks for

weeks to prevent competitors from shipping and from filling their

contracts. When the city of Batoum, in 1888, refused to allow it to lay

pipes over the city lands to the harbor, it was with the enthusiastic

approbation of the agitated citizens. The authorities gave as their

reason that through large establishments of this kind the capitalists

gained a monopoly, crushing out smaller producers to the disadvantage

of all classes of the population. In the absence of official

investigations, a free press, and civilized courts--that knowledge

which is not only power but freedom--it is impossible for any one in

Russia, or out of it, to know the truth as to the relations of the

Rothschilds to the American monopoly. The latest news in the summer of

1894 is of a great combination of Russian and American oil interests,

under the direction of the Russian Minister of Finance, for a division

of territory, regulation of prices, and the like. Information of this

was given to the world by that minister's official organ in November,

1893. Thus says the Hanover (Germany) _Courier_ of November 11th: "With

the direct sanction of the Russian government the management of the

enormous wealth that lies in the yearly production of Russian petroleum

will be concentrated in the hands of a few firms.... The Russian

government lends its hand for the formation of a trust that reaches

over the ocean--a trust, under State protection, against the large mass

of consumers. This is the newest acquisition of our departing century."

It was announced that, in pursuance of this plan, the Russians were to

be given exclusive control of certain Asiatic markets. The officers

of the American combination are not easily reached by newspaper men.

But when this news came long interviews with them were circulated in

the press of the leading cities, dwelling upon the "Waterloo" defeat

they had suffered, and reassuring the people with this evidence

that there was, after all, "no monopoly." The Russian interests are

dominated by the Rothschilds, and if the Rothschilds are, as these

European observers declare, merely the agents of the Americans, even

unsophisticated people can understand the cheerfulness with which the

trustees in New York dilate on their Waterloo at the hands of their

other self. Only this could make credible the report that the world has

been divided with the Russians by our American "trustees," who never

divide with anybody. In dividing with the Russians they are dividing

with themselves.

Though it is reported that discriminations by the government railroads

of Russia were used to force the Russian producers into this

international trust, still, at worst, every Russian producer was given

by his government the right to enter the pool. But no similar right for

the American producer is recognized by our trust. It admits only its

own members. The others must "sell or squeeze." There is something

in the world more cruel than Russian despotism--American "private

enterprise."

One of the conditions said to have been made by the Russian government

is the natural one that the American trust, as it has agreed to do for

the French, must protect its Russian allies from any competition from

America. Extinction of the "independents" has therefore become more

important than ever to the trust. The prize of victory over them is not

only supremacy in this country, but on four other continents. This will

explain the new zeal with which the suppression of the last vestige of

American independence in this industry has been sought the last few

months of 1893 and in 1894. Especially strenuous has been the renewal

of the attack on the pipe line the independents are seeking to lay to

tide-water, and which they have carried as far as Wilkes-barre.[645]

That pipe line, as it is the last hope of the people, is the greatest

menace to the monopoly. The independents, as they have shown by the

fact of surviving, although they have to pay extraordinary freights and

other charges from which the trust is free, can produce more cheaply

than the would-be Lords of Industry, as free men always do.[646] By

means of this pipe line, suspended though it is at Wilkes-barre, are

now made the only independent exports of oil that go from America to

Europe. Once let the "outsiders" with their line reach the sea-shore

and its open roads to the coast of America and Europe, and it will be

a long chase they will give their pursuers. Everything that can be

brought to bear by market manipulation, litigation, and other means is

now being done to prevent the extension of this line, and to bankrupt

the men who are building it through much tribulation. The mechanical

fixation of values, by which the refiners who use this line to export

oil are compelled to meet a lower price for the refined in New York

than can be got for the crude out of which it is made, has been already

referred to, and, as shown above, the same prestidigitation of prices

is being resorted to in Europe against the independents of Germany.

Early in 1894 the independent refiners and producers resolved to

consolidate with this pipe line some other lines owned by them in order

to strengthen and perfect the system, and put it in better shape to

be extended to tide-water. This consolidation was voted by a large

majority both of stock and stockholders. But a formidable opposition

to it was at once begun in the courts by injunction proceedings in

behalf of one man, a subordinate stockholder in a corporation of

which the control is owned, as he admitted in court, by members of

the oil trust.[647] The real litigant behind him, the independents

stated to the court, was the same that we have seen appear in almost

every chapter of our story, with its brigades of lawyers. "An unlawful

organization," the independents described it to the court, "exercising

great and illegal powers, ... and bitterly and vindictively hostile to

our business interests." They came into court one after the other and

described the ruin which had been wrought among them, telling the story

the reader has found in these pages.

"It is our hope," they said, "when we once reach the salt-water that

there will be no power there controlling the winds and the waves, the

tides and the sun and moon, except the Power that controls everything.

When we once are there the same forces that guide the ships of this

monopoly to the farther shore will guide ours. The same winds that waft

them will waft ours. There is freedom, there is hope, and there is

the only chance of relief to this country.... Through three years of

suffering and agony we have attempted to carry on our purpose.... You

could have seen the blood-marks in the snow of the blood of the people

who are working out their subscription as daily laborers on that line

with nothing else to offer."

The injunctions asked for by this opposition were granted by the lower

court, but the independents took an appeal to the Supreme Court of

Pennsylvania. They first placed their petition for the rehearing in the

hands of the chief-justice on Thursday, May 24th; on Monday, May 28th,

the petition was renewed before the full court; on Thursday, May 31st,

the court adjourned for the summer without taking any action upon the

petition. The court in July agreed to hear the case at the opening of

its next term, the first Monday of October. Section II. of Article I.

of the Constitution of Pennsylvania says: "All courts shall be open,

and every man, for an injury done him in his lands, goods, person,

or reputation, shall have remedy by due course of law, and right and

justice administered, without sale, denial, or delay." To guard against

the injustice which might arise by the granting of special injunctions

by the lower courts--like that granted in this case--which might

remain for months without remedy, the Legislature, in 1866, enacted

a law which reads as follows: "In all cases in equity, in which a

special injunction has been or shall be granted by any Court of Common

Pleas, an appeal to the Supreme Court for the proper district shall be

allowed, and all such appeals shall be heard by the Supreme Court in

any district in which it may be in session."

As if there had not been enough to try these men, misfortune marked

them in other ways. The Bradford refinery of the president of their

pipe line was visited by a destructive fire during these proceedings

in court. The Associated Press despatches attributed the fire to

"spontaneous combustion," whatever that may be. But in another

newspaper an eye-witness described how he saw a man running about the

works in a mysterious way just before the flames broke out. On the same

day, by a coincidence, the main pipe of the independent line was cut,

and the oil, which spouted out to the tree-tops, was set on fire at a

point in a valley where the greatest possible damage would result, and

the telegraph wires were simultaneously cut, so that prompt repairs

or salvage of oil were impossible. The Almighty is said to favor the

heaviest battalions, and accident, if there is such a thing, seems to

have the same preference, as has been shown in many incidents in our

history, such as the mishaps to the Tidewater pipe line, and the Toledo

municipal gas line.[648]

An intimation is given in the Continental press as to one of the

motives under which the Russian government acted in promoting the

alliance between the Russian and American oil men. It desired, it

is said, to secure the influence of the powerful members of the

oil combination in favor of certain plans for which Russia needed

co-operation in America. There has been nothing for which the Russian

government has so much needed "sympathetical co-operation" in America

as for the ratification of the Extradition Treaty. The Russian

government has obtained this ratification, and obtained it in a way

which indicated that some irresistible but carefully concealed American

influence was behind it. The New York _World_, in its editorial

columns of May 25, 1894, made the suggestion that the power behind

this treaty of shame was that of the oil trust, earning from the czar

the last link in its chain of world monopoly. It asked if it was the

influence of the oil combination that induced the Senate's consent

to this "outrageous treaty." "Was this one of the conditions upon

which that monopoly was permitted to secure its present concessions

from Russia? Did it wield an influence in the Senate like that

which the sugar trust has since exercised, though for an advantage

of a different kind?" The Philadelphia _Press_ points out that the

Russian government had long and unsuccessfully sought to obtain the

ratification of this treaty, but at last got it quickly and quietly.

Did the oil combination, it asks, "succeed in bartering the character

of this country as a political sanctuary for the monopoly of the

world's markets?" Seldom has any public measure been so universally and

so indignantly condemned in America as was this proposal to use the

powers of Anglo-Saxon justice to return men who were accused only, and

were, therefore, legally innocent, to be tried without jury, counsel,

publicity, or appeal. Never has public opinion availed less. The

Federal executive refused even to delay the ratification in deference

to the sentiment against it. Those who were active in the agitation

against the treaty found something inexplicable in the unresting

and unlistening relentlessness with which it was pushed through.

Napoleon said that in fifty years Europe would be all Russian or all

republican. Even he did not dream that republican America would become

Russianized before Europe. The San Francisco _Call_ of March 3, 1894,

discussing the report that a commercial treaty with China was under

consideration at Washington, says the negotiation is in the interest

of the oil combination. It warns the public that the trust is willing

to reopen the opium trade in reciprocity to China for better terms for

the admission of American petroleum. This free trade with China and

Russia in the souls and bodies of Russians, Chinese, and Americans

would add only another instance of the many manipulations of government

which this combination has successfully attempted in all parts of the

world--in the tariffs of France, Germany, Cuba, Canada, and our own

country; in the raising or lowering of the governmental requirements

as to explosiveness of oil sold the people in England and the United

States, and in the subsidy legislation by which it got from Congress

for its ocean steamers a privilege rigorously denied by law to all

other citizens.

In this the oil trust is but an illustration. What it has done scores

of other combinations have accomplished, though not with equal

genius. The Hon. John De Witt Warner, member of Congress from New

York, has published a list of one hundred trusts which have been able

to influence the tariff legislation of the country in their favor.

The orgy of the sugar trust and Congress, out of which the tariff

bill of 1894 was born, was in the plain view of all the people. "The

appalling fact already disclosed," the New York _Daily Commercial

Bulletin_, the most important commercial and financial daily in the

United States, said in its editorial columns of June 4, 1894, "is

that for some months past the sugar trust has been the government of

the United States." The _Bulletin_ estimates that the profit to the

trust of one detail of the tariff bill postponing the duty on raw

sugar for six months will be $34,620,000. In all this our country is

not singular. The governments of Europe are used as the instruments

of profit for private enterprise to an extent which the people endure

only because they do not understand it. The latest instance is one of

the best. The _Investor's Review_ of London, England, in May, 1894,

calls attention to the fact that upon the accession of Lord Rosebery

to the Premiership of England the hitherto outspoken opposition of

the War Office to the Maxim gun had become entirely silent, and the

gun had been put into use in the army without competitive trial with

other machine-guns, some of them its superiors. "This is an unfortunate

fact for Lord Rosebery," says the _Investor's Review_, "because of his

relationship to the Rothschilds." This great house, the _Review_ says,

has "a strong pecuniary interest in the Maxim-Nordenfeldt Company,"

and his lordship's affinities to the house "have not in the past been

confined to those of family relationship alone, but extend to community

of interests on the stock exchange." The _Review_ therefore appeals

to Lord Rosebery, for his own sake and the sake of the government "to

prove by his deeds that he not only has had nothing to do with it, but

will peremptory stop this crime." If not, the _Review_ hopes enough may

be made of the scandal to overthrow Lord Rosebery's government, for it

desires "to see a beginning made of the endeavor to purge Parliament of

the guinea-pig director, the stock-gambler and punter, and the whole

unclean brood of City 'bulls' and 'bears,' jobbers in patents, bribers

and bribed, who help to degrade public life."

We of America are most sovereign when we sit in Constitutional

Convention by our representatives, and change the fundamental law

as we will. The Constitutional Convention gives us the unique power

of peaceful and perpetual revolution, to make bloody and spasmodic

revolutions unnecessary. Of all the inventions of that ablest group

of statesmen the world has seen--the founders of this government--this

is the greatest. The people of the State of New York are holding a

Constitutional Convention in 1894 to enlarge the garment of 1846 to

fit the growth of half a century. In that half-century the revolution

in society and industry which had been getting under headway ever

since the steam-engine and competition were invented has come to its

consummation. But the basic law of the Empire State has faced this

new world as changeless as the sphinx. Nearly half the other states

have made new constitutions, or amended the old ones to bring law into

line with life. Pennsylvania forbids the common carrier to become

the owner of coal-mines, or to consolidate with competing carriers,

or to give preference to any citizen. Michigan, Illinois, Nebraska,

Colorado, and many other states have framed provisions to control

the abuse of industrial and highway power. The State of Washington

in its Constitution declares that "monopolies and trusts shall never

be allowed in this State," and it forbids any association "for the

purpose of fixing the price or limiting the production, or regulating

the transportation of any product or commodity." The manual of the

constitutions of the world prepared for the use of the New York

convention shows that fifteen of the states of the Union have in one

way or another recognized the revolution which has taken place in

the industrial economy of the people, and sought to meet it with the

necessary political safe-guards.

When the delegates of the citizens of New York State meet in May,

1894, at Albany, in such a time to face such problems, the press

notes that a large proportion of them are corporation lawyers. The

place of president of the convention is secured by the chief counsel

of the oil trust. He is in Albany to resist the application to the

Attorney-General of the State to move for the forfeiture of the charter

of the principal corporation in the trust, and on his way he plucks the

presidency of the Constitutional Convention. "It is truly a momentous

event," he says in his opening speech, "when the delegates of many

millions of people gather together after an interval of fifty years

almost, for the purpose of revising and amending the fundamental law of

the State." The delegates thus momentously assembled, when they came to

choose the officer who was to wield over them a power as great as that

of the Speaker over the Federal House of Representatives, momentously

selected the most conspicuous attorney of the most conspicuous

embodiment of the forces with which the people are in conflict. The

president found words of kindly reference for many great questions--of

education, suffrage, city government, and the like--but for the great

questions of social power which fifteen states have found serious

enough for constitutional cognizance he had not a syllable. No plan or

even suggestion, great or little, for the new Constitution can reach

the convention direct. All must go to the appropriate committee, to be

smothered or reported, as the case may be. There are thirty of these

committees, and they are made up by the president of the convention,

who also designates their chairmen. Each committee has its subject, and

the subjects cover the bill of rights, the regulation of suffrage, the

control of corporations, the election of judges, future amendments of

the Constitution, and every other part of the organic law. Practically

the work of the convention will be the work of the committees, and the

committees are the work of one who is not only the attorney of the

oil trust, but is a part of the trust, a member of the organization.

"I happen to own one hundred shares in the Standard Oil Trust," he

said in his argument in Albany before the Attorney-General in behalf

of the trust. The trust has given formal notice that out of deference

to public opinion and the decision of the Supreme Court of Ohio, and

in pursuance of an agreement with the late Attorney-General of New

York,[649] it had dissolved itself. But this distinguished member

disregards the dissolution, for reasons of personal convenience, as he

tells the Attorney-General. "I have never gone forward and claimed my

aliquot share." The character of this trust, of which the president

and organizer of the Constitutional Convention persists in being a

member to the extent of refusing to be "dissolved" out of it, has been

adjudicated. It was, the Supreme Court of Ohio said,[650] "organized

for a purpose contrary to the policy of our laws. Its object was to

establish a virtual monopoly ... throughout the entire country, and

by which it might not merely control the production but the price

at its pleasure. All such associations are contrary to the policy

of our State and void." A similar judgment has been passed upon the

trust by the judiciary of the State of which this president of the

Constitutional Convention, besides being an officer of the courts,

is a citizen. It was entered into, the Supreme Court of New York has

said,[651] "for the purpose of forming a combination whose object was

to restrict production, control prices, and suppress competition, and

the agreement was therefore opposed to public policy and void." And a

higher court, the highest in the State, the Court of Appeals, decided

in the sugar-trust, case that a trust was in avoidance and disregard of

the laws of the State.

To the monopoly of oil, which was the starting-point, are being

added by its proprietors, one after the other, as we have shown, a

progressive series of other monopolies, from natural gas to iron. To

these assets is now to be added our bill of rights. The long fingers

of this power of mortmain reincarnate are long enough to reach from

its counting-room to the Constitutional Convention. The new Magna

Charta, to which the people look for help against void and unlawful

combinations, is to be drafted by committees made up by the attorney of

the chief of these void and unlawful combinations. The instrument which

is to protect the people against monopoly will come to them only after

every section has been exposed to the moulding touch of the greatest

monopoly in history. "This business belongs to us," and theirs is the

first and the last hand on the reins of the convention. The people can

vote on the Constitution after it is made, but the trust will see it

made. If the new Constitution is made so obnoxious that it is rejected,

as that of 1867 was, the old Constitution will do for the next fifty

years as for the last fifty. It is not monopoly that needs the revision.

Is this the end? When before the Interstate Commerce Commission, the

head of the combination was asked:

"The properties included in your trust are distributed all over the

United States, are they not?"

"Oh, not all over the United States. They are distributed."

"Are they not distributed, and are they not sufficiently numerous

to meet the requirements of your business from the Atlantic to the

Pacific, and from the Gulf to the northern boundary?"

"Not yet."[652]

The reply came in a tone and with a smile so significant that it was

answered by a comprehending laugh from the whole room--judges, lawyers,

reporters, spectators, and all.

"Not yet!"

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